Agenda — Arvin City Council, February 14, 2023

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY FEBRUARY 14, 2023 6:00p.m.

CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Olivia Trujillo

PLEDGE OF ALLEGIANCE

INVOCATION
*******************************************
ROLL CALL Olivia Trujillo Mayor
Daniel Borreli Mayor Pro Tem
Donny Horton Councilmember
Susana Reyes Councilmember
Juan Murillo Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

PUBLIC COMMENTS:

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

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

AGENDA STAFF REPORTS AND HANDOUTS:

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

CONDUCT IN THE CITY COUNCIL CHAMBERS:

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

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

AMERICANS with DISABILITIES ACT:

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

Arvin City Council Meeting Agenda – February 14, 2023

Page 1 of 3 ends

1. APPROVAL OF AGENDA AS TO FORM.

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

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

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of January 21, 2023 – February 09, 2023.

B. Approval of Payroll Register(s) of February 03, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of January 10, 2023 and January 24, 2023.

D. Approval of A Resolution of the City Council of the City of Arvin Accepting the Work Completed by Griffith Company and Filing the Notice of Completion for the City of Arvin Franklin Street RSTP Improvements Project.

E. Approval of A Resolution of the City Council of the City of Arvin Approving the Sale of Equipment Declared as Surplus.

F. Approval and Adoption of the Emergency Services / Deputy Chief Scope of Work and Employment Agreement.

G. Approval of A Proclamation Proclaiming the Month of February 2023 as Kern County Grand Jury Awareness Month.

H. Approval of Revision of Terms to the Professional Services Agreement (Agreement No. 2022-29) between City of Arvin and QK Inc., Previously Approved by the City Council at the Regular Council Meeting of December 13, 2022, for the Development of Concept Plans, Construction Plans, and Bid Documents for the Kovacevich Park “Field of Dreams and Baseball Teams” Project.

I. Approval of Appointment of Fatima Arellano Gonzalez to the Arvin Planning Commission. (Councilmember Murillo)
J. Approval of Appointment of Joshlyn Horton to the Arvin Planning Commission. (Councilmember Reyes)
Staff recommends approval of the Consent Agenda.

Arvin City Council Meeting Agenda – February 14, 2023

Page 2 of 3 ends

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

4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider and Approve A Resolution of the City Council of the City of Arvin to Affirm the Planning Commission’s Action and Uphold the Imposition of the Condition Requiring the Payment of the Traffic Impact Fee – PUD (SDP) 1100BMB-Vanguard per Resolution No. APC 2022-07 Dated December 14, 2022. (City Manager)
Staff recommends to open the hearing, allow for public testimony, close the hearing, and approve the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. A Public Hearing to Consider and Approve A Resolution of the City Council of the City of Arvin Adopting the Arvin Environmental Justice Element, An Element to the General Plan, and Accepting the CEQA Determination of A Categorical Exemption per Section 15061(b)(3) (General Rule) of the California Environmental Quality Act (CEQA). (City Planner) Staff recommends to open the hearing, allow for public testimony, close the hearing, and approve the Resolution.

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

5. ACTION ITEM(S)
A. Consideration and Approval of Removal of Mayor Pro Tem Daniel Borreli as the Alternate Board Member and Appointment of A Council Member to Serve as the Alternate Board Member for Kern Council of Governments (KernCOG) (Mayor Trujillo)
Staff recommends that the Council nominate and appoint a Council Member to serve as the Alternate Board Member for KernCOG.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – February 14, 2023

Page 3 of 3 ends

B. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

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

6. STAFF REPORTS

7. COUNCIL MEMBER COMMENTS

8. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, §54957(a).)
Consultation with: City Attorney and/or City Emergency or Critical Function Personnel. (one item)
B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (seven potential cases)

9. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated February 09, 2023.

Cecilia Vela, City Clerk
1/25/2023 2:39:25 PM Page 1 of 8
Payment Register
City of Arvin APPKT00311 - FOR AP 1/25/2022
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1366
Vendor Number

BADGER DAYLIGHTING CORP
Total Vendor Amount
23,421.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 23,421.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2459532 STORM DRAINS HWY 223 12/27/2022 12/27/2022 0.00 23,421.12 1032
Vendor Number
BOWMAN ASPHALT, INC.

Total Vendor Amount

4.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 4.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #R00001005 OVERPAYMENT OF $4 FOR BUSINESS LICENSE #R00001005 01/19/2023 01/19/2023 0.00 4.00 1454
Vendor Number

CALI CONCRETE CORPORATION
Total Vendor Amount
104.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 104.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #R00001009 OVERPAYMENT OF $104 FOR BUSINESS LICENSE 01/25/2023 01/25/2023 0.00 104.00 1534
Vendor Number

CALIFORNIA SAFETY TRAINING CORPORATION
Total Vendor Amount
1,950.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 1,950.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 109599 PESTICIDE COMMUNICATION TRAINING 12/31/2022 12/31/2022 0.00 1,950.00 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
420.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 420.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1113944 LTR 450 DISPATCH TRANSIT JAN2023 01/03/2023 01/03/2023 0.00 240.00 1113945 LTR 450 DISPATCH PW JAN2023 01/03/2023 01/03/2023 0.00 180.00 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

35.23 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 35.23
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 27630 IRRIGATION MATERIAL FOR DIGIORGIO PARK 01/11/2023 01/11/2023 0.00 10.81 465378 TRANSPORTATION DEPARTMENT 01/11/2023 01/11/2023 0.00 11.45 465475 IRRIGATION MATERIAL FOR DIGIORGIO PARK 01/12/2023 01/12/2023 0.00 12.97 1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
188.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 188.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2222256 CHIRO SVCS FEB2023 01/09/2023 01/09/2023 0.00 188.79

CORELOGIC SOLUTIONS LLC
Total Vendor Amount
200.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 200.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 30645178 KERN ONLINE DATA PARCEL MAPS DECEMBER 2022 12/31/2022 12/31/2022 0.00 200.00 1533
Vendor Number

CSC GLOBAL
Total Vendor Amount

54.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 54.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #R00000835 CANCELLATION OF BUSINESS LICENSE #R00000835 $54.00 01/19/2023 01/19/2023 0.00 54.00 1494
Vendor Number

DAVE BANG ASSOCIATES INC
Total Vendor Amount
3,383.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 3,383.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount CA52856 KOVACEVICH PARK 11/14/2022 11/14/2022 0.00 3,383.05 1058
Vendor Number

DEPARTMENT OF JUSTICE
Total Vendor Amount
326.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 326.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 626565 FINGERPRINT SVCS DECEMBER 2022 01/05/2023 01/05/2023 0.00 326.00 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
147.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 147.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32663 BASIC SSL CERTIFICATE - 2 YEARS 01/13/2023 01/13/2023 0.00 147.50 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
590.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 590.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0135 ARVIN PD FLEET WASH 1.17.2023 01/17/2023 01/17/2023 0.00 360.00 INV0137 BUS WASH AND BUMPER SHINE 1.20.2023 01/20/2023 01/20/2023 0.00 230.00 1406
Vendor Number

FASTRIP FOOD STORE
Total Vendor Amount
719.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 719.19
Payable Number Description Payable Date Due Date Discount Amount Payable Amount NOVEMBER 2022 FUEL NOVEMBER 2022 FUEL 01/17/2023 01/17/2023 0.00 719.19 1062
Vendor Number
FEDEX
Total Vendor Amount

47.05 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 47.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-006-93417 SHIPPING SVCS 1.06.2023 01/13/2023 01/13/2023 0.00 47.05

GOLDEN EMPIRE TOWING INC
Total Vendor Amount
1,087.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 1,087.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 491064 2021 FORD EXPLORER WINCH OUT 11/03/2022 11/03/2022 0.00 170.00 491884 2005 CHEVROLET TAHOE 12/19/2022 12/19/2022 0.00 185.00 492369 2005 CHEVROLET TAHOE EVIDENCE TOW 12/15/2022 12/15/2022 0.00 185.00 492407 UNIT 268 TOWING 12/01/2022 12/01/2022 0.00 85.00 493352 2005 CHEVROLET TAHOE EVIDENCE LAB 12/19/2022 12/19/2022 0.00 277.50 81410 2007 CHEVROLET EVIDENCE 11/25/2022 11/25/2022 0.00 185.00 1072
Vendor Number

GRANITE CONSTRUCTION
Total Vendor Amount
1,040.64
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 1,040.64
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2395029 ROAD MATERIAL TO REPAIR POTHOLES 12/14/2022 12/14/2022 0.00 1,040.64 1403
Vendor Number

GRIFFIN GRAPHICS INC
Total Vendor Amount
257.41
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 257.41
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10455 COA EMPLOYEE SHIRTS 01/14/2023 01/14/2023 0.00 257.41 1213
Vendor Number

HOME DEPOT PRO INSTITUTIONAL
Total Vendor Amount
1,622.13
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 1,622.13
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 723869491 COA ARVIN CLEANING SUPPLIES 12/28/2022 12/28/2022 0.00 1,622.13 1153
Vendor Number

JAS PACIFIC
Total Vendor Amount
1,575.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 1,575.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PC 6481 PLANNING SVCS DECEMBER 2022 01/10/2023 01/10/2023 0.00 1,575.00 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
2,058.61
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 2,058.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7972 UNIT 281 CATALYTIC CONVERTER 01/06/2023 01/06/2023 0.00 1,630.92 7988 UNIT 291 BATTERY REPLACED 01/14/2023 01/14/2023 0.00 427.69 1486
Vendor Number

KEY ELECTRIC , INC
Total Vendor Amount
11,511.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 11,511.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34907 DIGIORGIO PARK 01/09/2023 01/09/2023 0.00 4,551.75 35234 BEAR MOUNTAIN BLVD 12/01/2022 12/01/2022 0.00 6,960.24

KOSMONT REAL ESTATE SERVICES
Total Vendor Amount
656.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 656.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2204.3-009 PROFESSIONAL SERVICES FOR DECMEBER 2022 12/31/2022 12/31/2022 0.00 656.50 1508
Vendor Number

LAUREL AG & WATER SOUTH
Total Vendor Amount
7,994.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 7,994.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVLAWS-029905 DIGIORGIO PARK IRRIGATION 10/11/2022 10/11/2022 0.00 2,386.49 INVLAWS-031310 DIGIORGIO PARK IRRIGATION 12/01/2022 12/01/2022 0.00 5,608.27 1097
Vendor Number

LIEBERT CASSIDY WHITMORE
Total Vendor Amount
4,292.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 4,292.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 232087 CLIENT / MATTER : AR100+0001 12/31/2022 12/31/2022 0.00 595.00 232532 CLIENTE / MATTER : AR100-00006 12/31/2022 12/31/2022 0.00 3,697.50 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount

66.94 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 66.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 692176 BIN RENT AND 4 YD ROLL OFF DEC2022 01/10/2023 01/10/2023 0.00 66.94 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount

35.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 35.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32220 TIRE MOUNTED UNIT #281 01/17/2023 01/17/2023 0.00 35.00 1108
Vendor Number
PG & E
Total Vendor Amount
15,728.48
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 15,728.48
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ELEC SVC 12.12.22-1.10.2023 ELEC SVC 12.12.22-1.10.2023 01/11/2023 01/11/2023 0.00 15,728.48 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
8,744.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 8,744.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 116412 ON CALL PROFESSIONAL SERVICES 10.16.22-11.12.2022 11/22/2022 11/22/2022 0.00 6,908.20 1166800 1ST CHECK OF VTPM 12493 LAND SURVEYING SERVICES 12/21/2022 12/21/2022 0.00 1,836.00 1370
Vendor Number

ROADS DIV KERN COUNTY PUBLIC WORKS DEPT
Total Vendor Amount
100,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 100,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount R00014 CONSTRUCTION FUNDING- PED & BIKE PATH VARSITY RD 01/09/2023 01/09/2023 0.00 100,000.00

SAN JOAQUIN VALLEY APCD
Total Vendor Amount

42.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 42.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3031 S168095 PERMIT FEES 12/02/2022 12/02/2022 0.00 42.00 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
289.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 289.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901010123 SERVICE 01.01.2023-01.31.2023 01/01/2023 01/01/2023 0.00 289.26 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
308.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 308.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5023327486 COPIER LEASE ARVIN PD 12.29.22-1.28.23 01/03/2023 01/03/2023 0.00 183.87 5023337206 COMM DEV LEASE 12.30.22-1.29.23 01/04/2023 01/04/2023 0.00 124.49 1147
Vendor Number

ZEE MEDICAL SERVICE
Total Vendor Amount
205.63
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 205.63
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34-200835 FIRST AID SUPPLIES COMM DEV. 01/23/2023 01/23/2023 0.00 90.88 34-200837 FIRST AID SUPPLIES PUBLIC WORKS 01/23/2023 01/23/2023 0.00 114.75 Bank: PY - Payroll Vendor Payables
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000565 APOA Dues 01/20/2023 01/20/2023 0.00 800.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
1,015.53
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 1,015.53
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000566 SEIU Dues 01/20/2023 01/20/2023 0.00 47.00
INV0000567 SEIU Dues 01/20/2023 01/20/2023 0.00 968.53
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000570 ALEX GHAZARIAN 01/20/2023 02/15/2023 0.00 300.00 1456
Vendor Number

KERN COUNTY SHERIFF
Total Vendor Amount
416.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 416.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000569 C# BCL-21-012888, F#22-02218, RICARDO MADRIGAL 01/20/2023 02/15/2023 0.00 416.78

VANTAGE POINT TRANSFER AGENTS
Total Vendor Amount
1,447.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/25/2023 1,447.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000562 457 Contributions 01/20/2023 01/20/2023 0.00 1,438.00 INV0000563 457 Loan Repayment 01/20/2023 01/20/2023 0.00 9.96

3.A.1
Attachment: Demand Register(s) of January 21, 2023 - February 09, 2023 (Demand Register(s) of January 21, 2023 - February 09, 2023.) Payment Register APPKT00311 - FOR AP 1/25/2022
1/25/2023 2:39:25 PM Page 7 of 8
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 50 34 0.00 189,106.84
Packet Totals: 50 34 0.00 189,106.84
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check75 0.00 3,980.27
Packet Totals:
75 0.00 3,980.27

3.A.1
Attachment: Demand Register(s) of January 21, 2023 - February 09, 2023 (Demand Register(s) of January 21, 2023 - February 09, 2023.) 2/2/2023 3:26:32 PM Page 1 of 6
Payment Register
City of Arvin APPKT00314 - FOR AP 2/2/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1537
Vendor Number

ADRIAN CALDERON
Total Vendor Amount
390.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 390.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RECEIPT # 37526 REIMBURSEMENT OF $390 DEPOIST FOR VET'S HALL#37526 01/25/2023 01/25/2023 0.00 390.00 1010
Vendor Number

AMERICAN BUSINESS MACHINES
Total Vendor Amount
174.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 174.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 665065 BUSINESS CARDS FOR CM REYES & CM MURILLO 01/26/2023 01/26/2023 0.00 174.76 1150
Vendor Number
AT&T
Total Vendor Amount
401.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 401.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000019294448 9391059040 SERVICE DECEMBER 2022 01/01/2023 01/01/2023 0.00 210.53 000019294679 9391060015 SERVICE DECEMBER 2022 01/01/2023 01/01/2023 0.00 191.01 1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
24,951.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 24,951.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 230160052404 MEDICAL FEB2023 01/16/2023 01/16/2023 0.00 24,951.89 1194
Vendor Number

BROADLUX INC
Total Vendor Amount
1,011.04
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 1,011.04
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BR9I1732104 O & M SERVICES 12.01.2022 12/01/2022 12/01/2022 0.00 252.50 BR9I1732105 HARDWARE SUPPORT - THE STICK 11/01/2022 11/01/2022 0.00 334.04 BR9I1732106 O & M SERVICES 01.01.2023 01/01/2023 01/01/2023 0.00 252.50 BR9I1732107 O & M SERVICES BR-PS03 01/25/2023 01/25/2023 0.00 172.00 1218
Vendor Number

BSSR INC
Total Vendor Amount
415.35
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 415.35
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 39723 PUMP DOWN REPLACED VANE/ ROTOR KIT 01/24/2023 01/24/2023 0.00 415.35 1127
Vendor Number

CALIFORNIA DEPT OF TAX AND FEE ADMINISTRATION
Total Vendor Amount
356.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 356.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 057-425422 4TH QTR 057-425422 4TH QTR DIESEL TAX RETURN 01/31/2023 01/31/2023 0.00 356.00

3.A.1
Attachment: Demand Register(s) of January 21, 2023 - February 09, 2023 (Demand Register(s) of January 21, 2023 - February 09, 2023.) Payment Register APPKT00314 - FOR AP 2/2/2023
2/2/2023 3:26:32 PM Page 2 of 6
1540
Vendor Number
CCUG
Total Vendor Amount
125.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 125.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2023 CCUG MEMBERSHIP 2023 CCUG AGENCY MEMBERSHIP 01/17/2023 01/17/2023 0.00 125.00 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
1,284.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 1,284.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5193602-0106858 SUPPLEMENTAL INS JAN2023 01/06/2023 01/06/2023 0.00 1,284.54 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

53.42 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 53.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 27968 FOR POLICE DEPARTMENT PLASTIC ANCH KIT 01/19/2023 01/19/2023 0.00 12.97 27976 FOR SHOP - DEPARTMENT TOOL 01/19/2023 01/19/2023 0.00 14.71 466026 IRRIGATION REPAIR- DIGIORGIO PARK 01/17/2023 01/17/2023 0.00 25.74 1369
Vendor Number

COMPUTERSHARE CORPORATE TRUST
Total Vendor Amount
394,758.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 394,758.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARVI719TARA ARVIN CRA TAX ALCTN BNDS SR 2019 01/31/2023 01/31/2023 0.00 73,875.00 ARVI719TARB ARVIN CRA TAX ALCTN REF BNDS SR 2019 01/31/2023 01/31/2023 0.00 320,883.75 1044
Vendor Number

DENNIS CLARK
Total Vendor Amount

24.56 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 24.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT FOR 1099-NEC FORMS REIMBURSEMENT FOR 1099-NEC FORMS 12/26/2022 12/26/2022 0.00 24.56 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
340.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 340.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0138 ARVIN PD FLEET WASH 01.24.2023 01/24/2023 01/24/2023 0.00 340.00 1063
Vendor Number

FORD MOTOR CREDIT COMPANY LLC
Total Vendor Amount
56,003.67
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 56,003.67
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1773357 4-2021 FORD POLICE INTERCEPTOR UTILI 01/13/2023 01/13/2023 0.00 56,003.67 1539
Vendor Number

GOLDEN PACIFIC TRUCK SCHOOL
Total Vendor Amount
2,300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 2,300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount TRAINING NICK L. TRAINING FOR NICK L. 1/30/2023 01/25/2023 01/25/2023 0.00 2,300.00

GUARDIAN
Total Vendor Amount
6,836.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 6,836.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 FEB2023 BUNDLE INSURANCE FEB2023 01/20/2023 01/20/2023 0.00 6,836.80 1318
Vendor Number

HECTORS PLUMBING INC
Total Vendor Amount
400.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 400.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3012 TECH REPLACED PILOT ON WATER HEATER 01/31/2023 01/31/2023 0.00 400.00 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
8,955.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 8,955.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000575 INVOICE 1 01/17/2023 02/01/2023 0.00 8,955.00 1153
Vendor Number

JAS PACIFIC
Total Vendor Amount
2,437.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 2,437.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PC 6391 PLANNING SVCS SEP 2022 10/07/2022 10/07/2022 0.00 2,437.50 1225
Vendor Number

JASMIN GARCIA
Total Vendor Amount
294.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 294.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT REIMBURSEMENT CHRISTMAS HATS, CANDY CANES,SUIT 12/15/2022 12/15/2022 0.00 294.42 1538
Vendor Number

JORGENSEN COMPANY
Total Vendor Amount

50.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #R00001059 OVERPAYMENT OF BUSINESS LICENSE OF $50 01/24/2023 01/24/2023 0.00 50.00 1025
Vendor Number

KAISER PERMANENTE
Total Vendor Amount
19,709.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 19,709.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUIK 690201404 FEB 2023 MEDICAL FEB2023 01/05/2023 01/05/2023 0.00 19,709.86 1541
Vendor Number

MISSIONSQUARE PLAN SERVICES
Total Vendor Amount
2,695.92
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 2,695.92
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000524 INV0000524,INV0000525,INV0000545,INV0000546 01/05/2023 01/05/2023 0.00 2,695.92

PACIFIC IRRIGATION
Total Vendor Amount
228.21
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 228.21
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 00219875 VALVE VAULT 1015 HD /12 01/18/2023 01/18/2023 0.00 228.21 1108
Vendor Number
PG & E
Total Vendor Amount
7,216.09
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 2,500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0008155647-4 TRANSFORMER UPGRADE IN PARK & RIDE 01/23/2023 01/23/2023 0.00 2,500.00 Check 02/02/2023 4,716.09
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5299823039-6 12.22.22-1.23.235299823039-6 12.22.22-1.23.23 01/24/2023 01/24/2023 0.00 4,380.14 7317315093-6 12.22.22-1.23.237317315093-6 12.22.22-1.23.23 01/24/2023 01/24/2023 0.00 78.20 7368140966-7 12.21.22-1.22.237368140966-7 12.21.22-1.22.23 01/23/2023 01/23/2023 0.00 183.96 9132070691-3 12.22.22-1.23.239132070691-3 12.22.22-1.23.23 01/24/2023 01/24/2023 0.00 51.37 9307046200-2 12.22.22-1.23.239307046200-2 12.22.22-1.23.23 01/25/2023 01/25/2023 0.00 22.42 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
15,815.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 15,815.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 116767 ON CALL PLANNING SVCS 11.13.22 - 12.10.22 12/20/2022 12/20/2022 0.00 6,515.00 116787 4TH STREET IMPROVEMENTS OPIC 11.13.22-12.10.22 12/20/2022 12/20/2022 0.00 9,300.00 1133
Vendor Number

TYLER TECHNOLOGIES INC
Total Vendor Amount
1,504.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 1,504.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025-377930-2 INCODE BUSINESS LICENSE 10/19/2022 10/19/2022 0.00 1,504.00 1259
Vendor Number

VINCENTE MEDRANO
Total Vendor Amount

85.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 85.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FUEL FOR PATROL VEHICLE FUEL FOR PATROL VEHICLE #292 01/25/2023 01/25/2023 0.00 85.00 Bank: PY - Payroll Vendor Payables
1006
Vendor Number

ALLSTATE
Total Vendor Amount
217.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/02/2023 217.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000547 ALLSTATE 01/06/2023 01/06/2023 0.00 108.73
INV0000564 ALLSTATE 01/20/2023 01/20/2023 0.00 108.73

3.A.1
Attachment: Demand Register(s) of January 21, 2023 - February 09, 2023 (Demand Register(s) of January 21, 2023 - February 09, 2023.) Payment Register APPKT00314 - FOR AP 2/2/2023
2/2/2023 3:26:32 PM Page 5 of 6
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 41 29 0.00 548,818.32
Packet Totals: 41 29 0.00 548,818.32
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check21 0.00 217.46
Packet Totals:
21 0.00 217.46

3.A.1
Attachment: Demand Register(s) of January 21, 2023 - February 09, 2023 (Demand Register(s) of January 21, 2023 - February 09, 2023.) 2/8/2023 3:51:57 PM Page 1 of 7
Payment Register
City of Arvin APPKT00321 - FOR AP 2/8/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1003
Vendor Number
AFLAC
Total Vendor Amount

40.98 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 40.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 342036 SUPP INS JAN2023 02/01/2022 02/01/2022 0.00 40.98 1011
Vendor Number

ARVIN CHAMBER OF COMMERCE
Total Vendor Amount
150.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 150.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RECEIPT #37860 REIMBURSMENT OF $150 FOR CANCELLATION OF EVENT 02/07/2023 02/07/2023 0.00 150.00 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
8,156.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 8,156.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount WATER SERVICES 12.19.22-1.23.23 WATER SERVICES 12.19.22-1.23.23 02/06/2023 02/06/2023 0.00 8,156.43 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
402.59
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 402.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X01282023 PW + COMM DEV + CH CELL PHONES 12.23.22-1.22.23 01/22/2023 01/22/2023 0.00 402.59 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
4,340.93
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 4,340.93
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 145591 ARVIN PLANNING COMMISSION - ENVIRONMENTAL JUSTICE 01/12/2023 01/12/2023 0.00 765.01 145597 PUBLIC HEARING - COMMERCIAL CANNABIS 744 S DERBY 01/12/2023 01/12/2023 0.00 943.39 147261 PUBLIC HEARING - UNMET TRANSIT NEEDS 01/17/2023 01/17/2023 0.00 1,152.21 150273 PUBLIC HEARING- VANGUARD PROPERTY HOLDING PUD 01/23/2023 01/23/2023 0.00 507.04 153185 CITY OF ARVIN- RFP RATE STUDY SEWER OPERATIONS 01/31/2023 01/31/2023 0.00 195.28 153512 NOTICE OF PUBLIC HEARING - ENVIRONMENTAL JUSTICE 01/30/2022 01/30/2022 0.00 778.00 1292
Vendor Number

CANON FINANCIAL SERVICES INC
Total Vendor Amount
924.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 924.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 29845088 PRINTER LEASE FOR CH, FIN TRLR, & TRANSIT JAN2023 01/12/2023 01/12/2023 0.00 924.99 1138
Vendor Number

CECILIA VELA
Total Vendor Amount

40.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 40.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSMENT FOR KERN COUNTY FEE REIMBURSMENT FOR KERN COUNTY FEE/ FILING OF OATH 02/02/2023 02/02/2023 0.00 40.00

CIVICPLUS
Total Vendor Amount
1,134.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 1,134.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 252650 FULL SERVICE SUPPLEMENTATION SUBSCRIPTION 01/17/2023 01/17/2023 0.00 1,134.00 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

67.26 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 67.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 28426 VETERANS HALL RESTROOM & HALLWAY 01/30/2023 01/30/2023 0.00 50.18 466747 VETERANS HALL RESTROOM 01/24/2023 01/24/2023 0.00 17.08 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
13,601.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 10,081.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32671 AGREEMENT BLOCK RETAINER DELL 22 MONITOR 01/26/2023 01/26/2023 0.00 233.31 32746MS MICROSOFT 365 FOR BUSINESS FEBRUARY 2023 02/01/2023 02/01/2023 0.00 1,749.90 32747 AGREEMENT SERVICES FOR FEBRUARY 2023 02/08/2023 02/08/2023 0.00 8,098.67 Check 02/08/2023 3,520.10
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 33404939 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS FEB2023 02/06/2023 02/06/2023 0.00 3,520.10 1281
Vendor Number
EDWIN J. BROCK
Total Vendor Amount
595.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 595.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount E.BROCK 01.07.22 BROCK KC LAW ENF OFFICER ASSOC TRNG CONF FEB 2-4 01/07/2022 01/07/2022 0.00 260.00 E.BROCK 01.10.22 BROCK CA CHIEF'S ASSOC ANNUAL TRNG SYMP FEB 7-10 01/10/2022 01/10/2022 0.00 335.00 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
360.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 360.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0140 ARVIN PD FLEET WASH 1.31.23 01/31/2023 01/31/2023 0.00 360.00 1406
Vendor Number

FASTRIP FOOD STORE
Total Vendor Amount
1,305.27
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 1,305.27
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FUEL CHARGERS FOR JAN2023 FUEL CHARGERS FOR JAN2023 02/08/2023 02/08/2023 0.00 1,305.27 1062
Vendor Number
FEDEX
Total Vendor Amount

40.33 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 40.33
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-020-78318 SHIPPING SVCS 1.25.23 01/27/2023 01/27/2023 0.00 40.33

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
8,220.61
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 8,220.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FUEL USAGE JANUARY 2023 FUEL USAGE JANUARY 2023 01/31/2023 01/31/2023 0.00 8,220.61 1158
Vendor Number

INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS
Total Vendor Amount
185.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 185.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount C.VELA MEMBERSHIP FEE 03.31.23 C.VELA MEMBERSHIP FEE 03.31.23 THRU 03.31.24 02/02/2023 02/02/2023 0.00 185.00 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
394.61
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 394.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8002 UNIT #292 REPLACE REAR DISC PADS 01/27/2023 01/27/2023 0.00 394.61 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
2,788.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 2,788.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14000260 UNIT 110 45 DAY INSPECTION 01/09/2023 01/09/2023 0.00 491.88 14000261 UNIT 209 45 DAY INSPECTION 01/09/2023 01/09/2023 0.00 736.67 14000262 UNIT 211 45 DAY INSPECTION 01/09/2023 01/09/2023 0.00 733.30 14000276 UNIT 207-EV 45 DAY INSPECTION 01/09/2023 01/09/2023 0.00 276.03 14000278 45 DAY INSPECTION UNIT #203-EV 01/09/2023 01/09/2023 0.00 331.03 14000288 UNIT 205-EV 45 DAY INSPECTION 01/10/2023 01/10/2023 0.00 220.00 1545
Vendor Number

METRO COM INC
Total Vendor Amount

40.25 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 40.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #R00001148 OVERPAYMENT OF $40.25 FOR BUSINESS LICENSE 02/06/2023 02/06/2023 0.00 40.25 1541
Vendor Number

MISSIONSQUARE PLAN SERVICES
Total Vendor Amount
1,447.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 1,447.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000576 457 Contributions 02/03/2023 02/03/2023 0.00 1,438.00 INV0000577 457 Loan Repayment 02/03/2023 02/03/2023 0.00 9.96 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 214.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 694247 BIN RENT AND 4 YD ROLL OFF FEB2023 02/01/2023 02/01/2023 0.00 214.18 1199
Vendor Number

MUNISERVICES / AVENU
Total Vendor Amount

27.57 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 27.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV06-015800 SUTA SERVICES TAX QRT ENDING SEP 30, 2022 01/20/2023 01/20/2023 0.00 27.57

PACIFIC TIRE ARVIN
Total Vendor Amount

61.23 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 61.23
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32265 SWAP TIRE 18" UNIT #292 01/24/2023 01/24/2023 0.00 36.23 32318 CHECK WHEEL ON CHIEFS VEHICLE 02/02/2023 02/02/2023 0.00 25.00 1108
Vendor Number
PG & E
Total Vendor Amount
270.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 270.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8440977428-2 12.31.22-1.31.238440977428-2 12.31.22-1.31.23 01/31/2023 01/31/2023 0.00 270.43 1119
Vendor Number

SAN JOAQUIN VALLEY APCD
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount S-3031-1-1 CASE NUMBER S23-0028 CIVIL PENALTY PAYMENT 02/01/2023 02/01/2023 0.00 450.00 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
4,708.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 4,708.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 12.27.22-1.25.23 SERVICES 12.27.22-1.25.23 01/27/2023 01/27/2023 0.00 4,708.88 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,660.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 1,660.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES JANUARY 2023 UNIFORM SERVICES JANUARY 2023 02/07/2023 02/07/2023 0.00 1,660.50 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 803409 ARVIN ADOBE COMPLEX FIRE MONITORING FEB 2023 02/01/2023 02/01/2023 0.00 55.00 1472
Vendor Number

ULINE , INC
Total Vendor Amount
411.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 411.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 158650919 POLYTUBING DISPENSER 6" & 12" 01/12/2023 01/12/2023 0.00 411.83 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
285.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 285.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5023522061 COMM DEV LEASE 01.12.23-02.11.23 02/07/2023 02/07/2023 0.00 285.91

ARVIN POLICE OFFICERS
Total Vendor Amount
800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000579 APOA Dues 02/03/2023 02/03/2023 0.00 800.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
926.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 926.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000580 SEIU Dues 02/03/2023 02/03/2023 0.00 47.00
INV0000581 SEIU Dues 02/03/2023 02/03/2023 0.00 879.31
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000584 ALEX GHAZARIAN 02/03/2023 03/15/2023 0.00 300.00 1456
Vendor Number

KERN COUNTY SHERIFF
Total Vendor Amount
416.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/08/2023 416.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000583 C# BCL-21-012888, F#22-02218, RICARDO MADRIGAL 02/03/2023 03/15/2023 0.00 416.78

3.A.1
Attachment: Demand Register(s) of January 21, 2023 - February 09, 2023 (Demand Register(s) of January 21, 2023 - February 09, 2023.) Payment Register APPKT00321 - FOR AP 2/8/2023
2/8/2023 3:51:57 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 47 31 0.00 52,382.63
Packet Totals: 47 31 0.00 52,382.63
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check54 0.00 2,443.09
Packet Totals:
54 0.00 2,443.09

3.A.1
Attachment: Demand Register(s) of January 21, 2023 - February 09, 2023 (Demand Register(s) of January 21, 2023 - February 09, 2023.)

3.B.1
Attachment: Payroll Register(s) of Febuary 03, 2023 (Payroll Register(s) of February 03, 2023.)

3.B.1
Attachment: Payroll Register(s) of Febuary 03, 2023 (Payroll Register(s) of February 03, 2023.) Arvin City Council Meeting Minutes – January 10, 2023

Page 1 of 4 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
JANUARY 10, 2023
CALL TO ORDER @ 6:02PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: All present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Horton Second MPT Borelli Vote 5-0

3. ADMINISTERING OF OATH OF OFFICE
A. Administering of Oath of Office of Incoming Council. (City Clerk) B. Comments by Incoming Council.

Council Members Susana Reyes and Juan Murillo were sworn in by the City Clerk.

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of December 10, 2022 – January 06, 2023.

B. Approval of Payroll Register(s) of December 09, 2022; December 23, 2022; and January 06, 2023.

C. Approval of the Minutes of the Regular Meeting of December 13, 2022.

D. Approval of A Resolution of the City Council of the City of Arvin Authorizing the Submittal of A Grant Application to the San Joaquin Valley Air Pollution Control District for the "Public Benefit" Program to Fund the Purchase of (7)

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 10, 2023 (Minutes of the Regular Meeting(s) of January 10, 2023 and Arvin City Council Meeting Minutes – January 10, 2023

Page 2 of 4 ends

2023 Ford Interceptor Hybrid Vehicles for Law Enforcement and Authorizing the City Manager to Execute All Related "Public Benefit" Program Documents; and Authorizing Related Action.

Resolution No. 2023-01
E. Approval and Adoption of the Emergency Services Management Director / Deputy Chief Classification, Job Description, and Salary Schedule.

F. Approval of A Resolution of the City Council of the City of Arvin Authorizing the Submittal of A Financial Assistance Application to the State Water Resources Control Board for Planning, Design, Construction and Repair of the City of Arvin Wastewater Treatment Pond Number 3 Improvements, and Authorizing Related Actions.

Resolution No. 2023-02
G. Approval of A Resolution of the City Council of the City of Arvin Approving Red Curb Marking for City Bus Stop Located on South Side of Varsity Road As A No Parking Zone.

Resolution No. 2023-03
H. Approval of An Agreement (Non-Fiscal Memorandum of Understanding) with CivicWell for Hosting CivicSpark Fellows for Fiscal Year 2022-2023.

Agreement No. 2023-01
Staff recommends approval of the Consent Agenda.

Motion to approve Consent Agenda Items 4A – 4H.

Motion CM Horton Second MPT Borreli Vote 5-0

5. ACTION ITEM(S)
A. Appointment by the Mayor of A Council Member to Serve as the Alternate Board Member to the City Selection Committee. (City Clerk) Staff recommends the Mayor appoint an Alternate Board Member to the City Selection Committee.

Mayor Trujillo appointed Councilmember Susana Reyes to serve as the Alternate Board Member to the City Selection Committee.

B. Consideration and Approval for Purchase of Two (2) Police Canines, Program Startup Costs and Payment for Handler Courses for the Arvin Police Department. (Acting Chief Ghazalpour)
Staff recommends the Council authorize the City Manager to purchase two (2) police canines and provide payment for the program startup costs and the basic handler’s courses from Adlerhorst International LLC.

Page 3 of 4 ends

Motion to authorize the City Manager to purchase two (2) police canines and provide payment for the program startup costs and the basic handler’s courses from Adlerhorst International LLC.

Motion CM Horton Second MPT Borreli Vote 5-0
C. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

No motion and no action taken on above Action Item 5C.

6. SUCCESSOR AGENCY ACTION ITEM(S)
A. A Resolution of the Board of Directors of the of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency, Approving and Adopting A Recognized Obligation Payment Schedule Covering the Period of July 1, 2023 through June 30, 20234, Pursuant to Health and Safety Code Section 34177(l) and (o). (City Manager / Executive Director)
Staff recommends approval of the Resolution.

Motion to approve the Resolution of the Board of Directors of the of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency, Approving and Adopting A Recognized Obligation Payment Schedule Covering the Period of July 1, 2023 through June 30, 2024, Pursuant to Health and Safety Code Section 34177(l) and (o).

Motion CM Reyes Second MPT Borreli Vote 5-0
Resolution No. 2023-04

7. ELECTION OF VICE MAYOR
Mayor Olivia Trujillo nominated Mayor Pro Tem Daniel Borreli.

Mayor Pro Tem Daniel Borreli nominated Mayor Pro Tem Daniel Borreli (self).

Vote 5-0
Daniel Borreli is appointed to serve as the Mayor Pro Tem (Vice Mayor).

8. DISCUSSION ITEM(S)
A. Discussion of Room Availability at the Arvin Community Center/Senior Center (City Manager).

9. STAFF REPORTS
A. Monthly Financial Report – December 2022 (City Manager)

Page 4 of 4 ends

10. COUNCIL MEMBER COMMENTS

11. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, §54957(a).)
Consultation with: City Attorney and/or City Emergency or Critical Function Personnel. (one item)
B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (six potential cases)
CLOSED SESSION REPORT BY CITY ATTORNEY:

All items were discussed. No reportable action for both Closed Session Agenda Items 11A and 11B.

12. ADJOURNED @ 7:50PM
Respectfully submitted,
Cecilia Vela, City Clerk

Page 1 of 2 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
JANUARY 24, 2023
CALL TO ORDER @ 6:01PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: All present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Horton Second CM Reyes Vote 4-0

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of January 07, 2023 – January 20, 2023.

B. Approval of Payroll Register(s) of January 20, 2023.

C. Approval of A Proclamation Proclaiming February 2023 as Safe Surrendered Baby Awareness Month.

Staff recommends approval of the Consent Agenda.

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

Motion CM Horton Second CM Murillo Vote 4-0

4. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin Establishing An Ad Hoc City Council Committee Regarding City Facilities. (City Manager)

3.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 24, 2023 (Minutes of the Regular Meeting(s) of January 10, 2023 and Arvin City Council Meeting Minutes – January 24, 2023

Page 2 of 2 ends

Staff recommends the approval of the Resolution.

Motion to approve the Resolution.

Motion CM Reyes Second CM Horton Vote 4-0
Resolution No. 2023-05
Mayor Olivia Trujillo appointed Councilmember Donny Horton and Councilmember Susana Reyes to serve on the Ad Hoc City Council Committee Regarding City Facilities.

B. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

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

5. STAFF REPORTS
A. Report – Transportation Data FY 2021-2022 (City Manager)

6. COUNCIL MEMBER COMMENTS

7. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, §54957(a).)
Consultation with: City Attorney and/or City Emergency or Critical Function Personnel. (one item)
B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (five potential cases)
CLOSED SESSION REPORT BY CITY ATTORNEY:

All items were discussed. No reportable action for both Closed Session Agenda Items 7A and 7B.

8. ADJOURNED @ 7:40PM
Respectfully submitted,
Cecilia Vela, City Clerk

3.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 24, 2023 (Minutes of the Regular Meeting(s) of January 10, 2023 and

CITY OF ARVIN
Staff Report
Meeting Date: February 14, 2023
TO: Arvin City Council
FROM: Oscar Fuentes, City Engineer
Jeff Jones, City Manager / Finance Director
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN,

CALIFORNIA, ACCEPTING THE WORK COMPLETED BY GRIFFITH

COMPANY AND FILING THE NOTICE OF COMPLETION FOR THE
CITY OF ARVIN FRANKLIN STREET RSTP IMPROVMENTS PROJECT.

BACKGROUND:

The City of Arvin solicited construction bids for the Franklin Street Improvement Project. The construction of the project is funded by RSTP and FHWA funds. The scope of the project was for street improvements between Stockton Ave. and Derby St. along Franklin St.

The project was advertised for bid on February 17, 2021, and bids were received on March 11, 2021. A total of six bids were received and Council awarded the project to Griffith Company on May 11, 2021, in the amount of $403,730.00.

Construction was completed on April 15, 2022, with three change orders for a total amount of $582,963.54. The contractor has provided a certificate of warranty which shall commence at the time of acceptance of the work by the City Council for a period of one year and shall cover the cost to repair or replace any defective or improperly installed improvements upon written notification by the City Engineer.

STAFF RECOMMENDATION:

Staff recommends that the Council approve the attached Resolution:

1. Accepting the work performed by Griffith Company for Franklin Street Improvements as complete.

2. Approving the final contract amount of $582,963.54.

3. Authorizing the City Manager to execute the Notice of Completion and the City Clerk to file the Notice of Completion within 15 days of acceptance.

4. Authorizing the release of the 5% retention to Griffith Company 35 days after the filing of the Notice of Completion if no pending claims or liens are timely filed.

FINANCIAL IMPACT:

The allocation of funds was approved during the May 11, 2021 Council meeting for the Franklin Street Improvements in the amount of $403,730.00. The total authorized bid amount for the construction of the project was $383,543.50 including a 5% contingency of $20,186.50. During construction phase, three changes orders were executed and approved. The three change orders

3.D.1
Attachment: Staff Report Franklin NOC 021423 (Notice of Completion - Franklin St Sidewalk Improvements Project) were necessary for this project, with a final budget amount of $582,963.54. A 5% retention in the amount of $29,148.18 remains.

ATTACHMENTS:

Resolution
Notice of Completion

3.D.1
Attachment: Staff Report Franklin NOC 021423 (Notice of Completion - Franklin St Sidewalk Improvements Project)

Page 1 of 2 ends

Reso Accepting work completed by Griffith Company and Filing Notice of Completion for Franklin St RSTP Improvements Project.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ACCEPTING THE WORK COMPLETED BY GRIFFITH COMPANY

AND FILING THE NOTICE OF COMPLETION FOR THE CITY OF
ARVIN FRANKLIN STREET RSTP IMPROVEMENTS PROJECT.

WHEREAS, the City of Arvin desired to construct street improvements along Franklin Street between Stockton Ave and Derby St.

WHEREAS, the project was awarded to Griffith Company on May 11, 2021 in the amount of $403,730.00; and
WHEREAS, three change orders were executed during this project; and

WHEREAS, the construction of the project was completed by Griffith Company on April 15, 2022; and
WHEREAS, the former City Engineer verified the completion of the project and the completion of paperwork is pending; and
WHEREAS, the Contractor has provided a warranty to cover the costs to repair or replace improvements that are defective or found to have been improperly installed for a period of one year; and
WHEREAS, said warranty shall take effect upon approval by the City Council of this resolution on the date of the applicable council meeting; and WHEREAS, the City desires to accept the Franklin Street Improvement Project as complete.

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

1. The City Council accepts the work performed by Griffith Company for the Franklin Street Improvement Project as complete.

2. The City Council approves an additional amount of $179,233.54. The total final project amount of $582,963.54.

3. The City Council authorizes the City Manager to execute the Notice of Completion and the City Clerk to file the Notice of Completion within 15 days of acceptance.

4. The City Manager is authorized to release the 5% retention Griffith Company 35 days after the filing of the Notice of Completion if no pending claims or liens are timely filed.

3.D.2
Attachment: Resolution Franklin NOC 021423 (Notice of Completion - Franklin St Sidewalk Improvements Project)

Page 2 of 2 ends

Reso Accepting work completed by Griffith Company and Filing Notice of Completion for Franklin St RSTP Improvements Project.

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 14th day February 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

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

3.D.2
Attachment: Resolution Franklin NOC 021423 (Notice of Completion - Franklin St Sidewalk Improvements Project) Recording Requested By:

For the benefit of the

CITY OF ARVIN
When Recorded Mail to:

City of Arvin
City Clerk
200 Campus Drive
Arvin, CA 93203

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is City of Arvin

3. The FULL ADDRESS of the OWNER is 200 Campus Drive, Arvin, CA 93203

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:

Names
N/A
Addresses
N/A

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names
N/A
Addresses
N/A

7. A work of improvement on the property hereinafter described was COMPLETED April 15, 2022

8. The work of improvement completed is described as follows: Franklin Street Sidewalk Improvements

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Griffith Company

10. The street address of said property is: Franklin Street between S. Derby St. and Stockton St.

11. The property on which said work of improvement was completed is in the City of Arvin County of Kern, State of California, and is described as follows:

Sidewalk, curb, gutter and street improvements on north and south side of Franklin Street between S. Derby Street and Stockton Street.

Date Jeff Jones, City Manager
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place Jeff Jones, City Manager
SUBSCRIBED AND SWORN TO before me on
Cecilia Vela, City Clerk Revised 9/22/2003

3.D.3
Attachment: Notice of Completion - Franklin St Improvements Project (Derby to Stockton) (Notice of Completion - Franklin St Sidewalk

CITY OF ARVIN
Staff Report
Meeting Date: February 14, 2023
TO: Arvin City Council
FROM: Megan Miller, Acting ACM/Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Approving the Sale of Vehicles and Equipment Declared as Surplus.

RECOMMENDATION
Staff recommends that the City Council declare the equipment listed below, titled as surplus items, as surplus and authorize its sale pursuant to the procedures set forth in Arvin Municipal Code section 3.08.110.

BACKGROUND
Arvin Municipal Code section 3.08.110 specifies that current department heads of the city shall submit reports showing surplus stock, materials, and equipment. When it is found by the City Council that such materials owned by the City are not needed for use by any city department, the Council may declare such materials as surplus and authorize the sale thereof and proceeds from any such sale shall be deposited into City treasury.

Removal of these items from the City’s Public Works yard and the City Hall complex would assist in providing additional space needed to store other items and with the general housekeeping and maintenance of the areas.

The following vehicles and equipment are to be sold as surplus in their current operational condition:

Unit Make and Model VIN # / Serial # License # Miles / Engine Hours 265 2010 Ford Crown Victoria B/W 2FABP7BVXAX113226 1294484 90,747 269 2011 Ford Crown Victoria B/W 2FABP7BV1BX152305 1406339 72,985 275 2006 Ford Crown Victoria B/W 2FAFP71W76X160118 1308509 144,228 271 2011 Ford Crown Victoria B/W 2FABP7BV5BX152324 1406340 50,270 276 2013 Ford Taurus White 1FAHP2M86DG152877 1308525 78,275 274 2006 Ford Crown Victoria B/W 2FAFP71W86X160094 1308508 144,379 279 2011 Ford Crown Victoria B/W 2FABP7BV1BX161506 1308527 87,747 824 2014 Grasshopper 930D2 64152677 N/A 1087.3
1000 Miscellaneous Tools & Toolboxes Lot N/A N/A N/A
If the City Council determines that these items are surplus and authorizes their sale, City intends to sell them at auction to the highest bidder.

FINANCIAL IMPACT
No financial impact. All proceeds to be deposited into city General Fund.

3.E.1
Attachment: Staff Report Declare Equipment as Surplus_021423 (Declaring Equipment as Surplus) Grasshopper Unit 265
Unit 269 Unit 275
Unit 271 Unit 276

3.E.1
Attachment: Staff Report Declare Equipment as Surplus_021423 (Declaring Equipment as Surplus) Unit 274 Unit 279
Miscellaneous Tools Lot

3.E.1
Attachment: Staff Report Declare Equipment as Surplus_021423 (Declaring Equipment as Surplus) Reso Approving Sale of Vehicles and Equipment Declared as Surplus - Feb 14, 2023

Page 1 of 2 ends

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING THE SALE OF EQUIPMENT DECLARED AS SURPLUS
WHEREAS, Arvin Municipal Code (AMC) Section 3.08.110 (Surplus property-Sale or other disposal) establishes a procedure to declare equipment surplus; and WHEREAS, AMC Section 3.08.110 (A) states that all department heads of the city shall submit to the city council at such times, and in such form as may be prescribed, reports showing stock, materials, equipment and any real property on hand not then in use in said department.

When a surplus of stock, materials, equipment, or real property exists in any department, the city council may transfer the same to any other department having a need for such stock or any portion thereof on approval of the city council or its designated official; and WHEREAS, AMC Section 3.08.110 (B) states, when it is found by the city council that stock, materials, equipment, or real property exists which is not needed for use by any city department, the city council may authorize the sale thereof, and the proceeds from any such sale or sales shall be deposited in the city treasury; and
WHEREAS, AMC Section 3.08.110 (C) states, upon the city council's finding and authorization of the sale of surplus stock, materials, equipment, or real property, the city manager may take whatever steps necessary to obtain the highest price in exchange for the sale of the surplus stock, materials, equipment, or real property. The determination of the highest price that will be most favorable to the city will be made by the city manager, within his/her sole discretion. The city manager may thereafter enter into and complete the sale of the surplus stock, materials, equipment, or real property on behalf of the city; and WHEREAS, the Public Works and Police Department vehicles and equipment are no longer in use and are surplus:

3.E.2
Attachment: Reso Declaring Equipment and Vehicles as Surplus_Police Vehicles and Public Works Equipment_021423 (Declaring Equipment Reso Approving Sale of Vehicles and Equipment Declared as Surplus - Feb 14, 2023

Page 2 of 2 ends

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

1. The above recitals are true and correct.

2. The City Council of the City of Arvin hereby declares the above-described vehicle is surplus and authorizes its sale by the city manager.

3. The City Council finds that this action is in the best interests of the City of Arvin.

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 14 th day of February 2023
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:

3.E.2
Attachment: Reso Declaring Equipment and Vehicles as Surplus_Police Vehicles and Public Works Equipment_021423 (Declaring Equipment

CITY OF ARVIN
Staff Report
Meeting Date: February 14, 2023
TO: ARVIN CITY COUNCIL
FROM: MEGAN MILLER, ACTING ACM/HUMAN & COMMUNITY RESOURCES MANAGER

JEFF JONES, CITY MANAGER / FINANCE DIRECTOR
SUBJECT: APPROVAL AND ADOPTION OF THE EMERGENCY SERVICES/DEPUTY CHIEF SCOPE OF

WORK, AND EMPLOYMENT AGREEMENT
BACKGROUND:

The Emergency Services Management Director/Deputy Chief classification was approved by the City Council on January 10, 2023. With that, the city desires to use the experience, specialized skills, and knowledge of Annuitant for a limited duration to provide services as an employee of the city. Annuitant desires to be employed by the City and is willing to do so under the terms and conditions set forth in the attached agreement. The City Manager has identified and appointed a CalPERS Retired Annuitant to complete the projects within the Emergency Services/Deputy Chief scope of work.

Scope of work and employment agreement are for a CalPERS Retired Annuitant, Extra Help, Limited Duration and in accordance with Government Code §§ 21224 and 7522.56.

STAFF RECOMMENDATION:

Approval and adoption of the Emergency Services/Deputy Chief scope of work, and corresponding employment agreement.

FINANCIAL IMPACT:

Cost not to exceed $64,000.00, funded via general fund.

ATTACHMENTS:

Attachment 1: Emergency Services/Deputy Chief Scope of Work Attachment 2: Emergency Services/Deputy Chief Employment Agreement

3.F.1
Attachment: ESDC Staff Report 21423 [Revision 1] (Approval of the Emergency Services/Deputy Chief Scope of Work and Employment

EMPLOYMENT AGREEMENT
(Pursuant to California Government Code §§ 21224 and 7522.56) This Retired Annuitant Employment Agreement (“AGREEMENT”) is made and entered into between the City Arvin (“City”) and Brian Smith (“Annuitant”) in order to provide, in writing, the terms and conditions of employment for the position of Emergency Services/Deputy Chief the City and Annuitant are individually referred to as a “Party” and may be referred to collectively as the “Parties.”

RECITALS

1. The City has an immediate need for extra help to provide specialized skills in public safety on a temporary, limited duration, part-time basis; and

2. Retired Annuitant possesses the necessary specialized skills, and is competent and qualified to perform the services required by this Agreement; and

3. City seeks to engage Retired Annuitant on a temporary basis in an extra help capacity, and Retired Annuitant desires to accept employment in this capacity, in consideration of the terms, conditions and benefits set forth in this Agreement; and

4. This Agreement is in accordance with California Government Code Sections 7522.56 and 21224. Annuitant is a California Public Employees’ Retirement System (“CalPERS”) service retiree. Annuitant is agreeing to this post-service retirement appointment pursuant to the provisions of Government Code sections 21224 and 7522.56. The requirements of Government Code sections 21224 and 7522.56 are deemed incorporated into this AGREEMENT in full.

NOW THEREFORE, In consideration of this matter described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties of this Agreement agree as follows:

1. EMPLOYMENT. The City desires to use the experience, specialized skills, and knowledge of Annuitant for a limited duration to provide services as an employee of the City. Annuitant desires to be employed by the City and is willing to do so under the terms and conditions set forth in this AGREEMENT. Therefore, the City Manager appoints Annuitant to perform the duties of Emergency Services/Deputy Chief.

Annuitant acknowledges that he will be an at-will, exempt, temporary employee of City, and that he shall serve at the pleasure of the City Manager. Nothing in this Agreement is intended to, or does, confer upon Annuitant any right to any property interest in continued employment, or due process rights, including but not limited to a hearing before or after a decision by the City Manager to terminate his employment.

Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of City to terminate the services of Annuitant. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Annuitant to resign at any time from this position with City, subject only to the provisions set forth in paragraph 7 herein.

3.F.2
Attachment: ESDC Retired Annuitant Employment Agreement (Approval of the Emergency Services/Deputy Chief Scope of Work and

2. TERM OF EMPLOYMENT – Subject to earlier termination as provided for in this AGREEMENT, Annuitant shall be employed for a term beginning January 2023 and ending no later than December 2024, or earlier if all the special projects identified above are completed before the end date of the AGREEMENT.

3. SCOPE OF SERVICES – Annuitant agrees to perform the duties of Extra Help – Emergency Services/Deputy Chief as set forth in the attached scope of work. Annuitant will report to the City Manager or designee, and shall comply with all City rules, policies, guidelines, regulations, and laws.

4. REASONABLE TIME AND EFFORT – During Annuitant’s employment, Annuitant shall devote such time, interest and effort to the performance of Annuitant’s duties under this AGREEMENT as may be fairly and reasonably necessary. In no event shall Annuitant work more than 960 hours for the City and any other CalPERS contracting agency combined in a fiscal year (July 1-June 30).

5. COMPENSATION AND BENEFITS – City agrees to compensate Annuitant at $65.00 per hour for all services provided under this Agreement. Payments from City to Annuitant shall be made during the normal payroll cycles of other City employees.

City has reviewed and compared the hourly rate set forth in this Section with other employees performing comparable duties and the hourly rate set forth in this Section does not exceed such other employee's compensation.

Annuitant agrees and acknowledges that he shall not perform any services under this Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to June 30) inclusive of any hours worked during the same period for other CalPERS employers as a retired annuitant. Annuitant shall record her hours on a pre-approved timesheet that shall be submitted to the City every week. The Parties agree that City has no way of monitoring the hours that Annuitant works for another CalPERS employer. As such, it is Annuitant's responsibility to ensure that the total hours worked for City and any other CalPERS employer do not exceed 960 hours during the fiscal year.

The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per week. The City, through the City Manager or designee, will assign Annuitant hours to work. Due to the nature of the position, it is understood that the workday and work week hours may vary, however Annuitant shall not work overtime (i.e. in excess of 40 hours per week) as payment of overtime is prohibited under Government Code Section 7522.56.

Annuitant understands and agrees that there are no other benefits, incentives, compensation in lieu of benefits or other forms of compensation in addition to the hourly pay rate set forth in this Section. Annuitant is not a member of any bargaining unit nor covered by the terms of any memorandum of understanding between the City and any represented or unrepresented employees.

3.F.2
Attachment: ESDC Retired Annuitant Employment Agreement (Approval of the Emergency Services/Deputy Chief Scope of Work and

6. INDEMNIFICATION BY EMPLOYER – Subject to the provisions of, and as required by, Government Code sections 825, 995.2, and all other statutory/case law conditions precedent to provision of defense and/or indemnification, the City shall indemnify and hold Annuitant harmless for any acts or decisions made by Annuitant in the course and scope of employment.

Said duty to defend, indemnify and save harmless shall include, without limitation, any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, that is asserted by a third-party other than the City and arises out of an alleged act or omission occurring in the performance of Annuitant’s duties or resulting from his exercise of judgment or discretion in connection with the performance of his duties or responsibilities, unless the act or omission involved Annuitant’s criminal act, or willful or wanton misconduct. Annuitant shall promptly give written notice of any claim, threatened claim or litigation. Provided that prompt written notice is given, Annuitant may request, and the City shall not unreasonably refuse to provide independent legal representation with legal counsel selected by City at City's expense. Legal representation, provided by City for Annuitant shall extend until a final determination of the legal action including all appeals brought by either Party, and will be provided under a reservation of rights to not pay any judgment, compromise or settlement if it is established by a judicial decision or jury verdict after completion of all appeals that the claim arose out of an act that fell outside the scope of Annuitant’s duties and employment or was the result of a criminal act, or willful or wanton misconduct of Annuitant. Any settlement or compromise of any claim must be made with prior approval of City, which approval shall not be unreasonably withheld or delayed in order for indemnification, as provided in this Section, to be available. Any duty of City to defend or indemnify Annuitant is contingent upon Annuitant’s full, open and honest cooperation with defense counsel for City and Annuitant. Said duties of defense, indemnity and cooperation shall survive the termination of employment under this Agreement

7. TERMINATION OF AGREEMENT – The City may terminate this AGREEMENT with or without cause at any time by providing written notice of such action to Annuitant. In such event, Annuitant has no right to appeal the termination of this AGREEMENT or Annuitant’s employment, in any forum. Annuitant also has the right to terminate this AGREEMENT and his employment at any time by providing written notice of such action to the City.

Annuitant acknowledges that he is an at-will, temporary employee of City who shall serve at the pleasure of the City Manager and shall be subject to termination from employment by the City Manager at any time, with or without advance notice or cause. The terms of City’s personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City personnel do not modify this agreement as to at-will status. Annuitant understands and agrees there is no property right in continued City employment, and there is no right to any pre- or post-deprivation administrative hearing or other due process upon termination of this Agreement.

3.F.2
Attachment: ESDC Retired Annuitant Employment Agreement (Approval of the Emergency Services/Deputy Chief Scope of Work and

8. IMPACT UPON CALPERS BENEFITS – At the time that this AGREEMENT is entered into, Government Code sections 21224 and 7522.56 allow a CalPERS retiree to perform work not to exceed a total of 960 hours in any fiscal year for all CalPERS contracting employers without being reinstated from retirement without loss or interruption of CalPERS retirement benefits, under certain circumstances. However, it is agreed and acknowledged by the Parties that in making this AGREEMENT, Annuitant will hold the City, its elected officials, officers, employees, agents, attorneys and assigns harmless in the event CalPERS or any other person or entity in any way challenges this AGREEMENT, including but not limited to, challenges to Annuitant’s entitlement to CalPERS’ benefits or seeks Annuitant’s reinstatement into active CalPERS membership and/or recovery of retirement benefits already paid. Annuitant shall indemnify and defend the City for the payment of any employee and employer contributions to CalPERS related to Annuitant’s post-retirement earnings, as well as for the payment of any administrative or other penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Annuitant shall not qualify for or become entitled to, and hereby agrees to waive any claims to, any compensation, benefit, or any incident of employment by the City, except for the hourly rate set forth above.

The City makes no representation, promises, guarantees, or warranties, express or implied, on the impact, if any, this Agreement may have on Annuitant’s California Public Employees’ Retirement System (“CalPERS”) retirement benefits, status, duties, or obligations. Annuitant acknowledges that in entering into this Agreement, he has not relied upon any representations by the City regarding the impact of this Agreement on his retirement benefits.

9. NOTICE. Notices required pursuant to this Agreement shall be given by personal service, U.S. Postal Service prepaid first class mail, or traceable overnight delivery service (e.g.

FedEx or equivalent) addressed as follows:

CITY:

City of Arvin
Attention: City Manager
200 Campus Drive
Arvin, CA 93203
ANNUITANT:

Brian Smith
Address set forth in Employee's Personnel File

10. MISCELLANEOUS
a. By signing this agreement Annuitant is certifying that Annuitant has not received unemployment insurance payments within the past 12 months arising from work performed as a retiree for any public employer.
b. Annuitant has read each and every part of this Agreement and Annuitant freely and voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions.

3.F.2
Attachment: ESDC Retired Annuitant Employment Agreement (Approval of the Emergency Services/Deputy Chief Scope of Work and c. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
d. This Agreement, including the exhibits, represents the entire and integrated agreement between City and Annuitant and supersedes all prior negotiations, representations, or agreements, either written or oral. e. This Agreement may be executed in any number of counterparts. Any such counterpart when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same agreement. f. This Agreement will be construed in accordance with and governed by the laws in the State of California. In the event that suit shall be brought by any of the parties, the parties agree that venue shall be in the Superior Court of the County of Kern.

Annuitant shall comply with all applicable laws, rules, policies, and guidelines.

Annuitant agrees and acknowledges that the State of California and the governing body of the California Public Employees’ Retirement System enact strict laws, regulations and guidelines relating to services provided by “retired annuitants” to public agencies contracting with the California Public Employees’ Retirement System. Annuitant agrees to comply with all applicable laws, regulations and guidelines relating to the services provided under this Agreement g. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
h. This Agreement may not be amended or modified except in a written document signed by the appointee, approved by the City Council, and signed by City’s Mayor or authorized designee.

11. ADVICE OF COUNSEL – It is recommended by the City that prior to entering into this AGREEMENT, Annuitant first consult with legal counsel retained by Annuitant at Annuitant’s own expense, and that Annuitant thereby personally determine what, if any, impact this AGREEMENT and the performance of the services set forth in this AGREEMENT, will or may have upon Annuitant’s CalPERS retirement benefits. By signing this AGREEMENT, Annuitant is acknowledging that Annuitant understands the statutory and regulatory limitations on post-retirement work, that Annuitant is eligible for lawful post-retirement work, and will not exceed those limitations.

3.F.2
Attachment: ESDC Retired Annuitant Employment Agreement (Approval of the Emergency Services/Deputy Chief Scope of Work and

12. CITY MANAGER APPROVAL – This AGREEMENT shall be of no force and effect unless or until approved by the City Manager of the City.

EXECUTED ON THE DATES SET FORTH BELOW
Signatures:

By: ___________ By: ___________
Brian Smith Olivia Trujillo
Mayor
City of Arvin
Dated: _______________________________ Dated: ______________________________

3.F.2
Attachment: ESDC Retired Annuitant Employment Agreement (Approval of the Emergency Services/Deputy Chief Scope of Work and

CITY OF ARVIN

EMERGENCY SERVICES /DEPUTY CHIEF

SCOPE OF WORK
DEPARTMENT: POLICE DEPARTMENT
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED
GRADE: RETIRED ANNUITANT – EXTRA HELP

SCOPE OF WORK
The Emergency Services/Deputy Chief is designated as a Retired Annuitant – Extra Help, Limited Duration Appointment.

Project List is as Follows:

Emergency Management Program (ICS) – Resources Established, Connection to Kern OES, Manual & Training Program
Collision Investigation Manual & Training Program
Report Reconciliation & Review
Inservice Traffic Training Implementation
Community Policing Program Manual & Training Program

MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:

Education:

Equivalent to a four (4) year degree from an accredited college or university in criminal justice, law enforcement, police science, public or business administration or a related field.

Experience:

Ten (10) years of increasingly responsible law enforcement experience in all major phases of municipal police work including five (5) years of administrative or management responsibility at the rank of Lieutenant or above.

Other Requirements:
• Must be a United States citizen (including naturalization). • Valid California driver's license and satisfactory driving record. • Must be willing to work various shifts and holidays.
• Must not have been convicted of any misdemeanor or felony in this state or any other state or federal jurisdiction which carries a penalty of prohibiting ownership, possession, or control of a firearm (12021 (c) PC).

3.F.3
Attachment: Emergency Services Deputy Chief Scope of Work (Approval of the Emergency Services/Deputy Chief Scope of Work and Emergency Services/Deputy Chief

Page 2 of 2 ends

WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Work is performed primarily indoors in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. There may be some travel to different sites and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting and stooping in the performance of daily activities. While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.

RETIRED ANNUITANT
The position will be in full compliance with CalPERS retired annuitant guidelines and in accordance with California Public Employees Retirement Law. (Pursuant to California Government Code §§ 21224 and 7522.56)
Position is designated as a retired annuitant, extra help, limited duration position to include but not limited to: salary within range, will not exceed 960 hours in fiscal year, will not have any other benefits or compensation.

HISTORY
Approved by:

Date:

3.F.3
Attachment: Emergency Services Deputy Chief Scope of Work (Approval of the Emergency Services/Deputy Chief Scope of Work and

PROCLAMATION
Kern County Grand Jury Awareness Month – February 2023
WHEREAS, The Grand Jury is one of the oldest government institutions in our jurisprudence, devised to check the excesses of the English monarchy and to ensure the rights of the accused; and
WHEREAS, The California Constitution, adopted in 1879, provided “that a grand jury shall be drawn and summoned at least once a year in each county”; and WHEREAS, The California Grand Jury is an arm of the Superior Court; and WHEREAS, The Grand Jury acts as the public’s “watchdog” by investigating and reporting on affairs of local government and recommending ways local governments can be more efficient, effective, transparent, and accountable; and WHEREAS, The Kern County Grand Jury is a body of 19 citizens and is a diverse group of men and women with a wide range of backgrounds and interests; and WHEREAS, The Grand Jurors make a commitment to serve a minimum of 20 hours per week for a term of 12 months; and
WHEREAS, A new Grand Jury is impaneled in June of each year.

NOW, THEREFORE, The City Council of the City of Arvin, hereby proclaims the month of February 2023 as Kern County Grand Jury Awareness Month and encourages all citizens to consider volunteering for the Kern County Grand Jury.

In Witness Whereof, I have hereunto set my hand and caused to be affixed the seal of the City of Arvin, California, this 14th day of February 2023. _________________________________
Olivia Trujillo, Mayor
City of Arvin

3.G.1
Attachment: Proclamation Kern County Grand Jury Awareness Month Feb 2023_021423 (Proclamation Proclaiming Februrary 2023 as Kern

CITY OF ARVIN
Staff Report
Meeting Date: February 14, 2023
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of Revision of Terms to the Professional Services Agreement (Agreement No. 2022-29) between the City of Arvin and QK, Inc. Previously Approved by the City Council at the Regular Meeting of December 13, 2022, for the Development of Concept Plans, Construction Plans, and Bid Documents for the Kovacevich Park “Field of Dreams and Baseball Teams” Project.
.

BACKGROUND:

The City of Arvin was previously awarded funds from a Prop. 68 parks grant administered by the California Department of Parks Natural Resources Agency.

The City of Arvin City Council previously awarded a Professional Services Contract to QK Inc. on December 13, 2022, for $122,692. The bid met the RFP requirements and was determined to be complete and responsive.

The Arvin City Staff and Council determined that it would be appropriate to award an agreement to QK Inc. for its bid of $122,692. The project has pre-construction grant funds secured in the grant budget to cover the project development and pre-construction costs.

However, after further review, QK Inc. has requested revisions to the contract. City staff have reviewed and agree with these changes. The revisions are provided in the redlined version of the contract included as part of the agenda handouts. Agreement No. 2022-29 previously approved on December 13, 2022 will be replaced with the attached contract.

STAFF RECOMMENDATION:

Staff recommends approval of Revision of Terms to the Professional Services Agreement (Agreement No. 2022-29) between the City of Arvin and QK, Inc. Previously Approved by the City Council at the Regular Meeting of December 13, 2022, for the Development of Concept Plans, Construction Plans, and Bid Documents for the Kovacevich Park “Field of Dreams and Baseball Teams” Project.

FINANCIAL IMPACT:

No fiscal impact; the project is fully funded by a grant.

ATTACHMENTS:

Revised Professional Services Agreement No. 2022-29

3.H.1
Attachment: Staff Report Approving Revisions to QK PSA Agmt No. 2022-29_021423 (Approval of Revision of Terms to PSA with QK re

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
AGREEMENT NO. 2022-29

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

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
final data, reports, and deliverables as described in Attachment A no later than March 30, 20223, 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 BA).

3.1. Payment to Consultant to perform its Scope of Work is set forth in Attachment AB, 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;

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA

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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 AB 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 AB).

5.1. Attachment AB 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

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA

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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”, iIf 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.

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA

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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

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA

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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.

All drawings, specifications, reports, records, documents and other materials prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of such documents and materials.

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Consultant may retain copies of such documents for its own use and Consultant shall have an unrestricted right to use the concepts embodied therein. Any use of such completed documents by City for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant and the City shall indemnify the Consultant for all damages resulting therefrom. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

11.2. 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.

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,

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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 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

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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).

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 claim; 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

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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 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.

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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.

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.

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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 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
P.O. Box 36995800 California Avenue
Visalia, CA 93278 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.

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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.

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.

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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;

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
Quad Knopf, Inc., dba QK
a California Corporation
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 and Fee Schedule
Refer to QK Inc. Proposal Dated November 1, 2022 –
Scope of Services and Fee Estimate
Kovacevich Park Field of Dreams and Baseball Teams Project 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

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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 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

9.1.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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Kovacevich Park Field of Dreams and Baseball Teams Project City of Arvin Page 1 of 6
November 1, 2022

PROJECT UNDERSTANDING
The scope of services below is based on conversations that occurred about Kovacevich Park with QK and the City of Arvin (City), as well as emails from City staff. It is our understanding that the City would like to rehabilitate the existing baseball fields, play area, parking areas, and surrounding landscape that are specified in the City’s 2022 California Department of Parks and Recreation 2018 Parks Bond Act Grant application (see attached Kovacevich Park Preliminary Exhibit).

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. QK will, with the City’s input, produce improvement plans based on site amenity selection, play structure selection, site improvement cost estimates, specifications, and will provide bidding, construction for the improvements. Below are the proposed services based on the City’s grant application:

1. 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

2. 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

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

4. 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

5. 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

6. 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

7. Provide Topographic site survey
a. Survey park site
ATTACHMENT A 3.H.2
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November 1, 2022

APPROACH/SCOPE OF SERVICES
QK will design a Concept Plan for the park for review with City staff. Once the Concept Plan has been reviewed and any changes discussed, QK will move into the construction document phase preparing 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.

TASK 1.0 TOPOGRAPHIC SURVEY
QK will perform a field survey for the park. The topographic survey will be provided in such detail that the information will be used to establish existing footprint of the existing park features.

Combining GPS terrestrial surveying technologies, QK will perform a topographic survey of the area outlined in the attached exhibit. This survey will be referenced to stations providing elevation data in NAVD88 and comparisons will be provided to local or County datum if appropriate. Our scope of work will consist of the following elements:
 Spot elevations to determine contours.
 Pavement grades of ADA parking and 10 feet surrounding.  All above ground features including fences, buildings, power poles, signs, visible above ground utilities within the outlined area.
 Trees, noting diameter at breast height, and drip line for trees that have canopy within the specified area of survey.
 Post process field data and analyze accuracy and completeness of data.  Import topographic data into AutoCAD and reduce to a readable, 40 scale CAD drawing.  Create surface to show contours.
 Quality Assurance/Quality Management (QAQC) review of files by a professional land surveyor.

Deliverables:
 Topographic survey including points, planimetric data, and surface information in AutoCAD Civil 3D 2020 format
 One (1) PDF file of Survey at 1” = 40’ scale
TASK 2.0 PRELIMINARY DESIGN PLAN/CONCEPTUAL (30% COMPLETION) QK will prepare a Concept Plan that will show the layout of the park including the loop walking path, tot lot, basketball court, exercise stations, picnic tables, benches, and open turf play area. QK will meet with City staff to review the concept and make modifications before moving into the construction drawings.

Deliverables:
 One (1) meeting with Staff and notes from meeting
 One (1) conceptual design plan in PDF format
 One (1) Preliminary cost estimate in PDF format
TASK 3.0 CONSTRUCTION PLANS, SPECIFICATIONS & ESTIMATES (95%,100% COMPLETION) QK will prepare Construction Plans, Specifications, and Estimates (PS&E) for bidding. Based on the approved conceptual design and construction budget, QK will prepare complete construction documents as applicable in accordance with the local and State codes, standards, and specifications. QK plans to provide the construction documents to the City for review at the 95%, and 100% stages. Subsequent submittals will address comments from the previous submittal, and the previous markup will be provided.

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November 1, 2022
A draft set of plans and specifications will be submitted to City Staff for review and comment. The plans will include the following:
 Title sheet and general notes
 Demolition plans
 Grading and Drainage plans
 Parking plans
 Landscape and Irrigation plans
 Site Improvement plans
 Lighting and Electrical plans
Subtask 3.1 Landscape & Irrigation Plans
QK will provide construction-level design for the landscape and irrigation for the park. The planting will be a combination of turf and low water use planting to meet the requirements of MWELO. The design will also include the play equipment, exercise area, basketball court, benches, and picnic tables. Details and specifications to build the park will also be included in the set.

Deliverables:
 One (1), 24”x36” PDF of the 95% complete PS&E documents for City review and comment  One (1) meeting to review and discuss the 95% PS&E submittal  Revise PS&E documents based on comments from the City review  One (1), 24”x36” set of the 100% complete final PS&E documents  Submit one (1) original signed set of PS&E documents for reproduction by the City Subtask 3.2 Site Improvement Plans
The improvement plans will describe the site plan elements within the project including play equipment, safety surfacing for play, baseball field improvements, benches, tables, exercise equipment, loop trail, and concrete type and colors. The design will include details and specifications as required to build the project.

QK will also prepare a dimension/horizontal control plan that will locate features within the project boundaries. This plan will also provide enough information for ADA compliance review.

Deliverables:
 One (1), 24”x36” PDF of the 95% complete PS&E documents for City review and comment  One (1) meeting to review and discuss the 95% PS&E submittal  Revise PS&E documents based on comments from the City review  One (1), 24”x36” sets of the 100% complete final PS&E documents  Submit one (1) original signed set of PS&E documents for reproduction by the City Subtask 3.3 Civil Engineering Plans
QK will provide grading and drainage plans for the park in accordance with the City of Arvin standards.

Deliverables:
 One (1), 24”x36” PDF of the 95% complete PS&E documents for City review and comment  Revise PS&E documents based on comments from the City review  One (1), 24”x36” set of the 100% complete final PS&E documents  Submit one (1) original signed set of PS&E documents for reproduction by the City

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA City of Arvin Page 4 of 6
November 1, 2022
Subtask 3.4 CASp Review
QK will provide two CASp reviews of the project civil plans for compliance with ADA requirements under the CBC. QK will coordinate review with client and provide comments. QK will provide a letter from the CASp reviewer upon completion.

Deliverable:
 CASp Review Letter in PDF format
Subtask 3.5 Electrical & Lighting Plans
Under contract with QK, Rose Singe Eastham & Associates (RSE) will provide electrical design documents to support the renovation for the Kovacevich Park in accordance with the City of Arvin standards. Two (2) site visits are included in this scope of work. This task includes:
 Electrical Site Design
 Sports Lighting for Baseball Fields (Little League Level of Play)  Lighting/Power Design at Restrooms
 Energy Compliance Documents (Title 24)
 95% and 100% Design Packages
 Calculations
 Working Drawings
 Specifications
 Submittal Review
Deliverables:
 Energy Compliance Documents (Title 24)
 One (1), 24”x36” PDF of the 95% complete PS&E documents for City review and comment  Revise PS&E documents based on comments from the City review  One (1), 24”x36” set of the 100% complete final PS&E documents  Submit one (1) original signed set of PS&E documents for reproduction by the City TASK 4.0 BIDDING SUPPORT
QK will prepare the technical specifications for the project and a bid list to be used in the bid documents. The City will provide the most current edition of the City’s “front end” documents including, but not limited to, Notice to Contractors, Information for Bidders, bidding documents, General Provisions, agreement, etc. QK will provide a complete set of bid documents for the City’s use in advertising the project for bid, and an opinion of probable construction cost (OPCC) for the project.

QK will assist the City during the bidding process by conducting a virtual pre-bid meeting, reviewing and responding to questions and RFI’s submitted by contractors, and issuing addenda(s) as necessary. For estimating purposes, three (3) RFI’s and one (1) Addenda are included in the scope.

Deliverables:
 One (1), 24”x36” PDF of the Bid Document Package

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA City of Arvin Page 5 of 6
November 1, 2022
TASK 5.0 CONSTRUCTION SUPPORT (OPTIONAL SERVICE)
QK will attend the pre-construction meeting, as well as review and respond to contractor submittals. During construction, QK will coordinate with the contractor through progress photos, emails, and calls. Our proposal assumes that the City Arvin will be the lead on all Construction Management responsibilities. For estimating purposes, six (6) contractor submittals are included in the scope to be reviewed and one (1) final site visit.

SCHEDULE
QK will provide the above services in 90 business days. The schedule does not include time for City review.

Task Description Duration
(Business Days)

1.0 Topographic Survey 3 days

2.0 Conceptual Design (30% Completion) 10 days

3.0 Construction Plans, Specifications & Estimates (95% & 100% Completion) 45 days

4.0 Bidding Support 30 days

5.0 Construction Support (Optional Service) 5 days
Total Duration 90 days

FEE ESTIMATE
Task Description Fee Type Fee Amount

1.0 Topographic Survey Fixed Fee $33,500

2.0 Conceptual Design (30% Completion) Fixed Fee $11,200

3.0 Construction Plans, Specifications & Estimates (95% & 100% Completion)

3.1 Landscape & Irrigation Plans Fixed Fee $14,200

3.2 Site Improvement Plans Fixed Fee $9,500

3.3 Civil Engineering Plans Fixed Fee $15,450

3.4 CASp Review Fixed Fee $3,500

3.5 Electrical & Lighting Plans Fixed Fee $17,250

4.0 Bidding Support Fixed Fee $5,850
Total Fee Tasks 1.0 through 4.0 Only $110,450

5.0 Construction Support (Optional Service) T&M $11,850 Total Fee with Optional Task 5.0 $122,300
Notes:

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

2. All time-and-materials fees will be invoiced monthly based on the level of effort in terms of hours relative to our Charge Rate Schedule.

3. When a Task is set on a time-and-materials fee basis, it signifies that it is not possible to accurately predict the amount of work effort required typical of on-call type services. QK will work with the client to set expectations where applicable.

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

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

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

EXCLUSIONS AND ASSUMPTIONS
 QK assumes the City will provide as-built drawings of existing park and parking area.  Minimal meetings and coordination are planned. Any additional meetings and site visits can be held for $400 per meeting.
 Topographic survey will need to be completed prior to starting Task 2.0.  To complete the Topographic Survey task, State of California Prevailing Wage Rate will be used.  Subsurface utilities are excluded.

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA City of Arvin Page 6 of 6
November 1, 2022
 Utility research and coordination is excluded.
 Geotechnical report is excluded.
 Site renderings and 3-D drawings are excluded.
 As-built drawings are excluded.
 City will respond to comments within two (2) weeks of submittals.  Engineering Support during Construction is not included, but will be performed upon request on a T&M basis.

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA Charge Rate Schedule

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA 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

WWWWWWWWWWWW

WWWWWWWWWW
WWW

W WWWWWWW
WWWWWW
W W W
WWWW

W W W W W W W W W W W W W W W W W W
W
W
W
WW
W
W
W
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

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA November 1, 2022
Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Kovacevich Park Field of Dreams and Baseball Teams Project Dear Mr. Jones:

Thank you for the opportunity to propose on this park project. QK is pleased to offer our services to the City of Arvin for the Kovacevich Park Field of Dreams and Baseball Teams Project (Project). Having worked with the City of Arvin on previously successful park projects, we look forward to working with you again on this park rehabilitation for Arvin.

The following includes our project understanding, approach, and proposed schedule and fees for your review and consideration.

Thank you for the opportunity to propose on this project. If you have any questions or would like to discuss this proposal further, please contact Cathy Williams at [email protected] or (661) 616-2600. We look forward to working with you on this important project.

Sincerely,
Cathy Williams, PE Amber Aguayo
Branch Manager - Bakersfield CFO/COO
Enclosures: Scope of Services and Fee Estimate
Charge Rate Schedule
Kovacevich Park Preliminary Exhibit
cc: John McGee, QK, Tony Ignacio, QK
P220620
ti/jm/bw/cw/aa

3.H.2
Attachment: 2022-29 PSA QK, Inc for Dev of Concept Plans K. Park Field of Dreams_121322_Redlined (Approval of Revision of Terms to PSA

Page 1 of 8 ends

Staff Report – Vanguard Medical Appeal 02/14/2023

CITY OF ARVIN
Staff Report
Meeting Date: February 14, 2023
TO: Arvin City Council
FROM: Jake Raper, Contract Planner
Jeff Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Appeal by Vanguard Medical LLC’s authorized representative to Conditions of Approval relating to the imposition of the City of Arvin’s Traffic Impact Fees -PUD(SDP) 2022-1100BMB – Vanguard Medical LLC – APN 190-250-06- Arvin Planning Commission Resolution No. APC 2022-07 dated December 14, 2022.

BACKGROUND:

On December 14, 2022, the Planning Commission held a Special Meeting to conduct the public hearing for the Vanguard Medical project. At the public hearing Staff presented the report and recommended conditions of approval, which included the requirement to pay the Traffic Impact Fees. The Planning Commission opened the public hearing and provided the opportunity for all in attendance of the meeting to speak to the project’s potential conditional approval. No person in the audience nor the representative of the Vanguard Medical project objected to the proposed conditions of approval.

The City of Arvin Planning Commission on December 14, 2022, conditionally approved, Resolution No. APC 2022-07, PUD (SDP)2022-1100WBMB a site development permit for the construction of two (2) one story wood frame and stucco exterior medical office buildings to be located at 1100, 1110, 1120, and 1130 West Bear Mountain Boulevard, northwest corner of Bear Mountain Boulevard and Walnut Street.

STAFF REPORT OF PLANNING COMMISSION ACTION:

The Planning Commission adopted Resolution No. APC 2022-07 dated December 14, 2022, Attachment A – A Resolution of the Planning Commission of the City of Arvin approving, subject to conditions Exhibit A – Conditions of Approval, Exhibits B-1 through B-9; PDP (SDP) 2022-1100BMB, APN 190-250-06 (1.06 Acres) – 1100, 1110, 1120, and 1130 West Bear Mountain Boulevard, Development of two (2) one story wood frame and stucco medical office buildings with one building consisting of 1100 -Suite A (6,550 Square Feet); 1110 -Suite B (1,800 Square Feet); 1120 -Suite C (1,500) Square Feet and the other building; 1130 - Suite D (2,000 Square Feet with ingress and egress from the project site to Richard Street through APN 190-250-09 (.23 Acres) and accept and adopt Negative Declaration.

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Staff Report – Vanguard Medical Appeal 02/14/2023
APPLICANT APPEAL:

The applicant’s authorized representative on December 26, 2022, provided written, via email, Attachment B, Applicant Appeal to Conditions of Approval relating to the imposition of the City of Arvin’s Traffic Impact Fees. The City of Arvin Planning Commission on December 14, 2022, conditionally approved PUD (SDP)2022-1100WBMB.

The Planning Commission Conditions of Approval lists that Development Impact Fees are to be paid at the time of building permit issuance or prior to the issuance of the Certificate of Occupancy as shown below:
“The City of Arvin has established fees, referred to as Development Impact Fees, that will be imposed upon the proposed project and the fee will be collected at Building Permit Issuance.

The fees currently collected are Police, Sewer Connection, Traffic, and Parks. (Please note, that other fees may be established in the future by the City and if a new fee is established prior to the issuance of the building permit, the development may be subject any new fee adopted or adjustment to existing fees.) The amount of fee collected vary dependent upon the type of development. The City will not issue Building Permit(s) and/or issue a Certificate of Occupancy until the required fees are paid. [ (Email from Architect-11-29-2022)- The building under construction, 1110, 1120 & 1130 Bear Mountain Blvd is 9,850 sq ft And the unbuilt building, 1130 Bear Mtn is 1,976 sq ft, I would like to consider it 2,000 sq ft.]

CITY OF ARVIN
Community Development Department – Planning Division
141 Plumtree Drive, P.O. Box 548, Arvin, CA 93203
Phone (661) 854-2822 Fax (661) 854-2969
DEVELOPMENT IMPACT FEE ESTIMATE – CALCULATION FOR
VANGUARD MEDICAL DEVELOPMENT – REQUIRED PUD/SDP –
(1100 WEST BEAR MOUNTAIN BOULEVARD ) – APN 190-250-17
Consisting of 1.07 Acres – (PC OR CC RESO. NO. PENDING) Development Impact Fees: The new construction of (Vanguard Medical) buildings will require the payment of the most current City of Arvin Development Impact Fees at the time of building permit issuance. The proposed building, Suite A, B, and C consists of 9,850 square feet; Suite D is proposed as 2,00 square feet in the C-2-PUD Zone District 2018 Fee Schedule provides for the following:

FEE CALCULATION FOR VANGUARD MEDICAL IS AS FOLLOWS – October 28, 2022- JR (NOTE: THE

PROJECT HAS NOT RECEIVED THE PLANNING COMMISSION APPRVAL AS IS REQUIRED BY CHAPTER 17.60 SITE DEVELOPMENT PERMT AND CHAPTER 17.45 PLANNED URBAN DEVELOPMENT OVERLAY) MIXED USE BUILDING – Suites A,B, and C are under Construction, which is 9,800 Square Feet, per the Architect. Suite D, proposed later, is 2,000 Square Feet, per the Architect. .

Type of
Land Use

IMPACT FEE
Police (APN
190-250-17
– 1.07 Acres
Parks Sewer Traffic Schools Water
Commercial
Project Site:

4.A.1
Attachment: 1 CC Staff Report Vanguard Appeal PUD-SDP-2022-1100BMB_021423 (Public Hearing - Vanguard Medical Appeal)

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Staff Report – Vanguard Medical Appeal 02/14/2023
medical/dent
al offices
Suite A, B,
and C –
9,800 Sq. Ft
$350/acre NA $11,000/bldg.*
Note: $11,000
paid at Building
Permit Issuance
– JR
$7,874/1000
sq. ft.
9,800 Sq. Ft.

X $7,874.00
= $77,165.20
Contact the
School
Districts
Contact the
Arvin
Community
Services District
(661) 854-2127
Suite D –
2,000
Square
Footage of
building
area (Future
Construction
)
350.00 NA $7,874/1000
sq. ft.
2,000 Sq. Ft.

X $7,874.00
= $ 15,748.00
NOTE: Fess are adjustable and if an adjustment is made prior to the issuance of the building permit, the project shall be subject to the adjusted fee.

PUBLIC HEARING NOTICE AND 300 FOOT RADIUS NOTIFICATION:

As is required by Section 17.54.100 Hearing Notice and Section 17.54.130 Decisions – Granting or denial- Notice, the appeal hearing notice was published in the Bakersfield California on January 23, 2023, 10-days prior to the public hearing before City Council on February 14, 2023.

The public hearing notice was mailed to the property owner, the property owner’s representative, public agencies that provide services to the project, and to property owners within 300 feet as shown on the latest equalized assessment roll. (Note: Proof of Publication and Mailing List for the Appeal is on file at the City Clerk’s Office).

APPEAL ANALYSIS AND REVIEW SUBMITTED BY THE APPLICANT’S REPRESENTATIVE:

The applicant’s representative filed a written appeal, via email, Attachment B, on December 26, 2022, and the appeals fee of $500.00 was paid on December 27, 2022.

STAFF REVIEW AND RESPONSE TO THE BASIS OF APPEAL BY APPLICANT’S REPRESENTATIVE:

Applicant’s Statement: Our appeal is ONLY related to the condition of paying for the “Traffic Impact Fee”. We would like to request for the City of Arvin to waive the traffic impact fee. The reasons for our appeal are as follows:

Staff Review and Response: Acknowledged limit of appeal to the payment of Traffic Impact Fee and requesting City Council to waive the traffic impact fee.

Applicants’ Reason No. 1:

1.a We paid the building permit fee of $29,380.20 (without the traffic impact fee) at the time when the City issued us a building permit # BP21-0293 for our project on 12/2/2021.

4.A.1
Attachment: 1 CC Staff Report Vanguard Appeal PUD-SDP-2022-1100BMB_021423 (Public Hearing - Vanguard Medical Appeal)

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Staff Report – Vanguard Medical Appeal 02/14/2023

1.b If there was a mistake with the building permit fee, why it took more than 10 months and after two Senior Planners left, for the City to inform us that we would need to pay for the traffic impact fee?

1.c Our understanding about the City of Arvin’s rules, all the building permit fees MUST be paid at the time when the building permit is issued.

1.d We did abide to the rules by paying the required fees at the time when the building permit was issued to us.

Staff Review and Responses to Applicants’ Reason No. 1.:

1.a: Staff has verified that the building permit fee of $29,380.20 was paid without the payment of the Traffic Impact Fee.

1.b: Staff acknowledges that there was an error in not collecting the Traffic Impact Fee at building permit issuance. Staff’s errors in not collecting or advising the applicant that the Traffic Impact Fee is required, does not waive the requirement to pay the Traffic Impact Fee. It is unknown why the communication failed and why the applicant was not informed of the requirement to pay the Traffic Impact Fee by former Staff. Staff and the Applicant’s representative have had extensive email exchange regarding the payment of the required Traffic Impact Fee.

1.c: Staff concurs and acknowledges that the City’s policy is that the impact fees are to be paid at the time of building permit issuance. Also, State Law provides for the Development Impact Fee may be paid prior to the issuance of the Certificate of Occupancy. However, it is the City’s policy to collect the impact fee at building permit issuance. As noted in response 1.b there was an error in not collecting the Traffic Impact Fee at building permit issuance.

1.d: Staff Acknowledges that the applicant did comply with the payment of fees that they were advised to pay. Also, as noted in response 1.b Staff’s error in not collecting nor advising that the Traffic Impact Fee was due DOES NOT waive the requirement to pay the Traffic Impact Fees.

Applicants’ Reason No. 2: Based on the project’s initial study, our project will not create a significant transportation impact to the area; therefore, the traffic impact fee should not be accessed.

Staff Review and Responses to Applicants’ Reason No. 2.: Staff has reviewed and reverified that the Initial Study, Section 3.4.17 Transportation, did provide a brief traffic analysis, Attachment C. The applicants’ consultants in the preparation of the CEQA Analysis, Initial Study for the project, acknowledges that with the payment of “appropriate developer impact fees” the project is not expected to result in a significant transportation impact. The conclusion in the Initial Study, Section 3.4.17 supports the need for the payment of the City’s Traffic Impact Fee. With the payment of the Traffic Impact Fee, the project would not have a significant traffic impact. Therefore, the project is subject to the payment of the Traffic Impact Fees.

4.A.1
Attachment: 1 CC Staff Report Vanguard Appeal PUD-SDP-2022-1100BMB_021423 (Public Hearing - Vanguard Medical Appeal)

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Staff Report – Vanguard Medical Appeal 02/14/2023
“ Attachment C: Excerpt from Initial Study: “Impact #3.4.17a - Would the Project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
The existing roadways providing the main circulation in the vicinity of the Project include the following:

Bear Mountain Boulevard (State Route [SR] 223) is an east-west principal arterial that operates as a four-lane divided roadway through the City of Arvin and narrows to two lanes outside of Arvin. State Route (SR) 223 (Bear Mountain Boulevard) extends east from Interstate 5 (1-5) to SR 58 where it terminates. It provides access to the City of Arvin and is a truck route that connects the three primary corridors in the area, I- 5, SR 58 and SR 99.

Walnut Drive is a north-south collector with curb and gutter that exists from Sycamore Road to Nectarine Court and provides access to residential land uses in northern Arvin.

The Project proposed will construct a medical facility and general commercial businesses that will be used by current residents of Arvin. The Project is conveniently located in the City, and is intended to provide easy, close access to these businesses, which will help reduce the vehicle miles traveled (VMT) for residents to use these services. In addition, to reduce the impacts to the transportation services, the Project is required to pay appropriate developer impact fees. Therefore, the Project is not expected to result in a significant transportation impact.” (NOTE: Highlighted for emphasis by Staff identifies that the Environment Initial Study for the Vanguard Medical Center, Initial Study documents that the ‘appropriate developer impact fees” would be required.)
Applicants’ Reason No. 3: The Uniform Data System (UDS) Mapper is a publicly available mapping tool intended to help users better understand where federally funded health centers currently serve, where gaps in the safety net might exist, and which neighborhoods or regions might hold the highest priorities for health center expansion. According to the recent UDS Mapper data (2016-2020), the City of Arvin has a total population of 22,546, of which 15,605 of them are considered low income according to the federal poverty guidelines. Based on the 2021 data, the Health Center Penetration (services provided by Clinical Sierra Vista and Omni Family Health) of low-income in the City of Arvin was only 55% while the Health Center Penetration of total population only reached 38%. Our primary care (including Chiropractic & walk-ins) and after-hours services are really needed by the community of Arvin to fill the gaps in healthcare services provided by the existing health centers in the proximity area. We will open our services seven days a week: Monday to Friday – 8am to 7pm and Saturday & Sunday – 9am to 3pm. We will be partnering with other companies to bring radiology and laboratory services on site. Our goal is to bring other health services into our property and minimizing or eliminating the need for Arvin community members to travel to Bakersfield to seek for their health care needs. We want to continue maintaining our collaboration with the City of Arvin by serving the healthcare needs of its community members for many years to come.

4.A.1
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Staff Report – Vanguard Medical Appeal 02/14/2023
Staff Review and Responses to Applicants’ Reason No. 3.: Staff does welcome the Vanguard Medical Clinic and providing needed services to the community. However, the City of Arvin does not waive impact fees for any development other that those exempted by City Policy.

Exempted from development impact fees generally include governmental facilities.

Summary and Conclusion of Appeal as Submitted by the Applicant: Staff provided a detailed response to the reasoning and justification by the applicant in the appeal requesting waiver of the Traffic Impact Fee imposed as a condition of approval as recommended by Staff and imposed as a condition of approval by the Planning Commission.

It was unfortunate that former staff did not communicate that the traffic impact fee is required per City requirements for any new development and that all the adopted impact fees were not disclosed. It was also unfortunate that the application was not processed in compliance with Title 17 Zoning Code until late in the construction of the buildings. However, these miscommunications do not waive required fees. Staff did advise the applicant’s representative of the City Council’s resolution permitting the City Manager to enter into an agreement for deferment of development impact fees. The applicant did not pursue the potential deferment agreement as disclosed by Staff.

Based upon Staff’s review and responses, Staff is recommending the City Council affirm the Planning Commission’s Conditional Approval and deny the applicant’s appeal to waive the payment of the Traffic Impact Fee.

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 to Affirm the Planning Commission’s Action and Uphold the Imposition of the Condition Requiring the Payment of the Traffic Impact Fee – PUD (SDP) 1100BMB-Vanguard per Resolution No. APC 2022-07 dated December 14, 2022.

FINANCIAL IMPACT:

The City of Arvin has established fees, referred to as Development Impact Fees, that will be imposed upon all new development within the City and imposed on the proposed project and the fee will collected at Building Permit Issuance. The fees currently collected are Police, Sewer Connection, Traffic, and Parks. The amount of fee collected vary dependent upon the type of development. The Vanguard Medical Facility development, 9,800 square feet, is under construction and the payment of the Traffic Impact Fee is calculated to be $77,165.20. The future building as shown on the Site Plan is 2,000 square feet and the Traffic Impact Fee is calculated to be $15,748.00. The waiver of the Traffic Impact Fee for this project would result in a loss of $92,913.20 in revenue to assist in payment of identified circulation and traffic control improvements. In addition, the waiver of the Traffic Impact Fee would have a negative effect to the general fund.

4.A.1
Attachment: 1 CC Staff Report Vanguard Appeal PUD-SDP-2022-1100BMB_021423 (Public Hearing - Vanguard Medical Appeal)

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Staff Report – Vanguard Medical Appeal 02/14/2023

CITY OF ARVIN
Community Development Department – Planning Division
141 Plumtree Drive, P.O. Box 548, Arvin, CA 93203
Phone (661) 854-2822 Fax (661) 854-2969
DEVELOPOMENT IMPACT FEE ESTIMATE – CALCULATION FOR VANGUARD MEDICAL DEVELOPMENT – REQUIRED PUD/SDP – (1100 WEST BEAR MOUNTAIN BOULEVARD) – APN 190-250-17 Consisting of 1.07 Acres – (PC OR CC RESO. NO. PENDING)
Development Impact Fees: The new construction of (Vanguard Medical) buildings will require the payment of the most current City of Arvin Development Impact Fees at the time of building permit issuance. The proposed building, Suite A, B, and C consists of 9,850 square feet; Suite D is proposed as 2,00 square feet in the C-2-PUD Zone District 2018 Fee Schedule provides for the following:

FEE CALCULATION FOR VANGUARD MEDICAL IS AS FOLLOWS – October 28, 2022- JR (NOTE: THE

PROJECT HAS NOT RECEIVED THE PLANNING COMMISSION APPRVAL AS IS REQUIRED BY CHAPTER 17.60 SITE DEVELOPMENT PERMT AND CHAPTER 17.45 PLANNED URBAN DEVELOPMENT OVERLAY) MIXED USE BUILDING – Suites A,B, and C are under Construction which is 9,800 Square Feet, per the Architect. Suite D, proposed later, is 2,000 Square Feet, per the Architect. .

Type of Land
Use

IMPACT FEE
Police (APN
190-250-17 –

1.07 Acres
Parks Sewer Traffic Schools Water
Commercial
Project Site:

1.07 Acres
Refer to
Development
Impact Fee
Report
Refer to
Development
Impact Fee
Report
Refer to
Development
Impact Fee
Report
Refer to
Developmen
t Impact Fee
Report
Contact
Arvin Union
School
District
(661)854-
6500
Contact Arvin
Community
Services
District (661)
854-2127
medical/dental
offices
Suite A, B,
and C – 9,800
Sq. Ft
$350/acre NA $11,000/bldg.
*
Note:
$11,000 paid
at Building
Permit
Issuance – JR
$7,874/1000
sq. ft.
9,800 Sq. Ft.

X $7,874.00
=
$77,165.20
Contact the
School
Districts
Contact the
Arvin
Community
Services
District (661)
854-2127
Suite D –
2,000 Square
Footage of
building area
(Future
Construction)
350.00 NA $7,874/1000
sq. ft.
2,000 Sq.

Ft. X
$7,874.00 =
$15,748.00
NOTE: Fess are adjustable and if an adjustment is made prior to the issuance of the building permit, the project shall be subject to the adjusted fee.

EXHIBITS:

4.A.1
Attachment: 1 CC Staff Report Vanguard Appeal PUD-SDP-2022-1100BMB_021423 (Public Hearing - Vanguard Medical Appeal)

Page 8 of 8 ends

Staff Report – Vanguard Medical Appeal 02/14/2023
ATTACHMENTS:

A. Planning Commission Resolution No. APC 2022-07 Dated December 14, 2022, and Supporting Documents.

B. Applicants Appeal Dated December 26, 2022
C. Excerpt from Initial Study, Section 3.4.17 Transportation NOTE: Public Hearing Notice and Mailing List is on file at the City Clerk’s Office.

4.A.1
Attachment: 1 CC Staff Report Vanguard Appeal PUD-SDP-2022-1100BMB_021423 (Public Hearing - Vanguard Medical Appeal)

Page 1 of 3 ends

Reso CC Affirms Planning Commission Action – Rejects Appeal for Waiver of Traffic Impact Fees RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO AFFIRM THE PLANNING COMMISSION’S ACTION AND UPHOLD THE

IMPOSITION OF THE CONDITION REQUIRING THE PAYMENT OF
THE TRAFFIC IMPACT FEE – PUD (SDP) 1100BMB-VANGUARD PER RESOLUTION NO. APC 2022-07 DATED DECEMBER 14, 2022.

WHEREAS, The Planning Commission held a Special Public Hearing on Wednesday December 14, 2022, to review and consider PUD(SDP) 2022-1100BMB for Assessor Parcel No. 190-250-06; and
WHEREAS, The Planning Commission at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed project, PUD(SDP)2022- 1100BMB; and
WHEREAS, No person(s) spoke in opposition to nor objected to the proposed conditions of approval; and
WHEREAS, The Planning Commission at the conclusion of the public hearing, adopted Resolution No. APC 2022-07, A Resolution of the Planning Commission of the City of Arvin, approving, subject to conditions Exhibit A – Conditions of Approval, Exhibits B-1 through B-9; PDP (SDP) 2022-1100BMB, APN 190-250-06 (1.06 Acres) – 1100, 1110, 1120, and 1130 West Bear Mountain Boulevard, Development of two (2) one story wood frame and stucco medical office buildings with one building consisting of 1100 -Suite A (6,550 Square Feet); 1110 -Suite B (1,800 Square Feet); 1120 -Suite C (1,500) Square Feet and the other building; 1130 - Suite D (2,000 Square Feet with ingress and egress from the project site to Richard Street through APN 190-250-09 (.23 Acres) and accept and adopt Negative Declaration; and WHEREAS, Petrus Tjandra, representative, for property owner, Vanguard Property Holdings, LLC, has paid the required appeal fee and has timely filed an appeal to Conditions of Approval relating to the imposition of the City of Arvin’s Traffic Impact Fees; and WHEREAS, The applicant’s representative claims that because City staff failed to collect or advise the applicant of the required Traffic Impact Fee at the time of the building permit issuance over ten months ago, the applicant is therefore, not required to pay said fee; and WHEREAS, Staff has reviewed the applicants’ reason for the appeal to the payment of Traffic Impact Fees proposed project, and
WHEREAS, Staff has concluded that although staff failed to collect or to advise the applicant of the required Traffic Impact Fee at the time of building permit issuance, this does not waive the requirement to pay the Traffic Impact Fee.

WHEREAS, Staff finds that the CEQA Initial Study, Section 3.4.17 Transportation identified that “In addition, to reduce the impacts to the transportation services, the Project is

4.A.2
Attachment: 2 CC Reso Affirming PC Action - PUD-SDP 2022-1100BMB_FINAL (Public Hearing - Vanguard Medical Appeal)

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Reso CC Affirms Planning Commission Action – Rejects Appeal for Waiver of Traffic Impact Fees required to pay appropriate developer impact fees. Therefore, the Project is not expected to result in a significant transportation impact.”
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 upon consideration of applicants’ reason for the appeal and the request for waiver of the payment of Traffic Impact Fees and upon consideration of Staff’s review, the Council rejects the applicants appeal and affirms the Planning Commission’s actions. The payment of Traffic Impact Fee is required.

3. The City Council accepts that the CEQA Initial Study, Section 3.4.17 Transportation identified that “In addition, to reduce the impacts to the transportation services, the Project is required to pay appropriate developer impact fees. Therefore, the Project is not expected to result in a significant transportation impact.”

4. This Resolution shall become effective immediately upon adoption by the City Council. //////
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4.A.2
Attachment: 2 CC Reso Affirming PC Action - PUD-SDP 2022-1100BMB_FINAL (Public Hearing - Vanguard Medical Appeal)

Page 3 of 3 ends

Reso CC Affirms Planning Commission Action – Rejects Appeal for Waiver of Traffic Impact Fees 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 14th day of February 2023 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:

4.A.2
Attachment: 2 CC Reso Affirming PC Action - PUD-SDP 2022-1100BMB_FINAL (Public Hearing - Vanguard Medical Appeal)

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal)

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

Page 1 of 12 ends

EXHIBIT A

CONDITIONS OF APPROVAL
PDP(SDP) 2022-1100BMB – VANGUARD MEDICAL
PDP (SDP) 2022-1100BMB, APN 190-250-06 (1.06 Acres) – 1100, 1110, 1120, and 1130 West Bear Mountain Boulevard, Development of two (2) one story wood frame and stucco medical office buildings with one building consisting of 1100 -Suite A (6,550 Square Feet); 1110 -Suite B (1,800 Square Feet); 1120 -Suite C (1,550) Square Feet and the other building; 1130 - Suite D (2,000 Square Feet with ingress and egress from the project site to Richard Street through APN 190-250-09 (.23 Acres)

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.

PROJECT INFORMATION
Applicant: Property Owner:

Bruce E. Keith
1610 – 20th Street
Bakersfield, Ca 93301
Email: [email protected]
Vanguard Property Holdings LLC
565 Kern Street
Shafter, CA 93263
Attn: Petrus Tjandra
Email: [email protected]
Project Address: 1100, 1110, 1120, and 1130 West Bear Mountain Boulevard Project Location: Northwest Corner of West Bear Mountain Boulevard and Walnut Street.

Assessor Parcel No. and Size: Schipper Ave., City of Arvin 190-250-06 - 1.06 Acres and 190-250—09 - .23 Acres 93-160-04, 193-160-03, & 193-150-15, 5.1 acres
Zoning: C-2 PUD – General Commercial with Planned Urban Design Overlay Zone
General Plan Land Use
Designation
General Commercial
CONDITIONS AND REQUIREMENTS:

The Planning Commission approved the following conditions on December 14, 2022.

PROJECT DESCRIPTION: The project, APN 190-250-06 (1.06 Acres) – 1100, 1110, 1120,

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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and 1130 West Bear Mountain Boulevard, 3-Exhibit B-1 Project Site, is the development of two (2) one story wood frame and stucco medical office buildings with one building consisting of :

Address – 1100 BMB -Suite A (6,550 Square Feet); Address -1110 BMB -Suite B (1,800 Square Feet); Address -1120 BMB - Suite C (1,500) Square Feet, 4-Exhibit B-1a Site Plan Vanguard Medical, and the other building; Address 1130 - Suite D (2,000 Square Feet) with site access (ingress and egress) from the project site to Richard Street through APN 190-250-09 (.23 Acres), 5-Exhibit B1-b – Ingress and Egress – Vanguard.

PLANS BY LICENSED PROFESSIONAL:

PLP-1. All Civil Plans must be signed and stamped by a licensed Civil Engineer, Land Surveyor, or Landscape Architect. Required plans and studies are expected to include, but not limited to the following, if applicable:
a. Survey/site control
b. Demolition and Dust Control
c. Site improvements
d. Grading and drainage
e. Landscaping and irrigation
f. Utility plan
g. Electrical and lighting
h. Traffic study (limited to trip generation analysis)
i. Geotechnical investigation
PLP-2. All Civil Plans and improvements must be in substantial compliance with all applicable codes including, but not limited to Arvin Municipal Code (AMC) 13.08,

15.32, 17.30, 17.60, and 17.70.

PLP-3. Final Site Plans: Final Site Plans, Grading plans, etc. shall be submitted to and approved by the City Engineering and Planning Divisions of the Community Development Department, prior to any on-site improvements.

UTILITIES AND SERVICE PROVIDER(S):

U-1 Pacific Gas and Electric: PG&E is the provider of electric and gas services to the project site. The project is not located within an Underground District. However, any new or retrofitted electrical service from the existing overhead lines to the structure shall be underground.

U-2 Sewer Services - Arvin Wastewater Collection and Treatment Facility – Operations and Maintenance by Veolia West Operation Services, Inc. – Septic System for Wastewater – Kern County Health Services: Municipal sewer service is available to the developer via Walnut Street and Bear Mountain Boulevard. Septic systems will not be permitted. The developer must provide

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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a plan for connecting to the municipal system and must pay applicable connection fees. City and Caltrans encroachment permits would also be necessary. Existing sewer system information is provided below, and it shall be the responsibility of the developer to determine the accuracy of the information provided.

U-3. Water Service: Arvin Community Services District provides public water services within the City of Arvin. The applicant will be required to coordinate and obtain water service through that agency. The City Building Official will ensure that public water service commitment is received from that agency prior to the issuance of a Certificate of Occupancy.

U-4. Water Meter Connection: The developer will be subject to connection and meter charges from the Arvin Community Services District.

EXTERIOR SITE AND BUILDING IMPROVEMENTS:

ES&BI-1 Exterior lighting: All exterior lighting shall be arranged or shielded in such a manner as to contain the direct illumination on the site and avoid glare in nearby residential areas. Exterior lighting shall be powered by passive energy, for example, solar powered. All buildings must have a lighted address panel placed at approved locations for ease of identification. The applicant shall include a lighted address panel placed at approved locations for ease of identification by the public and safety offices.

ES&BI-2 Exterior Mechanical Equipment: All mechanical, heating, and air conditioning equipment in residential, office, public or institutional uses shall be screened when visible from a public street or from adjoining properties. Installation of climate control equipment’s, such as air conditioners, on residential properties shall be located on the ground.

ES&BI-3 Trash Receptacles: All trash receptacles shall be screened with an overhead trellis and located in such a manner not visually obtrusive from any off-site location. The location and method of screening for all trash receptacles shall be approved by the City Planner. The applicant shall provide a confirmation from the solid waste provider prior to final design and location approval by the City Planner.

ES&BI-4. Access (ingress and egress) from the project site to Richard Street through APN 190- 250-09 (.23 Acres), 5-Exhibit B1-b – Ingress and Egress – Vanguard. Upon completion of the Master Plans for the RDA properties to the west, the project site may be granted vehicle and pedestrian access to Bear Mountain Boulevard and westerly toward Comanche.

ES&BI-5. Covenants and Agreements between Successor Agency and Vanguard Property Holdings, LLC: The Successor Agency and Vanguard Property Holdings, LLC have entered into Covenant Regarding Development requirements with Vanguard Property Holdings, LLC via Resolution No. 2020-71 dated October 13, 2020 (Exhibit B-5 2020-72 Resolution Successor Agency Vanguard Property Holdings, LLC) and Agreement No. 2020-25 – Covenant Regarding Development Requirements (Exhibit B-6 2020-25 Covenant Re Development) with Vanguard Property Holdings, LLC and Successor Agency to the Arvin Community Redevelopment Agency.

The resolution and the Covenant Agreement establishes procedures and agreements to annex the

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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Vanguard Medical development to the Planned Urban Design area once the Master Planned Development occurs for the area north of Bear Mountain Boulevard, east of Comanche Drive and west of Campus Drive. In addition, the agreements establish the opportunity to reciprocal eastwest vehicular and pedestrian access and access to Bear Mountain Boulevard.

ES&BI-6. Upon completion of the Planned Master Plan for the properties to the west and upon recordation of a reciprocal east-west vehicular and pedestrian access and access to Bear Mountain Boulevard, the City Engineer shall record the dissolution of the Covenant Agreements.

ES&BI-7. Water Retention Basin: A revised plan shall be required in more detail and information on how drainage will be managed. More specifically, all storm runoff must be retained on site or it may be directed to the regional sump located west of the site and north of 7-11. An existing 36" RCP exists just north of the subject property, and it may be most advantageous to tie into existing manhole #10. The developer shall provide a detailed grading and drainage plan showing all proposed onsite drainage features including inlets, pipes, and manholes. Roof runoff must also be shown to be tied directly to a storm drain system or that it will be directed to an appropriately sized landscaping feature. Also provide a drainage report to quantify the amount of runoff generated on site, and to show that facilities are appropriately sized. Said report must follow the methodology established by the Kern County Public Works Department. Reference division 4 of their development standards
ES&BI-8. Elevations of Building: Painting the exterior of the existing structure, the applicant shall submit a color palette which identifies the proposed color(s). The City Planner shall have the authority to approve the proposed color(s). Elevations of the existing building are shown on Exhibit B-2 Elevations Vanguard Medical and Exhibit B-3 Elevations -2 Vanguard Medical Page A-10.

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)
Property is located within an AO flood zone (BFE=1'; V=2fps). This information should be included on the site plan. It currently shows on the ALTA survey. City has recently coordinated with the Department of Water Resources, and it is now understood that the proper elevation to which structures must be elevated or flood proofed is variable based on the proposed use of the building as prescribed based on the 2016 California Building Code section 1612.4. This building is classified as a being used for "healthcare facilities not having surgery or emergency treatment capabilities" and falls within "Flood Design Class 3". As such, the correct design elevation is 2 feet above the highest adiacent grade. This allows 1 foot of freeboard above the base flood elevation (also written as "BFE +1"). Alternatively, the building may also be

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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appropriately "floodproofed" up to the same BFE + 1 elevation in lieu of elevating the structure at the option of the developer. A revised site plan showing an appropriate raised elevation must be approved by an engineer, and shall include a statement on the plan indicating that the design complies with local ordinance 15.32 as well as applicable CBC and FEMA requirements with regard to the floodplain. If the developer chooses to floodproof the structure, the same should be included on the building plans. Regardless of the methodology employed by the developer, the applicant shall provide an elevation certificate completed by a licensed land surveyor to show that the building pad elevation is at or above the BFE. Note that the HAG must be a grade along the perimeter of the structure, and cannot be a spot elevation anywhere on the site or along the existing sidewalk or roadway.

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.

Best Management Practices are to be implemented during site construction. 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.

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”). The applicability of this will depend on the amount of work being proposed to existing structures. It is believed that thresholds which trigger such requirements will be passed, and the developer should be prepared to comply with the more stringent FEMA guidelines.

OFF-STREET PARKING, LOADING, AND ACCESS
PL&A-1. Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system is shown on Exhibit B-1- Project Site and Layout, Exhibit

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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B-1a Site Plan Vanguard Medical, and Exhibit B-1b Ingress and Egress Vanguard. The number of proposed off-street parking spaces is forty-nine (49) which includes two (2) handicap parking space. The off-street parking requirements are established in Section 17.48. The proposed development of 11,920 square foot buildings. Parking ratio for Commercial and entertainment uses is one (1) space per two hundred fifty (250) square feet of gross floor area of buildings intended for mixed uses. Based on the gross square footage of 11,920 the internal circulation system shown, and the number of off-street parking spaces shown meets the minimum requirements of the City code.

PL&A-2. Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions are shown on on Exhibit B-1- Project Site and Layout, Exhibit B-1a Site Plan Vanguard Medical, and Exhibit B-1b Ingress and Egress Vanguard. Driveway access is proposed off of Richard Street to the project site. Pedestrian access is proposed off Richard Street as well as Bear Mountain Boulevard. It should be noted, that a westerly vehicular and pedestrian access will occur upon completion of the Master Plans for the RDA properties to the west.

PL&A-3. Loading, including the location, dimensions, number of births, internal circulation, and means of accessibility to structure or use served – no information is provided. The applicant to verify and address this requirement prior to final approval and implementation, if applicable.

PL&A-4. All access drives, parking areas, and vehicle maneuvering areas shall be surfaced with a minimum of two inches (2") of asphalt, concrete, or paving material of higher quality.

SIGNAGE:

S-1. Signs and their location, size and height is required. Prior to the installation of any onpremises sign, the applicant shall apply for and receive a Sign Permit approval from the Planning Division.

RIGHT OF WAY IMPROVEMENTS – REQUIREMENTS:

ROWI-R-1. No Right of way improvements are required along Walnut Street and Bear Mountain Boulevard.

GENERAL CONDITONS AND REQUIREMENTS:

GC&R-1 Conditions of Approval and Building improvements for the interior as well as exterior may require improvements including but not limited to bringing the project site into compliance with the requirements of the Arvin Municipal Code, Kern County Fire Department, Kern County Health Department, Arvin Community Services District, and other agencies providing service and/or requiring oversite and/or clearance. Said conditions of approval and improvements, as well as verification from serving agencies, shall be completed prior to the Certificate of Occupancy or in the alternative, provide financial security to insure the completion of, installation of, formation of, and maintenance of required improvements.

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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GC&R-2 The Applicant and project activity shall continuously comply with all the requirements of Chapter 17.70 Site Development Standards of the Arvin Municipal Code and as may be amended by the City Council from time to time.

GC&R-3 The Applicant shall pay all applicable fees, costs, and obligations, in a timely manner, as established by the City of Arvin, the Arvin Municipal Code and/or any City of Arvin rules, regulations or resolutions.

GC&R-4 The Applicant shall allow the City of Arvin, its employees and/or contractors to conduct all required inspection(s) during normal business hours prior to the final approval of the project and/or any required City of Arvin issued permits, or as otherwise required by the Arvin Municipal Code.

GC&R-5 The project shall be implemented and used in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes and engineering requirements.

GC&R-6 This site development permit does not guarantee nor require the City of Arvin to take any particular action and/or approve any future action sought by the Applicant, project and/or property.

GC&R-7 Conditions shall run with the land. All owners, present and future, of the property shall be subject to these conditions of approval. Failure to comply with any condition of approval is grounds for immediate suspension or revocation of this site development permit.

GC&R-8 Community Development Director or designee is authorized to consider minor modifications to conditions of approval and timing of implementation of conditions where it is found that such modifications and adjustment in timing of implementation of conditions do not nullify the intent of the conditions established by the City Planning Commission.

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) or 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

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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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).

L&I-2. Preliminary Irrigation and Landscape Plans are shown on Exhibit B-4 Landscape and Irrigation Plans. The applicant must submit a proper landscaping and irrigation plan(s) as required under AMC 17.70 for approval. Such plans should show tree species, shrub species, ground cover, irrigation piping, water calculations, controllers etc. Water Conservation and Water Efficient Landscape Regulations (Section 15.36.030 and Chapter 15.38 Water Efficient Landscape Regulations) must be implemented. The applicant shall retain a Licensed Landscape Architect to prepare irrigation and landscape plans in compliance with Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping and Chapter 15.38 Water Efficient landscape Regulations. Said plans shall be submitted to the City for review and approval. The Landscape Architect shall certify that the submitted plans and installation of irrigation systems and landscaping materials meet all the requirements of the City and State of California Chapter 2.7. Model Water Efficient Landscape Ordinance. Upon implementation of the irrigation system and landscaping, the applicant shall be responsible for the continued maintenance of the irrigation and landscaping.

A. Landscape Standards. The following standards apply to landscaping:
1 A minimum of ten percent (10%) of the developed area shall be landscaped. 2 Along any interior property line abutting residentially zoned lots, trees shall be planted at least every thirty feet (30') in individual planters. The planters shall be sufficiently large and protected so that a parked car does not extend into the minimum four foot by four-foot (4' × 4') tree planting area which shall be landscaped with ground cover, shrubs, and climbing plants.
3 Planters or landscaped areas: All off-street parking areas shall have perimeter landscaping, planters, and landscaped areas for every fifth or sixth parking space to reduce heat islands. Plant types should be selected to suit the climatic zone and of a variety that is least polluting to the environment. All plans shall be submitted to the department of planning and building for review and approval. 4 Within each planter or landscaped area, automatic irrigation system and live landscaping shall be provided and maintained. Water and energy savings features shall be incorporated in all irrigation design.
5 Required planter or landscaped areas may be combined with pedestrian walks and similar hard surface areas; provided, that such hard surface area does not cover more than ten percent (10%) of any required planter or landscaped area. Ornamental or landscaping rock and gravel areas, artificial turf, or other areas covered with other artificial materials shall be considered hard surface areas for the purposes of this provision.
6 Street trees are required for any project, use, or development adjacent to designated streets.

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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7 Landscaping materials and trees installed in planters or landscaped areas shall be selected from a list of approved plants maintained by the department of planning and building.

DEVELOPMENT IMPACT FEES – FULL COST RECOVERY FEES:

The City of Arvin has established fees, referred to as Development Impact Fees, that will be imposed upon the proposed project and the fee will collected at Building Permit Issuance. The fees currently collected are Police, Sewer Connection, Traffic, and Parks. (Please note, that other fees may be established in the future by the City and if a new fee is established prior to the issuance of the building permit, the development may be subject any new fee adopted or adjustment to existing fees.) The amount of fee collected vary dependent upon the type of development. The City will not issue Building Permit(s) and/or issue a Certificate of Occupancy until the required fees are paid. [(Email from Architect-11-29-2022)- The building under construction, 1110, 1120 & 1130 Bear Mountain Blvd is 9,850 sq ft and the un-built building, 1130 Bear Mtn is 2,000 sq ft.]

CITY OF ARVIN
Community Development Department – Planning Division
141 Plumtree Drive, P.O. Box 548, Arvin, CA 93203
Phone (661)854-6183 Fax (661)854-2969
DEVELOPOMENT IMPACT FEE ESTIMATE – CALCULATION FOR
VANGUARD MEDICAL DEVELOPMENT – REQUIRED PUD/SDEP –
(1100 WEST BEAR MOUNTAIN BOULVARD ) – APN 190-250-17
Consisting of 1.07 Acres – (PC OR CC RESO. NO. PENDING) Development Impact Fees: The new construction of (Vanguard Medical) buildings will require the payment of the most current City of Arvin Development Impact Fees at the time of building permit issuance. The proposed building, Suite A, B, and C consists of 9,850 square feet; Suite D is proposed as 2,00 square feet in the C-2-PUD Zone District 2018 Fee Schedule provides for the following:

FEE CALCULATION FOR VANGUARD MEDICAL IS AS FOLLOWS – October 28, 2022- JR (NOTE: THE PROJECT HAS NOT RECEIVED THE PLANNING COMMISSION APPRVAL AS IS REQUIRED BY CHAPTER 17.60 SITE DEVELOPMENT PERMT AND CHAPTER 17.45 PLANNED URBAN DEVELOPMENT OVERLAY) MIXED USE BUILDING – Suites A,B, and C are under Construction which is 9,800 Square Feet, per the Architect. Suite D, proposed later, is 2,000 Square Feet, per the Architect. .

Type of
Land
Use

IMPACT FEE
Police
(APN 190-
250-17 –

1.07 Acres
Parks Sewer Traffic Schools Water
Commer
cial
Project
Site:

Refer to
Developm
ent Impact
Fee Report
Refer to
Develop
ment
Impact
Refer to
Developme
nt Impact
Fee Report
Refer to
Developmen
t Impact Fee
Report
Contact
Arvin Union
School
District
Contact Arvin
Community
Services District
(661) 854-2127

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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1.07 Acres
Fee
Report
(661)854-
6500
medical/
dental
offices
Suite A,
B, and C
– 9,800
Sq. Ft
$350/acre NA $11,000/bld
g.*
Note:
$11,000
paid at
Building
Permit
Issuance –
JR
$7,874/1000
sq. ft.
9,800 Sq.

Ft. X
$7,874.00 =
$77,165.20
Contact the
School
Districts
Contact the Arvin
Community
Services District
(661) 854-2127
Suite D
– 2,000
Square
Footage
of
building
area
(Future
Construc
tion)
350.00 NA $7,874/1000
sq. ft.
2,000 Sq.

Ft. X
$7,874.00 =
$ 15,748.00
NOTE: Fess are adjustable and if an adjustment is made prior to the issuance of the building permit, the project shall be subject to the adjusted fee.

The City of Arvin has established various application fees and as established by City Council, new development shall pay and ensure full cost recovery for the processing of development applications. The table below is the Fee Deposit and Flat Fee Estimates for the Vanguard Medical project. Some fees have previously been received and the fee estimate notes the credit of those fees previously received. The City will not issue Building Permit(s) and/or issue a Certificate of Occupancy until the required fees are paid.

TO BE COMPLETED BY STAFF - FEE DEPOSIT – FLATE FEES – MAINTENANCE FEE(S):

VANGUARD MEDICAL GROUP – FEE CALCULATED 11-19-2022 - JR:

1. DEPOSITS:

Cost Recovery Review and Processing of a Application X $5,000.00 Deposit
Environmental Fees and Deposits: – Initial Study – deposit and full cost recovery
• Initial Study – deposit and full cost recovery  X $5,000.00 • EIR Preparation  $10,000.00
PREVIOUSLY PAID – 9-17-2022 ($3,000.00 )

1. SUB TOTAL DEPOSITS: $7,000.00

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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2. FLAT FEES - ENVIRONMENTAL:
• Mitigated Negative Declaration or Negative Declaration and Recording of Notice of Determination
X $1,000.00
• California Department Fish and Game – MND or ND  X $2,480.25 • California Department Fish and Game – EIR  $3445.25
• Kern County Recording Fee:  X $50.00
• Categorical Exemption – Notice to Kern County Recorder  $300.00

2. SUB TOTAL ENVIRONMENTAL FEES: $3,530.25

3. FLAT AND MAINTENANCE FEES:
• Public Hearing Notice Newspaper and 300 Foot Notice for Planning Commission
 $1500.00
• CMF-AP-2 - $25.00  $25.00
• FM-CD-1 - $20.00  $20.00
• FM-CC-4 - $20.00  $20.00
• CM FEE - $100.00  $100.00
General Plan Maintenance Fee –
MF-GP-2: $0.022 per square foot of lot area X 46174 Sq. .Ft. = $1,015.83
Calculate Fee: $1,015.83
PREVIOUSLY PAID TOTAL MAINTENANCE FEES 9-17-
2020
$1,560.83

3. SUB TOTAL FLAT AND MAINTENANCE FEE: $ $2,680.83 -$1,560.83 = $1,120.00
Total Flat Fee and Deposit Due(1+2+3+4) $ 11,650.25

CONDITIONS AND REQUIREMENTS BY CITY ENGINEER, KERN COUNTY FIRE DEPARTMENT, KERN COUNTY HEALTH SERVICES, AND OTHERS- EXHIBIT B:

The project application was distributed to city departments and agencies that provide overview, authority, and services within the City of Arvin. To date, the City Engineer, Kern County Fire Department, and Kern County Health Department provided comments. Other department and agencies that have not commented may require certain improvements to gain clearance prior to occupancy of the building. Comments received as of this report are attached as Exhibit B and are herein included as conditions of approval. The comments and requirements are to be met prior to the issuance of the Certificate of Occupancy by the Building Official or receive conditional clearance from that department or agency.

DISCLOSURES AND APPEALS - IMPORTANT PLEASE READ CAREFULLY:

Please note that this project may be subject to a variety of discretionary conditions of approval.

These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal) Conditions of Approval – PDP(SDP) 2022-110BMB Vanguard Medical

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development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.

Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.

All discretionary conditions of approval will ultimately be deemed mandatory unless appealed to the City Council within 15 days after the decision by the Planning Commission or 10 days after the mailing required notices (if any), whichever date is later.

In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval, you may do so by filing a written appeal and payment of the established fees with the City Clerk. The appeal shall include a statement of your interest in or relationship to the subject property, the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.

Approval of this site development permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
a. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; and
b. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and,
Approval of this site development permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements, the Zoning Ordinance, and all City Standards and Specifications. This site development permit is granted, and the conditions imposed, based upon the application submittal provided by the applicant. The application is material to the issuance of this site development permit.

Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the site development permit or any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the site development permit review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this site development permit or subsequent amendments or revisions.

If the Site Development Permit is not implemented within one (1) year from the date of issuance of this site development permit, or within any extended period thereof, this site development permit shall expire, and the site development permit approval shall be null and void.

The conditions are applicable to any person or entity making use of this permit, whether identified as "permittee," "applicant," "operator," "developer," or is unnamed.

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public Hearing - Vanguard Medical Appeal)

4.A.3
Attachment: Att A - APC 2022-07 Reso PDP(SDP) 2022-1100BMB- Vanguard PC Mtg 121422 (Public