Cities Index.
Agenda

Arvin City Council
February 28, 2023

Document
Agenda
Meeting
February 28, 2023
Body
Arvin City Council
Pages
18
Original file
44.7 MB
Text extracted from the city's file for reading and search. Open the original on www.arvin.org. That file is the official record.

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 28, 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 28, 2023

Page 1 of 4 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. PRESENTATION(S)
A. Arvin Wastewater Treatment Facility Annual Report 2022 Gerry Lemus, Project Manager – Veolia Water
B. Grants Presentation
Christine Viterelli, Grants Manager – City of Arvin

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of February 10, 2023 – February 23, 2023.

B. Approval of Payroll Register(s) of February 17, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of February 14, 2023.

D. Approval of Special Event Permit Application for the Arvin Chamber of Commerce Wildflower Festival to be Held at Smothermon Park on April 17, 2023 through April 25, 2023 (Event Dates April 20 - 23) with the Requirement to Abide by Stipulations as Set Forth by the City of Arvin and the Arvin Police Department Including Private Security Guards, Insurance, Applicable Fees, ABC Daily License Requirements and Police Department Personnel Costs of $2,402.91.

E. Approval of Special Event Permit Application for Circus Royal Spectacular for Operation of A Temporary Circus to be Held at Smothermon Park on March 7, 2023 through March 14, 2023 with the Requirements as Set Forth by the City of Arvin Including Private Security Guards, Insurance, and Applicable Fees.

F. Approval of First Amendment to Consultant Services Agreement Between the City of Arvin, California and V-Max Electric, Inc. for Electric Vehicle Charging Station Equipment and Installation with Integration for A Cost Not to Exceed $170,021.00.

Arvin City Council Meeting Agenda – February 28, 2023

Page 2 of 4 ends

G. Approval of Engineer II Classification, Job Description, and Salary Schedule.

H. Approval of Appointment of Rubi Carmona to the Arvin Planning Commission. (Councilmember Horton)
Staff recommends approval of the Consent Agenda.

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

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider and Approve A Resolution of the City Council of the City of Arvin Declaring There Are No Unmet Transit Needs That Can Be Reasonably Met Within the City of Arvin. (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 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 ___ C. 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 ___ Arvin City Council Meeting Agenda – February 28, 2023

Page 3 of 4 ends

D. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Amending Ordinance 2022-479 Which Established Title 8, Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit a Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis. (City Manager)
Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

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

6. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin Authorizing Veolia North America to Locate and Install A Solar Renewable Energy Generating System at the Arvin Wastewater Treatment Facility. (Gerry Lemus, Veolia Water)
Staff recommends approval of the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. Consideration and Approval to Adopt the City of Arvin Policy and Procedure Manual. (ACM / HR Manager)
Staff recommends adoption of the City of Arvin Policy and Procedure Manual.

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

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – February 28, 2023

Page 4 of 4 ends

7. STAFF REPORTS

8. COUNCIL MEMBER COMMENTS

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

10. 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 23, 2023.

Cecilia Vela, City Clerk
ANNUAL REPORT 2022
Arvin WWTF
Project Manager: Gerry Lemus
Feb 2023

3.A.1
Attachment: Veolia WWTF Annual Report 2022_022823 (Arvin Wastewater Treatment Facility Annual

3.A.1
Attachment: Veolia WWTF Annual Report 2022_022823 (Arvin Wastewater Treatment Facility Annual

ARVIN WASTEWATER TREATMENT FACILITY
Note: Sludge drying beds are out of the
process mandate by the State of California

3.A.1
Attachment: Veolia WWTF Annual Report 2022_022823 (Arvin Wastewater Treatment Facility Annual Year Monthly Summary 2022
Month
Jan-21 1.1037 210 145 150 7.0 6.0 8.0 490 10.0 0.6877 1,411,166 211.16 26 34.22 21.13 Feb-21 1.0857 330 235 320 7.0 3.0 7.0 650 30.0 1.1204 1,437,904 173.27 25 30.40 31.70 Mar-21

1.0707 340 260 175 10.0 6.0 4.0 720 13.0 1.7043 1,505,614 287.68 37 33.19 48.33 Apr-21

1.0688 330 190 215 5.0 4.0 4.0 770 26.0 0.8015 1,109,047 230.41 30 32.10 28.48 May-21

1.1219 365 155 210 9.0 8.0 8.0 700 0.1 1.1060 1,510,753 210.79 25 34.80 27.88 Jun-21 1.0665 385 195 130 10.0 9.0 8.0 740 0.1 0.7961 1,552,340 207.46 24 31.99 21.84 Jul-21 1.0933 405 195 400 8.0 7.0 15.0 740 0.0 0.7117 1,554,709 252.90 29 33.90 21.17 Aug-21 1.1441 345 190 280 10.0 7.0 9.0 670 0.0 0.7646 1,934,969 217.26 26 35.47 23.42 Sep-21 1.1401 330 170 360 14.0 9.0 10.0 680 0.0 0.6862 1,559,245 247.88 29 31.20 23.92 Oct-21 1.0941 330 152 190 11.0 6.0 11.0 680 0.0 0.7406 1,762,823 188.46 23 33.92 28.11 Nov-21 1.0599 300 155 230 12.0 7.0 13.0 620 0.3 0.6736 1,806,078 209.57 26 31.80 25.15 Dec-21

1.0113 255 152 230 13.0 6.0 9.0 560 3.5 0.9101 2,009,881 223.36 27 31.35 26.60 Mininum 1.0113 210 145 130 5.0 3.0 4.0 490 0.0 0.6736 1,109,047 173 23 30.40 21.13 Max 1.1441 405 260 400 14.0 9.0 15.0 770 30.0 1.7043 2,009,881 288 37 35.47 48.33 Avarge 1.0883 327 183 241 9.7 6.5 8.8 668 6.9 0.8919 1,596,211 222 27 32.86 27.31 Total 13.060 10.703 19,154,529 2,660 327 394.34 327.73
Influent
MGD
Irrigation
MGD

ARVIN WASTEWATER TREATMENT PLANT
Annual report 2022

TOTAL FLOWS
Inf TSS
AVG
mg/l
Eff BOD
AVG
mg/l
Eff cBOD
AVG
mg/l
Eff TSS
AVG
mg/l
EFF
TDS
AVG
Eff Nit
AVG
mg/l
Irrigation Flow
AVG
MGD
Gallons Flow to the
press AVG Gallons
Influent Pit Flow
Avg MGD
Inf BOD
Avg
mg/l
Inf sBOD
Avg
mg/l
Influent Effluent Biosolids
Wet Tons
AVG
Tons
Dry
Metric
AVG

3.A.1
Attachment: Veolia WWTF Annual Report 2022_022823 (Arvin Wastewater Treatment Facility Annual Significant Events and Accomplishments
• Completed 5th full year of continuous sludge hauling. • Biosolids total gallons process 19,154,529 shipped to Synagro Composting Facility 2,628 wet tons, 376 dry
tons, with an average of cake % 14.38

3.A.1
Attachment: Veolia WWTF Annual Report 2022_022823 (Arvin Wastewater Treatment Facility Annual Significant Events and Accomplishments
MAINTENANCE YEAR 2021
• Annual Preventive and Corrective maintenance orders:

Total 1,223
• Annual Preventive Electrical Maintenance completed a long with the Jetter and the heavy equipment

CALIFORNIA WATER BOARDS
• The state visits to the facility continuo in 2022 with the purpose to visual inspect the reservoirs water seepage
concerns and Effluent water management practices.

3.A.1
Attachment: Veolia WWTF Annual Report 2022_022823 (Arvin Wastewater Treatment Facility Annual • Coordinated with the city on Collection city master plan • Developed capital needs by reviewing a representative sample of completed video inspections and visual inspection of most of the system manholes
• Performed Video Inspection of 20,656 feet of sewers 10% of the system
• Cleaned approximately 71,370 feet of sewers
• Includes 19,332 feet of “hot spots”. Clean hot spots twice (April and October)
• Cleaned Routes 3, 4, 5, and 6
Significant Events and Accomplishments

3.A.1
Attachment: Veolia WWTF Annual Report 2022_022823 (Arvin Wastewater Treatment Facility Annual • Coordinate with the city Treatment Plant Master Plan
• Determined best long term, >20 years, effluent utilization strategy • Identified best fit for capital improvements to treatment plant to address current and future, >20 years, flows and organic loadings • Participate in Treatment Plant and Collection System Capital Improvement Projects • New Digester Blower was install bringing the plant to a three blowers available for the process
• A rebuild pump for the RAS / WAS Oxidation Ditch happen in 2022 a long with a clean of inorganics at the structure
Significant Events and Accomplishments

3.A.1
Attachment: Veolia WWTF Annual Report 2022_022823 (Arvin Wastewater Treatment Facility Annual

CITY OF ARVIN
Grant Report for 2022/2023 Fiscal Year

3.B.1
Attachment: Grants Presentation_022823 (Grants Presentation) Grants Status Report
• SJVAPCD-Public Benefit Program for 7 Hybrid PD Vehicles $ 140,000 Grant awarded, to be submitted for a claim for payment upon receipt of vehicles ( estimated completion Summer 2023)
• Kern COG CEC Charging Station Grant & SJVAPCD Charge Up Grant $ 170,021 (Park and Ride) awarded, in progress, estimated completion date September/ October 2023
• CDBG Grant- Franklin Street (Derby to Comanche paving), $ 2.82 million, City Council award pending 3/08/23, in progress, estimated completion date July/ August 2023
• CDBG- Haven Avenue $ 2.7 million (sewer and road paving project) pending on a waitlist, will either be funded down the line or City will have priority and resubmit in June 2023; no-cost increase allowed with resubmission.

3.B.1
Attachment: Grants Presentation_022823 (Grants Presentation) Grants Status Report
• LCTOP (yearly fund) 21/22
• FY 2021 $ 22,775
• FY 2022 $ 89,596
• Will roll 23 into the same project as Match funds for the new EV Bus to FTA 5339 Program.

The program can be rolled into one project over three years. • Transit State of Good Repair (SGR)
• SGR SB1 FP 2021 $ 32,689
• SGR SB1 FY 2022 $ 157,711
• Will roll 23 into the same project as Match funds to FTA 5339 Program for Microgrid. The program can be rolled into one project over three years. • SB1 (Street paving funding), annually approximately $ 440,000 yearly. Engineering and Planning to work with Management to begin a project based on submittal lists.

3.B.1
Attachment: Grants Presentation_022823 (Grants Presentation) • 2021 Bus and Bus Facilities Grant- FTA
Converts 1 Diesel Buses and 1 Dial-A- Ride Bus and
Replaces them with 2 electric buses and builds City
Microgrid, in progress, waiting on Caltrans/DOT Contract – Amount Received/Value -$2,922,550
– City Other Grants Match - $ 730,637 SGR, LCTOP, LCFC)

3.B.1
Attachment: Grants Presentation_022823 (Grants Presentation) Grants Status Report
• Prop, 68 Competitive Grant- Kovacevich $ 1.956 million. Grant completion is due by June 30, 2028.
• Equipment has been ordered and is slated for May-June delivery in 2023. • Kick-off with the design team is scheduled for the first week of March.

3.B.1
Attachment: Grants Presentation_022823 (Grants Presentation) Grants Status Report
• Prop. 68 Per Capita- Di Giorgio park $ 190,383 for playground and field improvements
• Playground equipment has been ordered; delivery will be in April 2023, followed by installation. Project completion is due June 30, 2024.

3.B.1
Attachment: Grants Presentation_022823 (Grants Presentation) Grants Status Report
• SB2 Planning Grant $ 160,000 (in process, awarded, more than 50% complete), completion due date 6/30/24
• LEAP $ 150,000 planning Grant (in process, awarded, completion date 6/30/2024) • PHLA $ 138,593 first year Covid relief, completed, years 2-5 ADU funding, ADU kick-off and financial programming in process with Self-help Enterprises.) Will provide forgivable loans/grants to residents to rehabilitate accessory dwelling units. • CV2 & CV3 Flood Ministries Navigation Center Grant $ 422,720 in progress; more than 70% of funds have been spent, and the project completion date is 08/31/2023 Other Notes: The City has another 2022 pending CDBG grant application to continue the services of Flood Ministries and the Navigation center for another two additional years.

3.B.1
Attachment: Grants Presentation_022823 (Grants Presentation) Grants Status Report
• AB617- CERP has been finalized,
CSC steering committee and City
staff is looking at road projects.

Must be approved by CSC) $ 6
million for road and sidewalk
projects. Potential for collaboration
with County on Comanche Road.

The completion deadline is
estimated at February 2027.

3.B.1
Attachment: Grants Presentation_022823 (Grants Presentation) Grants Status Report
Pending Projects:

REAP 2.0 (HCD), $ 5.6-7.3 Million (approved by COG Board), now waiting for HCD, downtown area affordable housing, and a transit stop near a planned retail development.

REAP 2.0 (High-Intensity Transformation (HIT) $ 10 Million, pending Downtown area affordable housing and a transit stop near a planned retail development.

Future Planned Grant Applications:

Transformative Climate Communities Grant ( TCC-June 2023) to complete a downtown affordable housing project.

Clean Mobility Options Grant (March 2023 due date)
Reconnecting Communities Planning Grant (With Caltrans) for Signal at Walnut (Spring/Summer 2023)

3.B.1
Attachment: Grants Presentation_022823 (Grants Presentation) 2/16/2023 2:50:29 PM Page 1 of 8
Payment Register
City of Arvin APPKT00330 - FOR AP 2/16/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1207
Vendor Number

ACC BUSINESS
Total Vendor Amount
962.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 962.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 230145969 INTERNET ACC 12.11.22-1.10.23 01/27/2023 01/27/2023 0.00 962.26 1150
Vendor Number
AT&T
Total Vendor Amount
2,426.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,065.73
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000019358917 9391033189 SERVICE 12.13.22-1.12.23 01/13/2023 01/13/2023 0.00 353.96 000019360680 9391056024 SERVICE 12.13.22-01.12.23 01/13/2023 01/13/2023 0.00 711.77 Check 02/16/2023 1,361.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SB268750 CPE MOVE TO NEW FURNITURE PD CUST # 0701020205167 02/02/2023 02/02/2023 0.00 1,361.25 1550
Vendor Number

CAL OES
Total Vendor Amount
2,782.74
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 2,782.74
Payable Number Description Payable Date Due Date Discount Amount Payable Amount KEARB52 KEARB52 - MULTIPLE ROADS W/IN CITY LIMITS 02/16/2023 02/16/2023 0.00 2,782.74 1043
Vendor Number

CITY OF SHAFTER
Total Vendor Amount
1,740.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,740.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount TRAINING FEB 27-28 TRAINING FEB 27-28 FOR 6 POLICE OFFICERS 02/07/2023 02/07/2023 0.00 1,740.00 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
420.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 420.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1114190 LTR 450 DISPATCH PW FEB 2023 02/02/2023 02/02/2023 0.00 240.00 1114191 LTR 450 DISPATCH TRANSIT FEB2023 02/02/2023 02/02/2023 0.00 180.00 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

77.89 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 77.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 29866 RODENT CONTROL INSIDE APD 02/08/2023 02/08/2023 0.00 34.60 467508 MATERIAL FOR CITY SHOP 01/31/2023 01/31/2023 0.00 43.29

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00330 - FOR AP 2/16/2023
2/16/2023 2:50:29 PM Page 2 of 8
1058
Vendor Number

DEPARTMENT OF JUSTICE
Total Vendor Amount
749.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 749.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 632633 FINGERPRINT SVCS JANUARY 2023 02/03/2023 02/03/2023 0.00 749.00 1057
Vendor Number

DEPARTMENT OF TRANSPORTATION
Total Vendor Amount
1,678.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,678.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SL230494 SIGNALS & LIGHTING OCT2022 - DEC2022 01/31/2023 01/31/2023 0.00 1,678.24 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
630.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 630.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0142 BUS WASH AND BUMPER SHINE 02.07.23 02/07/2023 02/07/2023 0.00 270.00 INV0143 ARVIN PD FLEET WASH 02.07.2023 02/07/2023 02/07/2023 0.00 360.00 1406
Vendor Number

FASTRIP FOOD STORE
Total Vendor Amount
1,989.58
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,989.58
Payable Number Description Payable Date Due Date Discount Amount Payable Amount JANUARY 2023 FUEL FOR PD JANUARY 2023 FUEL FOR PD 02/09/2023 02/09/2023 0.00 268.57 NOVEMER 2022 FUEL PD NOVEMER 2022 FUEL PD 02/09/2023 02/09/2023 0.00 1,721.01 1062
Vendor Number
FEDEX
Total Vendor Amount
143.03
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 143.03
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-034-50751 SHIPPING SVCS 2.01.23 02/10/2023 02/10/2023 0.00 143.03 1100
Vendor Number

FERNANDO LOPEZ
Total Vendor Amount
160.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 160.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

02.14.2023 INTERPRETER SERVICES 02.14.2023 02/14/2023 02/14/2023 0.00 160.00 1367
Vendor Number

FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
24,445.93
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 24,445.93
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1314 ARVIN CDBG CV2 SERVICES FOR DECEMBER 2022 12/31/2022 12/31/2022 0.00 24,445.93 1070
Vendor Number

GENERAL OFFICE
Total Vendor Amount
472.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 472.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 20232 METER READING PD 12.31.22-1.31.23 02/01/2023 02/01/2023 0.00 108.41 20233 METER READING APD & COMM 12.31.22-1.31.23 02/01/2023 02/01/2023 0.00 363.85

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00330 - FOR AP 2/16/2023
2/16/2023 2:50:29 PM Page 3 of 8
1074
Vendor Number

GRAINGER
Total Vendor Amount
1,356.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,356.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9587916587 GAS PUMP CITY YARD ROTOR KIT 01/26/2023 01/26/2023 0.00 215.02 9587916595 HVAC FILTERS VETS HALL 01/26/2023 01/26/2023 0.00 1,141.04 1546
Vendor Number

GUN GALLERY INC
Total Vendor Amount
987.90
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 987.90
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

2.4.23 MAGPUL LETHAL 2.4.23 MAGPUL LETHAL 02/04/2023 02/04/2023 0.00 987.90 1213
Vendor Number

HOME DEPOT PRO INSTITUTIONAL
Total Vendor Amount
516.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 516.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 727312381 COA ARVIN CLEANING SUPPLIES JANUARY 2023 01/20/2023 01/20/2023 0.00 516.60 1050
Vendor Number

KERN COUNTY INFORMATION SERVICES
Total Vendor Amount
210.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 210.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1160-05211 CJIS ACCSS LIC FEE JANUARY - MARCH 2023 01/05/2023 01/05/2023 0.00 210.00 1095
Vendor Number

KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount
1,076.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,076.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 146589 GRASSHOPPER MOWER BLADES 01/26/2023 01/26/2023 0.00 1,076.79 1096
Vendor Number

LEAGUE OF CA CITIES SSJVD
Total Vendor Amount
7,538.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 7,538.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 643191 MEMBERSHIP DUES FOR 2023 02/09/2023 02/09/2023 0.00 7,538.00 1168
Vendor Number
LOWES
Total Vendor Amount
1,651.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,651.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 909735 - KIARSO TOOLS FOR PUBLIC WORK / TRANSIT LUMBER 01/19/2023 01/19/2023 0.00 1,651.15 1541
Vendor Number

MISSIONSQUARE PLAN SERVICES
Total Vendor Amount
1,447.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,447.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000562 INV0000562, INV0000563 01/20/2023 01/20/2023 0.00 1,447.96

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00330 - FOR AP 2/16/2023
2/16/2023 2:50:29 PM Page 4 of 8
1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
651,753.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 651,753.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

06.30.22-01.31.23 06.30.22-01.31.23 PASS THROUGH PAYMENT SANITATION 02/13/2023 02/13/2023 0.00 651,753.80 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
109.64
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 109.64
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-266465 MOWER #3 MOTOR OIL WAS LEAKING BAD O-RING 01/04/2023 01/04/2023 0.00 1.45 4451-266834 2.5 GAL BLUE DEF FOR TRANSIT 01/06/2023 01/06/2023 0.00 77.90 4451-269196 2.5 GAL O'REILLY DEF FOR TRUCK 301 & 304 01/19/2023 01/19/2023 0.00 30.29 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount

41.23 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 41.23
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32195 UNIT 291 FLAT REPAIR 01/06/2023 01/06/2023 0.00 41.23 1449
Vendor Number

PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
9,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 9,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 27655 22-072 CITY OF ARVIN SB2 GRANT FUDNING 01/16/2023 01/16/2023 0.00 9,000.00 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount
255.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 255.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1719 REMOVAL OF XTL2500 TWO WAY RADIOS CROWN VICTORIA 01/23/2023 01/23/2023 0.00 255.00 1203
Vendor Number

SOUTH VALLEY ELECTRICAL CONTRACTORS INC
Total Vendor Amount
2,517.85
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 2,517.85
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4654 POLICE DEPARTMENT NEW DISPATCH PROJECT 02/10/2023 02/10/2023 0.00 2,517.85 1548
Vendor Number

SOUTHLAND INDUSTRIES
Total Vendor Amount

4.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 4.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #R00001214 OVERPAYMENT OF $4 FOR BUSINESS LICENSE 2023 02/09/2023 02/09/2023 0.00 4.00 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 168251101012123 PUBLIC WORKS SVC 01.29.23-02.28.23 01/21/2023 01/21/2023 0.00 108.99

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00330 - FOR AP 2/16/2023
2/16/2023 2:50:29 PM Page 5 of 8
1126
Vendor Number

STAPLES BUSINESS ADVANTAGE
Total Vendor Amount
1,650.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,650.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1646676714 OFFICE SUPPLIES FOR THE CITY DECEMBER 2022 01/25/2023 01/25/2023 0.00 1,650.86 1549
Vendor Number
SUN PACIFIC FARMING COOPERATIVE, INC.

Total Vendor Amount
575.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 575.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #R00000966 REIMBURSEMENT OF $575 DEPOSIT FOR VETS HALL 02/08/2023 02/08/2023 0.00 575.00 1472
Vendor Number

ULINE , INC
Total Vendor Amount
1,326.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,326.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 158821939 60" BOX SHELF & DIVIDERS 01/17/2023 01/17/2023 0.00 1,326.15 1459
Vendor Number

URIEL JESSE ORTIZ
Total Vendor Amount
3,456.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 3,456.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV2113 UNIT # 319 SPARK PLUGS 09/28/2022 09/28/2022 0.00 574.46 INV2115 UNIT # 301 PUBLIC WORKS FRONT BRAKE PADS 10/04/2022 10/04/2022 0.00 1,654.73 INV2116 UNIT #320 CAMSHAFT SENSOR ASSEMBLY 10/06/2022 10/06/2022 0.00 699.78 INV2138 UNIT #317 IGNITION LOCK CYLINDER 01/11/2023 01/11/2023 0.00 527.57 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
1,011.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,011.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9926220752 ARVIN PD CELL PHONES 12.26.22-1.25.23 01/25/2023 01/25/2023 0.00 1,011.00 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
1,110.39
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 1,110.39
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9926220753 ARVIN PD AIR CARDS 12.26.22-1.25.23 01/25/2023 01/25/2023 0.00 1,110.39 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 576.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9926432586 TRANSIT SVCS 12.29.22-1.28.23 01/28/2023 01/28/2023 0.00 576.32 1520
Vendor Number

VMAX ELECTRIC CORPORATION
Total Vendor Amount

2.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 2.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #R00001216 OVERPAYMENT OF $2 FOR BUSINESS LICENSE 02/13/2023 02/13/2023 0.00 2.00

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00330 - FOR AP 2/16/2023
2/16/2023 2:50:29 PM Page 6 of 8
1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/16/2023 110.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5023636357 COMM DEV LEASE 01.21.23-02.20.23 01/26/2023 01/26/2023 0.00 110.88

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00330 - FOR AP 2/16/2023
2/16/2023 2:50:29 PM Page 7 of 8
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 52 40 0.00 727,072.02
Packet Totals: 52 40 0.00 727,072.02

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00330 - FOR AP 2/16/2023
2/16/2023 2:50:29 PM Page 8 of 8
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -727,072.02
Packet Totals: -727,072.02

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) 2/22/2023 3:56:58 PM Page 1 of 7
Payment Register
City of Arvin APPKT00334 - FOR AP 2/22/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
5,066.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 5,066.45
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7593 UNIT 301 OIL CHANGE AND SERVICING 02/13/2023 02/13/2023 0.00 5,066.45 1292
Vendor Number

CANON FINANCIAL SERVICES INC
Total Vendor Amount
809.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 809.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 30005380 PRINTER LEASE FOR CH, FIN TRLR, & TRANSIT FEB 2023 02/09/2023 02/09/2023 0.00 809.89 1205
Vendor Number

CLEAN CUT LANDSCAPE MANAGEMENT INC
Total Vendor Amount
3,725.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 3,725.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3985 ARVIN LANDSCAPE & MAINT LLMD NO. 1 JANUARY 2023 01/31/2023 01/31/2023 0.00 3,000.00 3986 ARVIN LANDSCAPE & MAINT LLMD NO. 2 JANUARY 2023 01/31/2023 01/31/2023 0.00 725.00 1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
168.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 168.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2228487 CHIRO SVCS MARCH 2023 02/08/2023 02/08/2023 0.00 168.79 1176
Vendor Number

CORELOGIC SOLUTIONS LLC
Total Vendor Amount
200.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 200.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 30650713 KERN ONLINE DATA PARCEL MAPS JAN 2023 01/31/2023 01/31/2023 0.00 200.00 1060
Vendor Number

DOLORES HUERTA FOUNDATION
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $450 REIMBURSEMENT OF $450 DEPOSIT FOR VETS HALL 02/17/2023 02/17/2023 0.00 450.00 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
11,520.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 11,520.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE 2 INVOICE 2 02/21/2023 03/01/2023 0.00 11,520.00

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00334 - FOR AP 2/22/2023
2/22/2023 3:56:58 PM Page 2 of 7
1153
Vendor Number

JAS PACIFIC
Total Vendor Amount
1,500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 1,500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PC 6513 PLANNING SVCS JANUARY 2023 02/05/2023 02/05/2023 0.00 1,500.00 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
2,756.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 2,756.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8014 UNIT 293 ENGINE OIL CHANGE 02/04/2023 02/04/2023 0.00 201.79 8015 UNIT 283 FUEL INJECTOR REPLACED 02/07/2023 02/07/2023 0.00 907.84 8016 UNIT 280 OIL CHANGE / FILTER REPLACED 02/08/2023 02/08/2023 0.00 508.49 8017 UNIT 294 ENGINE OIL CHANGE 02/08/2023 02/08/2023 0.00 838.06 8018 UNIT 291 REPAIR EXHAUST 02/09/2023 02/09/2023 0.00 300.00 1544
Vendor Number

JUAN MANUEL BETANCOURT
Total Vendor Amount
21,800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 21,800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000610 INSTALL 7 POSTS W/CONCRETE, PIPE FENCING + 2 GATES 02/22/2023 02/22/2023 0.00 21,800.00 1025
Vendor Number

KAISER PERMANENTE
Total Vendor Amount
20,356.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 20,356.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUIK 690201404 MARCH 2023 MEDICAL MARCH 2023 02/22/2023 02/22/2023 0.00 20,356.80 1087
Vendor Number

KERN ECONOMIC DEVELOPMENT
Total Vendor Amount
10,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 10,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9073 PUBLIC ANNUAL MEMBERSHIP OCT22-SEPT2023 10/01/2022 10/01/2022 0.00 10,000.00 1164
Vendor Number

KERN MACHINERY
Total Vendor Amount
23,280.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 23,280.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101-1023188 BLADE FOR JOHN DEERE LAWN MOWERS 01/26/2023 01/26/2023 0.00 606.20 INV0000609 New JackRabbit Co-Jack Rodent Control System 02/22/2023 02/22/2023 0.00 22,674.30 1096
Vendor Number

LEAGUE OF CA CITIES SSJVD
Total Vendor Amount
188.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 188.45
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8012 SSJVD MEMBERSHIP DUES 2023 01/18/2023 01/18/2023 0.00 188.45 1097
Vendor Number

LIEBERT CASSIDY WHITMORE
Total Vendor Amount
1,487.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 1,487.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 227986 CLIENT/MATTER NO: AR100-00001 OCT 2022 10/31/2022 10/31/2022 0.00 1,105.00 233978 CLIENT/ MATTER AR 100-00001 JANUARY 2023 01/31/2023 01/31/2023 0.00 382.50

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00334 - FOR AP 2/22/2023
2/22/2023 3:56:58 PM Page 3 of 7
1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
400.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 400.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14000435 UNIT 555 MUSTANG NEW TIRE DUE TO PUNCTURE 01/30/2023 01/30/2023 0.00 400.00 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount

66.94 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 66.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 695259 BIN RENT AND 4 YD ROLL OFF JANUARY 2023 02/10/2023 02/10/2023 0.00 66.94 1199
Vendor Number

MUNISERVICES / AVENU
Total Vendor Amount
778.27
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 778.27
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV06-015853 SUTA CA- Q3, 2022 SERVICES FOR TAX QUARTER 01/31/2023 01/31/2023 0.00 174.84 INV06-015881 STARS CA-Q3 2022 CLEARVIEW/ STARS SERVICES 02/03/2023 02/03/2023 0.00 603.43 1340
Vendor Number

NATHAN M HODGES
Total Vendor Amount
13,135.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 13,135.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 488 LEGAL FEES JANUARY 2023 02/06/2023 02/06/2023 0.00 13,135.70 1425
Vendor Number

NEXTALK INC
Total Vendor Amount

47.50 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 47.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10836 INTERPRETING USAGE JANUARY 2023 01/31/2023 01/31/2023 0.00 47.50 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount
356.68
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 356.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32418 BUS #211 NEW TIRE MOUNTED 02/16/2023 02/16/2023 0.00 356.68 1108
Vendor Number
PG & E
Total Vendor Amount
14,697.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 14,697.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ELEC SVC 01.11.23-02.09.23 ELEC SVC 01.11.23-02.09.23 02/10/2023 02/10/2023 0.00 14,697.40 1114
Vendor Number

PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
1,283.04
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 1,283.04
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARV- JANUARY 2023 ARV-JANUARY 2023 02/08/2023 02/08/2023 0.00 1,283.04

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00334 - FOR AP 2/22/2023
2/22/2023 3:56:58 PM Page 4 of 7
1112
Vendor Number

PURCHASE POWER
Total Vendor Amount
502.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 502.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount METER ADD 2.12.23 METER ADD 2.12.23 02/12/2023 02/12/2023 0.00 502.99 1547
Vendor Number

REEVES COMPANY, INC
Total Vendor Amount
308.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 308.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 465163 #169 ENGRAVED NAMEPIN QUANTITY 21 EA 02/06/2023 02/06/2023 0.00 308.14 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount
1,696.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 1,696.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1722 RADIO DISPATCH SCREENS / WORK STATION MONITORS 02/03/2023 02/03/2023 0.00 1,696.70 1202
Vendor Number

SINTRA GROUP
Total Vendor Amount
712.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 712.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2023123 BACKGROUND INVESTIGATION HUBER , ADAM 02/10/2023 02/10/2023 0.00 712.50 1129
Vendor Number

SUN RIDGE SYSTEMS
Total Vendor Amount
15,874.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 15,874.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7375 RIMS ANNUAL SUPPORT SERVICES NOV 2022-NOV 2023 11/30/2022 11/30/2022 0.00 15,874.00 1553
Vendor Number

VANESSA GARCIA
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount MEALS FOR TRAINING MEALS FOR TRAINING 2/26/23-3/02/2023 02/13/2023 02/13/2023 0.00 300.00 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
168,233.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 168,233.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000076069 O & M SERVICES WASTEWATER DECEMBER 2022 01/25/2023 01/25/2023 0.00 168,233.60 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
308.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 308.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5023726597 LARGE COPIER LEASE COMM DEV 01.29.23-02.27.23 02/02/2023 02/02/2023 0.00 184.37 5023726598 COMM DEV LEASE 01.30.23-02.27.23 02/02/2023 02/02/2023 0.00 124.49

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00334 - FOR AP 2/22/2023
2/22/2023 3:56:58 PM Page 5 of 7
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 02/22/2023 800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000597 APOA Dues 02/17/2023 02/17/2023 0.00 800.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
927.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 927.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000598 SEIU Dues 02/17/2023 02/17/2023 0.00 47.00
INV0000599 SEIU Dues 02/17/2023 02/17/2023 0.00 880.49
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/22/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000602 ALEX GHAZARIAN 02/17/2023 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 02/22/2023 416.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000601 C# BCL-21-012888, F#22-02218, RICARDO MADRIGAL 02/17/2023 03/15/2023 0.00 416.78

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00334 - FOR AP 2/22/2023
2/22/2023 3:56:58 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 40 31 0.00 322,011.88
Packet Totals: 40 31 0.00 322,011.88
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check54 0.00 2,444.27
Packet Totals:
54 0.00 2,444.27

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.) Payment Register APPKT00334 - FOR AP 2/22/2023
2/22/2023 3:56:58 PM Page 7 of 7
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -324,456.15
Packet Totals: -324,456.15

4.A.1
Attachment: Demand Register(s) of February 10, 2023 - February 23, 2023 (Demand Register(s) of February 10, 2023 - February 23, 2023.)

4.B.1
Attachment: Payroll Register(s) of February 17, 2023 (Payroll Register(s) of February 17, 2023.)

4.B.1
Attachment: Payroll Register(s) of February 17, 2023 (Payroll Register(s) of February 17, 2023.)

4.B.1
Attachment: Payroll Register(s) of February 17, 2023 (Payroll Register(s) of February 17, 2023.) Arvin City Council Meeting Minutes – February 14, 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
FEBRUARY 14, 2023
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: All present; CM Reyes arrived late during Item 2, Public Comments.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion MPT Borelli Second CM Horton Vote 4-0

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.

Resolution No. 2023-06
E. Approval of A Resolution of the City Council of the City of Arvin Approving the Sale of Equipment Declared as Surplus.

Resolution No. 2023-07
F. Approval and Adoption of the Emergency Services / Deputy Chief Scope of Work and Employment Agreement.

Agreement No. 2023-02

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of February 14, 2023 (Minutes of the Regular Meeting(s) of February 14, 2023.) Arvin City Council Meeting Minutes – February 14, 2023

Page 2 of 4 ends

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.

Agreement No. 2022-29
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.

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

Motion CM Horton Second MPT Borreli Vote 5-0

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.

Hearing opened.

Public Testimony: Applicant, Petrus Tjandra and Applicant’s Architect, Bruce Keith requested the Council consider waiving or offering a decrease to the traffic impact fees as it will place a strain on their project.

Motion to table the hearing to the next regular City Council meeting of February 28, 2023.

Motion MPT Borreli Second CM Murillo Vote 5-0
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)

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of February 14, 2023 (Minutes of the Regular Meeting(s) of February 14, 2023.) Arvin City Council Meeting Minutes – February 14, 2023

Page 3 of 4 ends

Staff recommends to open the hearing, allow for public testimony, close the hearing, and approve the Resolution.

Motion to table the hearing to the next regular City Council meeting of February 28, 2023.

Motion CM Horton Second MPT Borreli Vote 5-0

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 to approve removing MPT Borreli and to appoint another Council Member to serve as the Alternate Board Member for Kern Council of Governments.

Motion CM Horton Second MPT Borreli Vote 5-0
Mayor Trujillo nominated Council member Murillo.

Mayor Pro Tem Borreli nominated Council member Murillo.

Vote 5-0
New Alternate Board Member for Kern Council of Governments is Councilmember Juan Murillo.

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 5B.

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).)

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of February 14, 2023 (Minutes of the Regular Meeting(s) of February 14, 2023.) Arvin City Council Meeting Minutes – February 14, 2023

Page 4 of 4 ends

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)
CLOSED SESSION REPORT BY CITY ATTORNEY:
8A) No reportable action.
8B) Direction was given to the City Manager for one case. No reportable action was taken related to all other cases.

9. ADJOURNED @ 7:45PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of February 14, 2023 (Minutes of the Regular Meeting(s) of February 14, 2023.) Staff Report Arvin Chamber of Commerce Wildflower Festival 2023

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: February 28, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Approval of Special Event Application for the Arvin Chamber of Commerce Wildflower Festival to be Held at Smothermon Park on April 17, 2023 through April 25, 2023 (Event Dates April 20 - 23) with the Requirement to Abide by Stipulations as Set Forth by the City of Arvin and the Arvin Police Department Including Private Security Guards, Insurance, Applicable Fees, ABC Daily License Requirements and Police Department Personnel Costs of $2,402.91.

BACKGROUND:

The Arvin Chamber of Commerce has submitted a Special Event Permit Application to hold the Arvin Wildflower Festival in Smothermon Park from April 17 through April 25, 2023 (Event dates April 20 – 23, 2023). The event will include music, carnival rides, booths, and local vendors. Alcohol will also be sold at this event.

Based on the anticipated attendance and nature of the event, the Police Department will require the event coordinators to provide 10 private security guards during the event. Additionally, 2 private security guards will be required during the setup period for this event. In addition to private security, the police department will also have 2 dedicated police officers on an overtime basis. The estimated overtime cost of $2,402.91 is due payable by the Arvin Chamber of Commerce to the City of Arvin prior to commencement of the event.

Should the officers’ time not be expended due to cancellation of the event, the full cost of the officers’ time will be reimbursed to the Arvin Chamber of Commerce. Any underestimated cost for the officers’ time will be due by the Arvin Chamber of Commerce to the City and any overestimated costs will be refunded by the City to the Arvin Chamber of Commerce, either which will be due within 30 days after the event.

In addition to the cost for police officers’ time, the deposit and fees for use of the Smothermon Park Pavilion and for electrical and water hook-up will apply and are due at least 4 weeks prior to the event as stated in the Application and License Agreement for Use of City Building/Facility – Non-Profit Application. The Arvin Chamber of Commerce has provided a Certificate of Liability Insurance naming the City of Arvin, its officers, officials, employees, agents and volunteers as addition insured and includes commercial general liability and liquor legal liability coverage in the amount of $1,000,000 each occurrence and $2,000,000 in general aggregate.

4.D.1
Attachment: Staff Report - 2023 Arvin Chamber of Commerce Wildflower Festival_022823 (Arvin Wildflower Festival 2023) Staff Report Arvin Chamber of Commerce Wildflower Festival 2023

Page 2 of 2 ends

Special stipulations will be placed on the Alcoholic Beverage Control (ABC) Daily License, regulating the sale of alcohol during this event. The stipulations will include the hours alcohol can be sold, security requirements, and sales location requirements.

FINANCIAL IMPACT:

The estimated overtime cost for police services is $2,402.91, due payable by the Arvin Chamber of Commerce to the City of Arvin prior to commencement of the event.

RECOMMENDATION:

Approval of Special Event Application for the Arvin Chamber of Commerce Wildflower Festival to be Held at Smothermon Park on April 17, 2023 through April 25, 2023 (Event Dates April 20 - 23) with the Requirement to Abide by Stipulations as Set Forth by the City of Arvin and the Arvin Police Department Including Private Security Guards, Insurance, Applicable Fees, ABC Daily License Requirements and Police Department Personnel Costs of $2,402.91.

ATTACHMENTS:

Special Event Application
Certificate of Liability Insurance

4.D.1
Attachment: Staff Report - 2023 Arvin Chamber of Commerce Wildflower Festival_022823 (Arvin Wildflower Festival 2023)

CITY OF ARVIN
City Clerk's Office
200 Campus Drive
Arvin, CA 93203
Phone: (661) 854-3134- Fax: (661) 854-0817
RECEiVE
UC f O G 2022
CITY OF ARV!N

SPECIAL EVENT PERMIT APPLICATION

ONLY COMPLETED APPLICATIONS WILL BE ACCEPTED

EVENT INFORMATION
[!j Fundraiser � [g] Race/Walk
Concert Performance
Live Music
Tournament !Festival
Parade/Processions
OOfil_________ f .S-m o rN �l(,,,,ll}{) J � PA y , LI o LI · Event Title: �\Jt� W, WLOWC1fl;$TM�L EVENT DATE:APJt 2.0-2:3 - £[JZ3 Estimated Attendance Per Dav:1500 + Participants:

Admission Fee? 0 No _ Yes - Describe-.:$ 5 · OD
Actual Event H�!" # I I
P .-1 Set uo<itfs���: f !f-tf' t�A Dafem:r- ��
Date�
Location Address exa t address :

Total Number of Consecutive Days: L/ Site Plan Attached:

List any streets that require closure for this event:

Spectators:

Start Time:NaJJ.i - I I p M _ /.. Com letion Time: fl. � p1y1'-//z£;zJ Yes (&;> (Circle)

APPLICANT & SPONSORING ORGANIZATION INFORMATION
LJ Commercial fM Non-Commercial No� ,�fl, 50 I C
Fax: 1J /A,
Email: /l .
. ny professional organizer of event planner h1red by you to pro Name: Address:

Phone: Email:

If professional event organizer is applying for this permit, a letter from the Chief Officer of the organization which authorized the organizer to apply for this permit Is required •
Cell Phone:

Person 1/sted above MUST be in attendance for the duration of the event and immediately available to City officials.

Special Event Application (Rev. 04/08/2019)

Page 1 of 3 ends

4.D.2
Attachment: Special Event Permit Application Wildflower Festival 2023_Redacted (Arvin Wildflower Festival 2023)

RECEIVED
OCT 06 2022

CITY OF ARVIN APPLICANT MUST COMPLETE ALL THREE PAGES OF THIS DOCUMENT Phone number for ublic event information:

Describe parking arrangements in detail for event: Is plan attached? Yes dJo2 (circle/ Is this event No Yes- Describe W Pr:bJtll /GS IO"I
Traffic safety equipment required: D Yes - Describe
Provide a detailed traffic plan for road closures: Is plan attached: Yes . _ / �De� �sc�r�ib�e�e�nte� rt�� a�in�me�n��t�&�r�el�a�te�d�a�c�tiv�it�ies�:....i..:.,.ff�no��t-====la�i�n___;:CA=..;���tv=-=-l.L.:...-.==--....:.,.____.,;;,,c..;,,._-'-=_,,..a;>v/L/OAJ LI No
M 1tl � M Vfil/Jlt?L--
lf es - Contact erson Phone: F. � /J '!•
Will food be Yes 0 No
Will there be a n Drawin
Will there be sound amplification? 0 No Q_
"§s - Indoors Q(ves- Outdoors
0 No
Date installed: Date Removed:

Will booths, bleachers. stages or structures be erected? D No Will signs or banners be used? C No
Will there be generators, vehicles, boats or other equipment? No Will there be commercial filming of this event? e(No
Any other commercial aspects?
Additional information
Special Event Application (Rev. 04/08/2019)

Page 2 of 3 ends

Name of Su lier· rJ A
JX Yes - Describe 5"1Pr(p b
KYes - Describe BtUJ/,(J/ 5 fdc_
,g Yes- Describe-rwfo�4£f v�
D Yes- Describe

4.D.2
Attachment: Special Event Permit Application Wildflower Festival 2023_Redacted (Arvin Wildflower Festival 2023)

RE IVED
Ui:T O 6 2022
APPLICANT MUST COMPLETE ALL THREE PAGES OF THIS DOCUME 1TY OF ARVIN

I, THE UNDERSIGNED, ACKNOWLEDGE AND UNDERSTAND THAT I AM RESPONSIBLE TO COMPLY WITH THE INFORMATION, RESTRICTIONS AND CONDITIONS OF THE PERMIT WHEN ISSUED. I HEREBY

AC NOWL GE RESPONSIBILITY FOR PENAL TIES ASSOCIATED WITH NON-COMPLIANCE WITH THE P ONDITIONS. WHETHER OR NOT I AM PRESENT AT THE TIME OF THE VIOu\TION . -·(INITIALS)
I hereby certify the foregoing statements to be true and correct, and agree to defend, indemnify and hold harmless the City of Arvin, Its City Council, officers, agents, employees and volunteers from and against any and all loss, claims, damages, liability, such claim or suit arising from or in any manner connected to the request activity. I also agree, if approved, to comply with all permit conditions, and understand that failure to comply with any condition or any violation of law may result in the immediate cancellation of the event, denial of future events, and/or criminal prosecution. For events held at City parks, the park is provided on an "as Is" basis, and the City of Arvin is not responsible for any costs associated with the event. I agree that I am responsible for returning the park in its condition when first reserved. I also agree that I am responsible for payment to the City of Arvin for any damage to any and all City property including but not limited to fences, roads, trails, trees, sprinklers, or utilities that occurs due to my event.

Attachments received: [} Insurance Cert & Endorsement Page For City Use Only
POLICE DEPARTMENT: Approved: __ _ Denied: ___ _
Signature of Department Official Print Name
OFFICE OF THE CITY CLERK: Approved: __ _ Denied: ___ _
Signature of the City Clerk
Special Event Application (Rev. 04/08/2019)

Page 3 of 3 ends

Print Name
0 Plot Plan (indoor / outdoor)
Date
Date

4.D.2
Attachment: Special Event Permit Application Wildflower Festival 2023_Redacted (Arvin Wildflower Festival 2023)

4.D.3
Attachment: Certificate of Liability Insurance_Wildflower Festival 2023_022823_Redacted (Arvin Wildflower Festival 2023)

Page 1 of 3 ends

Staff Report – Special Event Permit Application for Circus Royal Spectacular_CC Mtg 022823

CITY OF ARVIN
Staff Report
Meeting Date: February 28, 2023
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jeff Jones, City Manager
SUBJECT: Approval of Special Event Permit Application for Circus Royal Spectacular for Operation of A Temporary Circus to be Held at Smothermon Park on March 7, 2023 through March 14, 2023 with the Requirements as Set Forth by the City of Arvin Including Private Security Guards, Insurance, and Applicable Fees.

BACKGROUND:

The applicant is requesting approval of a Special Event Permit Application to operate a temporary circus for approximately one week on the grounds of Smothermon Park, located on the west side of Meyers Street, south of the Langford Avenue alignment (see Exhibit 1: Site Location).

The circus is proposed to operate from March 9, 2023 to March 13, 2023, with set-up beginning on March 7, 2023 and dismantling and removal of all equipment on March 14, 2023. The circus will perform one show per day at 7:30pm on March 9
th, 10th, & 13th, and two shows on
Saturday March 11th and Sunday March 12th at 5:30pm and 7:30pm. Each show will last approximately one hour. The grounds will open to the public generally one hour before each show.

The circus utilizes a tent that measures approximately 100 feet by 45 feet and will include grandstands with seating for up to 250 people. The circus will not offer food other than popcorn.

No alcohol will be served. Two licensed security guards will be on duty during operations at the site. The circus will provide portable restrooms and will conduct cleanup and trash pickup after events.

Parking for the circus will be available in the parking lot on the west side of Smothermon Park and also on adjoining streets. Public assembly events like circuses generally require one parking space per four seats. At 250 seats up to 63 parking spaces would be needed. It is estimated that a total of 98 spaces exist in the parking lot and also along Meyer Street and Walnut Drive along the park frontages. The applicant also indicated that many of their patrons walk from surrounding neighborhoods in the cities in which they do business.

There will be about ten people who work in the circus. These individuals will live in recreational vehicles parked adjacent to the tent overnight. Electricity will be provided by a

4.E.1
Attachment: Staff Report Royal Cirus Spectacular Special Event Permit Application_022823 (Special Event Permit Application - Circus Royal

Page 2 of 3 ends

Staff Report – Special Event Permit Application for Circus Royal Spectacular_CC Mtg 022823 generator provided by the applicant. This will power the circus and associated facilities, including outdoor lighting at the site.

The project was referred to City departments for review and comment. The Police Department was contacted and expressed no concerns, though they will be monitoring the facility during shows. The Fire Department will need to inspect the site prior to any shows – to ensure that access and other fire safety issues are met.

The City will require the applicant to provide evidence of liability insurance prior to operations.

This insurance will also provide protection to the City in the event of damage to the park, or injuries to any patrons of the circus.

The project is exempt from environmental analysis and is classified as a Categorical Exemption under Section 15332 (c) of the Guidelines of the California Environmental Quality Act (CEQA).

RECOMMENDATION:

Staff recommends Approval of the Special Event Permit Application for Circus Royal Spectacular for Operation of A Temporary Circus to be Held at Smothermon Park on March 7, 2023 through March 14, 2023 with the Requirements as Set Forth by the City of Arvin Including Private Security Guards, Insurance, and Applicable Fees.

ATTACHMENTS:

Exhibit 1: Site Location
Special Event Permit Application

4.E.1
Attachment: Staff Report Royal Cirus Spectacular Special Event Permit Application_022823 (Special Event Permit Application - Circus Royal Page
3 of 3
Staff Report – Special Event Permit Application for Circus Royal Spectacular_CC Mtg 022823 Exhibit 1: Site Location

4.E.1
Attachment: Staff Report Royal Cirus Spectacular Special Event Permit Application_022823 (Special Event Permit Application - Circus Royal

4.E.2
Attachment: Special Event Permit Application Royal Circus Spectacular_022823_Redacted (Special Event Permit Application - Circus Royal

4.E.2
Attachment: Special Event Permit Application Royal Circus Spectacular_022823_Redacted (Special Event Permit Application - Circus Royal

4.E.2
Attachment: Special Event Permit Application Royal Circus Spectacular_022823_Redacted (Special Event Permit Application - Circus Royal

Page 1 of 2 ends

Staff Report First Amendment to Consultant Services Agreement – V-Max Electric

CITY OF ARVIN
Staff Report
Meeting Date: Februrary 28, 2023
TO: Arvin City Council
FROM: Christine Viterelli, Grant Writer
Jeff Jones, City Manager
SUBJECT: Approval of First Amendment to Consultant Services Agreement Between the City of Arvin, California and V-Max Electric, Inc. for Electric Vehicle Charging Station Equipment and Installation with Integration for A Cost Not to Exceed $170,021.00.

BACKGROUND:

The City of Arvin was awarded funds from the Kern Council of Governments (Kern COG) as a subcontractor of a grant administer by the California Energy Commissions under the project title Electric Vehicle (EV) Ready Communities Phase II – Blueprint Implementation. The City of Arvin is under an Amended Memorandum of Understanding dated January 19, 2023 with Kern COG to install and commission a charging station with 1 DC Fast Charger and 3 Level 2 chargers for public electric vehicle usage at the park and ride. The amended MOU increased the funds to the City from $ 99,000 to $ 130,021. Additionally, the City has available funds from the San Joaquin Air Pollution Control District from their Charge Up! program under an awarded voucher for $40,000. The city also has a match fund requirement of $ 43,340, which can be achieved through match in kind staff time for a total budget as follows:

CEC Grant (KERN COG) $ 130,021
SJVAPCD (Air District) $ 40,000
Total Grant Funds: $ 170,021
City Match (In-Kind) $ 43,340
Total Project Budget: $ 213,361
The City of Arvin has an executed contract with VMAX Electric as the lowest bidder. However, post pandemic equipment costs have risen and many charging station suppliers have stopped shipping chargers due to supply chain issues. As a result the charging station equipment pricing has risen. Staff determined that it would be appropriate to amend the agreement to V-Max Electric Inc. for costs not to exceed $170,021.00 to include related electrical upgrades to the charging station as needed and the rising costs of charging equipment. The installation and labor costs will remain the same from the contractor. This proposed amendment aligns with the updated budget from Kern COG which allows for the additional funds to be distributed to the City of Arvin to meet the rising costs of post pandemic prices.

The network fees are charged to the City every year. This is a requirement so that the City obtains the charging data reports. The City receives Low Carbon Fuel Credit funds for operating the chargers that will offset the network fees. After the initial set up cost, the network provider will bill the city directly.

4.F.1
Attachment: Staff Report First Amend to Consultant Services Agmt with V-Max Electric for EV Charging Station Equipment (First Amendment

Page 2 of 2 ends

Staff Report First Amendment to Consultant Services Agreement – V-Max Electric STAFF RECOMMENDATION:

Staff recommends approval of the First Amendment of to Consultant Services Agreement Between the City of Arvin, California and V-Max Electric, Inc. for Electric Vehicle Charging Station Equipment and Installation with Integration for A Cost Not to Exceed $170,021.00.

FINANCIAL IMPACT:

Costs are covered by:
1) California Energy Commission and Kern COG Electric Vehicle (EV) Ready Communities Phase II – Blueprint Implementation
2) San Joaquin Valley Air Pollution Control District Charge Up! Voucher 3) City Match In Kind (Staff Hours)
ATTACHMENTS:

First Amendment to Consultant Services Agreement Between the City of Arvin, California and V-Max Electric, Inc.

4.F.1
Attachment: Staff Report First Amend to Consultant Services Agmt with V-Max Electric for EV Charging Station Equipment (First Amendment

Page 1 of 18 ends

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
AGREEMENT NO. _________

FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT

BETWEEN THE CITY OF ARVIN, CALIFORNIA AND V-MAX
ELECTRIC, INC. FOR ELECTRIC VEHICLE CHARGING STATION
EQUIPMENT AND INSTALLATION WITH INTEGRATION.

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

RECITALS
The City requires outside assistance to provide the following services:

Purchase of electric vehicle (EV) charging equipment and installation to include but not limited to one (1) DC Fast Charger and three (3) Level 2 Chargers to existing charging infrastructure at the project site, 200 Plumtree Drive and other related electrical services as needed corresponding to this 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 day, month and year 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” 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 final data and reports no later than September 1st, 2023 unless an extension of time is mutually agreed to by both parties in writing.

4.F.2
Attachment: PSA VMax Revised 02.28.23 [Revision 1] (First Amendment to Consultant Service Agmt with V-MAX for EV Charging Stations)

Page 2 of 18 ends

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

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

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

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

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

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

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

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

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

3. PAYMENT FOR SERVICES (ATTACHMENT B).

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

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

4.F.2
Attachment: PSA VMax Revised 02.28.23 [Revision 1] (First Amendment to Consultant Service Agmt with V-MAX for EV Charging Stations)

Page 3 of 18 ends

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

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

4. SUBCONTRACTING.

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

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

5.1. Attachment C 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 or Amended Agreement, describing in detail the revision to Scope of Work, revisions in payment and/or time, fully executed by both parties.

Failure to obtain a Change Order prior to the commencement of any revision waives Contractor’s right to payment for such additional services.

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7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. The city designates the 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 and authorization of documents.

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 Consultant.

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

9. TERMINATION OF AGREEMENT.

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

9.2. Termination for Breach of Contract.

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

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

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

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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 T 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 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

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of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Article 8 Termination for Convenience.

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

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

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

11. OWNERSHIP OF DOCUMENTS.

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

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

12. INDEPENDENT CONTRACTOR.

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

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

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in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant's work, including indemnity and insurance requirements.

13. HOLD HARMLESS AND INDEMNIFICATION.

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

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

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

13.4. Other than in the performance of professional services by a design professional, which law shall be solely as addressed in subparagraph 13.3 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,

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and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

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

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

15. INSURANCE.

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

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

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

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

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

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Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.

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

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

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

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

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

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

16. DISPUTES.

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

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

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

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

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

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

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

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

18. CONSULTANT’S BOOKS AND RECORDS.

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

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

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

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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: V-Max Electric, Inc.

Attn: Shawn Herman
7812 Fruitvale Ave.

Bakersfield, CA 93308
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.

20. GENERAL PROVISIONS.

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

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

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

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

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.

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

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

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

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

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

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

22. ACCESS AND ACCOMMODATIONS

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

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

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

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.

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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: __________________________
Name: ________________________
Title: _________________________

Dated: _______________, 2023
ATTEST:

Cecilia Vela, City Clerk
Insert Name:

Insert Entity Type:

By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 2023
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges, City Attorney

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“ATTACHMENT “A”
Scope of Work
Consultant is to:

1. Attain the electric vehicle (EV) charging equipment needed for the project site at 200 Plumtree Drive to include but not limited to one (1) DC Fast Charger and three (3) Level 2 Chargers and corresponding products and equipment a. DCFC to include 2 port options to include Combined Charging System With 2 (CCS) charging ports and necessary parts
b. Three (3) J1772 Level 2 Charging Stations with Connectors

2. Install the products, equipment, and devices for four (4) full functioning integrated electric vehicle charging stations at the project site a. Network Integration with Green Lots or similar network, Arvin’s preexisting electric vehicle charging system, including networking fees, if applicable for new chargers

3. Provide the labor associated with purchasing, installation, and integration of products and services at the project site

4. Upgrade needed improvements to the existing system at the project site to include attainment of additional products and equipment and correlating labor and installation services. Change Orders or an Amended Contract will be required for any additional work to include upgrades and the costs associated with additional equipment and services required.

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ATTACHMENT “B”
Payment for Services
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 Equipment Quantity Description Price
DCFC 1 Dual ports needed:

CCS ports
$ 77,700.00
Level 2 Charger 3 J1772 Chargers $ 12,675.00
Installation Costs N/A To include labor
costs
$ 32,698.00
Networking Fees N/A Integration with
Green lots or
similarsoftware
$ 1,275.00/YR.

Delivery, Sales
Tax, and Other
Fees
N/A All other fees and
sales taxes
$ 9,770.35
Additional upgrades,
products, concrete
pouring, permitting,
coordination with
PGE, and all services
as needed
N/A To include
additional
installation and
labor costs
Total costs, to
include all prices
listed above, is not to
exceed $170,021.

Total costs as listed in the Described Services, plus any additional work is not to exceed $170,021.
(Attach Progress Payment Schedule)

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ATTACHMENT “C”
Project Schedule and Completion Date
• Approval by City Council June 14, 2022
• Coordination-June 18th, 2022 and ongoing through September 1, 2023 • Project Completion Deadline Date: September 1, 2023 (or sooner) • Final Invoicing Due Date: October 1, 2022 (or sooner) Neither party shall be liable for its delay or failure to perform any obligation under and in accordance with this Contract, if the delay or failure arises out of fires, floods, earthquakes, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by the party or any of the party’s Subconsultants), freight embargoes, terrorist acts, insurrections or other civil disturbances, or other similar events to those described above, but in each case the delay or failure to perform must be beyond the control and without any fault or negligence of the party delayed or failing to perform (these events are referred to in this provision as "Force Majeure Events").

Notwithstanding the foregoing, a delay or failure to perform by a Subconsultant of Consultant shall not constitute a Force Majeure Event, unless the delay or failure arises out of causes beyond the control of both Consultant and Subconsultant, and without any fault or negligence of either of them. In such case, Consultant shall not be liable for the delay or failure to perform, unless the goods or services to be furnished by the Subconsultant were obtainable from other sources in sufficient time to permit Consultant to perform timely. As used in this Contract, the term “Subconsultant” means a subconsultant at any tier. In the event Consultant’s delay or failure to perform arises out of a Force Majeure Event, Consultant agrees to use commercially reasonable best efforts to obtain the goods or services from other sources, and to otherwise mitigate the damages and reduce the delay caused by the Force Majeure Event.

4.F.2
Attachment: PSA VMax Revised 02.28.23 [Revision 1] (First Amendment to Consultant Service Agmt with V-MAX for EV Charging Stations)

CITY OF ARVIN
Staff Report
Meeting Date: February 28, 2023
TO: Arvin City Council
FROM: Megan Miller, Acting ACM/Human & Community Resources Manager Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of the Engineer II Classification, Corresponding Job Description and Salary Schedule
BACKGROUND:

The City of Arvin has over 11 million in pending and in process grants for road repairs. Many of the pending grants we have been awarded require oversight current staff cannot facilitate. As we continue to collectively work to bring the projects to completion for the community, it is clear, we need to add to the team. We are seeking approval for the Engineer II classification and corresponding job description to help facilitate the needs set forth in the grants we have been awarded.

Tasks vary from the City Engineer position and will help facilitate project oversight, assist in preparing designs for future grant projects and RFPs the city has traditionally outsourced.

STAFF RECOMMENDATION:

Approval of the Engineer II classification and corresponding job description FINANCIAL IMPACT:

Please note this position has an annual salary that is entirely cost recoverable with grant funding and in turn no impact on the city’s total personnel budget.

ATTACHMENTS:

Attachment 1: Engineer II Job Description
Attachment 2: Salary Schedule V2.28.23

4.G.1
Attachment: Staff Report Engineer II Classification, Job Description and Salary Schedule_022823 (Engineer II Classification, Job Description, City of Arvin

ENGINEER II
DEPARTMENT: CDD
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED
GRADE: 17-R

JOB SUMMARY
Under supervision, this class performs work of average difficulty involving technical and professional work making design layouts, engineering calculations, and miscellaneous studies in the Community Development Department; work involves the preparation of design layouts, sketched details for construction work, and the performing of engineering calculations for areas, loads, stresses, flows, and other technical criteria; tasks include the inspection of construction or maintenance work on public streets and other facilities; work is performed under the general supervision of the City Engineer that reviews accomplishments through conferences and inspections; and performs other work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from the City Manager and project oversite by City Engineer.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only)
• Executes original design layouts from sketched details for incorporation in completed construction drawings;
• Performs engineering calculations to determine measurements and areas of ground, loads, and stresses of structures, and gradients and flows of pipes; • Carries out inspections and oversight of construction, maintenance, and repair operations in public streets and alleys, sewers, and other public facilities; • Supervises survey parties; collects fields data for a variety of construction and maintenance projects;
• Performs or checks routine quantity calculations and makes or checks engineering estimates.
• Reviews designs, assists in estimation of projects;

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:

Training and Experience:

Graduation from an accredited college or university with a degree in civil engineering and EIT and minimum one year experience in the practice of civil engineering, or possession of a valid

4.G.2
Attachment: Engineer II (Engineer II Classification, Job Description, and Salary Schedule) Engineer II

Page 2 of 3 ends

Engineer-in-Training Certificate from the California State Board of Registration for Professional Engineers and minimum two years’ experience in the practice of civil engineering.

Preferred Qualifications:

Experience in AutoCad or Bluebeam
Experience with administration of grant funded projects Other Requirements:

Must be a United States citizen (including naturalization).

Valid California driver's license and satisfactory driving record.

Knowledge, Abilities, and Skills:

Considerable knowledge of modern principles and practices in civil engineering; considerable knowledge of modern methods and techniques in the construction and maintenance of public works.

Ability to make or check complex engineering computations quickly and accurately; ability to plan, coordinate, and supervise the work of technical subordinates.

Skill in the use and care of drafting and surveying instruments, and in the use of mathematical tables required in professional engineering work.

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.

HISTORY
Approved by:

4.G.2
Attachment: Engineer II (Engineer II Classification, Job Description, and Salary Schedule) Engineer II

Page 3 of 3 ends

Date:

4.G.2
Attachment: Engineer II (Engineer II Classification, Job Description, and Salary Schedule)

B C D E F
$ 16.76 $ 17.29 $ 17.99 $ 19.08
$ 17.99 $ 18.89 $ 19.83 $ 20.82 $ 21.86 $ 22.96
$ 18.90 $ 19.86 $ 20.84 $ 21.88 $ 22.98 $ 24.13
$ 19.86 $ 20.85 $ 21.89 $ 22.98 $ 24.14 $ 25.35
Transit Lead $ 19.86 $ 20.85 $ 21.89 $ 22.98 $ 24.14 $ 25.35 $ 22.10 $ 23.22 $ 24.37 $ 25.60 $ 26.87 $ 28.21
$ 22.10 $ 23.22 $ 24.37 $ 25.60 $ 26.87 $ 28.21
$ 22.42 $ 23.54 $ 24.71 $ 25.95 $ 27.25 $ 28.61
Police Dispatch & Records Supervisor $ 22.42 $ 23.54 $ 24.71 $ 25.95 $ 27.25 $ 28.61 $ 22.42 $ 23.54 $ 24.71 $ 25.95 $ 27.25 $ 28.61
$ 24.13 $ 25.34 $ 26.61 $ 27.94 $ 29.34 $ 30.80
$ 26.57 $ 27.90 $ 29.30 $ 30.75 $ 32.30 $ 33.90
$ 30.07 $ 31.57 $ 33.16 $ 34.82 $ 36.55 $ 38.38
17-R $ 33.26 $ 34.92 $ 36.68 $ 38.50 $ 40.44 $ 42.45
17-R $ 33.26 $ 34.92 $ 36.68 $ 38.50 $ 40.44 $ 42.45
$ 33.92 $ 35.62 $ 37.40 $ 39.27 $ 41.23 $ 43.29
Custodian $ 15.00
Animal Control $ 19.49

B C D E F
$ 27.27 $ 28.63 $ 30.06 $ 31.57 $ 33.15
$ 31.56 $ 33.14 $ 34.80 $ 36.54 $ 38.37

B C D E F
$ 30.07 $ 31.58 $ 33.15 $ 34.81 $ 36.55
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 46.78 $ 49.12 $ 51.57 $ 54.15 $ 56.86
Minimum Maximum
$ 47.50 $ 61.89
$ 52.31 $ 66.70
$ 52.31 $ 66.70
$ 84.13 $ 84.13
$ 900.00
$ 300.00
$ 300.00
Mayor Pro Tem EL-C
Council Members EL-C
Classification Range Per Month
Mayor EL-M
Assistant City Manager G
City Manager/Finance Director X
Elected Officials (Monthly)
Director of Administrative Services D
City Engineer 65 $ 44.55
Executive Tier/Exempt Hourly Schedule
Classification Range
Sr. Bldg Officer/Code Enforcement 60 $ 40.59
Lieutenant - Police Dept. 60 $ 40.59
Grants Manager 60 $ 40.59
City Planner 60 $ 40.59
Human & Community Resources Mgr 60 $ 40.59
Mid-Manager Non-Union/Exempt Hourly Schedule
Classification Range A
Financial Analyst 35 $ 28.64
Sergeant 16-A $ 30.06
Part-Time Positions
Classification Range A
Officer 13-A $ 25.97
Public Works Supervisor 17
Finance Supervisor
Engineer II
City Clerk 18
Bus Drivers 8
Accountant 15
Accounting Technician 13
Police Admin Asst. 14
10 Animal Control 12
Community Services Officer 12
13 Emergency Management Director/DC G

CITY OF ARVIN

EMPLOYEE CLASSIFICATION & SALARY SCHEDULE
Budgeted positions only
Hourly Rates
Permit Technician 13
Receptionist 5
Classification Range A
SEIU Union Positions
Public Works 9
Police Dispatchers 10

4.G.3
Attachment: SALARY TABLE V2.28.23 (Engineer II Classification, Job Description, and Salary Schedule)

Page 1 of 2 ends

Staff Report Unmet Transit Needs Hearing 2023

CITY OF ARVIN
Staff Report
Meeting Date: February 28, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: A PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF ARVIN DECLARING THERE

ARE NO UNMET TRANSIT NEEDS THAT CAN BE REASONABLY MET

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

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

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

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

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

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

5.A.1
Attachment: Staff Report Unmet Transit Needs_022823 (Public Hearing - Unmet Transit Needs 2023) Page
2 of 2
Staff Report Unmet Transit Needs Hearing 2023

FISCAL IMPACTS
There are no budget impacts at this time.

ATTACHMENTS Resolution

5.A.1
Attachment: Staff Report Unmet Transit Needs_022823 (Public Hearing - Unmet Transit Needs 2023) Reso Declaring there are no unmet transit needs 2023.

Page 1 of 2 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

DECLARING THERE ARE NO UNMET TRANSIT NEEDS THAT CAN

BE REASONABLY MET WITHIN THE CITY OF ARVIN
WHEREAS, Section 99238.5 of the Public Utilities Code requires the establishment and implementation of a citizen participation process to solicit input of transit dependent and transit disadvantaged persons, including the elderly, disabled, and persons of limited means; and WHEREAS, the City Council of the City of Arvin by way of this public hearing is complying with California Public Utilities Code 99238.5 in addressing any unmet transit need that can be reasonably met; and
WHEREAS, a public notice was given at least 30 days prior to this public hearing stating the date, place, time and specific purpose of the hearing and said public notice was published in the Bakersfield Californian newspaper; and
WHEREAS, for persons unable to attend the public hearing, the public notice provided for written and electronic comments to be received by the City Clerk; and WHEREAS, said public hearing was held at on February 28, 2023, at which time the Arvin City Council, after receiving all public testimony and any and all other public testimony (written and/or electronic) determined there were no unmet transit needs that be reasonably met.

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

5.A.2
Attachment: Reso Unmet Transit Needs Hearing_022823 (Public Hearing - Unmet Transit Needs 2023) Reso Declaring there are no unmet transit needs 2023.

Page 2 of 2 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 28 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:

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

5.A.2
Attachment: Reso Unmet Transit Needs Hearing_022823 (Public Hearing - Unmet Transit Needs 2023) Kern Council of Governments
1401 19th Streets, Suite 300 Bakersfield CA 93301 661-635-2900 Facsimile 661-324-8215 TTY 661-832-7433 www.kerncog.org December 5, 2022
Mr. Jeff Jones
Acting City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Dear Mr. Jones
Kern COG staff is preparing for its annual unmet transit needs public hearing process for fiscal year 2023-24. Our goal is to collect necessary public hearing documents from each Kern County transit operator by the end of April 2023. An April completion date allows Kern COG sufficient time to present a summary report to the Social Services Transportation Advisory Committee (SSTAC) that subsequently must make a recommendation to the Kern COG Board of Directors in a duly noticed public hearing.

Kern COG staff requests several documents from each operator to assist staff in the preparation of its unmet transit needs public hearing report including 1) copies of staff reports prepared for the City Council or County Board Meetings; 2) copies of any communications from residents regarding unmet transit needs; 3) copies and proof of the public hearing advertisement; 4) adopted public hearing minutes; and 5) the adopting resolution. Staff would appreciate a copy of any brochure or flyer used to promote the public hearing. Advertisement for the public hearing must be published (in a newspaper of local circulation) no less than thirty (30) days prior to the meeting date.

Kern COG staff has prepared a calendar to track each transit operator’s scheduled unmet transit needs a hearing. As soon as your staff has selected a date, please contact us with that information. You may phone the undersigned at (661) 635-2918 or e-mail [email protected].

Sincerely,
Irene Enriquez
Regional Planner
cc: City Clerk, Finance Director, Grants Manager

5.A.3
Attachment: Letter from Kern COG re Unmet Transit Needs 2023 (Public Hearing - Unmet Transit Needs 2023)

PUBLIC HEARING NOTICE

TRANSIT UNMET NEEDS HEARING
The Arvin City Council will hold a public hearing on Tuesday, February 28, 2023, at 6:00p.m., to receive comments related to unmet and reasonable transit needs in the City of Arvin and the surrounding county areas serviced by the Arvin Transit System.

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

Unmet Need:

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

Reasonable to Meet:

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

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

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

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

Cecilia Vela, City Clerk
Published: Bakersfield Californian, January 17, 2023
City Council of the City of Arvin Public Hearing Information Date: February 28, 2023
Time: 6:00 PM
Place: City of Arvin Council Chambers
200 Campus Drive, Arvin, CA 93203

5.A.4
Attachment: Public Hearing Notice Unmet Transit Needs English and Spanish_CC Mtg of 022823_FINAL (Public Hearing - Unmet Transit Needs

NOTICIA DE AUDIENCIA PUBLICA

ASUNTO A TRATAR

NECESIDADES DE TRANSPORTE URBANO INCUMPLIDAS
El consejo de la Ciudad de Arvin conducira una audiencia publica el 28 de Febrero, 2023 a las 6:00 de la tarde. El proposito es para recibir comentarios del publico en general relacionados con las necesidades razonables de transporte urbano e incumplidas en la Ciudad de Arvin y otras poblaciones del condado de Kern, en las cuales el sistema de transporte urbano de la Ciudad de Arvin presta el servicio.

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

Necesidad Incumplida:

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

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

Razonable de Satisfacer:

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

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

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

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

Personas incapaces de asistir pueden someter comentarios escritos y/o electrónicos hasta las 12:00p.m. en la fecha de la reunión. Atencion: City Clerk, City of Arvin, 200 Campus Drive, Arvin, CA 93203, [email protected].

Cecilia Vela, City Clerk
Published: Bakersfield Californian, January 17, 2023
Consejo de la Ciudad de Arvin - Audiencia Publica
Fecha: 28 de Febrero 2023
Hora: 6:00 PM
Lugar: Cámara del Consejo de la Ciudad de Arvin
200 Campus Drive, Arvin, CA 93203

5.A.4
Attachment: Public Hearing Notice Unmet Transit Needs English and Spanish_CC Mtg of 022823_FINAL (Public Hearing - Unmet Transit Needs

Page 1 of 8 ends

Staff Report – Vanguard Medical Appeal 02/14/2023

CITY OF ARVIN
Staff Report
Meeting Date: February 28, 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.

At their meeting of February 14, 2023, the City Council held the public hearing for this item and tabled the hearing to the following regular Council Meeting of February 28, 2023 to allow additional time for review.

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

5.B.1
Attachment: 1 CC Staff Report Vanguard Appeal PUD-SDP-2022-1100BMB_022823 (Public Hearing - Vanguard Medical Appeal)

Page 2 of 8 ends

Staff Report – Vanguard Medical Appeal 02/14/2023
(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.

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

5.B.1
Attachment: 1 CC Staff Report Vanguard Appeal PUD-SDP-2022-1100BMB_022823 (Public Hearing - Vanguard Medical Appeal)

Page 3 of 8 ends

Staff Report – Vanguard Medical Appeal 02/14/2023
Commercial
Project Site:

1.07 Acres
Refer to
Developmen
t Impact Fee
Report
Refer to
Developme
nt Impact
Fee Report
Refer to
Development
Impact Fee
Report
Refer to
Development
Impact Fee
Report
Contact Arvin
Union School
District (661)
854-6500
Contact Arvin
Community
Services District
(661) 854-2127
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:

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Staff Report – Vanguard Medical Appeal 02/14/2023
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.

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

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Staff Report – Vanguard Medical Appeal 02/14/2023
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.
“ 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

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Staff Report – Vanguard Medical Appeal 02/14/2023
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.

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

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Staff Report – Vanguard Medical Appeal 02/14/2023
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.

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:

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Staff Report – Vanguard Medical Appeal 02/14/2023
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.

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.

5.B.1
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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

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Attachment: 2 CC Reso Affirming PC Action - PUD-SDP 2022-1100BMB_022823 (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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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 28th 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:

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.

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Attachment: 2 CC Reso Affirming PC Action - PUD-SDP 2022-1100BMB_022823 (Public Hearing - Vanguard Medical Appeal)

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

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

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

5.B.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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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,

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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

5.B.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

5.B.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

5.B.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

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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.

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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

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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.

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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

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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

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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

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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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5.B.4
Attachment: Att B - Appeal Email 12-26-22 Not AAC SDP2022-1100BMB (Public Hearing - Vanguard Medical Appeal)

CITY OF ARVIN
Acknowledgement of and Affidavit of Acceptance Conditions of Approval for PDP (SDP) 2022-1100BMB – APN 190-250-06 –
Vanguard Medical
Acceptance of Conditions Form – May 2022 Page 2 of 2
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:

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

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.

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 Clinica 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.

5.B.4
Attachment: Att B - Appeal Email 12-26-22 Not AAC SDP2022-1100BMB (Public Hearing - Vanguard Medical Appeal) UDS Mapper Printout
©2022 - UDS Mapper. All Rights Reserved.
https://www.udsmapper.org

5.B.4
Attachment: Att B - Appeal Email 12-26-22 Not AAC SDP2022-1100BMB (Public Hearing - Vanguard Medical Appeal) ZCTA Post Office
Name
State HCP: Health Center
Count (Combined) 2021
HCP: Dominant
Health Center 2021
Pop: Total
(#)
2016-2020
Pop:

Low-Income (#)
2016-2020
HCP: Total
Patients (#)
2021
HCP: Penetration of
Low-Income (%)
HCP: Penetration of
Total Population (%)
Summary: 2 22,546 15,605 8,581 54.99 % 38.06 %
93203 Arvin CA 2 CLINICA SIERRA
VISTA
22,546 15,605 8,581 54.99 % 38.06 %
©2022 - UDS Mapper. All Rights Reserved.
https://www.udsmapper.org

5.B.4
Attachment: Att B - Appeal Email 12-26-22 Not AAC SDP2022-1100BMB (Public Hearing - Vanguard

5.B.5
Attachment: Att C - Excerpt fm IS - Sec 3.4.17 Transportation (Public Hearing - Vanguard Medical Appeal)

5.B.5
Attachment: Att C - Excerpt fm IS - Sec 3.4.17 Transportation (Public Hearing - Vanguard Medical Appeal)

5.B.5
Attachment: Att C - Excerpt fm IS - Sec 3.4.17 Transportation (Public Hearing - Vanguard Medical Appeal)

5.B.6
Attachment: Proof of Publication PHN - Vanguard Appeal CC Mtg of Feb 14, 2023_Published Jan 23, 2023 (Public Hearing - Vanguard Medical Staff Report – Environmental Justice Element – City Council Meeting of Feb. 14, 2023

Page 1 of 3 ends

CITY OF ARVIN
Staff Report
Meeting Date: February 28, 2023
TO: Arvin City Council
FROM: Jake Raper, Planning Consultant
Jeff Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Adoption of 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).

BACKGROUND:

On September 24, 2016, Senate Bill 1000 (SB 1000), the Planning for Healthy Communities Act, was signed into law mandating that cities and counties adopt an environmental justice (EJ) element or integrate EJ goals, objectives, and policies into other elements of their General Plans.

Municipalities were to adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.

Cities and Counties are required to adopt an Environmental Justice Element when it is determined that the jurisdiction is a Disadvantaged Community. Utilizing the program identified as the CalEnviroScreen 4.0, it was determined that the City of Arvin and its surrounding area meets one or more of the criteria established by the State of California, refer to the CalEnviroScreen 4.0 Map Results.

At their meeting of February 14, 2023, the City Council tabled this hearing to the following regular Council Meeting of February 28, 2023.

The General Plan Environmental Justice Element sets forward goals and policies related to ensuring environmental justice in the City. In adopting the Environmental Justice Element, the City is ensuring that decisions related to land use and development are made in an equitable manner and take into consideration the health and well-being of our most vulnerable populations.

The key environmental justice topic areas and policies contained in the element are:

1.1 Public Input and Capacity Building

1.2 Land Use and the Environment

1.3 Mobility and Active Living

1.4 Healthy and Affordable Housing

5.C.1
Attachment: 1 Staff Report Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element) Staff Report – Environmental Justice Element – City Council Meeting of Feb. 14, 2023

Page 2 of 3 ends

General Plan Consistency
The General Plan serves as a blueprint for the physical development of the City. It sets long term physical, economic, social, and environmental goals for a jurisdiction and identifies the types of development needed to achieve those goals. The nine (9) required Elements of the General Plan (Land Use, Housing, Circulation, Conservation, Open Space, Noise, Safety, Air Quality, and Environmental Justice) and the City’s two (2) optional elements, Water Resources Element, and Community Health Element, complement each other and provide a comprehensive plan for the future of the jurisdiction.

PUBLIC OUTREACH/TRIBAL CONSULTATION:

Public Outreach:

The City Council Public Hearing was noticed on February 3, 2023 for its public hearing date of February 14, 2023.

The Planning Commission Public Hearing was noticed on January 12, 2023, for its public hearing on January 25, 2023.

The City Staff, in order to solicit public input, prepared and distributed flyers, both in English and Spanish, and distributed the flyer throughout the community. In addition, the city advertised the Planning Commission workshop, in English and Spanish, of October 18, 2022, in the Bakersfield Californian newspaper. The City Staff also posted the workshop flyers at City Hall and Planning Office. This public outreach was completed prior to the preparation of the proposed Environmental Justice Element.

On January 12, 2023, the City Clerk submitted the Public Hearing Notice advertising the Planning Commissions potential recommendation of adoption by the City Council and advertised the proposed adoption of the CEQA determination of a Categorical Exemption based upon Section 15061 (b) (3).

Tribal Consultation:

The City of Arvin requested consultation pursuant to SB 18, Government Codes Sections 65352.3 and 65352.4. These code sections require local governments to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of avoiding, protecting, and/or mitigating impacts to cultural places when creating or amending General Plans, Specific Plans, and Community Plans.

Additionally, pursuant to AB 52, Public Resources Codes Sections 21080.3.1 and 21080.3.2, as the lead agency under the California Environmental Quality Act (CEQA), the City of Arvin extended an invitation to consult on the CEQA review of the proposed Implementation – General Plan Amendments/Rezones & Development Code Text Amendment Projects for the purpose of avoiding, protecting, and/or mitigating impacts to tribal resources as defined by Public Resources Codes Section 21074(a).

Resulting responses from the Tribal Consultation concluded that no further consultation was requested from the tribes contacted.

5.C.1
Attachment: 1 Staff Report Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element) Staff Report – Environmental Justice Element – City Council Meeting of Feb. 14, 2023

Page 3 of 3 ends

ENVIRONMENTAL REVIEW
The Environmental Justice Element is a policy document. The project is exempt per Section 15061(b)(3) (General Rule) of the California Environmental Quality Act (CEQA) Guidelines because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

FISCAL CONSIDERATIONS
The Environmental Justice Element preparation was paid for by the General Fund. The city may pursue reimbursement from the State of California. The estimated cost for the staff and consultant time for the document preparation, advertisement for public workshop, publication and printing is estimated to be $15,000.00.

PLANNING COMMISSION ACTION:

The Planning Commission on January 25, 2023, conducted a public hearing providing opportunity for any and all interested persons and organizations to provide public testimony and no testimony was received.

The Planning Commission closed the public hearing and adopted resolution number 2023-01 on January 25, 2023, recommending the City Council adopt the Environmental Justice Element and to accept the CEQA Notice of Exemption.

CITY COUNCIL RECOMMENDED ACTION:

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

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).

Exhibit A
Environmental Justice Element and Appendices – February 14, 2023

ATTACHMENTS
Attachment 1 – Planning Commission Resolution 2023-01 - Recommending City Council Adopt the Environmental Justice Element
Attachment 2 – Notice of Exemption
Attachment 3 – Public Hearing Notice

5.C.1
Attachment: 1 Staff Report Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element) Reso Adopting Arvin Environmental Justice Element – Feb. 28, 2023

Page 1 of 3 ends

RESOLUTION NO. _________

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).

WHEREAS, Senate Bill 1000 (SB 1000), the Planning for Healthy Communities Act, was signed into law mandating that cities and counties adopt an environmental justice (EJ) element; and
WHEREAS, The Planning Commission on January 25, 2023, conducted a public hearing providing opportunity for any and all interested persons and organizations to provide public testimony and no testimony was received; and
WHEREAS, The Planning Commission closed the public hearing and adopted Resolution number APC 2023-01 on January 25, 2023 recommending the City Council adopt the Environmental Justice Element and to accept the CEQA Notice of Exemption; and WHEREAS, The city advertised the City Council public hearing of February 14, 2023 on January 30, 2023, in the Bakersfield Californian newspaper; and WHEREAS, The City Council incorporates the Planning Commission Resolution number APC 2023-01 dated January 25, 2023 findings of public outreach and tribal consultation herein by reference; and
WHEREAS, the City Council conducted a duly noticed public hearing on February 14, 2023, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed Environmental Justice Element; and WHEREAS, at their meeting of February 14, 2023, the City Council tabled the hearing to the following regular Council Meeting of February 28, 2023; and WHEREAS, the Environmental Justice Element is a policy document and has been determined to be Exempt pursuant to Section 15061(b) (3) (General Rule) of the California Environmental Quality Act (CEQA); and
WHEREAS, the policies of the Environmental Justice Element are compliant with requirements of the State laws and is consistent with the policies of the other General Plan Elements of the City of Arvin; and
WHEREAS, the City Council of the City of Arvin hereby adopts the Environmental Justice Element.

5.C.2
Attachment: 2 Reso Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element) Reso Adopting Arvin Environmental Justice Element – Feb. 28, 2023

Page 2 of 3 ends

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 find, on the basis of the whole record before the Council and any comments received and the responses to said comments, that there is not substantial evidence that the project will have a significant, adverse effect on the environment and accept CEQA determination of a Categorical Exemption per Section 15061(b)(3) (General Rule) of the California Environmental Quality Act (CEQA).

3. The City Council upon consideration of the Planning Commission’s recommendation, Planning Staff report and community input adopts the Environmental Justice Element and its attachments as shown as Exhibit A.

4. The City Council hereby directs the City Clerk file the CEQA Notice of Exemption with the Kern County Clerk’s Office and that the City Planner file the Notice of Exemption with the State Clearinghouse.

5. This Resolution shall become effective immediately upon adoption by the City Council.
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5.C.2
Attachment: 2 Reso Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element) Reso Adopting Arvin Environmental Justice Element – Feb. 28, 2023

Page 3 of 3 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 28th 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:

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

5.C.2
Attachment: 2 Reso Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element)

Page 1 of 1 ends

NOTICE OF EXEMPTION
Filing of Notice of Exemption
in Compliance with Section 15061(b)(3) General Rule
of the California Environmental Quality Act –
Environment Justice Element – 2023
Place in project file until approved – then file with Kern County Clerk

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

TO: COUNTY CLERK
County of Kern,
1115 Truxtun Ave. 1st Floor,
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office, 661-854-0817 Fax
Project title: Environment Justice Element 2023
Description of Nature, Purpose, and Beneficiaries of Project: On September 24, 2016, Senate Bill 1000 (SB 1000), the Planning for Healthy Communities Act, was signed into law mandating that cities and counties adopt an environmental justice (EJ) element or integrate EJ goals, objectives, and policies into other elements of their General Plans. The City of Arvin has adopted a separate element.

Project location: City Wide Assessor Parcel Number(s): N/A Name of public agency approving project: City of Arvin, CA - City Council approved on February 14, 2023 Name and person or agency carrying out the project: City of Arvin, Panning Division, Chris Soriano, City Planner
Exempt status: SECTION 15061(b)(3) General Rule
Reasons why project is exempt: Reasons to support exemption findings: This section applies only to projects which have the potential for causing a significant effect on the environment but where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The project is the adoption of the mandated Environmental Justice Element to the General Plan, a policy document. There is no substantial evidence that there are unusual circumstances (including future activities) resulting in (or which might reasonably result in) significant impacts which threaten the environment. The exceptions to the categorical exemptions pursuant to Section 15300.2 of the State CEQA Guidelines are:
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

Contact person: Chris Soriano, City Planner, 141 Plumtree Drive, Arvin, CA 93203 Signature/Title/ Date:
________________________ / February XX, 2023
Chris Soriano, City Planner
Record available to
General Public:

This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 300 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address.

Note: The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.

5.C.3
Attachment: 3 Final NOE Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element)

Page 1 of 2 ends

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

Adoption of the Arvin Environmental Justice Element, an element to the General Plan and accept CEQA determination of a Categorical Exemption per Section 15061(b)(3) (General Rule) of the California Environmental Quality Act (CEQA).

Project Description: The General Plan Environmental Justice Element sets forward goals and policies related to ensuring environmental justice in the City. In adopting the Environmental Justice Element, the City is ensuring that decisions related to land use and development are made in an equitable manner and take into consideration the health and well-being of our most vulnerable populations. The key environmental justice topic areas and policies contained in the element are:

1.1 Public Input and Capacity Building, 1.2 Land Use and the Environment, 1.3 Mobility and Active Living, and 1.4 Healthy and Affordable Housing
CEQA Determination: City Council may at the conclusion of the public hearing adopt CEQA determination of a Categorical Exemption per Section 15061(b)(3) (General Rule) of the California Environmental Quality Act (CEQA) for the proposed Environmental Justice Element.

Applicant: City of Arvin
Location: The proposed Environmental Justice Element will be a new element of the General Plan.

PURPOSE OF PUBLIC HEARING: The purpose of the hearing is for the City Council to receive pubic input and consider the Planning Commission’s recommendation in the adoption of the proposed Environmental Justice Element which will ensure that decisions related to land use and development are made in an equitable manner and take into consideration the health and wellbeing of our most vulnerable populations.

Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines, Section 15061(b)(3) (General Rule) of the California Environmental Quality Act (CEQA). The Notice of Exemption is on file at the City Clerk’s Office located at 200 Campus Drive, Arvin, CA 93203. The Notice of Exemption will be filed with the Kern County Clerk upon Arvin City Council Hearing Information
Date: February 14, 2023
Time: 6:00 PM
Place: City of Arvin Council Chambers
200 Campus Drive, Arvin, CA 93203

5.C.4
Attachment: 4 CC PHN Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element)

Page 2 of 2 ends

adoption of the Environmental Justice Element by the City Council.

Additional information on the proposed Environmental Justice Element, including copies in hard copy or electronic format, may be obtained from the City Clerk’s office at Arvin City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s web site at www.arvin.org. All persons interested in this topic who would like to provide feedback or ask questions are invited to attend.

Written comments on this matter may be submitted to the City Clerk’s office until 4:00 p.m. on the date of this hearing. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].

Note: If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described in this notice, or in written correspondence delivered to the City, at or prior to, the Public Hearing (Govt. Code Sec. 65009).

Cecilia Vela, City Clerk
Published: January 30, 2023, Bakersfield Californian

5.C.4
Attachment: 4 CC PHN Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element) EJ Element Cover Page and Table of Contents Page 1 of 5 Environmental Justice Element
February 14, 2023
Prepared by:

City of Arvin
Planning Division

ENVIRONMENTAL

JUSTICE

ELEMENT
City Council Resolution No. 2023- XX
February 14, 2023

5.C.5
Attachment: 5 EJ1 - Cover Pg and Table of Contents_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element) EJ Element Cover Page and Table of Contents Page 2 of 5

ENVIRONMENTAL JUSTICE

ELEMENT
City Council - January 2023
Olivia Trujillo, Mayor
Daniel Borreli, Mayor Pro Tern
Donny Horton, Councilmember
Susana Reyes, Councilmember
Juan Murillo, Councilmember
Planning Commission – January 2023
Joshlyn Horton, Chairperson
Elio Benavides, Vice Chairperson
Abdu Nagi Algabyali, Planning Commissioner
Sergio Hernandez, Planning Commissioner
Anaiza Prado, Planning Commissioner
Elvira Martinez Moreno, Alternate Planning Commissioner City of Arvin – Management – January 2023
Jeffrey Jones, City Manager/Finance Director
Cecilia Vela, City Clerk
Nathan Hodges, City Attorney – Hodges Law Group
Megan Miller, Acting Assistant City Manager/Human Resources Manager Oscar Fuentes, City Engineer
Chris Soriano, City Planner

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CITY OF ARVIN – PLANNING DIVISION

CITY OF ARVIN
200 CAMPUS DRIVE
ARVIN, CA 93203
CREDITS TO:

Chris Soriano – City Planner
Realty Planners Group, Inc., Bakersfield, CA.

Tendai Mtunga- Former City Planner
Michael Brockman-Velazquez - CivicSpark Fellow, Central CA Region Christine Viterelli, City of Arvin Grants Manager
Jake Raper Jr., AICP
FEBRUARY 14, 2023

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Environmental Justice Element
City Council Resolution No. 2023 – XX
Dated: February 14, 2023

1. Introduction……………………………………………………………………………1

2. Goal………………………………………………………………………………………2

3. Background…………………………………………………………………………….2

4. Setting……………………………………………………………………………...…...2

4.1 Land Use and Transportation……………………………………………...2

4.2 Environmental Pollution…………………………………………………….2

4.3 Demographics………………………………………………………………….4

4.4 Air Quality………………………………………………………………………5

4.5 Highways and Oil Fields…………………………………………………….5

5. Objectives and Policies………………………………………………………………5

5.1 Public Input and Capacity Building………………………………………6

5.2 Land Use and the Environment……………………………………………9

5.3 Mobility and Active Living…………………………………..…...…...…...9

5.4 Healthy and Affordable Housing…………………………………………10

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• Census 2020 – Arvin and Edmundson Tract
• Excerpts – General Plan - Policies, Programs, and Objectives – General Plan Elements • CalEnviroScreen 4.0 Map Results for City of Arvin and Sphere of Influence – 2022. • Public Outreach:

1. Tribal Consultation 10-19-2022

2. Public Outreach and Notices 10-18- 2022
Resources and Reference Documents – On File at the Planning Division Office:
• Kern County – Multi-Jurisdiction Hazard Mitigation Plan – 2020 – On File at Arvin Planning Division
• Arvin Municipal Services Review – Sphere of Influence (MSR/SOI) – 2018 – On File at Arvin Planning Division
• Kern County Multi-Jurisdiction Hazard Mitigation Plan – 2021 – On File at Arvin Planning Division
• 2020 Community Air Protection Program – 2020 Community Recommendations Staff Report – San Joaquin Air Quality Ratings
• General Plan - As of 2019 – On File at Arvin Planning Division

1. Adopted by the Arvin City Council on August 21, 2012 -Resolution No. 2012-34 – Introduction, Land Use Element, Conservation and Open Space Element, Air Quality Element, Community Health Element, Implementation.

2. General Plan Updated: Resolution No. 2012-23 - Circulation Element, Resolution No. 2018-23 – Housing Element, Resolution No. 2019- 03 - Safety Element, Resolution No. 2019-09 – Land Use Element, Noise Element – 1988, Economic Development – 1988, Water Element – 2019 Resolution No. 2019-41 dated May 14, 2019

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1.0 INTRODUCTION
"Environmental justice" is defined in California law as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies (Cal. Gov. Code, § 65040.12, (e).) California is a leader in enacting laws specific to environmental justice, including laws directing funding to environmental justice communities (SB 535 and AB 1550), a law creating a community air quality protection program (AB 617), and another that requires environmental justice to be addressed in local government planning (SB 1000). In addition, the California Environmental Protection Agency and its Office of Environmental Health Hazard Assessment have developed an easy-to-use web-based screening tool called CalEnviroScreen that the public and government can use to help identify communities that are disproportionally burdened by multiple sources of pollution. These agencies have also documented the disproportionate impacts of climate change on environmental justice communities.

In an effort to address the inequitable distribution of pollution and associated health effects in lowincome communities and communities of color, the Legislature passed and Governor Brown signed SB 1000 in 2016, requiring local governments to identify environmental justice communities (called “disadvantaged communities”) in their jurisdictions and address environmental justice in their general plans. This new law has several purposes, including to facilitate transparency and public engagement in local governments’ planning and decisionmaking processes, reduce harmful pollutants and the associated health risks in environmental justice communities, and promote equitable access to health-inducing benefits, such as healthy food options, housing, public facilities, and recreation (Office of the Attorney General, California Department of Justice).

In general, environmental justice is a concept that seeks to minimize and equalize the effect of environmental hazards among all people regardless of race, ethnicity or income level.

The City of Arvin is identified as a “disadvantaged community” as per Senate Bill 1000 (2016), it is considered a low-income community as per AB 1550. To facilitate good planning practices and to comply with applicable law, the City is adding the Environmental Justice Element to its General Plan. The Element will be used by the Arvin City Council, other boards, commissions and agencies, developers and the general public in planning for the physical, and socio-economic development of the City.

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2.0 GOAL
An open and transparent public process that improves the quality of life relative to a cleaner and healthier environment. Environmental justice policies and laws are established to ensure that all people, regardless of race, color, national origin or income, have equal protection from environmental hazards where they live, work and play. Furthermore, all people should have the equal ability to participate in, and influence, the decision-making process regarding environmental regulations.

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3.0 BACKGROUND
The Environmental Justice Element is a component of the City of Arvin General Plan. As outlined in the California General Plan Guidelines, environmental justice is a subject that should be addressed in the General Plan either through integration into the seven mandatory elements of the plan, or as an optional element. The City has elected to adopt a separate Environmental Justice Element. As provided by California General Plan law, the Element has the same weight as the mandatory elements of the general plan and is internally consistent and compatible with the other elements.

In addition to the Environmental Justice Element, other existing elements of the General Plan also address environmental justice objectives.

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4.0 SETTING

4.1 Land Use and Transportation:

The arrangement of land use and transportation can affect the healthfulness of an area because it affects exposure to environmental hazards, accessibility to daily needs and the ability to be physically active. Existing land uses in Arvin are primarily residential with commercial, industrial, agricultural, and open space uses. In general, historic land use patterns led to the existing mix of uses.

The Land Use Element outlines the land use plan for the City. The plan was developed based on sound planning practices. The City of Arvin, main business corridor, is located on significant transportation corridor, Hwy 223, Bear Mountain Boulevard. The Zoning Map and Ordinance contains detailed development regulations to implement the policies of the land use plan.

A City’s circulation system, its network of highways, streets, trails and sidewalks, also influences the environmental health of an area. Inadequate circulation can make it difficult for residents to access daily needs that influence their health, such as shopping and access to public facilities. The City of Arvin, a small rural town located in the heart of California, has the building blocks to establish itself as a great community as it grows. However, the city also faces significant social and economic challenges as it looks to the future. The City's population has expanded in the past decades; however the city experienced a population decrease in 2022. The potential growth should be celebrated as a sign of increasing prosperity, as the City and its surrounding area provide employment opportunities and lifestyles that make Arvin a desirable place to live.

At the same time, growth and development bring challenges to the City by requiring additional public services and infrastructure such as parks and schools, police and fire protection, affordable housing, as well as the need to protect the environment and the area’s productive agricultural lands.

A balance must exist between these priorities if the City is to grow in a healthy and sustainable manner, and the Land Use Element seeks to achieve that balance.

The Kern Regional Blueprint Program is designed to help member cities plan for future growth and improve the quality of life through the integration of transportation, housing, land use, economic development, and environmental protection. The following are the guiding principles for the Blueprint Program:
▪ Conserve energy and natural resources and develop alternatives. ▪ Provide adequate and equitable services.
▪ Enhance economic vitality.
▪ Provide a variety of housing choices.
▪ Use and improve existing community assets and infrastructure. ▪ Use compact, efficient development and/or mixed land uses where appropriate. ▪ Provide a variety of transportation choices.
▪ Conserve undeveloped land and spaces.
▪ Increase civic and public engagement.

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4.2 Environmental Pollution:

Natural or man-made activity could result in environmental pollution. The impact and magnitude of such pollution on residents depends on the number of people most vulnerable to pollution, i.e., “sensitive receptors” (children, pregnant women, the sick and the elderly), and their socioeconomic status, such as poverty level and unemployment status. Social factors that may also contribute to increased environmental vulnerabilities include a lack of access to fresh food, lack of park and recreation opportunities, as well as an overabundance of liquor stores and fast-food facilities.

Pollution burden is measured by the presence of direct environmental threats (for example, the proximity to a toxic cleanup site, as well as exposure to other environmental threats such as air and water pollution). A number of resources are available to help identify environmental pollution, such as the State CalEnviroscreen and the Federal Environmental Justice Screening Model (EJSM). Using multiple environmental ‘indicators’ they scientifically determine what areas of the City face disproportionate environmental burdens. By identifying these areas, the City can work to mitigate existing adverse conditions and ensure that new development does not unduly impact vulnerable populations.

Community Health and Air Quality Elements
An important consideration in developing the land use policies contained in this element is the effect they will have on Arvin’s public health and air quality, two topics that are addressed in detail in the Community Health and Air Quality Elements of the General Plan. Land use policies contribute to improvements in these two areas by shaping the built environment — the physical, human-made surroundings that provide the setting in which we live, work and play. Residents’ ability to choose whether or not to drive a car, to obtain healthy food, and to incorporate physical activity into their daily routines are influenced by three important characteristics of the built environment: development patterns, site and building design, and the design of streets and public spaces.
▪ Development patterns that incorporate a variety of housing types and locate jobs and services close to neighborhoods can contribute to healthier lifestyles and reduce reliance on automobile travel by enabling more residents to live within walking or bicycling distance of neighborhood services.
▪ Good site design --the placement of buildings on their lots and their relationship to the street and sidewalk-- can contribute to the ease of non-automobile travel by offering safe pedestrian access and making public spaces more inviting. ▪ The design of streets and public spaces can make it easier for residents to get around without a car by including safe, pleasant sidewalks, crosswalks and bicycle paths, and can serve as a resource for residents to engage in physical activity and gather with their neighbors.

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Public Health and Safety
A sustainable approach also requires that a community develop in a way that is harmonious with its surroundings, takes into account the hazards posed by natural phenomena, and does not expose present or future residents to excessive risks. In Arvin, such risks mainly take the form of flooding during the storm season, as most of the City is situated in areas with moderate probability of significant flooding. The Land Use Element incorporates policies to guide homes and businesses away from the most flood-prone areas, emphasizing instead recreational and other uses that can be evacuated more easily in the event of an emergency.

Snapshot Exposure Maps (Kern County Multi-Jurisdiction Hazard Mitigation Planning-2021)
The included snapshot maps, displayed below in Figure 1-3 through Figure 1-6 illustrates the City of Arvin’s vulnerability to specific hazards. Figures include:
▪ Figure 1-3: City of Arvin – FEMA Flood Zone Vulnerability & Exposure Snapshot ▪ Figure 1-4: City of Arvin – EQ S. San Andreas Mojave N. Vulnerability & Exposure Snapshot ▪ Figure 1-5: City of Arvin – Subsidence Vulnerability & Exposure Snapshot ▪ Figure 1-6: City of Arvin – Drought Severity Timeline – Middle Kern-Upper TehachapiGrapevine Based on the above risk assessment, the snapshot maps focus on those hazards prioritized by the jurisdiction. These maps helped the Planning Team understand the exposure of population, parcels, and critical infrastructure to specific hazards. Each map contains an exposure summary that displays the percent of the population, the improvement and content value of parcels, and the amount of critical infrastructure that is exposed to each respective hazard.

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Future Development
City of Arvin is required to update building codes to meet the minimum standards to those required in the California Building Code last updated in 2019. California Building Codes provide some of the safest construction standards in the world and are meant to reduce risk to occupants from high wind, seismic activity, landslides, flood, wildfire, and other natural hazards. In addition to California minimum develop standards, all jurisdictions belong to the NFIP, as such, all development must meet minimum flood protection standards set forth by FEMA. See Section 4.3.5 of Volume 1 for more information about past and future development in Kern County.

As the General Plan is updated and incorporates information from this HMP, City of Arvin staff are continually improving hazard information through these hazard mitigation plan updates. With this 2020 update, improved online mapping about

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natural hazards available on RAMP will inform those responsible for future development to make better decisions where and how future development occurs.

City of Arvin reviewed its general plans under the capability assessments undertaken for this hazard mitigation plan. See Section 1.5.1. Deficiencies revealed by these reviews are identified as mitigation actions to decrease risks to move beyond past trends.

The City’s municipal codes includes regulations to mitigate the impact of hazards on new and existing development, including:
▪ Drainage and stormwater retention requirements,
▪ Steep slope restrictions for new development,
▪ Waterbody buffer requirements,
▪ Floodplain management regulations,
▪ Zoning that prevents development in hazardous areas of the community such as floodplains, landslide areas, the wildland-urban interface (WUI), or other known hazard areas, and ▪ Building codes that include the most up-to-date California Fire Code, seismic standards, and many other provisions crafted to protect new construction from hazard events.

Even in the event that limited development did occur within a hazard area, the municipal code should ensure impacts from a hazard event are mitigated and losses are minimal. If development does occur in hazard areas, evacuation and emergency planning should take into consideration the anticipated local impacts of the hazard event, including potential interrupted services or the elimination of access.

The anticipated growth in the City will not cause significant change in vulnerability to the City for identified priority hazards.

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4.3 Demographics:

As per the 2021 Population Estimates, Arvin had an estimated total population of 19,522. The racial makeup of Arvin was 688 (3.52) White; African American, 133 (0.68%); Native American; 82 (0.42%); Asian 302 (1.55%) ; and Native Hawaiian or other Pacific Islander; 0 (0%) from some other races; accounting for 100% of the population. Hispanic or Latino of any race were 18,317 people (93.83%).

Racial & Ethnic Population - 2021
Race/Ethnicity Population Percent (%)
White Alone 688 3.52
Black or African American 133 0.68
American Indian/Alaska Native 82 0.42
Asian 302 1.55
Native Hawaiian and other Pacific
Islander
0 0.0
Hispanic (any race) 18,317 93.83
TOTAL: 19,522 100%
Two or more races 1,157 5.93%
According to Census 2021, there were 4,711 households at an average density of 4,045 per square mile and an average person per household was 4.48. Of the occupied units, 2,369 (50.3%) were owner-occupied and 2,341(49.7%) were renters.

Most common occupations in 2021 were as follows:

Economy
In civilian labor force, total, percent of population age 16 years+, 2016-2020 60.2% In civilian labor force, female, percent of population age 16 years+, 2016-2020 48.3% Total accommodation and food services sales, 2017 ($1,000)(c) 12,898 Total health care and social assistance receipts/revenue, 2017 ($1,000)(c) 14,115 Total transportation and warehousing receipts/revenue, 2017 ($1,000)(c) 2,783 Total retail sales, 2017 ($1,000)(c) 121,319
Total retail sales per capita, 2017(c) $5,820
Income and poverty range in 2021 for Arvin were as follows:

Income & Poverty
Median household income (in 2020 dollars), 2016-2020 $39,750 Per capita income in past 12 months (in 2020 dollars), 2016-2020 $11,636 Persons in poverty, percent 32.0%

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4.4 Air Quality:

The American Lung Association’s 2020 “State of the Air” report found California cities continue to dominate the rankings of the nation’s most polluted widespread air pollutants (ozone and particle pollution) both of which can be deadly. Bakersfield was the third worst polluted city in the nation for Ozone; second worst for short-term particle pollution; and first among year-round particle pollution. While the statistics for other cities in Kern County are not readily available, all cities in Kern County, including Arvin, are impacted to a greater or lesser degree by environmental pollution.

The Community Air Protection Program – 2020 Community Recommendations Staff Report – California Air Resources Board, November 20, 2020 provided a number of recommended programs for City of Arvin and Lamont Community. For the purposes of this report, the two areas share common circumstances and are treated as one planning area and recommended programs.

In 2018, the CARB Governing Board adopted the Community Air Protection Blueprint that established Program elements to accomplish AB 617 requirements and selected 10 communities for development of a community emissions reduction program, monitoring plan. Staff recommended “The Arvin, Lamont Community in the SJVAPCD be selected to develop both a community Air monitoring and emissions reduction programs. The cities of Arvin and Lamont are small communities are located at the base of the Tehachapi Mountain range, which acts as a trap for air pollution. A high cumulative exposure burden, a significant number of sensitive receptors, and the census tract for the entire community have been designated as disadvantaged communities. Arvin and Lamont areas are highly affected by regional and local air pollution sources, which includes large scale agricultural practices, concentrated warehouse distribution centers, and oil and gas farm development.

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4.5 Highways and Oil Fields:

State Highway 223 (Bear Mountain Boulevard), a east-west corridor, run through the City of Arvin. The core of the City’s commercial center runs along this corridor. The corridor currently begins at Comanche Drive on the west and ends a Tejon Highway (Derby Street). The Future City’s Circulation System has identified its planned road network systems that provide for pedestrian and vehicular circulation systems. The Circulation Element provides an overview of the air quality issues and proposes a number of policies and programs that assist in the reduction to the exposure of air quality to residents. The motor vehicle emissions from these roads generate carbon monoxide, nitrogen oxides, particulate matter and hydrocarbons that react in sunlight to form ozone.

According to the California Air Resources Board (ARB), living close to high traffic volume roads can increase the incidence of respiratory diseases and other adverse health effects, especially affecting lung health. This element provides policies to reduce the exposure of residents to traffic-related pollution.

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The limited number of oil rigs and operations are limited with the City limits of Arvin. There are several oil rigs and operations within the city’s sphere of influence. As development occurs, the City works closely with the State of California Department of Conservation, Geologic, Energy Management Division, CalGEM, to ensure that residential development does not occur on top of nor adjacent to either existing or abandon oil wells. The City update Title 17 Zoning by the adoption of Chapter 17.46 Oil and Gas Code that provides permitting procedures and oil well abandonment procedures that protect existing and future residents from potential negative effects of oil and gas extraction.

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5.0 OBJECTIVES AND POLICIES
Environmental Justice encompasses several inter-related topics. Topics of concern to the City of Arvin are addressed as follows:

1. Public Input and Capacity Building;

2. Land Use and the Environment;

3. Mobility and Active Living; and

4. Healthy and Affordable Housing.

Each topic is presented below with a description, an objective (what the City wishes to achieve), and policies to accomplish the objective. Together, the objectives and policies are expected to resolve the perceived, or real, environmental justice conflicts with regards future proposals for development, public participation and provision of city services.

5.1 Public Input and Capacity Building
Disadvantaged members of a community often do not have a meaningful voice in decisions that affect their environment. The causes of this are many, including cultural and language barriers, the lack of information, inadequate training, lack of exposure to the decision-making process and officials who aren’t informed about issues of concern for those members of the community. The Environmental Protection Agency (EPA) identifies community capacity building as efforts to engage disadvantaged populations to help them better identify and meet the needs of their areas.

It includes building on existing skills, providing education on issues and processes and helping them communicate effectively in the public realm. At the individual level, capacity building focuses on the development of conditions that allow individual participants to build and enhance existing knowledge and skills and engage in public processes. At the City level, capacity building refers to ensuring the municipal organization is responsive and accountable to all stakeholders and that officials are informed about issues of concern for the community.

Objective EJ-1: Meaningful participation in the public process by all members of the community.

Policies:

EJ-1.1: Ensure that affected residents have the opportunity to participate in decisions that impact their health.

EJ-1.2: Facilitate the involvement of residents, businesses and organizations in all aspects of the planning process.

EJ-1.3: Schedule public meetings on key issues affecting the public at times and locations most convenient to community members.

EJ-1.4: Support efforts to raise the public’s awareness of the importance of a healthy environment and physical activity.

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EJ-1.5: Educate decision makers and the general public on the principles of environmental justice.

EJ-1.6: Consult with Native American Tribes early in the process on issues that could affect culturally significant areas.

EJ-1.7: Collaborate with and among public agencies to leverage resources, avoid duplication of effort and enhance the effectiveness of public participation.

5.2 Land Use and the Environment
This section addresses environmental hazards as well as land use planning to ensure that city residents are not adversely impacted by new development where they live work and play.

Additionally, policies that address how to improve or retrofit existing hazards are included. In addition to air emissions, commercial and industrial development, and their related trucks, can also generate traffic, noise, odors, light and glare which can adversely affect residential populations.

Objective EJ-2: A reduction in disproportionate environmental burdens affecting lowincome and minority populations.

Policies:

EJ-2.1: Require that proposals for new sensitive land uses are located adequate distances from major roadways based on an analysis of physical and meteorological conditions at the project site.

EJ-2.2: Require that proposals for new sensitive land uses incorporate adequate setbacks, barriers, landscaping or other measures as necessary to minimize air quality impacts.

EJ-2.3: Provide adequate buffers between schools and industrial facilities/ transportation corridors.

EJ-2.4: Require that zoning regulations provide adequate separation and buffering of residential and industrial uses.

EJ-2.5: Designate truck routes to avoid residential areas including low-income and minority neighborhoods.

EJ-2.6: Give preference in approving commercial and industrial development to those projects that incorporate the latest technologies to reduce diesel emissions.

EJ-2.7: Build new sensitive land uses with sufficient buffering from industrial facilities and uses that pose a significant hazard to human health and safety. The California Air Resources Board recommends that sensitive land uses be located at least 1,000 feet from hazardous industrial facilities.

EJ-2.8: Ensure that low income and minority populations have equal access and influence in the land use decision-making process.

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EJ-2.9: Ensure that low-income and minority populations understand the potential for adverse pollution, noise, odor, vibrations, lighting and glare when new commercial and industrial developments are proposed.

EJ-2.10: Ensure that low-income and minority populations understand the effect of projects with toxic materials or emissions.

EJ-2.11: Initiate outreach efforts as early as possible in the decision-making process before significant resources have been invested in a particular outcome.

EJ-2.12: Provide staff and City officials training on the principals and methods of comprehensive public participation. Guidelines for how to conduct staff/official training are contained in the Cal/EPA Environmental Justice Advisory Committee Recommendations.

EJ-2.13: Monitor City facilities and its vehicle fleet to maximize energy efficiency and reduce emissions.

EJ-2.14: Request that transportation agencies incorporate noise reduction technologies when planning facilities near homes and other sensitive receptors.

EJ-2.15: Support traffic and highway techniques and technologies that reduce noise impacts of vehicular traffic through traffic calming, noise barriers, pavement design and other measures.

EJ-2.16: Support programs to promote the use of energy efficiency products and renewable energy systems.

EJ-2.17: Encourage public and private development to incorporate green building techniques such as construction waste management practices, optimization of energy efficiency measures and avoidance of toxic chemicals.

5.3 Mobility and Active Living
Mobility is a critical issue in bringing equity to both low income and disadvantaged communities.

These communities often lack access to needed resources, such as schools, health clinics and healthy food outlets. More likely than other communities to rely on public transportation, they often live-in areas with limited transit service. Increased mobility options will provide critical links and opportunities for active living.

Objective EJ-3: Increased mobility and accessibility for all residents.

Policies:

EJ-3.1: Locate medium and high-density housing near jobs, transit, shopping, schools and other needed facilities.

EJ-3.2: Increase access to shopping, jobs and healthcare facilities for low-income and minority populations.

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EJ-3.3: Balance walking, bicycling and transit use with automobile use.

EJ-3.4: Plan for the equitable distribution of public facilities and services, prioritizing new facilities in traditionally underserved areas.

EJ-3.5: Encourage transit providers to establish and maintain routes to jobs, shopping, schools, parks and healthcare facilities that are convenient to low-income and minority populations.

EJ-3.6: Implement traffic calming measures such as pop-outs and road narrowing to slow down traffic and improve pedestrian and bicycle safety.

EJ-3.7: Explore measures to encourage walking and bicycling in the City as part of daily physical activities.

EJ-3.8: Promote the use of alternate modes of transportation.

EJ-3.9: Support public and/or private shuttle systems to transport residents to grocery stores and other sources of healthy food, as resources permit.

EJ-3:10: Work with local school districts to ensure that all schools have safe and walkable routes to school.

EJ-3.11: Require new commercial and industrial development to provide bicycle facilities on-site.

EJ-3.12: Work with local school districts to provide the joint use of school properties for neighborhood parks and recreation centers.

EJ-3.13: Increase access to urban parks, green space and natural environments for traditionally underserved communities.

EJ-3.14: Provide a variety of active and passive parks and recreational activities- accessible to all residents.

EJ-3.15: Encourage the private and non-profit sectors to provide recreational opportunities in the City.

EJ-3.16: Ensure that emergency preparedness and disaster response programs serve all parts of the City.

5.4 Healthy and Affordable Housing
A major emphasis of environmental justice is ensuring that people have a healthy home environment. According to the National Human Activity Pattern Survey, Americans spend 70% of the time in their homes. Low-income and minority populations are disproportionately affected by home health hazards as their limited incomes reduce housing choices and their options for maintenance and repairs. Housing-related environmental hazards include exposure to indoor air pollution, lead-based paint, asbestos, mold and mildew. These toxins can cause developmental

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delays, asthma and allergies and other health risks. Ensuring that all residents have access to healthy homes is an important way to achieve environmental justice.

Objective EJ-4: Healthy and affordable housing opportunities for all segments of the community.

Policies:

EJ-4.1: Require new housing proposals in areas subject to unhealthful air quality to incorporate setbacks, barriers, landscaping, ventilation systems or other measures to ensure that residents are not impacted by air pollution.

EJ-4.2: Promote efforts to repair, improve and rehabilitate substandard housing.

EJ-4.3: Support the efforts of responsible public agencies to develop and implement programs to remediate lead-based paint and other contaminants in residential structures.

EJ-4.4: Require applicants of residential remodel and rehabilitation projects to remediate leadbased paint, mold and mildew and any other structural hazards.

EJ-4.5: Prioritize enforcement activities of residential structures with known health hazards.

EJ-4.6: Incentivize affordable housing through permit streamlining.

EJ-4.7: Support programs to provide rental and homeownership assistance to low-income persons.

EJ-4.8: Ensure that regulations allow community and private gardens where residents can grow healthy fruits and vegetables.

END OF DOCUMENT

5.C.6
Attachment: 6 EJ2 - Environmental Justice Element_022823 (Public Hearing - Adopting the Arvin Environmental Justice Element) Opportunities for the City of Auburn, CA
Water, Energy, Food & Waste
Prepared by John Burdette
Veolia North America
Facilities, Buildings and Service
02/28/2023

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 2 John J. Burdette III, CEM, CDSM, LEED AP
Senior Business Development Manager
Facilities & Building Services
Veolia North America
Mobile: +1-530-368-7886
Email: [email protected]

INTRODUCTIONS

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC Proposed Decision
Net Energy Metering (NEM 2.0) ∙ Reducing the economic value of going solar 50 -
75% from what it is today.
• Consumers get some of the best net metering
benefits across the country under NEM 2.0
• These benefits will come to an end with the
implementation of California’s NEM 3.0

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities In order to take advantage of this, the first
recommendation is to go solar now, if you
haven’t already. It is very likely that customers
on NEM 2.0 will not see any changes with the
new program. Experts speculate that, as
before, the CPUC will grandfather older
systems in and continue to uphold the original
agreements. This means going solar now would
most likely allow you to lock in the net metering

2.0 benefits for 20 years.

CPUC Proposed Decision
Net Energy Metering (NEM 2.0)

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 5 https://data.bls.gov/pdq

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 6 6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 7 6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 8 6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 9 VEOLIA’S PROVEN (FBS) PROGRAM PROCESS
Data
Collection,
Site Walks
and
Interviews
Discovery
Meeting
Preliminary
Analysis
Findings
Presentation
Program
Verification
&
Development
Agreement
Final
Program
Development
Contract &
Implementation
• Introduce FBS
Program
• Identify
Challenges/ Trends
• Identify Goals &
Objectives
• Action Plan
• Collect facility
information and
square footages of
your facilities.
• Collect and analyze
your utility cost and
consumption data.
• Identify any existing
technical issues or
deferred
maintenance scope
items..
• Select Scope of
Work Measures to
include in the
program
development
process
• Estimated Savings
• Estimated
Implementation
Costs
• Estimated
Greenhouse Gas
Emission
Reductions
• Verify Detailed
Scope of Work
• Funding Solution
• Identify and Apply
for Rebates,
Grants and
Incentives
• Confirm Schedule
• Review Financial
Performance
• Draft Program
Contract Review
• Finalize Funding
Solutions
• Post Two Week
Notice for CA
Government Code
4217 Compliance
• Public Hearing &
Resolution During
Regularly
Scheduled Board
Meeting
• Present Final
Guaranteed Costs
& Savings
• Board Resolution
• Execute Contract
• Implementation
• Measurement &
Verification (M&V)
• Energy Management
Services
• Hubgrade

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Solar Renewable Energy Location
● Solar Renewable Energy Generation
to be installed on ground mounted
racking systems around perimeter of
the WWTP.
● Revenue generation for the City of
Arvin through the land lease.
● Lease to fit within PPA parameters for
energy savings goals.
● Location approved by city staff and
Veolia Municipal Water.

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Land Lease Example – City of Arvin
Land Lease will provide revenue to
the City of Arvin
Land Lease will escalate at the same
rate as the Power Purchase
Agreement of 3% annually.

Land lease is compensating the City
at an above market value (2X) for the
land lease for the proposed solar
system at $0.06 per square foot or
$2,613.60 per acre, per year.

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Land Lease Example – City of Arvin
Acres
Square Feet
Per Acre
Rate Per Square
Foot
Lease Payment to the
City of Arvin
1 2024 5 43,560.00 $ 0.0600 $ 13,068.00 3.0% Annual Land Lease Escalation 2 2025 5 43,560.00 $ 0.0618 $ 13,460.04
3 2026 5 43,560.00 $ 0.0637 $ 13,863.84
4 2027 5 43,560.00 $ 0.0656 $ 14,279.76
5 2028 5 43,560.00 $ 0.0675 $ 14,708.15
6 2029 5 43,560.00 $ 0.0696 $ 15,149.39
7 2030 5 43,560.00 $ 0.0716 $ 15,603.88
8 2031 5 43,560.00 $ 0.0738 $ 16,071.99
9 2032 5 43,560.00 $ 0.0760 $ 16,554.15
10 2033 5 43,560.00 $ 0.0783 $ 17,050.78
11 2034 5 43,560.00 $ 0.0806 $ 17,562.30
12 2035 5 43,560.00 $ 0.0831 $ 18,089.17
13 2036 5 43,560.00 $ 0.0855 $ 18,631.84
14 2037 5 43,560.00 $ 0.0881 $ 19,190.80
15 2038 5 43,560.00 $ 0.0908 $ 19,766.52
16 2039 5 43,560.00 $ 0.0935 $ 20,359.52
17 2040 5 43,560.00 $ 0.0963 $ 20,970.30
18 2041 5 43,560.00 $ 0.0992 $ 21,599.41
19 2042 5 43,560.00 $ 0.1021 $ 22,247.40
20 2043 5 43,560.00 $ 0.1052 $ 22,914.82
$ 351,142.05
Year

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities

BUDGET NEUTRALITY

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 14

FUNDING SOLUTIONS
Leveraging Available Funding & Tax Incentives
Power Purchase Agreements (PPA’s)
Allows for access to private sector financing and the transfer of risk from the public entity to the private sector.

Veolia will leverage third party financing that will take full advantage of the Federal Investment Tax Credits (ITC) that will allow us to provide power at a lower cost than PG&E.

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Hubgrade Energy and Climate Action Planning Solutions • Energy Benchmarking • Historical Usage Patterns • General Load Analysis • Routine Site Visits • Project Feasibility Assessments • HVAC Scheduling & Optimization • Utility Rate Analysis and Optimization • Measurement & Verification • Commissioning, Retro-Commissioning & Continuous Commissioning
• Custom Energy, Water, Waste, and GHG Reduction Dashboards • EnergyStar Certification • LEED Certification • Staff Training • Community Awareness and Education Programs • Utility rates, incentives and rebate updates Hubgrade
Advanced Intelligence coupled with Human Experience

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 16 • County of San Louis Obispo • County of San Mateo • County of Santa Clara • Solano County • City of Oakland • City of Burbank • City of Rialto • City of Arvin • City of Rio Vista • City of Palm Springs • West Basin Municipal Water District

RECENT CALIFORNIA LOCAL GOVERNMENT

ENERGY AND WATER PROGRAM CLIENTS

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities City of Arvin Sustainability Journey
• Introduction to Veolia’s Facility & Building Services (FBS) Program 11/17/2022 • Utility and Site Data Collection 12/21/2022
• Preliminary Site Walks 12/21/2022
• Preliminary Utility Data Analysis 01/12/2023
• Presentation of the Preliminary Analysis and ECM Selection 01/24/2023 • City Council to Pass Resolution Approving Solar Location and Zero Cost 02/28/2023 Project Development
• Finalize Funding Solutions with Power Purchase Agreement 03/10/2023 • City Council Public Hearing and Resolution 03/28/2023

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Questions?

6.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar

Page 1 of 3 ends

Staff Report Authorizing Veolia to locate and install solar system at Arvin WWTF.

CITY OF ARVIN
Staff Report
Meeting Date: February 28, 2023
TO: Arvin City Council
FROM: Gerry Lemus, Veolia Water
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of A Resolution of the City Council of the City of Arvin Authorizing Veolia North America to Locate and Install A Solar Renewable Energy Generating System at the Arvin Wastewater Treatment Facility.

BACKGROUND:

Veolia wishes to install a solar renewable energy generating system at the wastewater treatment plant. Veolia is willing to pay for all project development, engineering, interconnection applications and to install the solar renewable energy system turnkey with guaranteed performance.

Veolia has conducted a detailed energy usage and cost analysis at no cost to the city. The data indicates that the PG&E and Constellation Energy cost of electricity including generation, transmission and distribution charges has been escalating at a rate of 11%+ per year over the last 10+ years and well above the CPI escalation rate allowed in the Veolia contract.

The proposed solar renewable energy system will immediately reduce cost by 5% to immediately reduce electric charges and will also fix the rate of escalation to a much lower and predictable escalation rate of 3% per year. This will offer a hedge against the high inflation of PG&E delivered power and offer a revenue stream to the city through a land lease in the area that the solar array will be located at the wastewater treatment plant.

The project will be financed through a Power Purchase Agreement (PPA) and will have a buyout option in year 12 when the Veolia contract expires. The city will have the option to keep the PPA in place at this time or purchase the array. If Veolia’s contract is extended, then the PPA will remain in place throughout the extended contract period. If the city chooses another operator, then the city will have the option to keep the PPA in place with the new operator or purchase the system outright. The development of the renewable energy system will require a land lease and easement rights so Veolia can install the system at the wastewater treatment facility and interconnect to the PG&E utility grid.

The development of the solar renewable energy system will require a land lease and easement rights so Veolia can install, operate and maintain the system at the wastewater treatment facility

6.A.2
Attachment: Staff Report Request from Veolia to Install Solar System at WWTF_02282023 (Authorizing Veolia to Install A Solar Renewable

Page 2 of 3 ends
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