Agenda — Arvin City Council, March 14, 2023

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

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

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

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENTS:

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

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

AGENDA STAFF REPORTS AND HANDOUTS:

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

CONDUCT IN THE CITY COUNCIL CHAMBERS:

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

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

AMERICANS with DISABILITIES ACT:

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

Arvin City Council Meeting Agenda – March 14, 2023

Page 1 of 3 ends

1. APPROVAL OF AGENDA AS TO FORM.

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

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

3. PRESENTATION(S)
A. Arvin Community Services District – Clean Energy Project Raul Barraza, Jr., General Manager – ACSD
Jessica Ritter, Facility Solutions Specialist – SitelogIQ B. Possible Arvin Clean Energy Projects
Jessica Ritter, Facility Solutions Specialist – SitelogIQ

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of February 24, 2023 – March 09, 2023.

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

C. Approval of the Minutes of the Regular Meeting(s) of February 28, 2023.

D. Approval of A Resolution of the City Council of the City of Arvin Adopting the Policy Concerning the Provision of Sewer Services to Proposed Developments that Include Housing Units Affordable to Lower Income Households.

E. Approval of A Resolution of the City Council of the City of Arvin to Approve the 2022 Housing Element Annual Progress Report.

Staff recommends approval of the Consent Agenda.

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

Page 2 of 3 ends

5. PUBLIC HEARING ITEM(S)
A. 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 and May Permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District. (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 to Select A Nominee for Appointment by the San Joaquin Valley Special City Selection Committee to the District Governing Board or Vote to Reject All Applicants. (City Clerk)
Staff recommends approval of the Resolution and that the Council select a Nominee for Appointment by the San Joaquin Valley Special City Selection Committee to the District Governing Board or Vote to Reject All Applicants.

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

7. SUCCESSORY AGENCY ITEM(S)
A. Consideration and Approval of A Letter of Intent Between the Successor Agency to the Arvin Community Redevelopment Agency and the Arvin Community Services District for A Ground Lease of Approximately Six (6) Acres, APN 189-353-07. (City Attorney)
Staff recommends approval of Letter of Intent Between the Successor Agency to the Arvin Community Redevelopment Agency and the Arvin Community Services District for A Ground Lease of Approximately Six (6) Acres, APN 189-353-07 and Authorizing the Mayor to Execute the Letter of Intent to Ground Lease.

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

Page 3 of 3 ends

8. STAFF REPORTS
A. Arvin Police Department Annual Report – 2020 – 2022 Statistic (Acting Chief Ghazalpour)

9. COUNCIL MEMBER COMMENTS

10. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Manager
C. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (six potential cases)

11. 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 March 09, 2023.

Cecilia Vela, City Clerk
Arvin CSD – Clean Energy Project
March 14, 2023
Presented By: Raul Barraza,
Jr.

General Manager, Arvin
Community Services District
&
SitelogIQ

3.A.1
Attachment: Arvin CSD_Presentation_City of Arvin CM 3.14.23 (Presentation: ACSD Clean Proprietary and Confidential

OUR MISSION

PROPOSED CLEAN ENERGY PROJECT

COMMUNITY BENEFITS

NEXT STEPS/LETTER OF INTENT
Q&A
2 3.A.1
Attachment: Arvin CSD_Presentation_City of Arvin CM 3.14.23 (Presentation: ACSD Clean Proprietary and Confidential

OUR MISSION
To provide safe drinking water through a dependable water system to the community of Arvin with a commitment to customer service & cost efficiency 3 • $5MM grant awarded to Arvin CSD for
completion of Arsenic Mitigation Project Phase

2. • 123-TCP treatment at well site 13
• Successful Litigation battle between Arvin
CSD vs. DOW chemical and Shell oil company
• Successful EPA funding for Brown and Bryant
superfund site - replacement well
District Accomplishments on behalf of the citizens of Arvin

3.A.1
Attachment: Arvin CSD_Presentation_City of Arvin CM 3.14.23 (Presentation: ACSD Clean Proprietary and Confidential

PROPOSED CLEAN ENERGY PROJECT
4 Project Details:
• 1.62-Megawatt
System
• Simple Payback 13
Years
• Ground Mounted
• Single Axis Tracker
System
• Located on Cityowned property
near Arvin CSD well
site 11

3.A.1
Attachment: Arvin CSD_Presentation_City of Arvin CM 3.14.23 (Presentation: ACSD Clean Proprietary and Confidential

PROJECTED PROGRAM FINANCIALS
Arvin CSD Project Investment $7.1M
Year 1 Annual Utility Savings
$542k
30 Year Net Project Savings
$23.5M

3.A.1
Attachment: Arvin CSD_Presentation_City of Arvin CM 3.14.23 (Presentation: ACSD Clean Proprietary and Confidential

COMMUNITY BENEFITS
6 • Reduce Arvin CSD’s dependence on PG&E • Reduce Arvin CSD’s operating expenses • Free’s up funding for capital improvement projects throughout the District
• Reduces Arvin CSD’s Carbon footprint &
improves local air quality
• Lays foundation for future EV vehicle
infrastructure
*Stabilize Rate Increases for the Citizens of Arvin*

3.A.1
Attachment: Arvin CSD_Presentation_City of Arvin CM 3.14.23 (Presentation: ACSD Clean Proprietary and Confidential

NEXT STEPS - LETTER OF INTENT
7 • Included in Council Agenda Packet • Approximately +/- 6 Acres of Land Needed
• Arvin CSD intends to lease this land
from the City of Arvin, for the purpose
of building/owing & operating solar
array

3.A.1
Attachment: Arvin CSD_Presentation_City of Arvin CM 3.14.23 (Presentation: ACSD Clean Thank You
Raul Barraza,Jr
General Manager
M 661.205.6432
E [email protected]

3.A.1
Attachment: Arvin CSD_Presentation_City of Arvin CM 3.14.23 (Presentation: ACSD Clean City of Arvin – Clean Energy Projects
Presented By: SitelogIQ's
Central Valley Local Government Energy Team
March 14, 2023

3.B.1
Attachment: SitelogiQ City of Arvin Presentation_031423 (Presentation: Possible Arvin Proprietary and Confidential

WHO WE ARE

OUR CALIFORNIA PRESENCE

CITY OF ARVIN CLEAN ENERGY PROJECTS

HOW SITELOGIQ CAN HELP

NEXT STEPS
Q&A
2 3.B.1
Attachment: SitelogiQ City of Arvin Presentation_031423 (Presentation: Possible Arvin Proprietary and Confidential

WHO WE ARE
We deliver world-class energy, water, renewable and infrastructure programs for State and Local Governments.

U.S. Owned Organization
Single-source of accountability and responsibility from conception to completion. 3 3.B.1
Attachment: SitelogiQ City of Arvin Presentation_031423 (Presentation: Possible Arvin Proprietary and Confidential
• Our largest client base is in California
• Staffed by nearly 150 energy professionals,
engineers, and highly-trained technicians
• Extensive experience implementing
Federal, State, and Utility programs for
California Local Governments
OUR CALIFORNIA PRESENCE 3.B.1
Attachment: SitelogiQ City of Arvin Presentation_031423 (Presentation: Possible Arvin Proprietary and Confidential

CITY OF ARVIN PROPOSED ENERGY PROJECTS
5 Veolia’s proposed Wastewater Treatment
Plant Solar Power Purchase Agreement
• Power Purchase Agreement – Contract
Details Unknown
• Potential Design Flaws
• Better location for potential array near
Wastewater treatment plant
• Alternative funding options

3.B.1
Attachment: SitelogiQ City of Arvin Presentation_031423 (Presentation: Possible Arvin Proprietary and Confidential

CITY OF ARVIN PROPOSED ENERGY PROJECTS
6 City of Arvin Grant Funded Microgrid
Project
• Exciting Opportunity for the City of Arvin
• Potential Construction Budget Shortfalls
• SitelogIQ can assist the City with Final
Design/Engineering, Implementation or
Construction Management – Depending on
Federal Grant Procurement Requirements
• SitelogIQ can Assist the City with Alternative
funding options to compensate for any
budget shortfalls

3.B.1
Attachment: SitelogiQ City of Arvin Presentation_031423 (Presentation: Possible Arvin Proprietary and Confidential

HOW SITELOGIQ CAN HELP
7 • Submit NEM 2.0 Interconnection Application for City Hall microgrid project
• Advise City of Arvin with regards to any potential energy projects • Review Veolia’s Power Purchase Agreement for Wastewater Treatment Plant
• Provide alternative options for solar at Wastewater Treatment Plant • Provide additional funding options for any construction cost deficits for City Hall Microgrid project

3.B.1
Attachment: SitelogiQ City of Arvin Presentation_031423 (Presentation: Possible Arvin Thank You
Jessica Ritter
Local Government Relations
M 559.547.1834
E [email protected]

3.B.1
Attachment: SitelogiQ City of Arvin Presentation_031423 (Presentation: Possible Arvin 3/2/2023 11:54:35 AM Page 1 of 7
Payment Register
City of Arvin APPKT00337 - FOR AP 3/2/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1003
Vendor Number
AFLAC
Total Vendor Amount

40.98 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 40.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 690176 SUPP INS FEBRUARY 2023 02/11/2023 02/11/2023 0.00 40.98 1150
Vendor Number
AT&T
Total Vendor Amount
415.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 415.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000019441098 9391059040 SERVICE 01.01.2023-01.31.2023 02/01/2023 02/01/2023 0.00 210.53 000019441329 9391060015 SERVICE 01.01.23-01.31.23 03/01/2023 03/01/2023 0.00 204.67 1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
24,951.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 24,951.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 230440037015 MEDICAL MARCH 2023 02/13/2023 02/13/2023 0.00 24,951.89 1155
Vendor Number

CENTRAL VALLEY OCCUP
Total Vendor Amount
728.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 728.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 00531373-00 CLINICAL PRE-PLACEMENT- BRIAN S. , ADAM H. 02/07/2023 02/07/2023 0.00 656.00 00531408-00 CLINICAL - DOT INITIAL EXAM NICK L. 02/07/2023 02/07/2023 0.00 72.00 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
1,346.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 1,346.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 51936020203875 SUPPLEMENTAL INS FEBRUARY 2023 02/03/2023 02/03/2023 0.00 1,346.76 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

17.31 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 17.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 30107 MATERIAL FOR TICKET #3596 FINANCE OFFICE 02/14/2023 02/14/2023 0.00 17.31 1061
Vendor Number

DOOLEY ENTERPRISES, INC
Total Vendor Amount
3,092.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 3,092.33
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 64827 APD- RIFLETRN FULL METAL JA 02/08/2023 02/08/2023 0.00 3,092.33

ERIC REYES GUERRA
Total Vendor Amount
320.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 320.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0146 ARVIN PD FLEET WASH 02.14.2023 02/14/2023 02/14/2023 0.00 320.00 1062
Vendor Number
FEDEX
Total Vendor Amount
105.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 105.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-042-88775 SHIPPING SVCS 2/17/2023 02/17/2023 02/17/2023 0.00 105.15 1367
Vendor Number

FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
24,946.64
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 24,946.64
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1331 ARVIN CDBG CV2-3-00141 NAV SVCS JAN 2023 02/03/2023 02/03/2023 0.00 24,946.64 1074
Vendor Number

GRAINGER
Total Vendor Amount
469.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 469.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9598930924 PPE FOR STAFF PW 02/06/2023 02/06/2023 0.00 469.83 1365
Vendor Number

GRIFFITH COMPANY
Total Vendor Amount
29,148.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 29,148.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RELEASE RETENTION ON STPL-5370 RELEASE RETENTION ON STPL-5370-028 FRANKLIN 02/27/2023 02/27/2023 0.00 29,148.18 1019
Vendor Number

GUARDIAN
Total Vendor Amount
7,535.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 7,535.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 MARCH 2023 BUNDLE INSURANCE MARCH 2023 03/01/2023 03/01/2023 0.00 7,535.18 1318
Vendor Number

HECTORS PLUMBING INC
Total Vendor Amount
1,850.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 1,850.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3015 2.8.23 TECH REMOVED AND REPLACED WATER HEATER 02/09/2023 02/09/2023 0.00 1,850.00 1413
Vendor Number

JESUS BRAVO
Total Vendor Amount
350.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 350.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PAINT POLICE DEPARTMENT PAINT POLICE DEPARTMENT INTERIOR TOUCH UP 03/01/2023 03/01/2023 0.00 350.00

JESUS MARTINEZ
Total Vendor Amount
2,286.35
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 2,286.35
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8033 UNIT #281 BRAKE PADS, BRAKE ROTOR, OIL CHANGE 02/17/2023 02/17/2023 0.00 2,286.35 1086
Vendor Number

KERN COUNTY CLERK
Total Vendor Amount

50.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount $50 FEE TO FILE NOTICE OF EXEMPTION $50 FEE TO FILE NOTICE OF EXEMPTION ENV. JUST ELEM 03/01/2023 03/01/2023 0.00 50.00 1092
Vendor Number

KERN PRINT SERVICES
Total Vendor Amount
3,240.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 3,240.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 49877 POLICE DEPARTMENT CITATIONS 01/26/2023 01/26/2023 0.00 3,240.30 1096
Vendor Number

LEAGUE OF CA CITIES SSJVD
Total Vendor Amount

50.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DINNER COST OF $25 FOR COUNCILMEMBERS DINNER COST OF $25 FOR COUNCILMEMBERS 02/27/2023 02/27/2023 0.00 50.00 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount

27.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 27.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32432 UNIT 283 TIRE REPAIR 02/17/2023 02/17/2023 0.00 27.00 1170
Vendor Number

PETTY CASH ELSA CARDOSO GUZMAN
Total Vendor Amount

94.10 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 94.10
Payable Number Description Payable Date Due Date Discount Amount Payable Amount POLICE DEPARTMENT PETTY CASHPOLICE DEPARTMENT PETTY CASH 02/23/2023 02/23/2023 0.00 94.10 1108
Vendor Number
PG & E
Total Vendor Amount
5,311.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 5,311.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5299823039-6 01.24.23-02.22.235299823039-6 01.24.23-02.22.23 02/23/2023 02/23/2023 0.00 5,103.02 7317315093-6 01.24.23-02.22.237317315093-6 01.24.23-02.22.23 02/23/2023 02/23/2023 0.00 68.58 7368140966-7 01.23.23-02.21.237368140966-7 01.23.23-02.21.23 02/22/2023 02/22/2023 0.00 126.55 9132070691-3 01.24.23-02.22.239132070691-3 01.24.23-02.22.23 02/23/2023 02/23/2023 0.00 13.16 1449
Vendor Number

PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
17,560.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 17,560.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 27778 22-072 : CITY OF ARVIN SB2 GRANT FUNDING 02/14/2023 02/14/2023 0.00 2,960.00 INV27777 22-072.1 CITY OF ARVIN LEAP FUNDING 02/14/2023 02/14/2023 0.00 14,600.00

QUAD KNOPF INC
Total Vendor Amount
3,098.66
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 3,098.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 117194 ON CALL PROFESSIONAL SERVICES 12.11.22-01.07.23 01/21/2023 01/21/2023 0.00 3,098.66 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount
2,733.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 2,733.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1723 TV FOR LOBBY AREA - MOUNTING HARDWARE 02/03/2023 02/03/2023 0.00 708.00 1725 3 TV'S FOR DISPATCH 02/03/2023 02/03/2023 0.00 1,345.42 1726 HOOKED UP DOOR BUTTON AND PHONE INTERCOM 02/03/2023 02/03/2023 0.00 680.00 1280
Vendor Number

SERGIO ALDANA SALAZAR
Total Vendor Amount
1,089.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 1,089.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV. #475 UNIT #270 REPAIRS ON VEHICLE 02/07/2023 02/07/2023 0.00 1,089.12 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
289.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 289.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901020123 SERVICE 02.01.23- 02.28.23 02/01/2023 02/01/2023 0.00 289.26 1133
Vendor Number

TYLER TECHNOLOGIES INC
Total Vendor Amount
260.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 260.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025-410542 INCODE- CURRENT FUTURE STATE REVIEW 01/25/2023 01/25/2023 0.00 260.00 1459
Vendor Number

URIEL JESSE ORTIZ
Total Vendor Amount
1,361.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 1,361.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV2144 BOBCAT HYDRAULIC CYLINDER REBUILD KIT 02/23/2023 02/23/2023 0.00 1,361.57 1135
Vendor Number

VEOLIA WATER NORTH AMERICA
Total Vendor Amount
53,978.52
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 53,978.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000072379 TITLE 22 ENGINEERING REPORT 01/04/2023 01/04/2023 0.00 53,978.52 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
285.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 285.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5023929198 LARGE COPIER LEASE COMM DEV 02.12.23-03.11.23 02/14/2023 02/14/2023 0.00 285.91

ALLSTATE
Total Vendor Amount
217.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/02/2023 217.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000578 ALLSTATE 02/03/2023 02/03/2023 0.00 108.71
INV0000596 ALLSTATE 02/17/2023 02/17/2023 0.00 108.72

4.A.1
Attachment: Demand Register(s) of February 24, 2023 - March 09, 2023 (Demand Register(s) of February 24, 2023 - March 09, 2023.) Payment Register APPKT00337 - FOR AP 3/2/2023
3/2/2023 11:54:35 AM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 39 31 0.00 187,032.97
Packet Totals: 39 31 0.00 187,032.97
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check21 0.00 217.43
Packet Totals:
21 0.00 217.43

4.A.1
Attachment: Demand Register(s) of February 24, 2023 - March 09, 2023 (Demand Register(s) of February 24, 2023 - March 09, 2023.) 3/8/2023 3:00:42 PM Page 1 of 6
Payment Register
City of Arvin APPKT00341 - FOR AP 3/8/2023
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 03/08/2023 962.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 230456205 INTERNET ACC 1.11.23-2.10.23 02/27/2023 02/27/2023 0.00 962.26 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
6,381.77
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 6,381.77
Payable Number Description Payable Date Due Date Discount Amount Payable Amount WATER SERVICES 1.23.23-2.22.23WATER SERVICES 1.23.23-2.22.23 02/28/2023 02/28/2023 0.00 6,381.77 1536
Vendor Number

BADALI GROUP LLC
Total Vendor Amount
11,998.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 11,998.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000627 Helmets Faceshields, Riot Bags, 1 Ballistic Shield 03/08/2023 03/08/2023 0.00 11,998.00 1172
Vendor Number

BAKERSFIELD ANIMAL HOSPITAL
Total Vendor Amount
162.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 162.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5370634706 EXAM/ CONSULTATION EMERGENCY 03/05/2023 03/05/2023 0.00 162.25 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
790.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 790.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 161697 CITY OF ARVIN PUBLIC HEARING COMMERCIAL CANNABIS 02/15/2023 02/15/2023 0.00 790.99 1149
Vendor Number

BRANDON SNYDER
Total Vendor Amount
124.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 124.45
Payable Number Description Payable Date Due Date Discount Amount Payable Amount LUNCH FOR 7 OFFICERS LUNCH FOR 7 OFFICERS FOR TRAINING 03/02/2023 03/02/2023 0.00 124.45 1039
Vendor Number

CARTWRIGHT WHEEL & BRAKE SERVICE
Total Vendor Amount
297.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 297.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 043432 UNIT 317 STEERING LEAKAGE 02/21/2023 02/21/2023 0.00 145.00 043441 UNIT 317 ADJUSTMENTS MADE 02/25/2023 02/25/2023 0.00 152.54

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

44.57 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 44.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 469995 UNIT 319 TO LOCK TOOLS IN TRUCK BED 02/21/2023 02/21/2023 0.00 18.60 470730 WATER BOOTS FOR PEDRO PPE PUMP OUT WATER 02/27/2023 02/27/2023 0.00 25.97 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
650.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 650.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0148 ARVIN PD FLEET WASH 03.07.2023 03/07/2023 03/07/2023 0.00 380.00 INV0149 BUS WASH AND BUMPER SHINE 03.07.2023 03/07/2023 03/07/2023 0.00 270.00 1070
Vendor Number

GENERAL OFFICE
Total Vendor Amount
495.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 495.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 20437 METER READING APD & COMM 1.31.23-2.28.23 02/28/2023 02/28/2023 0.00 397.62 20445 APD METER READING 1.31.23-2.28.23 02/28/2023 02/28/2023 0.00 98.17 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount

57.16 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 57.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8044 2019 FORD F-350 SUPER DUTY WIPER BLADE 02/28/2023 02/28/2023 0.00 57.16 1249
Vendor Number

JOSE GARCIA JR
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 200 ADA CUSTOMER SERVICE / BRAKE INSPECTION TRAINING 03/04/2023 03/04/2023 0.00 300.00 1096
Vendor Number

LEAGUE OF CA CITIES SSJVD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV-02022 2023 LOCAL STREETS/ROADS NEED ASSESSMENT 02/15/2023 02/15/2023 0.00 300.00 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
3,922.37
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 3,922.37
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14000001 UNIT 203-EV REPLACED TIRE 11/16/2022 11/16/2022 0.00 296.55 14000002 UNIT 209 WINDSHILED WIPER NOT SPRAYING PROPERLY 11/16/2022 11/16/2022 0.00 118.66 14000066 UNIT 203-EV REAR INNER TIRE NEEDS TO BE REPLACED 11/16/2022 11/16/2022 0.00 474.64 14000115 UNIT 207-EV REPLACE LEFT FRONT TIRE 12/01/2022 12/01/2022 0.00 258.97 14000116 UNIT 211 REPAIR NON OPERATIONAL HVAC BLOWER 12/01/2022 12/01/2022 0.00 241.64 14000500 UNIT 211 REPLACE AUXILLARY BATTERY/CLEAN TERMINAL 02/10/2023 02/10/2023 0.00 390.33 14000501 UNIT 209 REPLACE AUXILLARY BATTERY/CLEAN TERMINAL 02/10/2023 02/10/2023 0.00 390.33 14000502 UNIT 203-EV REPLACED DRIVE SIDE REAR TIRE 02/13/2023 02/13/2023 0.00 284.95 64131473 UNIT 203-EV REPLACED RIGHT REAR OUTER TIRE 10/20/2022 10/20/2022 0.00 385.00 64131553 UNIT 211 REPAIRED AIRLEAKS ON FIREWALL 11/10/2022 11/10/2022 0.00 554.72 64131558 UNIT 207-EV RESECURE STORAGE COMPARTMENT 11/10/2022 11/10/2022 0.00 126.24

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 214.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 697138 BIN RENT AND 4 YD ROLL OFF MARCH 2023 03/01/2023 03/01/2023 0.00 214.18 1471
Vendor Number

NORI SANCHEZ
Total Vendor Amount
345.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 345.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount TRAINING 3.19.23-3.23.23 TRAINING 3.19.23-3.23.23 03/07/2023 03/07/2023 0.00 345.00 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount
1,120.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 1,120.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32441 UNIT 315 NEW TIRES 02/21/2023 02/21/2023 0.00 1,120.00 1382
Vendor Number

PEDRO GOMEZ JR
Total Vendor Amount
1,716.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 1,716.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1041 VETS HALL FENCE WAS VANDALIZE 02/17/2023 02/17/2023 0.00 1,716.00 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
2,440.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 2,440.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 220044 ON CALL PROFESSIONAL SERVICES 1.8.23-2.4.23 02/21/2023 02/21/2023 0.00 919.50 220188 ON CALL SURVEYING SERVICES 1.08.23-2.4.23 02/21/2023 02/21/2023 0.00 1,521.00 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
2,887.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 2,887.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 1.25.23-2.24.23 SERVICES 1.25.23-2.24.23 02/28/2023 02/28/2023 0.00 2,887.12 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,473.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 1,473.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES FEBRUARY 2023 UNIFORM SERVICES FEBRUARY 2023 03/08/2023 03/08/2023 0.00 1,473.12 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 806272 ARVIN ADOBE COMPLEX FIRE MONITORING MARCH 2023 03/01/2023 03/01/2023 0.00 55.00

TYLER TECHNOLOGIES INC
Total Vendor Amount
1,170.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 1,170.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025-411088 INCODE CUSTOMER RELATION- BUSINESS LICENSE 01/31/2023 01/31/2023 0.00 1,170.00 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 03/08/2023 800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000614 APOA Dues 03/03/2023 03/03/2023 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 03/08/2023 927.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000615 SEIU Dues 03/03/2023 03/03/2023 0.00 47.00
INV0000616 SEIU Dues 03/03/2023 03/03/2023 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 03/08/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000619 ALEX GHAZARIAN 03/03/2023 04/15/2023 0.00 300.00 1456
Vendor Number

KERN COUNTY SHERIFF
Total Vendor Amount

82.11 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/08/2023 82.11
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000618 C# BCL-21-012888, F#22-02218, RICARDO MADRIGAL 03/03/2023 04/15/2023 0.00 82.11

4.A.1
Attachment: Demand Register(s) of February 24, 2023 - March 09, 2023 (Demand Register(s) of February 24, 2023 - March 09, 2023.) Payment Register APPKT00341 - FOR AP 3/8/2023
3/8/2023 3:00:42 PM Page 5 of 6
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 39 23 0.00 37,908.07
Packet Totals: 39 23 0.00 37,908.07
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check54 0.00 2,109.60
Packet Totals:
54 0.00 2,109.60

4.A.1
Attachment: Demand Register(s) of February 24, 2023 - March 09, 2023 (Demand Register(s) of February 24, 2023 - March 09, 2023.)

4.B.1
Attachment: Payroll Register(s) of March 03, 2023 (Payroll Register(s) of March 03, 2023.)

4.B.1
Attachment: Payroll Register(s) of March 03, 2023 (Payroll Register(s) of March 03, 2023.) Arvin City Council Meeting Minutes – February 28, 2023

Page 1 of 5 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
FEBRUARY 28, 2023
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: MPT Borreli absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda with the following changes:
- Removal of Action Items 6A and 6B.
- Removal of Public Hearing Item 5D.
- Move Presentation Item 3B to be considered and presented prior to Presentation Item 3A.

Motion CM Horton Second CM Murillo Vote 4-0

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.

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of February 28, 2023 (Minutes of the Regular Meeting(s) of February 28, 2023.) Arvin City Council Meeting Minutes – February 28, 2023

Page 2 of 5 ends

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.

Resolution No. 2023-03
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 to approve Consent Agenda Items 4A – 4H.

Motion CM Horton Second CM Reyes Vote 4-0

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.

Hearing opened.

No public testimony received.

Hearing closed.

Motion to approve the Resolution.

Motion CM Horton Second CM Murillo Vote 4-0
Resolution No. 2023-08

Page 3 of 5 ends

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.

Hearing opened.

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

Hearing closed.

Motion to approve the Resolution with the following revisions:

The City Council has authorized a twenty percent (20%) reduction to the required Traffic Impact Fees. The following additional language has been placed in the Resolution: The Modification approved by the City Council provides the applicant with a twenty percent (20%) reduction to the required Traffic Impact Fees. The Development Impact Fee program allows payment of the development impact fees over the course of four (4) years. The first payment, equal to twenty percent (20%) of the total Development Impact Fees, is due one (1) year from the date of building permit issuance. Annual payments are due each year thereafter, on or before the date of building permit issuance, ending with final and full payment by three (3) years from the date of building permit issuance. Fee deferrals will be secured by one of the following:
· Assigned passbook or certificate of deposit; or
· Irrevocable letter of credit; or
· Surety bond; or
· Lien against the property; or
· Negotiable securities if approved by the City Council; or · Reservation of funds within the escrow account of the senior lender; and
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, with modifications, the Planning Commission’s actions. The Modification approved provides the applicant with a twenty percent (20%) reduction to the required Traffic Impact Fees and the City’s policies allows payment of the development impact fees over the course of four (4) years.

Motion CM Murillo Second CM Horton Vote 4-0
Resolution No. 2023-09

Page 4 of 5 ends

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.

Hearing opened.

No public testimony received.

Hearing closed.

Motion to approve the Resolution.

Motion CM Horton Second CM Reyes Vote 4-0
Resolution No. 2023-10
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.

Above Public Hearing Item 5D was removed from the agenda.

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.

Above Action Item 6A was removed from the agenda.

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.

Above Action Item 6B was removed from the agenda.

Page 5 of 5 ends

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

No motion and no action taken for above Action Item 6C.

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)
CLOSED SESSION REPORT BY CITY ATTORNEY:
9A. An update was provided to the City Council; No reportable action taken. 9B. Direction was provided to the City Attorney concerning one matter; No other reportable action taken related to the remaining five matters.

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

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of February 28, 2023 (Minutes of the Regular Meeting(s) of February 28, 2023.)

Page 1 of 2 ends

Staff Report – Adopting Policy Concerning the Provision of Sewer Service Connection to Proposed Development.

CITY OF ARVIN
Staff Report
March 14, 2023
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jeff Jones, City Manager / Finance Director
SUBJECT: A Resolution of the City Council of the City of Arvin Adopting the Policy Concerning the Provision of Sewer Service Connection to Proposed Development That Include Housing Units Affordable to Lower Income Households And Accept CEQA determination of a Categorical Exemption per Section 15061(b)(3) (General Rule) of the California Environmental Quality Act (CEQA).

BACKGROUND
California Legislature enacted Senate Bill 1087, which amended Government Code Section 65589.7 to require all public agencies that provide water and/or sewer services to (1) adopt written policies and procedures granting a priority for the provision of public water or sewer services to include proposed developments that include units affordable to lower income households, and (2) deny or condition the approval of an application for services to, or reduce the amount of services applied for by, proposed developments that include housing units affordable to lower income households only upon specific written findings that the denial, or reduction of service is necessary due to the existence of certain circumstances specified in Section 65589.7 The 2023-2031 Housing Element update for the City of Arvin will establish policies that require the City to provide priority for sewer connections for affordable housing projects; The adoption of this policy will meet that requirement.

The City is responsible for providing sewer services only since Arvin Community Services District has its own policies to comply with the law.

ENVIRONMENTAL REVIEW
The adoption of the policy is following the policies and regulations of the State of California. 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.

STAFF RECOMMENDATION:

Staff is recommending the City Council adopt the attached Resolution of the City Council of the City of Arvin Adopting the Policy Concerning the Provision of Sewer Service Connection to Proposed Development that include Housing Units Affordable to Lower Income Households And Adopt The Categorical Exemption Per CEQA Guidelines pursuant to Section 15061(b) (3).

4.D.1
Attachment: 1-Staff_Report_Water_Sewer Priority (Sewer Connection Policy)

Page 2 of 2 ends

Staff Report – Adopting Policy Concerning the Provision of Sewer Service Connection to Proposed Development.

FISCAL CONSIDERATIONS
The adoption of the policy to provide priority sewer connections for housing developments that provide affordable housing will have no fiscal impact to the wastewater treatment plant operation.

No reduction in connection fees nor monthly service fees is provided for affordable housing projects.

ATTACHMENTS
Attachment 1 – Resolution
Notice of Exemption

4.D.1
Attachment: 1-Staff_Report_Water_Sewer Priority (Sewer Connection Policy)

Page 1 of 3 ends

Reso Adopting Policy Concerning Provision of Sewer Services to Proposed Developments – Lower Income Households.

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ADOPTING THE POLICY CONCERNING THE PROVISION OF SEWER

SERVICES TO PROPOSED DEVELOPMENTS THAT INCLUDE
HOUSING UNITS AFFORDABLE TO LOWER INCOME HOUSEHOLDS.

WHEREAS, the California Legislature has declared that the lack of housing affordable to lower income households is a matter of statewide importance; and WHEREAS, in 2005 the California Legislature enacted Senate Bill 1087, which amended Government Code Section 65589.7 to require all public agencies that provide water or sewer services to (1) adopt written policies and procedures granting a priority for the provision of public water or sewer services to include proposed developments that include units affordable to lower income households, and (2) deny or condition the approval of an application for services to, or reduce the amount of services applied for by, proposed developments that include housing units affordable to lower income households only upon specific written findings that the denial, or reduction of service is necessary due to the existence of certain circumstances specified in Section 65589.7; and
WHEREAS, the 2023-2031 Housing Element update for the City of Arvin will establish policies that require the City to provide priority for sewer connections for affordable housing projects; and
WHEREAS, the City is the purveyor of sewer services; and WHEREAS, the adoption of this policy document will not have any significant environmental impacts on the environment. Therefore, the project is Exempt from CEQA pursuant to Section 15061(b) (3) of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED, that the following guidelines are hereby adopted by the City Council of the City of Arvin with respect to providing priority sewer service to developments that include housing units affordable to lower-income households.

SECTION 1. Pursuant to, and to the extent required by, Government Code Section 65589.7, Council hereby adopt the following as its written policies and procedures for provision of sewer service to proposed developments that include housing units affordable to lower income households as defined by Section 50079.5 of the California Health and Safety Code, except as provided otherwise in Section 2 of this Resolution.

1. The City shall devote its best efforts to plan for and, to a reasonable degree (as determined on a case by case basis), prioritize providing sewer connections to housing affordable to lower income households;

2. Proposed developments that include housing units affordable to lower income households" means that dwelling units shall be sold or rented to lower income households, as defined

4.D.2
Attachment: 2-Resolution_Water_Sewer_Priority (Sewer Connection Policy)

Page 2 of 3 ends

Reso Adopting Policy Concerning Provision of Sewer Services to Proposed Developments – Lower Income Households. in Section 50079.5 of the Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code;

3. The City shall work with Arvin Community Services District to obtain water service for affordable housing projects for lower income individuals;

4. Development projects that include housing units affordable to lower income households shall not be denied approval of an application for service, nor shall conditions be imposed thereon or services reduced which are applied for; and

5. That the City shall not discriminate in any manner when processing and considering requests for sewer services by developments that include housing units affordable to lower income households.

SECTION 2. Pursuant to, and to the extent permitted by, Government Code Section 65587.7, the City Manager may make specific written findings that the denial, condition, or reduction of requested sewer services is necessary due to the existence of one or more of the following:

1. That the City is subject to a compliance order issued by the State Department of Health Services that prohibits new water connections;

2. That the City does not have sufficient sewer treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development;

3. That the City is under an order issued by the regional water quality control board that prohibits new sewer connections;

4. That the applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from the City; including, but not limited to, the requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to Government Code Section 66013;

5. That the applicant has failed to submit a density bonus housing plan or an inclusionary housing plan in accordance with the Arvin General Plans and the Municipal Code, or failed to demonstrate through a covenant that the project provides housing units affordable to lower income households to the satisfaction of the City Manager.

6. In the circumstance where the city has tentative and/or final subdivision map applications on record in excess of the sewer capacity available, the city shall determine which projects should receive such capacity based on the policy adopted by city council. The city shall notify in writing any project applicants that will not receive the available sewer capacity.

4.D.2
Attachment: 2-Resolution_Water_Sewer_Priority (Sewer Connection Policy)

Page 3 of 3 ends

Reso Adopting Policy Concerning Provision of Sewer Services to Proposed Developments – Lower Income Households.

7. At such time as the city makes specific written findings for denial of service in accordance with this policy, the city shall also, if possible, establish written conditions whereby the applicant may address, remedy or resolve the city’s findings, to the satisfaction of the city.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 14th day of March 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.

4.D.2
Attachment: 2-Resolution_Water_Sewer_Priority (Sewer Connection Policy)

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 – Policy
Sewer Priority for Affordable Housing – 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: Resolution of the City Council of the City of Arvin – Policy Sewer Priority for Affordable Housing – 2023
Description of Nature, Purpose, and Beneficiaries of Project: California Legislature enacted Senate Bill 1087, which amended Government Code Section 65589.7 to require all public agencies that provide water and/or sewer services to (1) adopt written policies and procedures granting a priority for the provision of public water or sewer services to include proposed developments that include units affordable to lower income households, and (2) deny or condition the approval of an application for services to, or reduce the amount of services applied for by, proposed developments that include housing units affordable to lower income households only upon specific written findings that the denial, or reduction of service is necessary due to the existence of certain circumstances specified in Section 65589.7 Project location: City Wide Assessor Parcel Number(s): N/A Name of public agency approving project: City of Arvin, CA - City Council approved on March 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 adoption of a Policy in accordance with Senate Bill 1087, which amended Government Code Section 65589.7 to require all public agencies that provide water and/or sewer service for affordable housing. 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:
________________________ / March 16, 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.

4.D.3
Attachment: 3- Final NOE Policy Sewer Priorty for Affordable Housing (Sewer Connection Policy)

CITY OF ARVIN
Staff Report
Meeting Date: March 14, 2023
TO: Arvin City Council
FROM : Christine Viterelli, Grants Manager
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin to Approve the 2022 Housing Element Annual Progress Report.

BACKGROUND:

In March 2018, the City Council adopted the 2013-2023 Arvin Housing Element Amendment, and in April 2018, the city received HCD’s certification letter. The next Housing Element Update is due this year, and City staff and its awarded consultant, Realty Planners, are currently working on the update with all hands on deck.

The Housing Element aims to identify and provide for existing and projected affordable housing needs. The Housing Element includes numerous housing programs that preserve the existing affordable housing stock, remove governmental constraints, provide adequate sites for a variety and diversity of housing, and promote equal housing opportunities.

Attached is the Annual Housing Report due to HCD by March 31, 2023. City Staff requests approval of the Resolution and the Annual Housing Report to timely file this required report with HCD.

The full online Annual Progress Report includes the following: Table A, Housing Development Applications Submitted; Table A2, Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units; Table B, Regional Housing Needs Allocation Progress - Permitted Units Issued By Affordability; Table C, Sites identified or Rezoned to Accommodate Shortfall Housing Need; Table D, Program Implementation Status pursuant to Government Code section 65583; Table E, Commercial Development Bonus Approved pursuant to Government Code section 65915.7 (does not apply): Table F, Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites under Government Code section 65583.1, subdivision (c)(2) (does not apply); Table G, Locally Owned Lands Included in the Housing Elements Sites Inventory that have been sold, leased, or otherwise disposed of; Table H, Locally Owned Surplus Sites; and, a Summary Table. Due to the size of the tables, Table A2 includes the summary of the total number of housing permits issued and the number of final approvals in 2022 by affordability levels, and Table D the housing program implementation status.

STAFF RECOMMENDATION:

Staff recommends approval of the resolution.

FINANCIAL IMPACT:

None.

4.E.1
Attachment: 2022 APR Staff Report FINAL (2022 Housing Element Annual Progress Report)

ATTACHMENTS
:

Annual Progress Report RHNA Chart
Annual Housing Progress Report Table A2
Annual Housing Progress Report Table D

4.E.1
Attachment: 2022 APR Staff Report FINAL (2022 Housing Element Annual Progress Report)

Page 1 of 2 ends

Reso to Approve 2022 Housing Element Annual Progress Report.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO APPROVE THE 2022 HOUSING ELEMENT ANNUAL PROGRESS
REPORT.

WHEREAS, the purpose of the Housing Element is to identify and provide for existing and projected affordable housing needs; and
WHEREAS, The Housing Element includes numerous housing programs that preserve the existing affordable housing stock, remove governmental constraints, provide adequate sites for a variety and diversity of housing, and promote equal housing opportunities; and WHEREAS, Government Code Section 65400 requires that every California City provide the State with an Annual Progress Report and update on the status and implementation of its Housing Element; and
WHEREAS, the Housing Element Annual Progress Report includes the following tables:

Housing Development Applications Submitted; Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units; Regional Housing Needs Allocation Progress - Permitted Units Issued By Affordability; Sites identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law; Program Implementation Status pursuant to Government Code section 65583; Commercial Development Bonus Approved pursuant to Government Code section 65915.7; Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)(2); Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of; Locally Owned Surplus Sites and, a Summary Table; and NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby approve the 2022 Housing Element Annual Progress Report. //////
//////
//////
//////
//////
//////
//////
//////
//////
//////

4.E.2
Attachment: Resolution for 2022 APR (2022 Housing Element Annual Progress Report)

Page 2 of 2 ends

Reso to Approve 2022 Housing Element Annual Progress Report.

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 date 14th day of March 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
Exhibits: Annual Housing Progress Report 1) RHNA Chart; 2) Table A2; 3) Table D.

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

4.E.2
Attachment: Resolution for 2022 APR (2022 Housing Element Annual Progress Report) Jurisdiction Arvin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to
Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - 9 11 - - - - - - -
Non-Deed Restricted - 17 13 6 - - - - 8 -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - 60 29 79 102 111 1 47 26 -
Above Moderate 349 - - - - - - 2 - 1 - 3 346
1,169
- 86 53 85 102 111 3 47 35 - 522 919
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units to
Date
Total Units
Remaining
199 - - - - - - - 1 - 1 198
175
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Govermnet Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
-
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
455
Moderate
398
239
183
Please contact HCD if your data is different than the material supplied here 64 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
398

4.E.3
Attachment: Annual Progress Report 2022 (RHNA Chart) (2022 Housing Element Annual Progress Report) Jurisdiction Arvin ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
A2_1_Prior A2_1_Current A2_1_Address A2_1_Name A2_1_ID A2_2_Unit A2_3_Tenure A2_4_vLowDeed A2_4_vLowNon
e A2_4_LowDeed A2_4_LowNone A2_4_ModDeed A2_4_ModNone A2_4_Above A2_5_Date A2_6_Units A2_7_vLowDeed A2_7_vLowNon
e A2_7_LowDeed A2_7_LowNone A2_7_ModDeed A2_7_ModNone A2_7_Above A2_8_Date A2_9_Units A2_10_vLowDeed A2_10_vLowNone A2_10_LowDeed A2_10_LowNone A2_10_ModDeed A2_10_ModNone A2_10_Above A2_10_Date A2_10_Units A2_13_xLow A2_14_Stream A2_15_Infill A2_16_Assist A2_17_Deed A2_18_Affordable A2_19_Terms A2_20_Units A2_20_Dest A2_20_Demo A2_21_Notes Table A2
Streamlining Infill
Housing without
Financial
Assistance or
Deed Restrictions
Term of
Affordability
or Deed
Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
(see instructions)
Date Issued
# of Units issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project

APPROVED
using GC
65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance
Programs for
Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain
how the locality
determined the units
were affordable
(see instructions)
Term of
Affordability or
Deed Restriction
(years) (if
affordable in
perpetuity enter
1000)+
Number of
Demolished/Des
troyed Units
Demolished or
Destroyed Units
Demolished/Destr
oyed Units
Owner or Renter
Total Density
Bonus Applied to
the Project
(Percentage
Increase in Total
Allowable Units
or Total Maximum
Allowable
Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or
Other
Modifications
Given to the
Project
(Excluding
Parking Waivers
or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project
receive a
reduction or
waiver of parking
standards? (Y/N)
Notes
+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 8 0 26 1 35 0 0 0 0 0 0 0 0 1 0 0 0 192 042 15 00 873 Peters St BP22-0016 SFD O 0 1 2/3/2022 1 0 1/1/1900 N HCD Affordability
Calculator
190 180 06 00 501 N Hill St BP22-0101 ADU O 0 1 6/16/2022 1 0 1/0/1900 N HCD Affordability
Calculator
191 112 05 01 525 Walker St BP22-0122 SFD O 0 1 7/6/2022 1 0 1/0/1900 N HCD Affordability
Calculator
191 112 05 01 527 Walker St BP22-0123 ADU O 0 1 7/6/2022 1 0 1/0/1900 N HCD Affordability
Calculator
191 132 09 00 665 Grove St BP22-0124 SFD O 0 1 7/6/2022 1 0 1/0/1900 N HCD Affordability
Calculator
191 151 22 00 730 Tucker St BP22-0133 ADU O 0 1 7/14/2022 1 0 1/0/1900 N HCD Affordability
Calculator
191 242 25 00 230 Laurel Ave BP22-0148 ADU O 0 1 7/21/2022 1 0 1/0/1900 N HCD Affordability
Calculator
191 093 15 01 412 Grove St BP22-0163 SFD O 0 1 8/24/2022 1 0 1/0/1900 N HCD Affordability
Calculator
NULL
2013 Rayo De La
Luna Dr BP22-0177 SFD O 0 1 9/6/2022 1 0 1/0/1900 N
HCD Affordability
Calculator
NULL
2013 Walnut
Drive BP22-0218 SFD O 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
2007 Walnut
Drive BP22-0219 SFD O 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
2001 Walnut
Drive BP22-0220 SFD O 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL 1947 Walnut drive BP22-0221 SFD o 0 1 10/25/2022 1 0 1/0/1900 N Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1941 Walnut
Drive BP22-0222 SFD O 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1935 Walnut
Drive BP22-0223 SFD o 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1929 Walnut
Drive BP22-0224 SFD o 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1923 Walnut
Drive BP22-0225 SFD o 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1917 Walnut
Drive BP22-0226 SFD o 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1911 Walnut
Drive BP22-0227 SFD o 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1905 Walnut
Drive BP22-0228 SFD o 0 1 10/25/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
192 180 13 00 473 Olson Way BP22-0275 SFD o 0 1 12/8/2022 1 0 1/0/1900 N HCD Affordability
Calculator
190 082 08 00 433 Wilson St BP22-0276 ADU o 0 1 12/12/2022 1 0 1/0/1900 N HCD Affordability
Calculator
NULL
1910 Walnut
Drive BP22-0278 SFD o 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1916 Walnut
Drive BP22-0280 SFD o 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1922 Walnut
Drive BP22-0281 SFD o 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1928 Walnut
Drive BP22-0282 SFD O 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1934 Walnut
Drive BP22-0283 SFD o 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1940 Walnut
Drive BP22-0284 SFD O 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1946 Walnut
Drive BP22-0285 SFD O 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
1952 Walnut
Drive BP22-0286 SFD O 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
2000 Walnut
Drive BP22-0287 SFD o 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
2006 Walnut
Drive BP22-0288 SFD o 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
2012 Walnut
Drive BP22-0289 SFD o 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
NULL
2018 Walnut
Drive BP22-0290 SFD o 0 1 12/13/2022 1 0 1/0/1900 N
Survey of
Comparable Units
and HCD
Affordability
Calculator
191 093 12 01 846 Haven Dr BP22-0301 ADU o 0 1 12/20/2022 1 0 1/0/1900 N HCD Affordability
Calculator
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial
Assistance and/or Deed
Restrictions
Project Identifier Demolished/Destroyed Units
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units

4.E.4
Attachment: Annual Progress Report 2022 (Table A2) (2022 Housing Element Annual Progress Report)

Page 1 of 8 ends

Jurisdiction Arvin
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

1. Housing Information
Outreach Program
Promote property owner awareness and interest in
available housing programs through the City website
and print media in public buildings
Annually 2017-2023 In October 2015, the City updated its website http://www.arvin.org/ to include links to housing programs administered by the Housing Authority of the County of Kern (HACK).

In addition, material on HACK housing programs were made available on the City Hall counter. In partnership with Self Help Enterprises, the City used PLHA and other COVIDrelated funds to create a COVID assistance program for rent, mortgage, and utility payment assistance in 2021. Self Help Enterprises is managing the implementation of the program and, outreach to include posters and large banners strategically placed throughout the City, social media posts across various platforms, in-person tabling event on October 1, 2021, and multiple online workshops with translations services available.

2. Home Maintenance
Counseling Program
The City will conduct one counseling workshop a year
on home maintenance to answer question on code
compliance, home health and safety. The City will
arrange for provisions of translation materials and
interpretation at its community workshops as
appropriate.

The City will conduct “neighborhood clean-up/fix-up
day” twice a year and announce the event on the City’s
website and flyers published in the local newspaper
and posted at City Hall and other public facilities.

Flyers and notices of this event will be in English and Spanish and will be distributed to the school district to involve students in this clean-up campaign.

Annually 2017-2023 In October 2015, the City conducted a community clean-up workshop to answer questions regarding code compliance, carports, disabled vehicles, unpermitted structures, storage rooms, and property setbacks.The home maintenance program was not implemented during 2022, but the city continues to work on implementing the program. The city is preparing to launch Year Two of PLHA funding to assist with potential ADU upgrades for residents.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation

4.E.5
Attachment: APR2022 Table D (2022 Housing Element Annual Progress Report)

Page 2 of 8 ends

1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

3. Neighborhood "CleanUp"/"Fix-Up" CampaignsThe City will conduct “neighborhood clean-up/fix-up day” twice a year and announce the event on the City’s
website and flyers published in the local newspaper
and posted at City Hall and other public facilities.

Flyers and notices of this event will be in English and Spanish and will be distributed to the school district to involve students in this clean-up campaign.

Annually 2017-2023 Due to staffing shortages, the COVID-19 pandemic, and related constraints the City prioritized outreach for COVID economic relief and other beneficial programs for the public such as grant applications for park and recreational spaces. The City listened to resident concerns and took action to "fix up" parks and public spaces by implementing an urban greening CALFIRE grant amd planting over 170 trees. In 2021, the City applied and was awarded over $1.9 million in Prop 68 funds for park renovations.

Additional planning activities took place in 2022 for Clean Up/Fix-Up campaign events for the following year. The city also conducted a neighborhhod clean-up event at both DiGiorgio Park and Kovacevich Park.

4. Arvin Housing Advisory
Committee
Establish the Arvin Housing Element Advisory
Committee within six month from adoption of the
Housing Element Amendment
Within six months from the
adoption of Housing
Element Amendment
City used internal resources to create an outreach plan and timeline for the Arvin Housing Advisory Committee but implementation was halted due to sudden staff shortages. The City has not been able to establish a permanent Committee, but in preparation for the 6th Cycle housing element, the City has conducted public meetings with stakeholders and the public.

5. Code Enforcement
Program
1) Hire full-time Code Enforcement officer; 2) Identify and address approx. 150-200 code violations cases
per year.

Hire a full-time Code
Enforcement officer in 2017
and continue the program to
2023 (if CDBG funds are
available)
The City hired a full-time Building Inspector/Code Enforcement Officer in late 2021 funded by the General Fund. Prior to this full-time position being filled, the City had a part-time building inspector/code enforcement officer for the earlier part of 2021. year.

6. Residential Rental Unit
Inspection and Maintenance
Program
Adopt a Residential Rental Unit Inspection and
Maintenance Program.

Establish the program in
2018 and continue the
program to 2023 (if CDBG
funds are available)
Due to staffing shortages, the COVID-19 pandemic, and other constraints this program was not active in 2022.

4.E.5
Attachment: APR2022 Table D (2022 Housing Element Annual Progress Report)

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Table D
Program Implementation Status pursuant to GC Section 65583

7. Funding Single-Family
Owner Occupied
Rehabilitation and MultiFamily Rehabilitation
Program
Secure HUD funds through the State and initiate the
Single-Family Owner Occupied Rehabilitation and MultiFamily Rehabilitation Programs. The number rehabilitation loans to be approved will depend on the
CDBG and/or HOME allocation amount and the
maximum loan improvement amount per program.

Establish the program in
2018 and continue the
program to 2023 (if CDBG
and/or HOME funds are
available)
The City prioritized outreach for COVID-related economic relief programs in 2021 to include options for homeowners. CDBG funds allocated in 2021 included a homeless navigation center in Arvin, additional COVID-19 relief support for businesses and residents, and older applications that rolled over for capital improvement projects. In 2022, the city applied to CDBG program for funding fo rhome rehabilitation, and funding for the Arvin Homeless Navigation center. Both applications are currently pending.

8. Maintain and Update
Inventory of At-Risk Housing
Projects
a) Develop a preservation strategy for at-risk projects, b) Maintain and update an at-risk project inventory
and aid at-risk project owners.

Annually 2017-2023 The City maintains a list of at-risk housing projects in the City.

9. Preservating Mobilehome
Parks
1) Notify mobilehome park residents and associations
of the MPRROP and provide information material on
the City’s website; 2) Mail flyers to mobilehome park
owners regarding regional, State and Federal
resources and funds.

Annually 2017-2023, as
NOFAs are available.

Due to staffing shortages, the COVID-19 pandemic,
and other constraints this program was not active in 2022.

10. Section 8 Rential
Assistance
Continue participating in the HACK Section 8 program. Annually 2017-2023 City continues to participate in the program. The City refers all Section 8 Rental Assistance program enquiries to the Housing Authority of the County of Kern (HACK) at its website https://kernha.org/. There are 13 tenant based
voucher holders and 59 HUD project-based voucher holders in Arvin.

4.E.5
Attachment: APR2022 Table D (2022 Housing Element Annual Progress Report)

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Program Implementation Status pursuant to GC Section 65583

11. Development of
Extremely Low-Income
Housing
1) Facilitate the construction of 198 extremely-low
income housing units during the 2016-2023 Planning
Period; 2) Prepare a development guide/marketing
package and provide it on the City's website and mail it to local and regional for-profit and non-profit housing developers.

Prepare development
guide/markting package in
2018
City continues to compile pertinent information on
HCD programs that support and facilitate extremely lowincome housing construction. This information has been made available for internal purposes and interested parties.

The city is pursuing grants to develop such units (Arvin Town Center Project), but funding is currently pending.

12. Energy Conservation
Library
Increase energy efficiency of new homes and to
reduce housing operating costs.

Annually 2017-2023 The City continues to collect updated information on energy conservation and efficiency from the Hero
Program ([email protected]), Kern Energy
Watch (www.kernenergywatch.com) and in partnership with San Joaquin Valley Clean Energy Organization. Due to
successful community engagement workshops for
homeowners regarding consumer protection for solar

13. Update and Amend the
General Plan and Zoning
Ordinance:
(a) Sphere of Influence
Create opportunities for at least 269 lower income
households
Expansion of SOI
anticipated within five years
of adoption of the Housing
Element and update of the
General Plan and Zoning
Map occurring one year after
SOI expansion
Completed in February 2019, the City Council adopted
Ordinance No. 2019-456 amending the Municipal Code,
including the Transitional and Supportive Housing ordinance to comply with State law.
13 (b) Density Bonus Amend the current density bonus ordinance Concurrent with the adoption of the 2013-2023 Housing
Element Amendment in
2017/18.

Completed in February 2019, the City Council adopted Ordinance No. 2019-456 amending the Municipal Code, including the Density Bonus Ordinance to comply with State law.

4.E.5
Attachment: APR2022 Table D (2022 Housing Element Annual Progress Report)

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Table D
Program Implementation Status pursuant to GC Section 65583 13 (c) Transitional and
Supportive Housing
Amend the zoning ordinance to comply with State law
on transitional and supportive housing
Concurrent with the adoption
of the 2013-2023 Housing
Element Amendment in
2017/18.

Completed in February 2019, the City Council adopted
Ordinance No. 2019-456 amending the Municipal Code,
including the Transitional and Supportive Housing ordinance to comply with State law. In 2022, the city plans to rezone R-3 and R-4 for higher densities.
13 (d) Family Amend the Municipal Code to redefine “Family”. Concurrent with the adoption of the 2013-2023 Housing
Element Amendment in
2017/18.

Completed in February 2019, the City Council adopted
Ordinance No. 2019-456 amending the Municipal Code,
including the definition of Family to comply with State law. 13 (e) Minimum Units Per
Acre and Units Per Site
Amend the development standards in the R-3 and R-4
zoing ordinances.

Concurrent with the adoption
of the 2013-2023 Housing
Element Amendment in
2017/18.

Completed in February 2019, the City Council adopted
Ordinance No. 2019-456 amending the Municipal Code,
including the Minimum Units/Acre and Units/Site ordinance to comply with State law.
13 (f) Remove Minimum
Unit Size
Amend the development standard of R-2-7.5 zoning
ordinance.

Concurrent with the adoption
of the 2013-2023 Housing
Element Amendment in
2017/18.

Completed in February 2019, the City Council adopted
Ordinance No. 2019-456
amending the Municipal Code, including the removal of
Minimum Unit Size to comply with
State law.
13 (g) Rezone Land to
Accommodate the Shortfall
of Affordable Housing from
the 2008-2013 Housing
Element
Amend zoning for APN 190-030-48 from R-3 to R-4 Concurrent with the adoption of the 2013-2023 Housing
Element Amendment in
2017/18.

Completed in 2018, the City Council adopted Ordinance No. 2018-445.
13 (h) General Plan
Consistency
1) Amend the Safety and Conservation Elements of
the General Plan to include policies regarding fire and flood hazard management, and the Land Use Element
to address disadvantaged communities; 2) Prepare
the General Plan Progress Report
1) Concurrent with the
adoption of the 2013-2023
Housing Element
Amendment in 2017/18; 2)
Annually 2017-2023
Completed in January 2019, the Planning Committee adopted Resolution No. 2019-03 updating the Safety Element and
Conservation Element to address flood and high fire hazards and in February 2019, Resolution No. 2019-09 was adopted to address unincorporated island or fringe communities.

4.E.5
Attachment: APR2022 Table D (2022 Housing Element Annual Progress Report)

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Table D
Program Implementation Status pursuant to GC Section 65583 14, Adequate Infrastructure
for Affordable Housing
Amend the Housing Element to include a policy to
provide water and sewer service priority to affordable
housing projects.

Concurrent with the adoption
of the 2013-2023 Housing
Element Amendment.

The existing housing element has a policy to
provide priority infrastructure service to affordable housing.

15. Local Plan and
Standard Review
Facilitate the production of affordable for-sale and
rental housing.

Annually 2017-2023 In 2021 the City designated ten separate parcels as surplus land according to the Surplus Lands Act and released a Request for Proposals for Surplus Lands Public Sale, Lease, or Exchange. City is actively working with interested parties regarding the parcels available to include mainly affordable housing developers. Additionally, using LEAP and SB2 funds, the City is updating their Zoning Ordinance regarding multifamily units and creating an Accessory Dwelling Unit (ADU) Program to facilitate additional affordable housing options.

16. Faciliting Large Parcels Facilitate development along Sycamore Road between Meyer Street and Stockton Avenue.
2018/2019 and on-going for
the development of marketrate apartments and mixeduse development.

In 2019, the City approved the construction of the
Auburn Oaks housing project (Tract 5816-11) on the vacant property (APN 189-351-58 and 189-351-67) located near the southwest corner of Sycamore Road and Meyer Street. This 140-unit project is funded by the USDA and will primarily serve farmworkers. Site preparation was started in 2020 with construction proposed in 2021 and 2022. As of December 31, 2021 permits have not been issued for the construction

17. Promote Variety of
Housing
Provide the development guide/marketing package on
the City's website and mail the marketing package to
local and regional for-profit and non-profit housing
developers
Information on the City
website in 2017, and
marketing package mailed
annually
As discussed in Program 15, the City was awarded
LEAP, PLHA, and SB2 funding to develop an ADU Program, preapproved plans, and a corresponding ordinance to facilitate ADU construction. Additionally, in 2021, in compliance with the Surplus Lands Act, the City published surplus lands available for possible low to moderate housing development.

The City website is up to date with the most recent General Plan, Municipal Code, application and impact fee schedules.

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Program Implementation Status pursuant to GC Section 65583

18. Adequate Sites
Monitoring Program
1) Maintain an up-to-date inventory of adequate
housing sites for each income category on the City's
website 2) Perform an annual evaluation to determine
whether sites are being utilized for residential
development and monitor the effectiveness of
programs and incentives
Annually evaluation during
the 2017-2023 period with
additional sites and/or
incentives within six months
of the evaluation, if needed.

The annual evaluation will
be conducted in
February/March of each
year, prior to the submittal of
the annual Housing Element
Progress Report to HCD at
the end of March.

An annual land use survey was
conducted by the City to monitor the development of vacant land identified in the Arvin 2013-2023 Housing Element.

Results of the visual survey are on file with the Arvin Community Development Department. In summary, new
development on previously vacant land mainly occurred in the northeast (vicinity of Varsity Avenue and Tejon Highway).

19. Reasonable
Accommodation
Provide information on the reasonable accommodation ordinance on the City's website and at City Hall and at the Building and Planning counter. On-going Reasonable accommodation information is available at City Hall.

20. Farmworker Housing Develop information packages on developing farmworker housing and procedures to priority processing farmworker housing projects. Starting in 2018 with an assessment of farmworker
housing needs, if CDBG
funds are available.

In 2019, the City approved the construction of the
Auburn Oaks housing project (Tract5816-11) on the vacant property (APN 189-351-58 and 189-351-67) located near the southwest corner of Sycamore Road and Meyer Street. This 140-unit project is funded by the USDA and will primarily serve farmworkers. Site preparation was started in 2020 with construction proposed in 2021 and 2022. As of December 31, 2021, permits have not been issued for the construction on the units.

21. Outreach for Persons
with Developmental
Disabilities
Develop information packages on developing
farmworker housing and procedures to priority
processing farmworker housing projects.
2017/2018 Due to staffing shortages, the COVID-19 pandemic, and other constraints this program was not active in 2022.

4.E.5
Attachment: APR2022 Table D (2022 Housing Element Annual Progress Report)

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Table D
Program Implementation Status pursuant to GC Section 65583

22. Equal Housing
Opportunity Program
Develop an outreach program providing information on
housing options for persons with developmental
disabilities through a variety of traditional and
electronic media, as well as through face-to-face
interaction.

Annually 2017-2023 This project is a continuing effort.

23. Housing No Net Loss
Program
Develop an evaluation procedure to implement
Government Code Section 65863.

Annually 2017-2023 The City continues to refer fair housing inquiries to Greater Bakersfield Legal Assistance (GBLA) and California Rural Legal Assistance (CRLA). CRLA continues to rent office space (Arvin Veterans Hall) from the City to provide fair housing services for Arvin residents.

4.E.5
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Staff Report Ordinance Amending Title 8 To Permit A Limited Number of Store Front Sales of Commercial Cannabis.

CITY OF ARVIN
Staff Report
Meeting Date: March 14, 2023
TO: City Council
FROM: Jake Raper, Consultant Planner
Jeffrey Jones, City Manager
SUBJECT: 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 and may permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District.

BACKGROUND:

The City Council adopted Ordinance No. 479 on March 22, 2022 establishing Chapter 8.29 Marijuana, Section 8.29.05 Commercial Cannabis Activity and said Ordinance became effective on April 22, 2022. The City Council is requested to further amend Ordinance No. 2022-479 to permit a limited number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis.

The public hearing notice for this item was published in the Bakersfield Californian on March 03, 2023 in accordance with Government Code 36933. The proof of publication of the public notice is on file in the Arvin City Clerk’s office.

DISCUSSION:

The number of permitted Store Front Sales is recommended to be limited to a ratio of one store front sales per 10,000 population or portion thereof. The proposed amendments will allow two and up to three Store Front Sales to be established within the City of Arvin based upon the current population of 19,522. The location of the Store Front Sales is limited per the existing ordinance and restricts the locations to the Industrial, M-1, M-2, and M-3, Zones and the Agricultural, A-1- A-2, Zones and may be permitted within the Bear Mountain Central Business District as established by Chapter 17.68. Minor amendments proposed will not require the Store Front Operation site to be fenced but will require all existing security measures per the existing ordinance. The amendments will not eliminate the safeguards nor reduce operational standards required by State Law, current ordinances, or proposed ordinance amendments.

The proposed ordinance amendment for the selection of a Store Front Sales applicant will require the submittal of an application “Proposal for Operation and Contribution to Community Benefit”.

Due to the limited number of Store Front Sales, it is anticipated that there will be more than two interested in obtaining the Store Front Sales allocation. The proposed ordinance amendment

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Staff Report Ordinance Amending Title 8 To Permit A Limited Number of Store Front Sales of Commercial Cannabis.
requires the applicant to be selected by the City Manager and approval of the Proposal for Operation and Contribution to Community Benefit prior to the submittal of a Commercial Cannabis Application. Further the code amendment will continue to retain the definitions, enforcement, violations, insurance coverage limits, application review and approval procedures.

In addition, all other commercial cannabis activity, including but not limited to cultivation, delivery, and dispensing, not specifically allowed by the Ordinance shall be prohibited. Personal cannabis activity, both recreational and medical, shall remain governed by the requirements of Chapter 8.29 of Title 8 of the Arvin Municipal Code.

The proposed amendments, Attachment 1- Inserted Proposed Text Amendments to Ordinance No. 479, have been underlined, Bolded and highlighted in yellow, and have been inserted into Ordinance No. 2022-479 so that the proposed amendments may be distinguished from the existing ordinance.

ENVIRONMENTAL:

The proposed ordinance amendment is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment, as this Ordinance merely amends the Arvin Municipal Code to establish new and amended procedures and requirements for the permitting and regulation of certain commercial cannabis activities, the environmental impacts of which will be assessed on a use-specific basis. (CEQA Guidelines § 15061(b)(3)). Furthermore, the City Council finds and determines the Ordinance would also be subject to Categorical Exemptions under CEQA Guidelines sections 15307 and 15308, as it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.) Finally, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Ordinance. Upon adoption of the ordinance, it is recommended that the City Clerk file the Notice of Exemption with the Kern County Clerk’s Office.

RECOMMENDATION:

Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the 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 and may permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District.

FISCAL IMPACT:

There were consultant staff costs involved in the preparation of the Ordinance amendment. A separate fee and cost recovery for all Commercial Cannabis applications were previously adopted and the application fee and cost recovery fees are anticipated to be full cost recovery for future Commercial Cannabis applications. The overall impact of the Ordinance is anticipated to have a positive financial impact by encouraging an increase in retail sales tax. In addition, the existing ordinance requires the forward payment of $25,000.00 per quarter for each Commercial Cannabis permit issued by the City Manager. This payment is to be credited against the future Commercial

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Staff Report Ordinance Amending Title 8 To Permit A Limited Number of Store Front Sales of Commercial Cannabis.

Cannabis Tax as established by Tile III, Chapter 3.19 Commercial Cannabis Tax. In addition, in as much as the City has limited the total Commercial Cannabis square footage and limited the Type 12 Microbusiness to 10, the failure to implement and operate an approved Commercial Cannabis permit within two (2) years the forward payment will not be entitled to a refund.

EXHIBIT:

Ordinance No. 479, adopted on March 22, 2022, establishing Chapter 8.29 Marijuana, Section

8.29.05 Commercial Cannabis Activity and said ordinance became effective on April 21, 2022.

The City Council is requested to further amend Ordinance No. 2022-479 to permit a limited number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis.

ATTACHMENTS:
1- Inserted Proposed Text Amendments to Ordinance No. 479 2- Public Hearing Notice: On file at the City Clerk’s Office 3- Notice of Exemption – Store Front Sales Commercial Cannabis 4- Application Operational and Contribution to Community Benefit

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Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.

ORDINANCE NO. _________

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 AND TYPE 12 STORE FRONT SALES OF

COMMERCIAL CANNABIS AND MAY PERMIT STORE FRONT SALES

IN THE INDUSTRIAL, AGRICULTURAL AND BEAR MOUNTAIN
CENTRAL BUSINESS DISTRICT.

WHEREAS, the City of Arvin ("the City") has the authority under Article XI, Section 7 of the California Constitution, to enact regulations for the public peace, morals, and welfare of the City; and
WHEREAS, on March 22, 2022, the City Council adopted Ordinance No. 2022-479 establishing Chapter 8.29 Marijuana, Section 8.29.05 Commercial Cannabis Activity and said ordinance became effective on April 22, 2022; and
WHEREAS, the City Council desires to further amend Ordinance No. 2022-479 to permit a limited number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis; and WHEREAS, the City Council desires to further amend Ordinance No. 2022-479 to permit Store Front Sales within the Industrial, Agricultural, and Bear Mountain Central Business District as established by Chapter 17.68; and
WHEREAS, all citations and references stated and referenced in the adoption of Ordinance 2022-479 are hereby incorporated herein; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating commercial cannabis activities; and WHEREAS, based on the foregoing and pursuant to the above-described express statutory authority and its police power, the City desires to explicitly prohibit certain cannabis activities, outdoor cultivation (for both medicinal and adult-use), and to enact reasonable regulations for other commercial cannabis activities in order to protect and promote public health, safety and welfare; and
WHEREAS, the City Council now sees fit to further amend Ordinance No. 2022-479, establishing limited opportunity for Type 10 or Type 12 Store Front Sales of Commercial Cannabis and further amending and adding new regulatory language within Chapter 8.29 "Commercial Cannabis Activity" of the Arvin Municipal Code, and to amend and supplement the regulations imposed by said chapter on commercial cannabis businesses and applicants in the City; and

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Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.

WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to the cultivation, manufacturing, testing, distribution, or consumption of cannabis which is illegal under state or federal law; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

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

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

SECTION 2. The City Council finds and determines that the Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment, as this Ordinance merely amends the Arvin Municipal Code to establish new and amended procedures and requirements for the permitting and regulation of certain commercial cannabis activities, the environmental impacts of which will be assessed on a use-specific basis. (CEQA Guidelines § 15061(b)(3)). Furthermore, the City Council finds and determines the Ordinance would also be subject to Categorical Exemptions under CEQA Guidelines sections 15307 and 15308, as it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.) Finally, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Ordinance. Therefore, the City Council also adopts Categorical Exemptions for this Ordinance, pursuant to CEQA Guidelines sections 15307 and 15308.

SECTION 3. Chapter 8.29 Marijuana of the Arvin Municipal Code, entitled "Marijuana” Section 8.29.05 Commercial Cannabis Activity," as added to the Arvin Municipal Code by City Ordinance No.2022-479 adopted March 22, 2022. and is amended to read as follows:

Chapter 8.29 MARIJUANA
SECTION 8.29.05 COMMERCIAL CANNABIS ACTIVITY

1. Section 8.29.05.04 - Permitted Types of Commercial Cannabis Businesses, subsection a 16 and 18 is amended and subsection 22 is added to read as follows:

16. Type 10 = Retailer (subject to Section 8.29.050, i.e. delivery only). See below for exception.

18. Type 12 = Microbusiness (subject to Sections 8.29.05.04(c) and 8.29.050). See below for exception.

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Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.

22. Types 10 and 12 Retailer – Store Front Sales: "Storefront sales" means the retail sale of cannabis or cannabis products directly to customers from a storefront, dispensary, or other permanent building or structure, or in any manner that does not constitute delivery.

2. Section 8.29.05.04 - Permitted Types of Commercial Cannabis Businesses, subsection d is added as follow:
d. The number of Store Front Sales: One Store Front Sales per 10,000 population or portion thereof. NOTE: Based upon this ration the City population would permit two (2) possible three (3) Store Front Sales. The City of Arvin's 2020 Population is 19,552 – The most recent population determination shall determine the number of Store Front Sales to be permitted.

Issuance of a Commercial Cannabis Permit for Store Front Sales shall be selected based upon completion of the preliminary review “Proposal for Operation and Contribution to Community Benefit” application. Approval and selection of a proposed Store Front operator by the City Manager is required prior to the submittal of a Commercial Cannabis Permit application.

3. Section 8.29.050.05 - Prohibited Types of Commercial Cannabis Businesses, Subsection a – 6 is deleted:

6. Type 10 and 12 (Storefront sales prohibited.)

4. Section 8.29.05.06 - Required Licenses and Permits, Subsection c -2 is amended to read as follows: .

2. No commercial cannabis permit shall authorize public access to any commercial cannabis business. Only persons involved in the bona fide business activities of a commercial cannabis business shall be authorized to access the premises of a commercial cannabis business. Store Front Sales shall allow public access permitted under Section 8.29.05.04 (d).

5. Section 8.29.05.08 - Security Measures, Subsection a – 11a is added as follows:
(11a) Fencing of site and/or facility shall not be required for Store Front Sales, however, the City Manager may require additional security measures to be implemented as provided in Chapter 8.29.05.

6. Section 8.29.05.110 - Location of Commercial Cannabis Business - Proximity to Sensitive Uses, subsection d is amended as follows:
(a) Commercial cannabis activity shall be authorized within the following zoning districts of the City: M-1, M-2, M-3, A-1 and A-2 zoning districts and in addition, Store Front Sales may be

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Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.
authorized within the Bear Mountain Central Business District as established by Chapter

17.68. Commercial cannabis activity is prohibited in all other zoning districts of the City. (d) A commercial cannabis business generally may not operate adjacent to, across a street or alley from, or within two hundred feet (200') of, any residential zoning district or area of the City. Location distance and/or separating commercial cannabis business, as described above, shall be measured from the exterior of the structure(s). Applicant shall prepare locational map verifying locational distance and shall certify that the structure locations meet the two hundred feet separation. However, if a proposed building or an existing building or facility in a City zoning district enumerated in subsection (a) is located adjacent to or across a street or alley from a residential zoning district or area of the City, a commercial cannabis business may be permitted to operate in such location if, in the opinion of City Manager, the operation of a commercial cannabis business in such location would not tend to cause a public nuisance, nor a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings. Any subsequent expansion of a commercial cannabis business permitted to operate in such a location, which expansion requires a new or amended commercial cannabis permit, shall also be subject to a determination by the City Manager that the expansion would not tend to cause a public nuisance or a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings.

7. Section 8.29.05.160 - Fees and Charges, Subsection c-4 Added as follows:

4. Pursuant to Section 8.29.05.04(d), the City has limited the Type 10 and 12 Store Front Sales based upon the ratio of 1 Store Front Sales per 10,000 population or portion thereof. Payment per subsection c-3, above shall apply.

8. Section 8.29.05.295 is added to read as follows:

Section 8.29.05.295 – Operation and Contribution to Community Benefit - Type 10 and 12 Store Front Sales be subject to preliminary approval by the City Manager:
(a) Limitation of Store Front Sales: No more than one Store Front Sales per 10,000 population or portion thereof will be permitted.
(b) Operation and Contribution to Community Benefit Application Required: Prior to the submittal of a Commercial Cannabis Application for a Store Front Sales, a Proposal for Operation and Contribution to Community shall be submitted to the City Manager. The City Manager may create application that outline minimum expectations of the proposed operator.
(c) Review Time of Application: Upon receipt of an application Proposal for Operation and Contribution to Community, the City Manager shall review within 60 days and may prepare an acceptance letter or prepare a counter proposal. (d) Competing Proposals and Applications: Should the City Manager receive more than one Proposal for Operation and Contribution to Community, the City Manager shall have the

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Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.
sole authority to select the most beneficial contribution to the City and operational effectiveness among the applications submitted.
(e) Required Acceptance Letter Prior to the Submittal of a Commercial Cannabis Application: The applicant must receive an acceptance letter from the City Manager of the Proposal for Operation and Contribution to Community Benefit, prior to the submittal of a Store Front Sales - Commercial Cannabis Permit Application. (f) Square Footage Required: The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet. (g) No accessory structures in support of the Commercial Cannabis business will be permitted.

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

SECTION 6: This Ordinance shall take effect thirty (30) calendar days after its adoption.

Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation. //////
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Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_031423 (Public Hearing - First Reading Ordinance

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Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council of the City of Arvin after waiving reading, except by Title, at a regular meeting thereof held on the 14th day of March 2023, and adopted the Ordinance after the second reading at a regular meeting held on the 28th day of March 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor

APPROVED AS TO FORM
By:

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

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Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_031423 (Public Hearing - First Reading Ordinance

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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of

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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of ORDINANCE NO. 2022-479 ADOPTED MARCH 22, 2022
Section 8.29.05.01 - Purpose and Intent.
(a) It is the purpose and intent of this Chapter to adopt local prohibitions and regulations applicable to commercial cannabis activity as may be permitted by the Medicinal and AdultUse Cannabis Regulation and Safety Act and other applicable State law, as amended, pertaining to regulation of commercial cannabis and the use of land, in order to protect the City's neighborhoods, residents, and businesses from negative impacts. It is a further purpose and intent of this Chapter to regulate the cultivation, manufacturing and testing of cannabis and cannabis products in a manner which is responsible and which protects the health, safety, and welfare of the residents of the City, and to enforce rules and regulations consistent with applicable state law including, but not limited to, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, the Compassionate Use Act of 1996, and the Medical Marijuana Program Act. In furtherance of these objectives, this Chapter imposes an annual regulatory permit requirement, a conditional use permit requirement, employee work permit requirements, and operating requirements applicable to persons who seek to own, operate, or engage in commercial cannabis businesses within the City as authorized under this Chapter or the Arvin Municipal Code. Nothing in this Chapter is intended to authorize any activity which is in violation of state or federal law. The provisions of this Chapter are in addition to the business license requirements applicable to business conducted in the City, and to all other applicable requirements of the Arvin Municipal Code. (b) Pursuant to Section 7 of Article XI of the California Constitution, the City is authorized to adopt ordinances that establish standards, requirements, and regulations for local licenses and permits for commercial cannabis activity. Any standards, requirements, and regulations regarding commercial cannabis activity, including health and safety, testing, laboratory operations and safety, security, and worker protections established by the State, or any of its agencies, departments, or divisions, shall be the minimum standards applicable in the City, and the provisions of this ordinance shall apply in addition thereto.

Section 8.29.05.02 - Definitions.

When used in this Chapter, the following terms shall have the meanings ascribed to them in this Section. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(a) "Building Official" means the Building Official for the City or his/her designee. (b) "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. (c) (c) "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include the weight of any other ingredient combined

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store with cannabis to prepare topical or oral administrations, food, drink, or other product. For the purpose of this Chapter, "Cannabis" does not mean industrial hemp as that term is defined by Section 11018.5 of the California Health and Safety Code.
(c) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this Chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health & Safety Code, or a drug, as defined by Section 109925 of the Health & Safety Code. (d) "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(e) "Chief of Police" means the Chief of Police for the Arvin Police Department or his/her designee.
(f) "City Manager" means the City Manager for the City or his/her designee. (g) "Commercial cannabis activity" or "commercial cannabis business" includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale (including retail and wholesale) of cannabis or cannabis products conducted or engaged in by any person, except cultivation and possession of cannabis for personal use as governed by Arvin Municipal Code Chapter 8.29, Section 8.29.05 and/or as preempted by State law.
(h) "Commercial cannabis permit" means a permit issued by the City pursuant to this Chapter to a commercial cannabis business.
(i) "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (j) "Cultivation site" means a facility where cannabis is propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or where all or any combination of those activities occur.
(k) "Day care center" means, as the term is understood in Business & Professions Code Section 26001(o), as may be amended, any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age childcare centers.
(l) “Delivery" means the commercial transfer of cannabis or cannabis products to a customer at the customer's home or other location remote from the premises of the commercial cannabis business making the delivery and includes the use by a retailer of any technology platform. "Delivery" does not mean or include storefront sales.
(m) "Distribution" means the procurement, sale and transport of cannabis and cannabis products between licensees.
(n) "Distributor" means a licensee engaged in distribution. (o) "Edible cannabis product" means a cannabis product that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store Code or a drug as defined by Section 109925 of the California Health and Safety Code.
(p) Employee – See (ee) Responsible Person.
(q) "Fire Chief" means the Fire Chief for the City as designated by the Kern County Fire Department, or his or her designee.
(r) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996. (s) "Labeling" means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
(t) "License" or "State License" means a license issued by the State of California, or one of its departments or divisions, pursuant to Division 10 of the California Business & Professions Code. "Licensee" means a person holding a State License.
(u) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants. (v) "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(w) "Manufacturer" means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container; "Manufacturer" includes the activity of manufacturing.
(x) "Manufacturer 1" means a licensee that manufactures cannabis products using nonvolatile solvents, or no solvents.
(y) "Manufacturer 2" means a licensee that manufactures cannabis products using volatile solvents.
(z) "Nursery" means a licensee that produces only cannabis clones, immature cannabis plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
(aa) "Owner" means any person who has an ownership interest in a commercial cannabis business.
(bb) "Package" means any container or receptacle used for holding cannabis or cannabis products.
(cc) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, nonprofit organization, or any other group or combination acting as a unit and includes the plural as well as the singular.
(dd) "Premises" means the designated structure or structures and the surrounding land that is owned, leased or otherwise held under the control of a commercial cannabis permit applicant or permittee where commercial cannabis activity will be or is conducted. This definition does not alter the meaning of the term "Premises" as utilized by the State of California for commercial cannabis licensing.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (ee) "Responsible person" means any person who is responsible for, or who will oversee or participate in, the direction, control, management, or supervision of a commercial cannabis business.
(ff) "Retailer" means a person who engages in the retail sale of cannabis or cannabis products to customers.
(gg) "Sell," "sale" and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting and receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(hh) "School" means, as the term is understood in Business & Professions Code Section 26054(b), as may be amended, a place of instruction in kindergarten or any grades 1 through 12.
(ii) "State" means the State of California and all of its departments, divisions and agencies, including but not limited to the Bureau of Cannabis Control, the Department of Public Health, and the Department of Food and Agriculture. (jj) "Stacking" means cultivating cannabis plants on platforms or tables and stacking them in multiple layers on top of each other.
(kk) "Storefront sales" means the retail sale of cannabis or cannabis products directly to customers from a storefront, dispensary, or other permanent building or structure, or in any manner that does not constitute delivery. "Storefront sales" does not include delivery.
(ll) "Testing Laboratory" means a laboratory, facility or entity that offers or performs tests of cannabis or cannabis products and that is both: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity; and (2) a State licensee. (mm) "Topical cannabis" means a cannabis product intended for external application.

A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.
(nn)“Volatile solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(oo) "Youth center" means, as the term is understood in Business & Professions Code Section 26001(av), as may be amended, any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

Section 8.29.05.03 - Applicability to Personal Cannabis Activity.

This Chapter applies only to commercial cannabis activities. Except as otherwise provided by this Chapter, cultivation of cannabis for personal use is governed by Section 8.29.05.03 of the Arvin Municipal Code, as may be amended from time to time, and consumption of cannabis is governed by Section 8.29.05.06 of the Arvin Municipal Code, as may be

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store amended from time to time. To the extent any provision of Chapter 8.29 of the Arvin Municipal Code conflicts with this Chapter, this Chapter shall govern.

Section 8.29.05.04 - Permitted Types of Commercial Cannabis Businesses (a) Commercial cannabis operations within the City, which comprise the activities of indoor cultivation, mixed-light cultivation, nursery cultivation, retailer (delivery only), manufacturer, testing laboratory, distributor, and microbusiness (other than storefront sales) are allowed subject to issuance and maintenance of the permits and entitlements set forth in Section 8.29.05.06(a), continuing compliance with this Chapter and all other applicable City and State laws and regulations, and issuance and maintenance of a valid and current State license of a classification listed below, as provided for in Business & Professions Code Section 26050 and applicable State regulations:

1. Type lA = Cultivation; Specialty Indoor; Small.

2. Type 1B = Cultivation; Specialty Mixed-Light; Small.

3. Type 2A = Cultivation; Indoor; Small.

4. Type 2B = Cultivation; Mixed-Light; Small.

5. Type 3A = Cultivation; Indoor; Medium.

6. Type 3B = Cultivation; Mixed-Light; Medium.

7. Type 4 = Cultivation; Nursery.

8. Upon authorization by the State of California, Type 5A = Cultivation; Indoor; Large.

9. Upon authorization by the State of California, Type 5B = Cultivation; MixedLight; Large.

10. Type 6 = Manufacturer 1.

11. Type 7 = Manufacturer 2.

12. Type N = Manufacturer (i.e. no extractions, pursuant to 17 CCR § 40118, as may be amended).

13. Type P = Manufacturer (i.e. packaging and labeling only, pursuant to 17 CCR § 40118, as may be amended).

14. Type 8 = Testing Laboratory.

15. As authorized by California Code of Regulations, Type 9 = Non-Storefront Retailer (i.e. retail sales by delivery only, pursuant to 16 CCR § 5414, as may be amended).

16. Type 10 = Retailer (subject to Section 8.29.050, i.e. delivery only). See below for exception.

17. Type 11 = Distributor.

18. Type 12 = Microbusiness (subject to Sections 8.29.05.04(c) and 8.29.050). See below for exception.

19. Type 13 = Distributor (i.e. transport only, pursuant to 16 CCR § 5315, as may be amended).

20. Cultivation License Types for Indoor or Mixed-Light pursuant to 3 CCR § 8201, as may be amended).

21. Commercial Cannabis types that may be established by the State of California and is determined by the City Manager to be in substantial compliance with this Chapter.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store

22. Types 10 – 12 Retailer – Store Front Sales: "Storefront sales" means the retail sale of cannabis or cannabis products directly to customers from a storefront, dispensary, or other permanent building or structure, or in any manner that does not constitute delivery.
(b) Any commercial cannabis activity not expressly authorized by this Chapter is prohibited. (c) The number of commercial cannabis permits authorizing the operation of a microbusiness requiring a Type-12 State License that may be active or valid in the City at any given time shall not exceed thirty-five (35) permits, or a lower number as may be established by the City Council.
(d) The number of Store Front Sales: One Store Front Sales per 10,000 population or portion thereof. NOTE: Based upon this ration the City population would permit two (2) possible three (3) Store Front Sales. The City of Arvin's 2020 Population is 19,552 – The most recent population determination shall determine the number of Store Front Sales to be permitted. Issuance of a Commercial Cannabis Permit for Store Front Sales shall be selected based upon completion of the preliminary review “Proposal for Operation and Contribution to Community” application. Approval and selection of a proposed Store Front operator by the City Manager is required prior to the submittal of a Commercial Cannabis Permit application.

Section 8.29.050.05 - Prohibited Types of Commercial Cannabis Businesses (a) Commercial cannabis businesses within the City which involve the activities of outdoor cultivation and storefront sales are prohibited in the City. This prohibition includes, but is not limited to, commercial cannabis activities licensed by the State license classifications listed below, as provided for in Business & Professions Section 26050 and applicable State regulations:

1. Type 1= Cultivation; Specialty Outdoor; Small.

2. Type 1C = Cultivation; Specialty Cottage; Small.

3. Type 2 = Cultivation; Outdoor; Small.

4. Type 3= Cultivation; Outdoor; Medium.

5. Type 5 = Cultivation; Outdoor; Large.

6. Type 10 and 12 (Storefront sales prohibited.)
(b) Except as otherwise expressly provided in this Chapter, the prohibition of subsection (a) includes any similar commercial cannabis activities authorized under new or revised State licenses, or any other State authorization, for any type, category, or classification of commercial cannabis activities which involve the above-referenced or similar activities or operations.
(c) Notwithstanding any provision of this Chapter or the Arvin Municipal Code, storefront sales are prohibited in the City. No commercial cannabis permit issued to any person, including but not limited to a person holding a Type 10 "Retailer" or Type 12 "Microbusiness" State license, shall include any authorization to engage in storefront sales.

This prohibition applies to both adult-use and medicinal cannabis and cannabis products.

As such, no medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider, within the meaning of Health & Safety Code Section 11362.768, shall be permitted to engage in storefront sales. The term "storefront sales" shall include making available, tendering, offering, bartering, gifting, releasing, delivering,

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store providing or exchanging any cannabis or cannabis products. However, this subsection does not prohibit the issuance of commercial cannabis permits authorizing non-storefront sales, by delivery only, of cannabis or cannabis products in the City. (d) Consistent with Business & Professions Code Section 26080, nothing in this Chapter shall be interpreted to prohibit the use of the public roads of the City by a State licensee in the course of making cannabis deliveries to and from areas outside of the City.

Section 8.29.05.06 - Required Licenses and Permits.
(a) It shall be unlawful to own, establish, operate, use, or allow the establishment or activity of a commercial cannabis business, or to participate in a commercial cannabis business as an employee, contractor, agent, volunteer, or in any manner or capacity, other than as provided in this Chapter and pursuant to the following:

1. A valid and current commercial cannabis permit(s) issued by the City pursuant to this Chapter, and

2. The equivalent State license(s) for such commercial cannabis business issued pursuant Division 10 of the Business & Professions Code, as may be amended, and

3. Employee Badge pursuant to Section 8.29.05.09; and

4. A valid City business license.
(b) The City Manager is hereby authorized to issue commercial cannabis permits on behalf of the City. The City Manager, or designee, in his or her sole discretion, may issue a commercial cannabis permit only upon confirming that the applicant to whom the permit is to be issued has satisfied all of the requirements of this Chapter and the other applicable provisions of the Arvin Municipal Code, as may be amended from time to time, any regulations promulgated pursuant to this Chapter, and any law or regulation enacted by the State of California or any department of the State governing commercial cannabis activities.
(c) Commercial cannabis permits shall be governed by the following requirements and limitations:

1. Commercial cannabis permits may only permit the types of cannabis activity expressly authorized by this Chapter.

3. Commercial cannabis businesses shall not employ or grant access to any individual who is under twenty-one (21) years of age.

4. Each commercial cannabis permit issued pursuant to this Chapter shall expire twelve (12) months after the date of its issuance and must thereupon be renewed.

Continued operation of a commercial cannabis business after expiration of a commercial cannabis permit shall be unlawful and a violation of this Chapter.

5. Prior to issuance of any commercial cannabis permit, each proposed commercial cannabis business shall be subject to the mandatory inspections provided by Section

8.29.05.15 and shall obtain all required permits or approvals which are otherwise required for the premises by applicable law, including, but not limited to, building

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store permits, California Fire Code approvals, and planning-level permit(s) required by Title 17 Zoning of the Arvin Municipal Code. City Manager may issue a Conditional Commercial Cannabis Permit where the business is actively implementing conditions, obtaining clearances and licenses from local agencies and the state of California. Temporary Certificate of Occupancy may be issued by the Building Official where such occupancy is near completion of required improvements and where the Building Official and Fire Agency finds that no health and safety factors exists.

6. Consistent with Business and Professions Code Section 26053, a commercial cannabis business conducting multiple commercial cannabis activities shall obtain a commercial cannabis permit authorizing each type and location of commercial cannabis activity prior to engaging in that activity. A commercial cannabis business licensed by the State to conduct multiple commercial cannabis activities shall not receive a commercial cannabis permit authorizing any commercial cannabis activity within the City that is not expressly authorized by this Chapter. An applicant may be issued a commercial cannabis permit authorizing multiple different types of commercial cannabis activities as defined by applicable State license classifications, consistent with the requirements of Business and Professions Code Section 26053 and/or a Type 12 "Microbusiness" State license.

7. Revocation, termination, denial, non-issuance or suspension of a State license shall immediately and automatically terminate the commercial cannabis permit, and all commercial cannabis activity shall immediately cease. Upon reinstatement or receipt of a new State license, the commercial cannabis activity may file for a new permit from the City. While a new application for a commercial cannabis permit is pending, the applicant shall not engage in any commercial cannabis activity.

Violations of this Section shall be grounds for denial of an application for a commercial cannabis permit and for the enforcement, penalties and cost recovery prescribed within Section 8.29.05.170 and any other applicable provisions of the Arvin Municipal Code.

8. The issuance of a commercial cannabis permit shall constitute a revocable privilege and shall not create or establish any vested rights for the development or use of any property.
(d) Renewals of commercial cannabis permits shall be governed by the following requirements and limitations:

1. Applications for renewal of commercial cannabis permits shall be filed with the City Manager at least sixty (60) calendar days prior to the expiration date of the permit and shall be subject to all requirements applicable to an application for initial issuance of a commercial cannabis permit.

2. An application for renewal of a commercial cannabis permit shall be denied if any of the following exists:
i. The application is filed less than sixty (60) calendar days before expiration of the commercial cannabis permit. Notwithstanding the foregoing, the City Manager, in his discretion, may accept an application filed between thirty (30) and sixty (60) days before expiration based upon a showing of good cause by the applicant for the late filing.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store ii. The commercial cannabis permit, or any of the other entitlements required for the commercial cannabis to operate in compliance with this Chapter, is suspended or revoked at the time the application for renewal is submitted or is suspended or revoked while the application for renewal is pending. iii. The commercial cannabis business or activity has not been in regular and continuous operation during the four (4) months prior to the submission of the application for renewal.
iv. The commercial cannabis business is in noncompliance with any provision of this Chapter, any regulation promulgated pursuant hereto, any other provision of the Arvin Municipal Code applicable to the commercial cannabis business, or any condition of approval of the commercial cannabis permit or any other entitlement issued by the City to the commercial cannabis business.
v. The applicant for renewal of the commercial cannabis permit has failed to obtain or renew any required State license or is in violation of any applicable provision of State law or any applicable State regulation. vi. The applicant for renewal has failed to pay in full all fees, administrative fines, penalties and/or charges imposed by the City relating to the commercial cannabis business, unless assessment of the fees, administrative fines, penalties and/or charges are being appealed.

3. If a renewal application is denied, the applicant may file an appeal. The appeal must be in writing, must identify the grounds for reversing the denial, and must be submitted to the City Clerk within ten (10) days from the date of the denial. The appeal shall be conducted pursuant to Section 8.29.05.190(j). In the alternative, the applicant may file a wholly new application for a commercial cannabis permit pursuant to this Chapter. Upon expiration of the commercial cannabis permit and regardless of a pending appeal or new application for a commercial cannabis permit, all of the applicant's commercial cannabis activity shall immediately cease.

Violations of this Section shall subject the violator to denial of the appeal or new application for a commercial cannabis permit and/or the enforcement, penalties and cost recovery mechanisms prescribed within this Chapter and/or the Arvin Municipal Code.

4. Any unpaid fees, administrative fines, penalties and/or costs imposed by the City relating to the commercial cannabis business shall be added to the fee for renewal of the commercial cannabis permit, unless assessment of the fees, administrative fines, penalties and/or costs are being appealed.

5. A commercial cannabis permit shall not be renewed until the City receives payment in full of the fee for the commercial cannabis permit renewal application. Said fee shall be governed by and subject to the provisions of Section 8.29.05.190(b), unless otherwise provided by resolution of the City Council.
(e) Failure of a commercial cannabis business to obtain and maintain a valid City business license, and to remain in compliance with all applicable provisions and requirements of that license, shall constitute grounds for denial of an application for renewal of a commercial cannabis permit, suspension or revocation of a current commercial cannabis permit.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store Section 8.29.05.07 - Existing Commercial Cannabis Businesses.

Commercial cannabis businesses in existence in the City as of the date of adoption of this Chapter may continue to operate under the approved and issued Commercial Cannabis Permit and associated entitlements, Conditional Use Permit, Site Development Plan, Development Agreement, or may, upon its annual renewal, utilize this Chapter for permitting and compliance with the requirements of this Chapter. An unpermitted commercial cannabis business that can demonstrate to the City Manager's satisfaction that it is diligently applying to obtain the required permits and licenses, and that it is in good standing and otherwise in compliance with all applicable local and state laws and regulations, may, at the discretion of the City Manager, be temporarily permitted to continue its operations while its applications for the required permits and licenses are pending.

Section 8.29.05.08 - Security Measures.
(a) A permitted commercial cannabis business, regardless of building type utilized, shall implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products at the premises. These security measures shall include, but shall not be limited to, all of the following, in addition to any other security measures deemed necessary by the City Manager or required pursuant to any regulations as may be promulgated by the City Manager in furtherance of the purposes of this Chapter:

1. Preventing persons from remaining on the premises of the commercial cannabis business if they are not engaging in bona fide business activity of the commercial cannabis business.

2. Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

3. Ensuring that live growing plants which are being cultivated are kept in a secured cultivation site, and that all cannabis and cannabis products are stored in a secured and locked room, safe, or vault at all times. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.

4. Installing twenty-four (24) hour security surveillance cameras with night vision capability and of at least 1080p HD-quality to monitor all entrances and exits to and from the premises and to monitor all interior spaces, excluding all restroom and changing room facilities, within the commercial cannabis business. The security surveillance system shall be compatible with software and hardware utilized by the Arvin Police Department and as approved by the Chief of Police or designee. The security surveillance system shall be capable of providing the Arvin Police Department with remote real-time/live access to the video footage during emergency situations, including but not limited to armed robbery, active shooter, hostage, and exposure to hazardous or volatile substances. Video recordings shall be maintained for a minimum of forty-five (45) days. Upon request by the Chief of Police, video recordings will be provided to the Arvin Police Department within twenty-four (24) hours. If the commercial cannabis business refuses to provide the Chief of Police access to the real-time/live video feed or the requested video recordings, the City Attorney shall be authorized to seek reimbursement of all costs, including but not limited to court costs, attorney's fees, filing fees, administrative

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store time and fees and employee time, incurred by the City while seeking a warrant and/or judicial intervention granting the requested access. The requirements of this Section shall be in addition to any other applicable provision of the Arvin Municipal Code.

5. Sensors shall be installed to detect entry and exit from all secure areas.

6. Panic buttons shall be installed in all commercial cannabis businesses.

7. A professionally installed, maintained, and monitored alarm system shall be maintained in operable condition at all times.

8. Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building and shall be installed in compliance with all applicable requirements of the Arvin Municipal Code, California Building Code and California Fire Code.

9. Each commercial cannabis business shall have the capability to remain secure and operational during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

10. All security personnel to be hired or used by each commercial cannabis business shall be licensed by and in good standing with the State Bureau of Security and Investigative Services and shall obtain an Employee Badges pursuant to Section

8.29.05.09. At least one such security guard shall be on the premises of each commercial cannabis business during all operating hours. The City Manager may increase the number of security guards required to be on the premises of any commercial cannabis business as a condition of approval of any commercial cannabis permit application, if he or she deems such additional security guards necessary to adequately protect the premises based on the size or other characteristics of the commercial cannabis business or its premises. (11) Fencing shall be installed along the perimeter of the project site. Fencing location, design, and materials shall be approved by the City Manager or designee. Fencing shall be a minimum of 10’-0” with angled or electrified top. Materials shall be limited to wrought iron fencing, masonry, a combination of the two, or alternatives subject to approval by the City Manager or their designee. All fencing shall have angled wrought iron topping or must be electrified. Electronic entry gates for automobiles and pedestrian shall be designed as noted above and the City Manager or designee shall have final approval. Fencing must be in place to the satisfaction of the City Manager or their designee as well as the Building Department prior to being eligible for a certificate of occupancy or a temporary certificate of occupancy.
(11a) Fencing of site and/or facility shall not be required for Store Front Sales, however, the City Manager may require additional security measures to be implemented as provided in Chapter 8.29.05.
(12) Any portion of the fencing that is electrified shall comply with all State, Federal and Local laws, including, but not limited to, California Civil Code section 835 and any amendments thereto.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (13) Developer must submit a detailed fencing plan to the City Engineer or their designee for approval. Plans may be included within a larger Civil Design Plan required for overall site development approval. At a minimum, the plans must show the layout of all proposed exterior fences with locations of gates for pedestrians and vehicles.

Plans must also include typical sections, typical elevations, and details regarding hardware, materials, color, textures, and any additional information requested by the City Engineer upon review of a fencing plan. The use of existing fences must also be shown on the plans, detailed appropriately, and shall be subject to approval on a caseby-case basis by the City Engineer. City Engineer review shall be independent of any necessary review by the Building Department which the Developer must submit plans to for a separate permit following City Engineer approval. (14) The use of razor wire, barbed wire, or similar materials is strictly prohibited. In cases of masonry walls, all public facing sides must be covered in an approved anti-graffiti material or must have climbing vines attached to the walls which must be maintained over time to the satisfaction of the City Manager. In cases of wrought iron fences, the Developer may install an opaque cover to prevent the public from seeing into the site. In these cases, such a cover must also have an approved anti-graffiti coating. Any graffiti must be immediately removed by the Developer within 72 hours when notified by the City Manager or their designee regardless of when the graffiti first appeared. Similarly, any damage to the perimeter fencing must be immediately repaired within 72 hours when notified by the City Manager or their designee regardless of when the damage first appeared. (15) Approved colors and textures for public facing portions of fences are as follows unless otherwise approved by the City Manager or their designee:

Masonry: terra cotta; split faced
Wrought iron and opaque coverings: black or green; opaque covering to be metallic or durable plastic capable of withstanding substantial winds and must be UV and rust resistant.
(b) Each commercial cannabis business shall provide the City Manager with the identity and contact information for a liaison who shall be reasonably available to meet and discuss compliance with the requirements of the Arvin Municipal Code, state law and/or any other laws and regulations applicable to the commercial cannabis business. (c) As part of the application and permitting process, each commercial cannabis business shall provide the City Manager with a detailed transportation plan describing the procedures for safely and securely transporting cannabis, cannabis products and/or currency. (d) A commercial cannabis business shall notify the Chief of Police within twenty-four (24) hours after discovering any of the following:

1. Significant discrepancies identified in inventory. The level of significance may be determined by regulations promulgated by the City Manager.

2. Diversion, theft, loss or any criminal activity involving the commercial cannabis business, an employee or any agent of the commercial cannabis business.

3. The loss or unauthorized alteration of records referring or related to cannabis, cannabis products, employees or agents of the commercial cannabis business.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store

4. Any other breach of security.

Section 8.29.05.09 - Employee Badge Requirement.

Every employee or independent contractor working at or for a commercial cannabis business or involved in security, delivery or distribution, or other services for a commercial cannabis business shall obtain an employee badge pursuant to Title 4 Cal. Code Regulations Section 15043 or as may be amended. (§15043. Licensee Employee Badge Requirement. All agents, officers, or other persons acting for or employed by a licensee conducting retail sales or participating in a temporary cannabis event shall display a laminated or plastic-coated identification badge always issued by the licensee while engaging in commercial cannabis activity. The identification badge shall, at a minimum, include the licensee’s “doing business as” name and license number, the employee’s first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph of the employee that clearly shows the full front of the employee’s face and that is at least 1 inch in width and 1.5 inches in height.).

Persons who are listed as commercial cannabis permit holders or owners thereof, who are subject to criminal history records checks pursuant to Section 8.29.05.240(k), shall be required to obtain an Employee Badge if such person also serves as an employee or contractor for the permit holder's commercial cannabis business.

Section 8.29.05.100 - Right to Occupy and to Use Property.

As a condition precedent to the City's issuance of a commercial cannabis permit pursuant to this Chapter, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location is leased from another person, the applicant for a permit under this Chapter shall provide a signed and notarized statement from the owner of the property to demonstrate the property owner has acknowledged and has consented to the operation of a commercial cannabis business on the property.

Section 8.29.05.110 - Location of Commercial Cannabis Business - Proximity to Sensitive Uses.
(a) Commercial cannabis activity shall be authorized within the following zoning districts of the City: M-1, M-2, M-3, A-1 and A-2 zoning districts and in addition, Store Front Sales may be authorized within the Bear Mountain Central Business District as established by Chapter 17. 68. Commercial cannabis activity is prohibited in all other zoning districts of the City.
(b) Notwithstanding subsection (a) of this Section, no commercial cannabis business shall be located within six hundred feet (600') from any school, day care center, youth center, public park, or public library (“Sensitive Uses”). Location distance separating Sensitive Uses, as described above, shall be measured from the exterior of the structure(s). Applicant shall prepare locational map verifying locational distance and shall certify that the structure locations meet the six hundred feet separation.
(c) No commercial cannabis business may operate within any residential zoning district or area of the City.
(d) A commercial cannabis business generally may not operate adjacent to, across a street or alley from, or within two hundred feet (200') of, any residential zoning district or area of

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store the City. Location distance and/or separating commercial cannabis business, as described above, shall be measured from the exterior of the structure(s). Applicant shall prepare locational map verifying locational distance and shall certify that the structure locations meet the two hundred feet separation. However, if a proposed building or an existing building or facility in a City zoning district enumerated in subsection (a) is located adjacent to or across a street or alley from a residential zoning district or area of the City, a commercial cannabis business may be permitted to operate in such location if, in the opinion of City Manager, the operation of a commercial cannabis business in such location would not tend to cause a public nuisance, nor a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings. Any subsequent expansion of a commercial cannabis business permitted to operate in such a location, which expansion requires a new or amended commercial cannabis permit, shall also be subject to a determination by the City Manager that the expansion would not tend to cause a public nuisance or a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings.
(e) Commercial cannabis businesses shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in Title 17 of the Arvin Municipal Code. (f) Any commercial cannabis business which has been determined by the City Manager to be an existing commercial cannabis business on the effective date of this Chapter shall be exempt from compliance with the limitations prescribed in this Section, unless such location is otherwise determined to constitute a public nuisance or otherwise a disturbance to the adjacent or neighboring uses as determined by the provisions of this Chapter.

Section 8.29.05.120 - Alcohol and Tobacco Restrictions. (a) In accordance with Business & Professions Code Section 26054, as may be amended, no commercial cannabis business shall cause or allow the sale (whether retail or wholesale) of alcoholic beverages or tobacco products on its premises. (b) No commercial cannabis business shall cause or allow alcoholic beverages to be dispensed or consumed on its premises.
(c) No commercial cannabis business shall operate in a location that requires persons to pass through a business that sells alcohol or tobacco to access the premises of the commercial cannabis business, or that requires persons to pass through the premises of the commercial cannabis business to access a business that sells tobacco or alcohol. (d) No commercial cannabis business shall operate in a location that is adjacent to a business that sells alcoholic beverages at retail. Applicant shall certify that the commercial cannabis business/structure(s) is not adjacent to a business that sells alcoholic beverages at retail.

Section 8.29.05.130 - Concurrent Regulation with State.

It is the stated intent of this Chapter to regulate commercial cannabis activity in the City concurrently and consistently with State law. Except where an express provision of this Ordinance applies to create an obligation that is more stringent than the minimum standards established by State law, this Chapter shall be construed in accordance with that intent.

Section 8.29.05.140 - Compliance with Laws.

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (a) It shall be the responsibility of the commercial cannabis permit holder, including its owners and operators, to ensure that the permitted commercial cannabis business is, at all times, operating in compliance with all applicable state and local laws and regulations, as amended, and any conditions of approval of a State license or City-issued commercial cannabis permit or other entitlement.
(b) Nothing in this Chapter shall be construed as an authorization of any action or conduct in violation of state law or local law with respect to the operation of a commercial cannabis business.
(c) Nothing in this Chapter shall be construed as an authorization by the City, its elected or appointed officials, employees, agents, representatives and/or consultants, collectively or individually, of any conduct in violation of federal law.

Section 8.29.05.150 - Inspections and Enforcement.
(a) No commercial cannabis business shall commence operation, and no commercial cannabis permit application or conditional use permit application shall be approved for any commercial cannabis business, unless and until:

1. The City Manager, or designee, and Police Chief, or designee, have inspected the premises of the commercial cannabis business and reviewed all written procedures, standards and protocols developed by such business pursuant to this Chapter, and have confirmed in writing that the business is in compliance with all applicable requirements of this Chapter and other applicable provisions of the Arvin Municipal Code, any applicable local regulations, and any applicable state laws, administration or enforcement of which is within their jurisdiction; and

2. The Fire Chief and Building Official have inspected the premises of the commercial cannabis business and reviewed all written procedures, standards and protocols developed by such business pursuant to this Chapter and have confirmed in writing that the premises are in compliance with the California Building Standards Code and the State Fire Marshal regulations, as adopted by the City, and all other applicable building and fire safety-related requirements, administration or enforcement of which is within their jurisdiction.
(b) In addition to the initial permit inspections pursuant to subsection (a) and after permitted commercial cannabis business activities have commenced, the City Manager, the Building Official, the Police Chief, and the Fire Chief are authorized to conduct reasonable unannounced and suspicionless inspections of the interior and exterior premises of any commercial cannabis businesses at any time during regular business hours (generally eight (8:00) a.m. and seven (7:00) p.m., Monday through Sunday), for the purpose of ensuring compliance with this Chapter and applicable state law as specified in subsection (a). (c) Each commercial cannabis business shall be subject to two mandatory inspections conducted pursuant to subsection (b) per calendar year. Notwithstanding the foregoing, further inspections may be conducted at any time in response to complaints received by the City relating to violations on the premises of a commercial cannabis business. (d) During all inspections conducted pursuant to this Section, the inspecting officials are authorized to photograph and otherwise document the conditions on the premises, and to take such other measures as are reasonably necessary to ascertain whether the business is in compliance with this Chapter, subject to adherence to all HIPAA rights and all other applicable privacy rights unrelated to the purpose and intent of the inspection. Samples of

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store cannabis and cannabis products may be temporarily taken from the commercial cannabis business and retained for the minimum time and to the minimum extent necessary to ascertain compliance with this Chapter, provided that any such samples shall be logged, recorded, and maintained in accordance with the Arvin Police Department standards for evidence.
(e) For all inspections required by this Section (not including complaint-based inspections), inspection fees sufficient to cover the costs of such inspections shall be paid by each commercial cannabis business as part of such business' commercial cannabis permit application fees or annual permit fees.
(f) Failure or refusal of a commercial cannabis business, or any owner, manager, employee or agent thereof, to grant access to the premises of the commercial cannabis business to facilitate any inspection pursuant to this Section shall constitute a violation of this Chapter, and shall constitute grounds for the City to obtain an inspection warrant to inspect the commercial cannabis business in accordance with State law. (g) All inspections shall be subject to adherence to applicable HIPAA rights and other applicable privacy rights unrelated to the purpose and intent of the inspections. (h) The requirements and remedies set forth in this Section shall be in addition to all other applicable provisions of the Arvin Municipal Code.

Section 8.29.05.160 - Fees and Charges.
(a) No person may commence or continue any commercial cannabis activity in the City without timely paying in full all fees, costs, penalties and charges required in connection with the establishment or operation of a commercial cannabis activity. Fees and charges associated with the establishment or operation of a commercial cannabis activity shall be set by resolution or ordinance of the City Council.
(b) All commercial cannabis businesses operating pursuant to this Chapter shall pay any and all applicable sales, use, business or other taxes, and all license, registration, or other fees required pursuant to federal, state, and local law.
(c) Commercial Cannabis Tax Revenues and Rates are established for Commercial Cannabis businesses in accordance with Title III Revenue and Finance, Chapter 3.19.

1. Pursuant to Section 8.29.05.290(a), the City has limited the total square footage of Commercial Cannabis to 1,350,000 square feet,

2. Pursuant to Section 8.29.05.04(c), the City has limited the Type 12 Microbusiness to a total of 35 business within the current City limits.

3. Due to the limitation of square footage for commercial cannabis business, the applicant of and any assignee shall pay, upon approval of each Commercial Cannabis permit, a minimum sum of $25,000.00 per quarter, regardless of operational status. The payment shall be paid within 10 days of the approval/conditional approval of a Commercial Cannabis permit. i. Should the Commercial Cannabis business be operational, the minimum quarterly payment shall be credited toward that business’s following quarter’s tax liability.
ii. Should the Permit Holder fail to begin operations within two years of the first permit’s issuance, payment of the quarterly $25,000.00 minimum required payment shall not be refunded. The quarterly payment is required due to the limited square footage for Commercial Cannabis and is

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store established as a deterrent against non-operational permit holders. The nonoperation of permitted Commercial Cannabis establishments is determined to be detrimental to the health and welfare of the City.

Section 8.29.05.170 - Violations and Enforcement.
(a) It is unlawful for any person to violate any provision of this Chapter. (b) Each and every violation of this Chapter constitutes a misdemeanor punishable in accordance with Chapter 1.08.010 of the Arvin Municipal Code. (c) Each and every violation of this Chapter constitutes a public nuisance which may be abated by the City pursuant to the Arvin Municipal Code.
(d) Violations of this Chapter may be redressed by any and all applicable civil remedies available to the City, including but not limited to civil actions for injunctive relief. (e) Violations of this Chapter are subject to all applicable administrative remedies under the Arvin Municipal Code, including but not limited to issuance of administrative citations.

Notwithstanding the foregoing, the administrative citation penalty for all violations of this Chapter, within a rolling twelve (12) month period, shall be as follows: one thousand dollars and no cents ($1,000.00) per violation.
(f) Any person that violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which the violation exists. and shall be penalized pursuant to this Chapter and the applicable provisions of the Arvin Municipal Code.
(g) The remedies set forth in this Section are cumulative of each other and of any other legal remedies available at law.
(h) The City Manager may suspend or revoke a commercial cannabis permit when the permit holder or anyone acting on its behalf has committed any of the following acts or maintained any of the following conditions:

1. Any action or condition which would constitute grounds for denial of a commercial cannabis permit.

2. Any violation of this Chapter, the Arvin Municipal Code, any applicable state law governing the commercial cannabis business or activity, or any applicable condition of approval of the commercial cannabis permit or any other entitlement pertaining to the operation of the commercial cannabis business. (i) Prior to suspending or revoking a commercial cannabis permit, the City Manager shall conduct a hearing. Written notice of the hearing shall be provided to the permit holder at least five (5) calendar days prior to the hearing. The notice shall contain the basis for suspending or revoking the commercial cannabis permit. Notice may be provided by either personal service, U.S. mail and/or posting or depositing the notice at the commercial cannabis business. After the hearing, the City Manager shall provide notice of the decision whether to suspend or revoke the commercial cannabis permit in the same manner applicable to the notice of hearing. The decision of the City Manager shall be final, subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision. The commercial cannabis permit holder has no right to an administrative appeal of the decision.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (j) The City Manager may immediately suspend a commercial cannabis permit without notice or hearing, subject to a subsequent hearing prior to reinstatement or revocation pursuant to subsection (i), under the following circumstances:

1. The commercial cannabis permit holder is convicted of a public offense in any court for the violation of any law which would be grounds for denial of a commercial cannabis permit.

2. The City Manager, Chief of Police, Fire Chief or any other authorized public safety or building official determines that immediate suspension is necessary to protect the public health, safety and welfare of the community. The City Manager shall provide notice of the grounds for immediate suspension of the commercial cannabis permit, and the suspension shall only be for as long as reasonably necessary to address the grounds which led to the suspension.

Section 8.29.05.180 - Limitations on City's Liability.

To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a commercial cannabis permit or otherwise approving the operation of any commercial cannabis business pursuant to this Chapter. As a condition of approval of any commercial cannabis permit issued pursuant to this Chapter, the person to which a commercial cannabis permit is issued shall be required to meet all of the following conditions:
(a) Execute an agreement indemnifying, defending (at its sole cost and expense), and holding the City and its officers, employees, representatives, and agents harmless from any and all claims, losses, damages, injuries or liabilities associated with permitting or approving the operation of a commercial cannabis activity or the operation thereof or associated with the commercial cannabis business or its members' violation of any federal, state or local laws. (b) Maintain insurance at coverages, limits, and with conditions thereon determined necessary by the City Manager, in consultation with the City Attorney. Commercial General Liability insurance shall be maintained at all times with coverage limits that meet or exceed one million dollars ($1,000,000.00) per occurrence and in the aggregate. In the alternative to maintaining Commercial General Liability insurance, a commercial cannabis permit holder may post a bond, in a form subject to approval by the City Attorney, with the City in the minimum amount of one million dollars ($1,000,000.00). The City Manager may, in his or her sole discretion, increase the minimum bond amount required by a commercial cannabis permit holder.
(c) Reimburse the City for any and all costs and expenses, including attorneys' fees and costs and court costs, that the City may be required to pay as a result of any legal challenge related to the City's approval of a commercial cannabis permit pursuant to this Chapter or the City's approval of the operation of a commercial cannabis activity. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the obligations imposed under this Section.

The City may revoke a commercial cannabis permit for failure to maintain the required insurance or bond. The City may provide a commercial cannabis permit holder with written notice of its intent to revoke the commercial cannabis permit and for failure to maintain the required insurance or bond. Within seven (7) calendar days from the date upon the notice of intent to terminate, a commercial cannabis permit holder shall tender to the City proof that it has obtained the required insurance or posted the required bond. If a commercial cannabis permit holder fails to timely provide proof of the required insurance or bond to the City, the commercial cannabis permit shall

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store be revoked, and the commercial cannabis permit holder shall immediately cease all commercial cannabis business activities. Failure to immediately cease all commercial cannabis business activities shall subject the commercial cannabis permit holder to the penalties, enforcement and cost recovery provisions established within the Arvin Municipal Code and any other legal remedies available to the City.

Section 8.29.05.190 - Commercial Cannabis Permit Application Procedures and Requirements.
(a) In addition to the authority granted pursuant to the express provisions of this Section and Chapter, to the extent consistent with this Chapter and other applicable law, the City Council may by resolution adopt such fees, and the City Manager may adopt such forms and procedures, as are necessary to implement this Chapter with respect to the review, processing, evaluation, selection, investigation, approval, denial, renewal, suspension, and revocation of commercial cannabis permits and related appeals. (b) The owner of a proposed commercial cannabis operation shall file an application with the City Manager upon a form provided by the City and shall pay an application filing fee as established by resolution of the City Council, as may be amended from time to time. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of reviewing and processing the application. If a trust deposit-based fee is established, it shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial amount of the trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days of a request from the City. If the applicant fails to do so, application review and processing shall cease and shall not continue until such additional amounts are paid.
(c) Each commercial cannabis permit application shall contain, at minimum, the following:

1. The printed full name, signature, date of birth, social security number, a color photocopy of the California Driver's license or equivalent form of identification approved by the City Manager, and current address and telephone number of all owners of and responsible persons for the commercial cannabis business that is the subject of the application.

2. Signed consent of each owner and responsible person, who is identified pursuant to subsection (c)(1) and who is not required to obtain an employee badge pursuant to Section 8.29.05.090, to a fingerprint-based state and federal criminal history records check conducted by the City or an agency authorized or requested to do so by the City, including but not limited to fingerprint analysis conducted utilizing the California Department of Justice Live Scan system or any other system deemed necessary or appropriate in the discretion of the City Manager.

3. The address of the commercial cannabis business to which correspondence from the City is to be sent, if other than the permitted premises.

4. The names and addresses of all businesses operated by, and the employment of, the applicant and its owners for the five (5) years immediately preceding the date of the application.

5. Any litigation in which the applicant(s) has been involved within the five (5) years immediately preceding the date of the application and a statement of whether any business currently operated by the applicant(s) or operated by the applicant(s)

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store within the five (5) years immediately preceding the date of the application has been investigated or the permit or license authorizing the operation of such business has been revoked or suspended within the five (5) years immediately preceding the date of the application.

6. The address of any commercial cannabis business currently being operated by the applicant or any of its owners, or which has been previously operated by any of them.

7. The existing and/or anticipated supply sources and product supply chain for all cannabis and cannabis products entering and leaving the commercial cannabis business, including the site(s) where cultivation occurs, where the cannabis or cannabis products are processed or manufactured, where any required testing of cannabis or cannabis products occurs, and distribution information. Packaging and labelling information and criteria, demonstrating compliance with Section

8.29.05.240(w), shall also be included.

8. Odor control devices and techniques demonstrating compliance with Section

8.29.05.240(i), sufficient to prevent odors from cannabis from being detectable off of the premises.

9. Procedures for safety and adequately identifying, storing, managing, and disposing of all litter, waste, hazardous materials, contaminants, or adulterated, deteriorated or excess cannabis or cannabis products or byproducts of the commercial cannabis business, and demonstrating compliance with Section 8.29.05.240(t).

10. Information reflecting adequate capitalization of the commercial cannabis business.

11. Procedures for inventory control to prevent diversion of cannabis and cannabis product, employee screening, storage of cannabis and cannabis product, personnel policies, and record-keeping procedures.

12. A detail of the operating procedures to be utilized at the facility, including a description of how chemicals and fertilizers will be stored, handled, used and disposed of, manufacturing methods, the transportation process, inventory procedures, and quality control procedures.

13. A site plan and floor plan of the premises of the commercial cannabis business denoting the property lines and the layout of all structures and areas of the commercial cannabis business including storage, cultivation, manufacturing, testing, distributing, reception or waiting areas, and all ancillary support spaces, and the relationship of the facility to adjacent properties and land uses, indicating compliance with the California Building Standards Code and Title 17 of the Arvin Municipal Code.

14. A plan for the proposed signage at the site, including size, height, colors and design of all signage, demonstrating compliance with Section 8.29.05.240(g). A City sign permit issued pursuant to applicable provisions of the Arvin Municipal Code shall be required.

15. A security plan satisfactorily addressing all required security measures identified in Section 8.29.05.080 and lighting as required by Section 8.29.05.240(x).

16. Standard operating procedures detailing how operations will comply with state and local regulations, how safety and quality of products will be ensured, recordkeeping procedures for financing, testing, and adverse event recording, and product recall procedures.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store

17. Proposed days and hours of operation.

18. Recycling and waste disposal procedures reflecting, to the extent practicable, efficiency and conservation of materials and resources used in the commercial cannabis business.

19. Youth access restriction procedures demonstrating compliance with Section

8.29.05.240(h).

20. A transportation plan providing procedures for safely and securely transporting all cannabis, cannabis products and currency to and from the premises.

21. A detailed description of energy and water usage plan enumerating best practices and leading industry practices in efficient utilization of both resources.

22. Evidence of compliance with all applicable insurance-related requirements of this Chapter and State law, including but not limited to Section 8.29.05.180.

Endorsements reflecting the City's status as an additional insured on all required policies shall also be included.

23. A copy of the valid and current City business license held by the applicant.

24. A copy of the valid and current seller's permit issued by the California Department of Tax and Fee Administration (formerly the Board of Equalization) to the applicant, or confirmation from said agency that a seller's permit is not required. If a seller's permit is required but the applicant has not yet received it, an attestation that the applicant is currently applying for a seller's permit shall suffice, provided that a copy of the permit shall be provided to the City immediately upon being obtained by the applicant, and the applicant shall not commence activities for which a seller's permit is required until it is obtained.

25. Identification of any and all other licenses and permits currently or formerly held by the applicant, and any other applications pending review for the applicant, relating to commercial cannabis activities, from any licensing or permitting authority, and specific identification of any licenses or permits denied to, suspended for, or revoked from the applicant.

26. Signed acknowledgment of the requirements of this Chapter, including biannual inspections as established within Section 8.29.05.150.

27. Signed authorization for the City Manager to seek verification of the information contained in the application.

28. A signed statement by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.

29. Any other information deemed necessary by the City Manager. (d) A commercial cannabis permit application may be denied based upon any of the following grounds:

1. The applicant has been issued a state or local permit or license to conduct commercial cannabis activities (in California or another state) and the permit or license has been suspended or revoked, or the applicant has otherwise been sanctioned or subjected to administrative disciplinary action relating to the permit or license by any licensing or permitting authority, or the applicant has been involved in a cannabis business that was ordered closed by a civil injunction or other court order based on a violation of law.

2. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has been convicted of a serious or

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c), or the applicant has been convicted of any other offense listed within Business and Professions Code Section 26057.

3. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has been convicted of a misdemeanor involving theft, dishonesty, fraud, narcotics sales or narcotic trafficking within the five (5) years preceding the date of the application.

4. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined within the Federal Controlled Substance Act, unless the applicant received a Certificate of Rehabilitation as defined in that Act, within the ten (10) years preceding the date of the application.

5. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has engaged in misconduct related to the ownership, qualifications, functions or duties of their position with the commercial cannabis business.

6. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has engaged in unlawful, fraudulent, unfair, or deceptive business practices as defined by the Arvin Municipal Code and/or state or federal law.

7. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, is under the age of twenty-one (21).

8. The applicant has violated or failed to comply with any of the requirements of this Chapter or other applicable state or local laws or regulations, or any condition of any entitlement issued to the commercial cannabis business, as determined by the City Manager.

A conviction within the meaning of this Chapter means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

This Section shall not constitute an exhaustive list of grounds for denial of a commercial cannabis application. The City Manager may promulgate regulations identifying additional grounds for denial.
(e) The City Manager shall review each application to determine whether it contains all of the required information. If the application does not contain all of the required information, it shall be returned to the applicant for completion. The City Manager shall endeavor to conclude his or her review within ninety (90) days of the filing of the application. If additional time is necessary, the City Manager will advise the applicant of an estimated review time.
(f) In reviewing an application for a commercial cannabis permit, the City Manager may request whatever additional information is deemed necessary to determine whether the application meets the requirements of this Chapter or other applicable local laws or regulations.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (g) The City Manager shall have the authority to either approve or deny the application for a commercial cannabis permit. The City Manager shall approve the application if and only if it meets all applicable requirements of this Chapter. Notwithstanding any other provision of this Chapter, the City Manager, when approving a commercial cannabis permit, may place any additional limitations and conditions on the operation of a commercial cannabis business as he or she deems necessary, consistent with the with this Chapter and any regulations promulgated pursuant hereto.
(h) Payment of an annual commercial cannabis permit fee, in an amount set by resolution of the City Council sufficient to cover the City's annual costs of administering the mandatory regulatory functions of this Ordinance in regard to the permitted commercial cannabis business, including but not limited to inspections, audits and investigations, shall be required before issuance or renewal of any commercial cannabis permit pursuant to this Chapter. The fee may be established as a trust deposit for actual costs. The fee, or initial trust deposit, shall be in an amount the City Manager estimates will cover the City's annual costs as described in this paragraph. If a trust deposit-based fee is established, the trust deposit shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial amount is not sufficient, the applicant shall provide additional amounts as necessary upon request from the City. Failure to pay such additional amounts within thirty (30) days of a request by the City shall constitute a violation of this Ordinance and grounds for denial, non-renewal or revocation of the subject commercial cannabis permit. (i) When an application is denied, the City Manager shall provide a statement of decision giving the reasons for the denial and the findings upon which the decision is based. Notice of the denial may be provided by either personal service or U.S. mail. Notice is presumed to be served upon the applicant once deposit into the U.S. mail. Any person denied a commercial cannabis permit shall have the right to appeal such denial in accordance with this Section.
(j) Any appeal of a denial of an application shall be filed and conducted as prescribed in this subsection.

1. Within ten (10) calendar days from the date of the denial of an application, the aggrieved party may appeal such action by filing with the City Clerk a written appeal setting forth the grounds for reversing the denial. The time requirement for filing an appeal shall be deemed jurisdictional and may not be waived. Appeals not timely filed or not setting forth the basis for the appeal are defective and shall be dismissed.

2. Upon receipt of such written appeal, the City Clerk shall set the matter for a hearing before the City Manager. The hearing shall be conducted pursuant to the following procedures:
i. All hearings shall be recorded. Any party may, at their sole expense, have the hearing transcribed by a certified shorthand reporter. ii. Hearings need not be conducted according to the technical rules of evidence.
iii. Any relevant evidence shall be admitted, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store iv. Oral evidence shall be taken only on oath or affirmation. The City Manager shall have the power to administer oaths.
v. Irrelevant and unduly repetitious evidence shall be excluded. vi. Each party shall have the right to: call and examine witnesses on any matter relevant to the issues of the hearing; introduce documentary and physical evidence; cross-examine opposing witnesses on any matter relevant to the issues of the hearing, subject to the control of the City Manager, including the imposition of reasonable alternatives to cross-examination; impeach any witness regardless of which party first called the witness to testify; rebut the evidence; and be represented by anyone who is lawfully permitted to do so. vii. The City Manager may take official notice, either during the hearing or after submission of the matter for decision, of any fact which may be judicially noticed by the courts of this state or of official records, regulations, rules, and decisions of state and local agencies, boards and departments and of City ordinances. In addition, the City Manager may take official notice of matters in its own files and of prior proceedings under this chapter involving the same issues. If applicable, the City Manager may also take official notice of any generally accepted technical or scientific matter within their expertise. The parties present at the hearing shall be informed of the matters to be noticed, and those matters should be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, and
viii. The City Manager may provide for reasonable continuances of the hearing, on his/her own initiative or at the request of a party, as necessary to properly conduct the appeal.

The hearing shall be set for hearing in a reasonable time after the date of filing the appeal with the City Clerk, but in no event later than ninety (90) days from the date of such filing. At least ten (10) days prior to the date of the hearing on the appeal, the City shall notify the appellant of the time and the place of the hearing. Notice may be provided by either personal service or U.S. mail. Notice is presumed to be served upon deposit into the U.S. mail.

3. At the conclusion of the hearing, the City Manager shall deliberate and reach a decision within fifteen (15) calendar days. The decision and the reason(s) for the decision shall be reduced to writing. The City Manager may affirm, reverse, or modify the denial issued pursuant to this Code as the facts and law warrant, subject to the following limitations:
i. The City Manager shall not have authority to waive any requirements of the Arvin Municipal Code or other applicable law.
ii. Nothing in these procedures shall be deemed to authorize the City Manager to deviate from unambiguous provisions of the governing code or statute, or well-established interpretations of the same, based upon expert opinions or other reliable evidence.

A copy of the decision shall be sent by mail or otherwise to the appellant. Where known, a copy may also be provided by email.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store

4. The decision of the City Manager shall be subject to a further administrative appeal to the Planning Commission, which shall be conducted in accordance with the procedures and requirements applicable to the appeal to the City Manager pursuant to this subsection. The decision of the Planning Commission shall be subject to further administrative appeal to the City Council, which shall be conducted in accordance with the procedures and requirements applicable to the appeal to the City Manager pursuant to this subsection.

5. The decision of the City Council on the appeal shall constitute a final administrative decision. The appellant may thereafter file a petition for writ of mandate in superior court pursuant to Code of Civil Procedure Section 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision.

Section 8.029.05.200 Development Agreement.

A qualified applicant, pursuant to subsection (b) of this Section, may apply to enter into a development agreement with the City pertaining to a commercial cannabis operation. The provisions of this Section shall apply to such applications. (a) Content and Procedures.
(1) Development agreements entered into pursuant to this Chapter shall set forth the terms and conditions under which the commercial cannabis business will operate that are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community benefit, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare of the City.
(2) The procedures for commercial cannabis development agreements shall comply with this Chapter, Chapter 16.40 of the Arvin Municipal Code, and Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code. To the extent there is a conflict between this Chapter and Chapter 16.40 of the Arvin Municipal Code with respect to a development agreement for a commercial cannabis business, this Chapter shall govern.
(b) Qualified Applicant. Development agreements are for substantial development projects, often requiring an investment in infrastructure and/or improvements, payment of development impact fees, and contribution of non-restricted funds that benefit the community. Such agreements are special contracts to be negotiated with property owners or those with an interest in the land. A qualified applicant is a person who meets all of the following criteria, with satisfaction of each criterion to

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store be determined in the sole discretion of the City Manager:
(1) The applicant has a pending or approved application for a commercial cannabis permit on file with the City pertaining to the real property that will be subject to the development agreement;
(2) The applicant holds a legal or equitable interest in the real property that will be the site of the commercial cannabis business. If the applicant does not own the property, the applicant must have a legal right to purchase or develop the property and/or notarized written consent from the owner of the property to operate a commercial cannabis business on the property and to enter into a development agreement with the City pertaining to the property. (c) Filing Requirements.
(1) Only a qualified applicant may file an application to enter into a development agreement. An applicant shall provide, to the satisfaction of the City Manager, written proof of meeting the criteria in subsection (b) above, as well as proof of the authority of any agent or representative to act for the applicant.
(2) The City Manager shall prescribe the form for each application, notice and documents provided for or required under this Section for the preparation and implementation of development agreements. The applicant shall complete and submit such an application form to the City Manager, along with a deposit for the estimated direct and indirect costs of processing the development agreement. Each applicant pursuant to this Section shall be required to pay a development agreement application fee, in an amount established by resolution of the City Council, sufficient to cover the City’s costs of review and processing of the development agreement application pursuant to this Section. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of reviewing and processing the application. If a trust deposit-based fee is established, the trust deposit shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days upon of a request from the City. If the applicant fails to do so, the application review and processing shall cease and shall not continue until such additional amounts are paid.
(3) The City Manager shall require an applicant to submit such information and supporting data as the City Manager considers necessary to process the application, including but not limited to a community benefit assessment to evaluate the benefits the development agreement will provide to the community.
(d) Processing Requirements.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (1) The City Manager shall endorse on the application the date it is received.

An application or related document shall not be complete until an estimated deposit for the cost of processing has been paid to the City. The City Manager shall review the application and determine any additional requirements necessary to complete processing of the application. If within thirty (30) days of receiving the application the City Manager finds that all required information has not been submitted or the application is otherwise incomplete or inaccurate, the processing of the application and the running of any limits shall be suspended upon written notice to the applicant and a new thirty (30) day period shall commence once the required material is received by the City Manager.
(2) If the City Manager finds that the application is complete, it shall be accepted for filing and the applicant so notified. After receiving the required information and determining that the application is complete, the City Manager shall prepare a staff report and recommendation to the Planning Commission and City Council stating whether or not the agreement as proposed or in an amended form would be consistent with policies of the City, this Chapter and any applicable general or specific plan. The City Attorney shall review the proposed development agreement as to legal form.
(3) Notice of a hearing regarding the development agreement shall be given by the City Manager and shall comply with the requirements of Section 65867 of the California Government Code, as may be amended, as well as in the manner set forth in this Code.
(4) The Planning Commission shall review the proposed development agreement and provide a recommendation to the City Council to approve, approve with modifications or deny the proposed development agreement.

If the Planning Commission fails to take action within sixty (60) days of opening the hearing on the matter, such failure shall be deemed to have made a recommendation of denial to the City Council unless the applicant has requested an extension of time, either in writing or on the record, which has been approved by the Planning Commission prior to the running of the sixtieth day.
(5) The proposed development agreement shall be set for hearing and consideration before the City Council within sixty (60) days of the recommendation of the Planning Commission, unless the applicant agrees in writing to an extension of time with the City Manager prior to the matter being heard by the City Council.
(6) Within ten (10) calendar days after the City enters into any development agreement pursuant to this Section, the City Clerk shall have the agreement recorded with the County Recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Section 65868 of the California Government Code, or if the City terminates or

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store modifies the agreement as provided in Section 65865.1 of the California Government Code for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.
(e) Findings and Development Agreement Conditions. After the City Council completes the public hearing, the City Council may not approve the development agreement unless it finds that the provisions of the agreement:
(1) Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan;
(2) Are compatible with the uses authorized in and the regulations prescribed by this Chapter, zoning district in which the activity is located, and area in which the real property is located;
(3) Will not be detrimental to the health, safety, environmental quality, and general welfare of the community;
(4) Will provide for or result in contributions, services or facilities that benefit the community, which may include, but are not limited to, public facilities, improvements, and services, parks, recreation and open space improvements, public art, youth sports programs, other public youth benefit programs, substance abuse awareness and recovery programs, and other public service programs.
(5) Will not adversely affect the orderly development of property or the preservation of property values;
(6) Provides for payment by the applicant of all costs associated with preparing and entering into the agreement; and
(7) Provides for a reasonable penalty for any violation of the development agreement.
(f) Effectiveness of a development agreement pursuant to this Section shall be contingent upon issuance of a commercial cannabis permit and all other entitlements necessary to operate a commercial cannabis business on the subject property.
(g) Modifications and Extensions.
(1) The provisions of Section 65868 of the California Government Code shall apply for all modifications, with the exception of Minor Modifications, extensions or other amendments of the terms of a development agreement subject to this Chapter.
(2) Either party may propose an amendment or termination of an approved development agreement subject to the following:

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (i) The procedure for amending or terminating the development agreement is the same as the procedure for entering into an agreement in the first instance.
(ii) The development agreement may be amended or cancelled only by the mutual consent of the parties, as provided in Section 65868 of the California Government Code.
(3) Nothing herein shall limit the City’s ability to terminate or modify the agreement consistent with Section 65865.1 or 65865.3 of the California Government Code, or as may be amended.
(4) Minor modifications to a Development Agreement may be authorized by the City Manager, upon consultation with the City Attorney. (5) The Development Agreement may necessitate further planning and development of the Project and may demonstrate that refinements and changes are appropriate with respect to the details and performance in implementing the Project under a Development Agreement. The Development Agreement may permit a certain degree of flexibility with respect to the details of the development of the Project and with respect to those items covered in general terms under a Development Agreement. A Minor Changes (as hereinafter defined) when found to be necessary or appropriate, a written request shall be submitted to the City Manager, unless otherwise required by federal, state or local ordinance and/or regulation, effectuate such changes or adjustments through administrative amendments executed by the City Manager or designee. Upon approval of a Minor Modification, it shall be attached as addenda and become a part of the Development Agreement. Minor Modifications shall be recorded with the Development Agreement.
(6) The term “Minor Changes” collectively means:
(a) minor deviations to the Project Approvals that are permitted under the Existing City Requirements and are reasonably approved by the City Manager;
(b) a reduction in the parking ratio requirements for the Project under consistent with the Arvin Municipal Code, provided that (i) the reduction does not exceed ten percent (10%) of the Code requirement, and (ii) the reduction is approved by the City Manager, which approval shall not be unreasonably withheld or denied; or
(c) such other changes, modifications or adjustments to the Project Approvals, which the City Manager determines are consistent with the overall intent of the Project Approvals and which do not materially alter the overall nature, scope, or design of the Project, and which are consistent with the requirements of Chapter 8.29.05 of the Arvin

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store Municipal Code and any commercial cannabis activity regulations or policies established by the City Manager.
(7) Assumption Agreement(s) - No Modification. An Assumption Agreement shall be subject to the terms of an approved Development Agreement. An Assumption Agreement shall not limit, restrict, modify, alter, amend or otherwise change in any manner the rights and obligations of an Assignor or Assignee under the DA, and in the event of any conflict between the terms and provisions of an Assumption Agreement and the terms and provisions of the DA, the terms and provisions of the DA shall control.
(8) In effecting any Minor Changes, the City shall cooperate with the Developer, provided that the permitted uses are not modified from those in the Project Approvals and any changes are in accordance with the Existing City Requirements. Minor Changes shall not be deemed to be an amendment to a Development Agreement under California Government Code section 65868 but are ministerial clarifications and adjustments, and unless otherwise required by law, no such administrative amendments shall require prior notice or hearing by the City Council. Any amendment or change requiring a environmental impact report, or a supplement thereto, pursuant to CEQA shall not be considered a Minor Change, but shall be considered substantive amendment which shall be reviewed and approved by the City Council as determined by the applicable provisions of the Arvin Municipal Code relating to the hearing and approval procedures for the specific Project Approval.

Section 8.29.05.220 - Records and Reporting.
(a) Commercial cannabis operations shall maintain on the permitted premises the following records either in paper or electronic form:

1. The full name, address, and telephone numbers of the owner and lessee of the property.

2. The name, date of birth, address, and telephone number of each employee and independent contractor of the commercial cannabis operation; the date each was hired or retained; and the nature of each person's participation in the commercial cannabis business.

3. Copies of all required state licenses.

4. An inventory record documenting the dates and amounts of cannabis and cannabis products received at the site, the daily amounts of cannabis and cannabis products on the site, and the daily amounts of cannabis and cannabis products leaving the site for any reason, including but not limited to cannabis that is sold, delivered, or distributed.

5. A written accounting of all expenditures, costs, revenues and profits of the commercial cannabis operation, including but not limited to cash and in-kind transactions.

6. A copy of all insurance policies related to the operation of the commercial cannabis operation.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store

7. A copy of the commercial cannabis operation's most recent year's financial statement and tax return.

8. Proof of a valid and current permit issued by the City in accordance with this chapter, and the equivalent State of California license to operate the commercial cannabis business. Every commercial cannabis business shall display at all times during business hours the City permit issued pursuant to the provisions of this Chapter, and the equivalent State license, in a conspicuous place so that it may be readily seen by all persons entering the location of the commercial cannabis operation.
(b) Subject to HIPAA rights and regulations unrelated to the purpose and intent of the inspection, each commercial cannabis business shall allow City officials, upon request, to inspect all books, accounts, records, information and data required to be maintained by the cannabis business pursuant to this Chapter or otherwise relevant to its permitted activities for the purpose of facilitating any inspection, audit or investigation deemed necessary by the City. Such records shall be produced within twenty-four (24) hours after receipt of the City's request.
(c) By December 1 of each year, each commercial cannabis business shall file with the City Manager a complete audited report detailing its financial operations for the previous fiscal year, including its gross revenues, net profits, and total expenditures, which report shall be certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The report shall also include a discussion, analysis, and verification of each of the records required to be maintained pursuant to this Chapter. The information contained in the report shall be made available to the City in standard electronic format which shall be compatible with Microsoft Office programs and software and which can easily be imported into either Excel, Access or any other contemporary software designated by the City Manager, and shall be subject to audit by the City.
(d) All records required by this Chapter shall be maintained by commercial cannabis businesses for a period of not less than seven (7) years, and commercial cannabis businesses shall maintain accurate records of all commercial cannabis activities. All such records shall be made available for immediate inspection by the City upon request consistent with California Business and Professions Code Section 26160.

Section 8.29.230 - Prohibition on Transfer of Commercial Cannabis Permits. (a) No commercial cannabis business shall operate under a commercial cannabis permit issued pursuant to this Chapter at any place or location other than that identified in the commercial cannabis permit.
(b) Any permit issued pursuant to this Chapter shall be null and void upon sale or transfer of ownership of the commercial cannabis business.
(c) Any attempt to transfer or any transfer of a commercial cannabis permit issued pursuant to this Chapter shall be void and the commercial cannabis permit shall be deemed immediately revoked and no longer of any force or effect. (d) Notwithstanding (a) or (b) above, the City Manager may conditionally approve a Commercial Cannabis Business permit transfer subject to the proposed transferee submittal of all required application materials (new Commercial Cannabis Permit), pays all applicable fees and charges, and independently meets the requirements of this Chapter.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store Prior to approval or conditional approval of a transfer, the existing Commercial Cannabis permit must have met all the applicable requirements.

Section 8.29.05.240 - General Operating Requirements for Commercial Cannabis Businesses.

In addition to those operating requirements specifically set forth elsewhere in this Chapter and except as may otherwise be expressly set forth in this Chapter, the following operating requirements shall apply to all commercial cannabis businesses operating in the City:
(a) Hours of Operation. Normal business hours for commercial cannabis businesses are eight (8:00) a.m. and seven (7:00) p.m., Monday through Sunday. Subject to the night-time operating restrictions applicable to deliveries set forth in Section 8.29.05.280, commercial cannabis businesses may operate outside normal business hours, provided that any business activity conducted outside of normal business hours shall be sensitive to surrounding land uses and occupants and shall not result in excessive light, noise or other impacts that could cause a nuisance to members of the surrounding community. (b) Restriction on Consumption. Cannabis shall not be consumed on the premises of any commercial cannabis businesses, except that medicinal cannabis may be consumed within a clinic, health care facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health & Safety Code, as stated in Section 8.29.05.06 of the Arvin Municipal Code.
(c) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the public right-of-way or other public area or any adjacent property. No outdoor storage of cannabis or cannabis products is permitted at any time. (d) Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business shall have in place a point-of-sale tracking system to track and to report on all aspects of the commercial cannabis business including, but not limited to, such matters as tracking of cannabis and cannabis products, inventory data, and gross sales (by weight and by sale price) and shall ensure that such information is compatible with the City's recordkeeping systems. The system must have the capability to produce historical transactional data for review by the City. All information provided to the City pursuant to this subsection shall be confidential and shall not be disclosed, except as may otherwise be required under law. (e) All cannabis and cannabis products sold, cultivated, manufactured, delivered, distributed or tested shall be cultivated, manufactured, delivered, distributed or tested by State licensees that maintain operations in full conformance with the state and local laws and regulations.
(f) Emergency Contact. Each commercial cannabis business shall provide the City Manager with the name and telephone number (office and mobile) of an on-site employee or owner to whom emergency notice can be provided on a 24-hour per day, 7-day per week basis. (g) Signage and Notices.

1. In addition to the requirements otherwise set forth in this Section, business identification signage for a commercial cannabis business shall conform to the signage requirements of the Arvin Municipal Code, including, but not limited to, issuance of a City of Arvin sign permit.

2. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.

3. No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.

4. Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.

5. Signage shall not be directly illuminated, internally or externally. No banners, flags or other prohibited signs may be used at any time.
(h) Minors. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business. It is unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age. The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business. (i) Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site.

Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected off the premises, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment or any other equipment which the City Manager determines has the same or better effectiveness:

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

2. An air system that creates negative air pressure between the commercial cannabis business's interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
(j) Display of Commercial Cannabis Permit, State License and City Business License. The original copy of the commercial cannabis permit issued by the City pursuant to this Chapter, the required State license, and the business license issued by the City pursuant to the Arvin Municipal Code shall be posted inside the commercial cannabis business in a location readily visible to the public.
(k) Criminal History Records Check.

1. Every owner of each commercial cannabis business must submit to annual fingerprint-based state and federal criminal history records checks, conducted by the City or another agency authorized or requested to do so by the City, as an application requirement in connection with each application for issuance or renewal of a commercial cannabis permit for the commercial cannabis business.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store

2. The criminal history records check may be conducted utilizing the California Department of Justice Live Scan system or any other system deemed necessary or appropriate in the discretion of the City Manager. The City Manager is authorized to request subsequent notification service, if Live Scan is used, or an equivalent service, if another system is used, sufficient to obtain ongoing notifications of criminal offenses committed by owners of commercial cannabis businesses. In the event the City Manager does so, and such subsequent notification or equivalent service reveals a conviction or other conduct, such a conviction or other conduct shall constitute grounds for immediate suspension or revocation of the subject commercial cannabis permit.

3. Owners and responsible persons shall be disqualified from involvement with a commercial cannabis business where the results of a criminal history records check would constitute grounds for denial.

4. A fee for the City's costs of conducting the criminal history records check, as established by resolution of the City Council, shall be paid at the time the application for a commercial cannabis permit is submitted. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of conducting the criminal history records check, including City review and processing services and any third-party fees. If a trust deposit-based fee is established, it shall be used and drawn upon as a retainer to cover the actual costs of such investigation. If the initial trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days of a request from the City. If the applicant fails to do so, the investigation shall cease and shall not continue until such additional amounts are paid.

5. In the alternative to subsection (k)(4) above, the commercial cannabis business or the subject owner, may provide the City Manager with a completed criminal history records check performed by a third party vendor, as deemed necessary or appropriate in the discretion of the City Manager. If this alternative is used, the fee established pursuant to subsection (k)(4) above shall not apply, except as may be necessary for the City to confirm the validity and the results of the records check used.
(l) Upon completion of the investigation or in the event the applicant withdraws its application, any unused amount of any trust deposit made pursuant to this Chapter will be refunded to the applicant within thirty (30) days of request by the applicant. (m)Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering on the premises of the commercial cannabis business. (n) Permits and other Approvals. Prior to the establishment or operation of any commercial cannabis business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate. (o) Greenhouses. Greenhouses may be utilized only for commercial cannabis cultivation businesses, including nurseries. Greenhouses used for cannabis cultivation shall be fullyenclosed permanent structures with solid walls that are clad in an opaque material with climate control, such as heating and ventilation capabilities and supplemental artificial

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store lighting, and that use a combination of natural and supplemental artificial lighting. The cultivation activities conducted within a greenhouse shall not be visible from any public right-of-way or adjacent private property. All greenhouses shall comply with the requirements of this Chapter and the Arvin Municipal Code, including the adopted requirements of the California Building Code, the California Fire Code and any other code adopted or incorporated by reference within the Arvin Municipal Code, as amended.

Greenhouse must have a minimum of 2,000 square feet.
(p) No commercial cannabis business may store food grade alcohol or any other volatile chemical, solvent or substance in an amount which exceeds the maximum authorized amount determined by the Fire Chief. Subject to the foregoing, use of food grade alcohol solely for the purposes of cleaning machinery and dissolving wax, unless otherwise prohibited by the State, is allowed.
(q) Commercial cannabis businesses shall comply with all pesticide use requirements of local, state and federal law.
(r) All weighing devices used by commercial cannabis businesses shall be maintained in compliance with local, state or federal law and applicable regulations regarding device registration with the Agricultural Commissioner.
(s) Commercial cannabis businesses shall comply with all applicable provisions of the California Building Standards Code, as adopted or incorporated into the Arvin Municipal Code.
(t) Commercial cannabis businesses shall comply with all local, state and federal laws and regulations and best practices applicable to storage and disposal of chemicals, solid waste, contaminants, hazardous materials, adulterated, deteriorated or excess cannabis and cannabis products, and all byproducts of the commercial cannabis business. (u) In no case shall any commercial cannabis business utilize any volatile solvents or other flammable, explosive or toxic substances to process or manufacture cannabis products in the City, except as expressly authorized pursuant to both a Type 7 State license and a Cityissued commercial cannabis permit. (v) All food products, food storage facilities, food-related utensils, equipment and materials shall be approved, used, managed and handled in accordance to the provisions of the California Retail Food Code, California Health and Safety Code Sections 113700 through 114437. All food products shall be protected from contamination at all times, and all food handlers must be clean, in good health and free from communicable diseases. (w)All cannabis and cannabis products, prior to leaving any licensed premises for transfer to any retailer, shall be properly labeled and placed in resealable, tamper-evident, childresistant packaging, shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products, and shall otherwise comply with applicable State laws, including Business and Professions Code Section 26120, and applicable State regulations, all as may be amended from time to time.
(x) The premises of all commercial cannabis businesses shall have sufficient lighting such that all areas subject to monitoring by the security surveillance camera system shall be visible to all cameras of the system at all times.

Section 8.29.05.250 - Operating Requirements for Cultivation Businesses and Nurseries. (a) Outdoor commercial cultivation and outdoor nursery activity is prohibited.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (b) If a commercial cannabis business includes nursery activities, only one nursery may be located on the premises of the commercial cannabis business, and the nursery activity must be permitted pursuant to this Chapter and State law.
(c) Cannabis cultivation and nursery activity shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. (d) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (e) In no case shall any hazardous, flammable or explosive substances be used to process or manufacture cannabis products on site, except as otherwise stated in this Chapter pertaining to food grade alcohol.
(f) The cultivation of cannabis and any nursery activity shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
(g) Stacking shall be allowed in a given structure only to the point that measuring the total canopy of each level of stacking is cumulatively no greater than the maximum canopy size allowed under State laws or regulations applicable to the State cultivation license held by the commercial cannabis business
(h) All applicants for a commercial cannabis permit for cultivation or nursery activity shall submit the following, which shall be subject to approval by the City Manager prior to issuance of a commercial cannabis permit to the applicant, in addition to the information otherwise required for a commercial cannabis permit application:

1. An operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, proper disposal of waste materials, and a description of the nursery or cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.

2. A description of a legal water source, irrigation plan, and projected water use.

3. Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.

4. Plan for addressing odor and other public nuisances which may result from the nursery or cultivation site.

Section 8.29.05.260 Cannabis Manufacturing Business Operating Requirements. (a) Manufacturer 1 (Type 6) permittees shall utilize only manufacturing processes that are either solventless or that employ only nonflammable, nontoxic solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (b) Manufacturer 2 (Type 7) permittees shall utilize only manufacturing processes that use solvents exclusively within a closed-loop system that meets all of the following requirements:

1. The system uses only solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).

2. The system is designed to recapture and contain solvents during the manufacturing process, and otherwise prevent the off-gassing of solvents into the ambient atmosphere to mitigate the risks of ignition and explosion during the manufacturing process.

3. A licensed engineer certifies that the system is commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, including, but not limited to, the American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs).

4. The system has a certification document that contains the signature and stamp of a professional engineer and the serial number of the extraction unit being certified. (c) No compressed gases used in the manufacturing process shall be stored on the premises of any manufacturer in excess of the amount authorized by the Fire Chief (d) No manufacturer may engage in the retail sale, by delivery or otherwise, of any manufactured cannabis products, including edible cannabis products, on a retail basis in the City.
(e) All cannabis products shall be properly packaged and labeled in accordance with Business & Professions Code Section 26120 and applicable State regulations before leaving the commercial cannabis manufacturing business. All edible cannabis products must be in an opaque (non-see-through) package.
(f) Manufacturers shall comply with all applicable federal, State and local laws and regulations relating to manufacturing safety procedures.

Section 8.29.05.270 - Cannabis Testing Laboratory Operating Requirements. (a) Commercial cannabis testing laboratories (e.g. businesses requiring a Type 8 State license) shall comply with all applicable federal, state and local laws, regulations and/or guidelines governing testing procedures and safety measures.
(b) Testing laboratories are prohibited from obtaining permits to engage in any commercial cannabis activity, except testing. A commercial cannabis business which holds a commercial cannabis permit for testing shall not be issued or hold any other commercial cannabis permit.
(c) Testing laboratories shall not employ any individual who is also employed by any other State licensee that does not hold a Type 8 State license. (d) Testing laboratories must be accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity, and must provide proof of said accreditation, to the satisfaction of the City Manager, as a prerequisite to obtaining a commercial cannabis permit authorizing testing of cannabis or cannabis products.

Section 8.29.05.280 - Cannabis Retail/Delivery Businesses Operating Requirements

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (a) Retail sales of cannabis and cannabis products in the City shall be conducted by delivery only.
(b) All commercial cannabis businesses conducting deliveries shall have permitted premises in the City from which all deliveries to addresses in the City or outside of the City shall be conducted. Commercial cannabis businesses that do not have physical premises located in the City, and/or that propose to deliver into the City from premises outside the City, shall not be eligible for issuance of a commercial cannabis permit, and are prohibited from conducting deliveries in the City.
(c) The premises of all commercial cannabis businesses that are permitted to conduct deliveries shall be closed to the general public at all times and shall be accessible only to employees and persons with a bona fide business or regulatory purpose for accessing the premises.
(d) In accordance with Business & Professions Code Section 26070.1, cannabis or cannabis products purchased by a customer shall not leave the permitted premises of a retailer unless they are placed in an opaque package. Lake i
(e) Retailers shall not accept, possess, or sell cannabis or cannabis products that are not packaged and labeled as they will be sold at final sale and in accordance with Business & Professions Code Section 26120, as may be amended. Retailers shall not package or label cannabis or cannabis products.
(f) No employee or other person acting on behalf of a commercial cannabis operation permitted to conduct deliveries may possess or deliver more than $3,000 worth of cannabis or cannabis products at any given time.
(g) No delivery shall be made to any person other than the person who requested the delivery, except when the person requesting the delivery is a qualified patient and the person receiving the delivery is his or her primary caregiver, or vice versa. (h) Any person who is present on the permitted premises of a commercial cannabis business permitted to conduct deliveries who is not an employee, officer, agent, or representative of the retailer must sign in and wear a "visitor" identification badge at all times while on the premises.
(i) Proof of the required State license and commercial cannabis permit, and a copy of all requests/orders for deliveries being conducted, shall be carried at all times in all vehicles being used to make deliveries, and shall be immediately available upon request from law enforcement officers.
(j) Deliveries shall not be conducted between the hours of 11:00 p.m. and 7:00 a.m.

Section 8.29.05.290 - Total Area Devoted to Commercial Cannabis Businesses (a) No more than one million, three hundred fifty thousand (1,350,000) square feet of area shall be permitted for use by commercial cannabis businesses in the City. Notwithstanding the foregoing, land annexed into the City after the date of enactment of this Chapter shall not be subject to, nor shall be counted toward, this restriction. (b) The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet.

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store (c) Accessory Structures in Support of Commercial Cannabis Businesses may, at the City Manager’s or designee approval or conditional approval, be authorized. The ratio of 1:1 square footage (Accessory Structure vs Commercial Cannabis Business) shall not exceed 25,000 square feet. (Example: Commercial Cannabis Business with 25,000 square feet may be authorized to have up to 25,000 square feet of Accessory Structures). All Accessory Structures shall be affixed to concrete foundations and must conform to the California Building Code (CBC), California Electrical Code (CEC) and American Mechanical Code (AMC). Accessory structures shall meet the requirements of Section 8.029.05.080 Security Measures and must have exterior lights around all four sides or appropriate detached lighting as approved by the City. Accessory structure(s) may be less than the minimum square footage as established in 8.029.05.290 (b). Accessory Structures shall be screened from public view – design of screening shall be at the discretion of the City Manager or designee. Accessory Structures square footage shall be included as established by Section 8.029.05.290 Total Area Devoted to Commercial Cannabis Businesses.

Section 8.29.05.295 – Type 10 and 12 Store Front Sales be subject to preliminary approval by the City Manager:
(a) Limitation of Store Front Sales: No more than one Store Front Sales per 10,000 population or portion thereof will be permitted.
(b) Operation and Contribution to Community Application Required: Prior to the submittal of a Commercial Cannabis Application for a Store Front Sales, a Proposal for Operation and Contribution to Community shall be submitted to the City Manager. The City Manager may create application that outline minimum expectations of the proposed operator.
(c) Review Time of Application: Upon receipt of an application Proposal for Operation and Contribution to Community, the City Manager shall review within 60 days and may prepare an acceptance letter or prepare a counter proposal. (d) Competing Proposals and Applications: Should the City Manager receive more than one Proposal for Operation and Contribution to Community, the City Manager shall have the sole authority to select the most beneficial contribution to the City and operational effectiveness among the applications submitted. (e) Required Acceptance Letter Prior to the Submittal of a Commercial Cannabis Application: The applicant must receive an acceptance letter from the City Manager of the Proposal for Operation and Contribution to Community, prior to the submittal of a Store Front Sales - Commercial Cannabis Permit Application. (f) Square Footage Required: The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet.
(g) No accessory structures in support of the Commercial Cannabis business will be permitted.

Section 8.29.05.300 - Periodic Review by the City Council.

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store Upon request of the City Manager, the City Attorney and the Chief of Police shall report to the City Council with findings on the operation of any commercial cannabis business permitted pursuant to this Chapter and a recommendation as to whether the business should be permitted to continue operating for the remaining period of its commercial cannabis permit (in addition to whatever other recommendations may be made) and whether the City should renew the permit upon application for renewal. Any termination or revocation of a permit based on such findings shall be in accordance with the provisions of this Chapter.

Section 8.29.05.310 - Promulgation of Regulations and Standards.

The City Manager, in his or her discretion, is authorized to promulgate reasonable regulations as he or she deems necessary to implement procedures or requirements in furtherance of the purposes of this Chapter. Regulations promulgated by the City Manager shall have the same force and effect of law and shall become effective upon the date of approval and execution of such regulations by the City Manager.

Section 8.29.05.320 - Community Relations.
(a) Each commercial cannabis business shall provide the City Manager with the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. (b) The owner, manager, and community relations representative of a commercial cannabis permit holder operating in the City shall, upon request of the City Manager, meet to discuss costs, benefits, and other community issues resulting from implementation or application of this Chapter.

Section 8.29.05.330 - Unpaid Fees Deemed Debt to City.

The amount of any unpaid fee, cost or charge imposed pursuant to this Chapter shall be deemed a civil debt to the City that is recoverable in any court of competent jurisdiction.

Section 8.29.05.340 - Permit Holder Responsible for Violations.

Commercial cannabis permit holders shall be responsible for all violations of State or local laws or regulations, whether or not committed by the permit holder or any employee or agent of the permit holder, which occur in or on the premises of the commercial cannabis business, whether or not said violations occur within the permit holder's presence.

Section 8.29.05.350 – Effect on Other Ordinances
Except as designated in this chapter, the provisions of this chapter shall control for regulation of commercial cannabis businesses as defined herein if other provisions of the code conflict therewith. This chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.

Section 8.29.05.360 – Unlawful Businesses Prohibited
In no event shall any business license be granted for any use or activity that is illegal or unlawful under federal, state or city laws or regulations. No business license issued hereunder shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business, or the furnishing, sale or provisioning of any service, good or product that is illegal under this code, the laws of the State of California, or the laws of the United States of America. Notwithstanding the

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store foregoing, a business license may be granted for businesses permitted under this chapter, provided the applicant has complied with all provisions of this code and state law.

5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store

CITY OF ARVIN

NOTICE OF PUBLIC HEARING FOR CONSIDERATION OF AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
AMENDING CHAPTER 8.29 MARIJUANA OF TITLE 8 HEALTH AND
SAFETY BY AMENDING SECTION 8.29.05 COMMERCIAL

CANNABIS ACTIVITY PERMITTING A LIMITED NUMBER OF
TYPE 10 OR TYPE 12 STORE FRONT SALES OF COMMERCIAL

CANNABIS
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time you may be present and be heard, to consider a proposed ordinance amending Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code (AMC) to adopt new and amended permitting standards and regulations applicable to commercial cannabis activities in the City by permitting a limited number of Store Front Sales of Commercial Cannabis.

City Council of the City of Arvin Public Hearing Information Date: March 14, 2023
Time: 6:00 PM
Place: City of Arvin Council Chambers 200 Campus Drive, Arvin, CA 93203 Applicant: City of Arvin
Location: The ordinance applies only to agricultural and industrial zones within the City limits.

Project Description: An amendment to chapter 8.29 Marijuana, Chapter 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code is to permit a limited number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis. The number of permitted Store Front Sales is proposed to be limited to a ratio of one store front sales per 10,000 population or portion thereof.

The proposed amendments will allow two and up to three Store Front Sales to be established within the City of Arvin based upon the current population of 19,522. The location of the Store Front Sales is limited per the existing ordinance and restricts the locations to the Industrial, M-1, M-2, and M-3, Zones, the Agricultural, A-1- A-2, Zones and may be permitted within the Bear Mountain Commercial Business District as established by Chapter 17.68.

The purpose of the public hearing will be to give citizens an opportunity to make their comments known. If you are unable to attend the public hearing, you may direct written comments to City of Arvin, City Clerk’s Office, PO Box 548, Arvin, CA 93203 or emailed to [email protected]. In the subject line, please provide “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). All public comments will be provided to the City Council and may be read into the record or compiled as part of the record.

5.A.5
Attachment: Att 2 - Public Hearing Notice Amending Title 8_CC Mtg of 031423 (Public Hearing - First Reading Ordinance Amending Title 8 Additional information on the proposed ordinance, 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. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to the public hearing. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, 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).
/s/
Cecilia Vela, City Clerk
City of Arvin, California
Published: Bakersfield Californian, March 03, 2023

5.A.5
Attachment: Att 2 - Public Hearing Notice Amending Title 8_CC Mtg of 031423 (Public Hearing - First Reading Ordinance Amending Title 8

NOTICE OF EXEMPTION
Filing of Notice of Exemption in Compliance with
Section 15062 of the California Environmental
Quality Act – Amending Ord 479 – Permitting Store
Front Sales of Commercial Cannabis in Industrial,
Agricultural, and Bear Mountain Boulevard Central
Business District.

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

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: Code amendments to 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 in Industrial, Agricultural, and Bear Mountain Boulevard Central Business District.

Project location: Arvin Municipal Code , Arvin, CA 93203 Assessor Parcel Number(s): N/A Description of nature, purpose, and beneficiaries of project: The code amendments are intended to permit a limited number of store front sales of commercial cannabis within the City of Arvin. The number of store front sales will be limited to 1 store per 10,000 population or portion thereof. Store Front Sales may be permitted in Industrial, Agricultural, and Bear Mountain Boulevard Central Business District.

Purpose and Beneficiaries of Project: This action will support the goal of the City Council in the regulation of commercial cannabis sales and to increase revenue that contribute to benefits to the community.

Name of public agency approving project: City of Arvin, CA – City Council Name and person or agency
carrying out the project City of Arvin
Exempt status: General Rule Exemption (Sections 15061(b (1) and (b)(3) Reasons why project is exempt: Pursuant to Title 14 of the California Code of Regulations, Sections 15061 (b) (1) and (b)(3), that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. The City Council therefore directs that the Notice of Exemption be filed with Kern County Clerk in accordance with the City of Arvin’s Guideline for the implementation of CEQA. The project is also not located next to any scenic highway or resources, nor is located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Finally, there are no structures on the site that could qualify as historical resources. No structures are proposed to be demolished, nor would the project have a significant adverse impact on a historic resource. For all the foregoing, including evidence in the administrative record, the Planning Commission of the City of Arvin adopts a Class 3 Categorical Exemption under CEQA Guidelines section 15303 (New Construction or Conversion of Small Structures).

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

5.A.6
Attachment: Att 3 - Notice of Exemption - Store front Sales_031423 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Proposal for Operation and Contribution to Community Benefit Section 8.29.05.295 – Type 10 and 12 Store Front Sales be subject to preliminary approval by the City Manager:
(a) Limitation of Store Front Sales: No more than one Store Front Sales per 10,000 population or portion thereof will be permitted.
(b) Operation and Contribution to Community Benefit Application Required: Prior to the submittal of a Commercial Cannabis Application for a Store Front Sales, a Proposal for Operation and Contribution to Community shall be submitted to the City Manager. The City Manager may create application that outline minimum expectations of the proposed operator.
(c) Review Time of Application: Upon receipt of an application Proposal for Operation and Contribution to Community, the City Manager shall review within 60 days and may prepare an acceptance letter or prepare a counter proposal. (d) Competing Proposals and Applications: Should the City Manager receive more than one Proposal for Operation and Contribution to Community, the City Manager shall have the sole authority to select the most beneficial contribution to the City and operational effectiveness among the applications submitted.
(e) Required Acceptance Letter Prior to the Submittal of a Commercial Cannabis Application: The applicant must receive an acceptance letter from the City Manager of the Proposal for Operation and Contribution to Community Benefit, prior to the submittal of a Store Front Sales - Commercial Cannabis Permit Application. (f) Square Footage Required: The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet.

No accessory structures in support of the Commercial Cannabis business will be permitted.

5.A.7
Attachment: Att 4 - Attachment Proposal for Operation and Contribution to Community Benefit Section 8.29.05.295 (Public Hearing - First

CITY OF ARVIN
Staff Report
Meeting Date: March 14, 2023
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of A Resolution of the City Council of the City of Arvin to Select A Nominee for Appointment by the San Joaquin Valley Special City Selection Committee to the District Governing Board or Vote to Reject All Applicants.

BACKGROUND:

Health and Safety Code Section 40600.5 created a Special City Selection Committee for the appointment of city members of the San Joaquin Valley Air Pollution Control District Governing Board. There is currently a vacancy on the San Joaquin Valley Air Pollution Control District Governing Board that must be filled by a Councilmember from a “small” city, having a population of less than 100,000, within Kern County. Pursuant to the Health and Safety Code Section 40600.5, appointments to the District Governing Board will be made by the San Joaquin Valley Special City Selection Committee.

The Special City Selection Committee has adopted procedures and a rotation schedule for making their appointments, and based upon the adopted rotation schedule a city council member representing a city with a population of less than 100,000 from Kern County shall be appointed to the District Governing Board. Mayor Cory Morse from the City of Maricopa and Gilberto Reyna from the City of Wasco have been nominated for this position.

The Executive Director of the San Joaquin Valley Air Pollution District, Samir Sheikh has provided a letter addressed to the Arvin City Clerk informing her that the Arvin City Council must hold a vote to either nominate one of the applicants listed above to the Committee for appointment to the District Governing Board, or reject all applicants. The vote must take place as an item on our City Council’s publicly noticed agenda, and be discussed during a regularly scheduled City Council meeting.

Staff requests that the City Council review the application material from the eligible nominees to select a nominee to then be appointed by the San Joaquin Valley Special City Selection Committee at their future meeting.

City Council may also vote to reject all applicants.

STAFF RECOMMENDATION:

Approval of the Resolution and that the Council select a Nominee for Appointment by the San Joaquin Valley Special City Selection Committee to the District Governing Board or Vote to Reject all Applicants.

FINANCIAL IMPACT:

None
ATTACHMENTS:

Letter dated March 8, 2023 from the SJVAPCD
Resolution

6.A.1
Attachment: Staff Report to Select Nominee for Appointment to SJVAPCD Governing Board_031423 (Selection of Nominee for SJVAPCD

GOVERNING BOARD
Vito Chiesa, Chair
Supervisor, Stanislaus County
Deborah Lewis, Vice Chair
Councilmember, City of Los Banos
Drew M. Bessinger
Councilmember, City of Clovis
David Couch
Supervisor, Kern County
Robert Macaulay
Supervisor, Madera County
Buddy Mendes
Supervisor, Fresno County
Tania Pacheco-Werner, PhD.

Appointed by Governor
Lloyd Pareira
Supervisor, Merced County
Alvaro Preciado
Mayor, City of Avenal
Robert Rickman
Supervisor, San Joaquin County
Rusty Robinson
Supervisor, Kings County
Alexander C. Sherriffs, M.D.

Appointed by Governor
Amy Shuklian
Supervisor, Tulare County
Vacant
Large City
Vacant
Small City
Samir Sheikh
Executive Director
Air Pollution Control Officer
Northern Region Office
4800 Enterprise Way
Modesto, CA 95356-8718
(209) 557-6400 • FAX (209) 557-6475
Central Region Office
1990 East Gettysburg Avenue
Fresno, CA 93726-0244
(559) 230-6000 • FAX (559) 230-6061
Southern Region Office
34946 Flyover Court
Bakersfield, CA 93308-9725
(661) 392-5500 • FAX (661) 392-5585
www.valleyair.org
March 8, 2023
Cecilia Vela, City Clerk
P.O. Box 548
Arvin, CA 93203
RE: APPOINTMENT TO THE GOVERNING BOARD OF THE SAN
JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT –

KERN CITY SEAT
Dear Cecilia Vela:

There is currently a vacancy on the San Joaquin Valley Air Pollution Control District (District) Governing Board that must be filled by a Councilmember from a “small” city, having a population of less than 100,000, within Kern County.

Pursuant to the Health and Safety Code Section 40600.5, appointments to the District Governing Board will be made by the San Joaquin Valley Special City Selection Committee (Committee). According to the procedures adopted by the Committee, the next step in the appointment process is for all cities within Kern County to select a candidate from the applicants for the vacant position, as follows:
Mayor Cory Morse, City of Maricopa
Councilmember Gilberto Reyna, city of Wasco
Your City Council must hold a vote to either nominate one of the applicants listed above to the Committee for appointment to the District Governing Board, or reject all applicants. The vote must take place as an item on your City Council’s publicly noticed agenda, and be discussed during your regularly scheduled City Council meeting. Attached is a sample resolution for your consideration. Also attached is a copy of the proposed candidates’ applications.

In order for your city’s vote to be counted towards nomination to the Committee, you must return a copy of your City Council Resolution on this matter to the District by March 23, 2023, to the following email address:

Samir Sheikh
Executive Director/APCO
[email protected]

6.A.2
Attachment: Letter re Appointment to SJVAPCD Governing Board - Kern City Seat_031423 (Selection of Nominee for SJVAPCD Governing 2 APPOINTMENT TO THE GOVERNING BOARD OF THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT – KERN CITY SEAT
March 8, 2023

Page 2 ends

Thank you in advance for your timely action on this matter. If you have any questions, please call me at (559) 230-6036.

Sincerely,
Samir Sheikh
Executive Director/APCO
Attachments:

Sample Resolution (1 page)
Cory Morse Candidate Application (1 pages)
Gilberto Reyna Candidate Application (2 pages)

6.A.2
Attachment: Letter re Appointment to SJVAPCD Governing Board - Kern City Seat_031423 (Selection of Nominee for SJVAPCD Governing -• San Joaquin Valley

AIR POLLUTION CONTROL DISTRICT
APPLICATION FOR APPOINTMENT As A CITY REPRESENTATIVE

ON GOVERNING BOARD OF

THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Current Vacancies
Small City: One member representing the cities with a population less than 100,000 from Kern County. Counci/members from Cities of Arvin, Delano, Maricopa, McFarland, Shafter, Taft and Wasco are eligible to apply.

If you are an elected official on the council of the cities identified above, you may submit an application for appointment to the Governing Board of the San Joaquin Valley Air Pollution Control District.

AQQlicant Name: C.oRY MoRsE
Residence Address (Must live within the boundaries of the San Joaguin Valley APCD) :

Mailing Address:

M!\RT�?f\,
Telephone:

Primary
jV\ ARTC.. OP(.\,
C...A q·31. 52
(
Alt.

C:.F\ q3-Z..S2.

Email Address: C.f\f\OR SE' @ iVH\RT C.O ?A C..F\L .L F', C!..OiV\ AQQlicant Signature: � Date: 0-'3 ··03 ·10?3
Please submit this form along with any other pertinent information (e.g., resume, candidate statement, education, experience) that you desire td be considered to the address below. Plea�e limit candjdate statement to no morre than one page.

Please complete this application and return it by March 3, 2023:

Samir Sheikh
Air Pollution Control Officer
San Joaquin Valley APCD
1990 E. Gettysburg Avenue, Fresno, CA, 93726

6.A.2
Attachment: Letter re Appointment to SJVAPCD Governing Board - Kern City Seat_031423 (Selection of Nominee for SJVAPCD Governing

Page 1 of 2 ends

Reso to Select Nominee for Appointment by SJV Special City Selection Committee to District Governing Board.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO

SELECT A NOMINEE FOR APPOINTMENT BY THE SAN JOAQUIN

VALLEY SPECIAL CITY SELECTION COMMITTEE TO THE
DISTRICT GOVERNING BOARD.

WHEREAS, Health and Safety Code Section 40600.5 created a Special City Selection Committee for the appointment of city members of the San Joaquin Valley Air Pollution Control District (District) Governing Board, and
WHEREAS, The Special City Selection Committee has adopted procedures and a rotation schedule for making their appointments, and based upon the adopted rotation schedule a city council member representing a city with a population of less than 100,000 from Kern County shall be appointed to the District Governing Board, and WHEREAS, In selecting a nominee for appointment by the Special City Selection Committee to the District Governing Board, the City Council considered the application materials from the eligible candidates, and
WHEREAS, The vote to select a nominee took place as an item on the publicly noticed agenda and was discussed during the normal city council meeting with time for public comment.

NOW, THEREFORE, BE IT RESOLVED that the City of Arvin nominates (insert nominee’s name and title here) to the Special City Selection Committee for appointment to the District Governing Board.
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Attachment: Reso to Select Nominee for Appointment to SJVAPCD Governing Board_031423 [Revision 1] (Selection of Nominee for SJVAPCD

Page 2 of 2 ends

Reso to Select Nominee for Appointment by SJV Special City Selection Committee to District Governing Board.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 14th day of March 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:

6.A.3
Attachment: Reso to Select Nominee for Appointment to SJVAPCD Governing Board_031423 [Revision 1] (Selection of Nominee for SJVAPCD 1 | P a g e

LETTER OF INTENT TO GROUND LEASE
The purpose of this Letter of Intent (“Letter of Intent”) is to set forth the basic terms and conditions upon which ____________________________ (“Lessor”) and Arvin Community Services District ("Lessee") have agreed to enter into an exclusive Thirty (30) day negotiating period (“Negotiation Period”) for the preparation of a final ground lease agreement (the “Ground Lease”) for certain portions of the following site(s) located at the addresses set forth below. Lessor and Lessee may be referred to individually as a "Party" or collectively as the "Parties."
Site Address Potential Acreage
Parcel #: 189-353-07 Appx. +/- 6 Acres
The identified site is hereinafter referred to as the “Property.” Other than the provisions of Paragraph (1) below, which is expressly intended by the parties to be binding, this Letter of Intent is a non-binding agreement, and shall be superseded by execution and delivery of the Ground Lease and "Definitive Agreements" as defined in this Letter of Intent.

1. Good Faith Negotiation
(a) Definitive Agreements. Upon the execution of this Letter of Intent by Lessor, the Parties shall enter into an exclusive Negotiation Period with respect to (a) the preparation and execution of the Ground Lease and, (b) any other document that may be appropriate or necessary in connection with execution and delivery of the Ground Lease including, but not limited to, an Easement Agreement (together, the “Definitive Agreements”). The Ground Lease and Definitive Agreements shall contain representations, warranties, indemnities and covenants that are agreed to by both Parties. The Parties agree to cooperate fully with each other and use commercially reasonable, good faith efforts to negotiate, execute and deliver the Ground Lease and the Definitive Agreements within the Negotiation Period. The Ground Lease and Definitive Agreements shall be drafted by counsel of the Lessee. Neither Lessor nor Lessee shall have any liability or obligation to the other if the Ground Lease and Definitive Agreements are not executed and delivered within the Negotiation Period or at all. (b) Due Diligence Investigation. During the Negotiation Period, Lessor shall provide Lessee and its employees, agents, representatives and contractors full and complete access to the Property, and all records, surveys, reports, documents and information pertaining to the Property that are in the possession or control of Lessor (collectively, “Property Information”) so that Lessee may conduct a due diligence investigation of the Property.

During the Negotiation Period, Lessee shall identify all areas to be leased during the Lease

7.A.1
Attachment: Letter of Intent Ground Lease_031423 (Successor Agency: Letter of Intent to Ground Lease between Successor Agency & ACSD, 2 | P a g e
Term. Only useable acreage identified as viable for solar and elected by the Lessee shall be covered under the Ground Lease.

2. Legal Counsel and Financial Advice. Prior to fully executing and delivering the Ground Lease and Definitive Agreements, each Party shall have had sufficient opportunity to consult with its legal counsel and financial advisors in connection with the rights and obligations arising from this Letter of Intent.

This Letter of Intent contains the entire agreement between the Parties in connection with the subject matter of this Letter of Intent and supersedes all prior agreements, whether written or oral, between the Parties regarding the same subject. This Letter of Intent may only be modified by subsequent written agreement signed by both Parties. This Letter of Intent may be executed in any number of counterparts, all of which together shall constitute one agreement.

All terms of this Letter of Intent shall terminate at the end of the Negotiation Period.

The parties hereby agree to the forgoing terms and conditions of this Letter of Intent.

LESSEE: Arvin Community Services District
Name: Raul Barraza Jr.

Title: General Manager
Date:______________________
LESSOR:

Name:_____________________
Title:______________________
Date:______________________

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Attachment: Letter of Intent Ground Lease_031423 (Successor Agency: Letter of Intent to Ground Lease between Successor Agency & ACSD, ARVIN
POLICE

DEPARTMENT

WRAP UP
“COMMUNITY FIRST”

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats)

DEPARTMENT MESSAGE

ARVIN POLICE DEPARTMENT MISSION STATEMENT
This year has been full of challenges and growth for our police department and community.

Our officers answered every call for help with courage, compassion and stood in harm’s way to keep Arvin Safe. We have made some significant changes to the police department, bringing us to the 21st century of policing model. Without a strong departmental team that openly welcomed and embraced the changes, we would not be where we are today.

Furthermore, the accomplishment of these goals is a direct testament of the support that we receive from the city council and city manager.

It is the mission of the Arvin Police Department to provide service with honor and respect, to protect life, to enforce laws, and to perform our duties in partnership with the community thereby increasing the quality of life for the entire Arvin community.

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) Through a collaborative effort, the department
members identified core values. For the first time in the department’s history, we have chosen 5 core values that will guide the department and show the community the
caliber of staff it has that protects and serves them daily.

DEPARTMENT

CORE VALUES

ACCOUNTABILITY

EXCELLENCE

INTEGRITY

PERSEVERANCE

RESPECT

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) The Arvin Police Department has a motto that states,
“Community First” that is written on all of our police
vehicles. The department recently updated all of the
vehicle decals and markings. Along with this project,
we also put into service a new badge and patch design
reflective of the community we serve. This shows our
department’s renewed commitment to accountability,
transparency, and community engagement. With the
new patch and badge design, you will see that both
mirror each other and have the City of Arvin seal
incorporated in them. The older badge and patch
design have since been retired.

DEPARTMENT

BADGE, PATCH

AND VEHICLE

REBRANDING

NEW BADGE/PATCH

NEW VEHICLE REBRANDING

OLD VEHICLE DESIGN

OLD BADGE/PATCH

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) Our department handled incidents shown below, which
reflects the services provided to conclusion with care, professionalism, and empathy. Police statistics refer to numerical data collected and analyzed by law enforcement agencies to track crime rates, arrests, convictions, and other law enforcement-related activities. These statistics can provide insights into patterns and trends of criminal activity and can help inform policing strategies.
*Data February 2022 - February 2023

STATISTICS
CALLS FOR SERVICE:
15,791

PRIORITY CALL
RESPONSE TIMES:
2:24

NON-PRIORITY
RESPONSE TIMES:
8:02

MENTAL HEALTH
RELATED CALLS:
55 NARCAN DEPLOYMENT:
7 WITH LIFE SAVING

REVERSALS
CRIMES INVOLVING FIREARMS:
287
FIREARM SEIZURES:
53 MOVING CITATIONS:
393
PARKING CITATIONS:
120
ANIMAL CONTROL CALLS:
1158

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) Providing frontline police services remains the priority and the core function of the Arvin Police Department. Patrol officers provide police services to every member of the community to make Arvin a safer city.

This year, we saw a record number of arrests for illegal weapons and numerous Narcan deployments to reverse overdoses. One major change within the patrol division is moving to the team policing concept. Each officer now works with the same dispatcher and supervisor during their work week. This adds to the continuity of services provided through better communication and no gaps for service.

PATROL

DIVISION

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) Our public safety dispatchers are Arvin Police Department’s backbone and pillar. This division has handled and or was assigned in excess of 15,791 incidents. All 911 calls were answered and handled in under 10 seconds.

The dispatch center also went through a makeover as well, bringing the dispatch consoles to industry standards. The dispatchers transitioned to 12-hour shifts, adding to their wellness.

COMMUNICATIONS DIVISION

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) The records division plays a crucial role within the police department.

This division handles all records requests and is responsible for seeing that records are accurate and complete. Our records division is overseen by a records supervisor who handles all records requests, interagency reporting requests, and acts as a liaison between the courts and the police department. The records supervisor assists our officers with getting court packets prepared, citations processed and assists the community with records requests. Our department this year went away from UCR reporting which collected 8 part I offense crimes to NIBRS who collects 28 categories for offenses.

RECORDS

DIVISION

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) The department has a Property and Evidence Technician
who oversees all division matters. This division plays an important role in managing and safeguarding the property and evidence collected during police investigations.

This division also ensures that the chain of custody and protection of evidence is followed and maintained. There are currently in excess of over 14,000 pieces of evidence held in the property and evidence room.

PROPERTY

AND EVIDENCE

DIVISION

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) The investigations division of the police
department is currently comprised of a
detective sergeant. This division is essential in
maintaining public safety, building community
relations, and managing resources. The work
of this unit is critical in ensuring that justice is
served, and investigations are closed out and
adjudicated.

INVESTIGATIONS

DIVISION

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Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) The animal control division is comprised
of two animal control officers that now,
for the first time in the city’s history, cover
7 days a week, 10 hours a day. This now
allows for community members to utilize
the services provided by this division more
frequently.

ANIMAL CONTROL

DIVISION

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) With the help of technology, our department
can now gather more data, analyze it quickly
and respond to incidents faster. This has led
to a reduction in crime rates and an increase
in public safety. Body Worn and Fleet cameras
have become an invaluable tool for our
department, helping to increase transparency,
accountability and trust between the police
department and the community we serve.

TECHNOLOGY

ENHANCEMENTS

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) The Arvin Police department
conducted the first ever Santa Sleigh
and Stuff a Cop Car Event during the
winter holiday season. Community
outreach and involvement is a critical
component of effective policing.

It helps to build trust, improve
community relations, prevent crime,
enhance public safety, and promote
diversity and inclusivity.

COMMUNITY

OUTREACH EVENTS

AND PHOTOS

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats)

IN CLOSING
I am immensely proud of the men and women of our police department, which have been working tirelessly to keep our community safe. Our officers have continued to provide exceptional service and have demonstrated their commitment to protecting and serving the City of Arvin.

I am also proud of the progress we have made in building trust and positive relationships with the members of our community. We understand that we cannot do this work alone, and we are committed to working collaboratively with community members to address the issues that impact us all.

In conclusion, I want to thank the city council, city staff, city manager, and all members of our community for their support of the police department. We will continue to work diligently to maintain the highest standards of excellence and to ensure that our Arvin remains a safe and secure place to live, work, and play.

Sincerely,
Alex Ghazalpour
Acting Chief of Police

8.A.1
Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats) Arvin Police Department
200 Campus Drive
Arvin, California 93203
Telephone: (661) 854-5583
www.arvin.org

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Attachment: Arvin Police Department Statistics and Council Presentation_031423 (Arvin Police Department Annual Report – 2020 – 2022 Stats)

Arvin Police Department Statistics
2020 to 2022