Agenda — Arvin City Council, April 11, 2023 (part 1 of 2)

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY APRIL 11, 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 – April 11, 2023

Page 1 of 3 ends

1. APPROVAL OF AGENDA AS TO FORM.

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

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

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of March 24, 2023 – April 05, 2023.

B. Approval of Payroll Register(s) of March 31, 2023.

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

D. Approval of Modification to City Clerk Job Description and Corresponding Salary Range.

E. Approval of Job Description and Corresponding Salary Range for Office Technician Position for the City Clerk’s Office.

Staff recommends approval of the Consent Agenda.

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

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

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – April 11, 2023

Page 2 of 3 ends

5. ACTION ITEM(S)
A. Consideration and Approval of Assistant City Manager Employment Agreement. (Councilmembers Horton and Reyes)
Staff recommends that the Council discuss the contract and provide direction to the City Manager.

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

6. DISCUSSION ITEM(S)
A. Report from Ad Hoc City Council Committee Regarding City Facilities. (Mayor Trujillo)

7. STAFF REPORTS

8. COUNCIL MEMBER COMMENTS

9. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):

Agency Negotiator: City Manager and Human Resources Manager.

Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): seven cases C. LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Ruben Rodriguez
Agency claim against: City of Arvin
D. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8):

Page 3 of 3 ends

Property: APN 190-270-01, 190-270-03, 190-270-05, 190-270-06 Arvin CA 93203
Agency Negotiator: City Manager
Negotiating Party: Arvin Walnut Properties and State Foods Markets Under Negotiation: Terms and method of payment
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Attorney

10. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated April 05, 2023.

Cecilia Vela, City Clerk
3/29/2023 5:02:52 PM Page 1 of 7
Payment Register
City of Arvin APPKT00359 - FOR AP 3/29/23
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1228
Vendor Number

ALL AMERICAN UNIFORMS
Total Vendor Amount
313.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 313.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 111 SOFT SHELL JACKET FOR ANIMAL CONTROL 03/10/2023 03/10/2023 0.00 313.42 1562
Vendor Number

ASM AFFILIATES
Total Vendor Amount
1,481.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 1,481.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 25522 ARVIN WASTEWATER PLANT FEBRUARY 2023 03/14/2023 03/14/2023 0.00 1,481.62 1150
Vendor Number
AT&T
Total Vendor Amount
432.77
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 432.77
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000019600503 9391059040 SERVICE 02.01.23-02.28.23 03/01/2023 03/01/2023 0.00 210.53 000019600734 9391060015 SERVICE 02.01.23-02.28.23 03/01/2023 03/01/2023 0.00 222.24 1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
23,997.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 23,997.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 230730023347 MEDICAL APRIL 2023 03/14/2023 03/14/2023 0.00 23,997.05 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
978.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 978.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 005008 UNIT 302 STREET SWEEPER 03/16/2023 03/16/2023 0.00 978.75 1556
Vendor Number
CENTRAL VALLEY OFFICE SUPPLY, INC.

Total Vendor Amount
1,848.66
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 1,848.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0341507 CHAIRMAT , FILE CABINET 03/13/2023 03/13/2023 0.00 1,848.66 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
698.21
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 698.21
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1114643 6 BANK CHARGER 2 WAY RADIOS CHARGER 03/21/2023 03/21/2023 0.00 698.21

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

50.86 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 50.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 472576 APD DISPATCH RESTROOM TOILET SEAT 03/13/2023 03/13/2023 0.00 24.89 472805 PPE FOR ALEX A. 03/15/2023 03/15/2023 0.00 25.97 1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
168.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 168.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2234618 CHIRO SVCS APRIL 2023 03/08/2023 03/08/2023 0.00 168.79 1062
Vendor Number
FEDEX
Total Vendor Amount

65.21 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 65.21
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-070-85158 SHIPPING SVCS 3.15.23 03/17/2023 03/17/2023 0.00 65.21 1100
Vendor Number

FERNANDO LOPEZ
Total Vendor Amount
480.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 480.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

02.28.23 INTERPRETER SERVICES 2.28.23 02/28/2023 02/28/2023 0.00 480.00 1367
Vendor Number

FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
22,535.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 22,535.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1352 ARVIN CDBG CV2-3-00141 NAV SVCS FEB 23 03/03/2023 03/03/2023 0.00 22,535.62 1473
Vendor Number

GLADWELL GOVERNMENTAL SERVICES , INC
Total Vendor Amount
1,360.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 1,360.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5144 RECORD RETENTION TRAINING 03/23/2023 03/23/2023 0.00 1,360.00 1178
Vendor Number

GOLDEN EMPIRE TOWING INC
Total Vendor Amount
170.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 170.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 492611 UNIT 283 TOWING 02/02/2023 02/02/2023 0.00 85.00 492612 UNIT 283 TOWING 02/03/2023 02/03/2023 0.00 85.00 1019
Vendor Number

GUARDIAN
Total Vendor Amount
15,070.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 15,070.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 APRIL 2023BUNDLE INSURANCE APRIL 2023 03/22/2023 03/22/2023 0.00 7,535.18 GROUP ID 00 473727 MARCH 2023 BUNDLE INSURANCE MARCH 2023 03/01/2023 03/01/2023 0.00 7,535.18

JAKE RAPER JR
Total Vendor Amount
6,120.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 6,120.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE 3 INVOICE 3 03/15/2023 04/01/2023 0.00 6,120.00 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
766.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 766.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8083 UNIT 292 ENGINE OIL CHANGE 03/21/2023 03/21/2023 0.00 119.64 8084 UNIT 281 ENGINE OIL CHANGE 03/21/2023 03/21/2023 0.00 117.38 8085 2017 FORD POLICE INTERCEPTOR TIRES 03/21/2023 03/21/2023 0.00 529.41 1544
Vendor Number

JUAN MANUEL BETANCOURT
Total Vendor Amount
978.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 978.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34 WATER LINE ON MAIN SERVICE VETS HALL 03/20/2023 03/20/2023 0.00 978.00 1025
Vendor Number

KAISER PERMANENTE
Total Vendor Amount
20,356.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 20,356.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUIK 690201404 APRIL 2023 MEDICAL APRIL 2023 03/05/2023 03/05/2023 0.00 20,356.80 1165
Vendor Number

KERN COUNTY FIRE DEPARTMENT
Total Vendor Amount
190,555.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 190,555.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23-000156 THRID QUARTER FY 2022-23 AGREEMENT 007-2022 01/12/2023 01/12/2023 0.00 190,555.75 1097
Vendor Number

LIEBERT CASSIDY WHITMORE
Total Vendor Amount
127.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 127.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 236023 CLIENT MATTER/ AR100-00001 FEBRUARY 2023 02/28/2023 02/28/2023 0.00 127.50 1331
Vendor Number

LN CURTIS & SONS
Total Vendor Amount
1,442.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 1,442.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV683385 HARDWIRE MALE PANEL SET PEDRO B. 03/08/2023 03/08/2023 0.00 1,442.25 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
1,395.22
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 1,395.22
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14000571 REPLACED STEER AXLE WHEEL SEALS 03/01/2023 03/01/2023 0.00 1,175.22 14000573 UNIT 203-EV 45 DAY INSPECTION 03/02/2023 03/02/2023 0.00 220.00

PACIFIC TIRE ARVIN
Total Vendor Amount
891.53
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 891.53
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32586 UNIT 211 TIRE REPAIR 03/16/2023 03/16/2023 0.00 150.00 32588 UNIT 211 NEW TIRES 03/22/2023 03/22/2023 0.00 741.53 1108
Vendor Number
PG & E
Total Vendor Amount
2,189.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 2,189.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2004215572-9 01.24.23-02.22.232004215572-9 01.24.23-02.22.23 02/24/2023 02/24/2023 0.00 2,189.62 1345
Vendor Number

PROVOST & PRITCHARD CONSULTING GROUP
Total Vendor Amount
1,233.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 1,233.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 99127 BIDDING ASSISTANCE FOR FRANKLIN STREET FEB 2023 03/16/2023 03/16/2023 0.00 1,233.20 1565
Vendor Number

R & R CLEANING SERVICES INC
Total Vendor Amount
5,500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 5,500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REPAIR DIRT ROAD 12.22.22 REPAIR DIRT ROAD 12.22.22 03/09/2023 03/09/2023 0.00 5,500.00 1567
Vendor Number

RICARDO MORENO
Total Vendor Amount
410.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 410.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DEPOSIT FOR VETS HALLL DEPOSIT FOR VETS HALL REIMBURSEMENT OF $410 03/21/2023 03/21/2023 0.00 410.00 1133
Vendor Number

TYLER TECHNOLOGIES INC
Total Vendor Amount

97.50 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 97.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025-412621 INCODE CUSTOMER RELATION 02/15/2023 02/15/2023 0.00 97.50 1357
Vendor Number

V & V MANUFACTURING INC
Total Vendor Amount
2,862.13
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 2,862.13
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3125 ARVIN POLICE BADGES 03/13/2023 03/13/2023 0.00 2,862.13 1553
Vendor Number

VANESSA GARCIA
Total Vendor Amount
363.87
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 363.87
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FUEL EXPENSE FOR TRAINING FUEL EXPENSE FOR TRAINING 2.26.23 -3.2.23 03/21/2023 03/21/2023 0.00 363.87

ALLSTATE
Total Vendor Amount
217.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/29/2023 217.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000613 ALLSTATE 03/03/2023 03/03/2023 0.00 108.71
INV0000634 ALLSTATE 03/17/2023 03/17/2023 0.00 108.72

3.A.1
Attachment: Demand Register(s) of March 24, 2023 - April 05, 2023 (Demand Register(s) of March 24, 2023 - April 05, 2023.) Payment Register APPKT00359 - FOR AP 3/29/23
3/29/2023 5:02:52 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 39 31 0.00 304,941.12
Packet Totals: 39 31 0.00 304,941.12
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check21 0.00 217.43
Packet Totals:
21 0.00 217.43

3.A.1
Attachment: Demand Register(s) of March 24, 2023 - April 05, 2023 (Demand Register(s) of March 24, 2023 - April 05, 2023.)

3.B.1
Attachment: Payroll Register(s) of March 31, 2023 (Payroll Register(s) of March 31, 2023)

3.B.1
Attachment: Payroll Register(s) of March 31, 2023 (Payroll Register(s) of March 31, 2023) Arvin City Council Meeting Minutes – March 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
MARCH 28, 2023
CALL TO ORDER @ 6:06PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: All present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion MPT Borreli Second CM Murillo Vote 5-0

3. PRESENTATION(S)
A. Swearing In of New Police Officer Adam Hubert (City Clerk) B. Winter 2023 Billing Update
Rob Duchow, Public Affairs Manager – Southern California Gas Company C. Zoning Ordinance Updates for Multi-Family Housing
Bonique Emerson, VP of Planning/Project Manager – Precision Engineering

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of February 24, 2023 – March 23, 2023.

B. Approval of Payroll Register(s) of March 03, 2023 and March 17, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of February 28, 2023 and Special Meeting(s) of March 07, 2023 and March 17, 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.

Resolution No. 2023-11

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

Page 2 of 5 ends

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

Resolution No. 2023-12
F. Approval of Modification to City Clerk Job Description and Corresponding Salary Range.

Above Consent Agenda Item 4F tabled to the following Council meeting.

G. Approval of Job Description and Corresponding Salary Range for Office Technician Position for the City Clerk’s Office.

Above Consent Agenda Item 4G tabled to the following Council meeting.

H. Approval of A Fiscal Agency Agreement between Kern Community College District (KCCD) and the City of Arvin for Arvin's “Keeping It Green in the San Joaquin" Collective Funding Project.

Agreement No. 2023-06
I. Approval of Proclamation Proclaiming April 2023 as Autism Awareness Month in the City of Arvin.

J. Approval of City of Arvin and Kern Regional Center Autism Awareness Joint Public Event and Authorization to Hold Event at Smothermon Park on Saturday, April 15, 2023.

K. Approval of Agreement for Public Works Services between the City of Arvin and Doug Ross, Inc. dba Central Valley Asphalt for the Franklin Street Reconstruction Project.

Agreement No. 2023-07
Staff recommends approval of the Consent Agenda.

Motion to approve Consent Agenda Items 4A, 4B, 4C, 4D, 4E, 4H, 4I, 4J, and 4K.

Motion CM Horton Second CM Reyes Vote 5-0
Motion to table Consent Agenda Item 4F to the following Council meeting.

Motion CM Horton Second CM Reyes Vote 5-0
Motion to table Consent Agenda Item 4G to the following Council meeting.

Motion CM Horton Second CM Reyes Vote 5-0

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)

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

Page 3 of 5 ends

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.

Hearing opened.

Public testimony: Members of the public inquired regarding the location of the proposed dispensaries; how the tax revenues would be utilized; and regarding auditing operations.

Hearing closed.

Motion to waive first reading and approve the introduction of the Ordinance.

Motion CM Horton Second CM Reyes Vote 5-0

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 to approve the Resolution and select Gilberto Reyna for Appointment by the San Joaquin Valley Special City Selection Committee to the District Governing Board.

Motion MPT Borreli Second Mayor Trujillo Vote 5-0
Resolution No. 2023-13

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

8. COUNCIL MEMBER COMMENTS

9. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):

Agency Negotiator: City Manager and Human Resources Manager.

Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): nine cases

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

Page 4 of 5 ends

C. LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Ruben Rodriguez
Agency claim against: City of Arvin
D. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Government Code §54956.9)
Teva, Allergan, CVS, Walgreens, Walmart National Opioid Settlements - CL383076 Palomares v. City of Arvin, et al. AIMS Claim No.: FR100085 Vaughan/Posadas v Arvin AIMS Claim No.: FR98890
E. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) F. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8):

Property:1541 Bear Mountain Blvd., Arvin CA 93203
Agency Negotiator: City Manager
Negotiating Party: Bridgepoint Real Estate Development
Under Negotiation: Terms of payment
Property: APN 190-270-01, 190-270-03, 190-270-05, 190-270-06 Arvin CA 93203
Agency Negotiator: City Manager
Negotiating Party: Arvin Walnut Properties and State Foods Markets Under Negotiation: Terms and method of payment
G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Attorney
CLOSED SESSION REPORT BY CITY ATTORNEY:
9A) No reportable action. This item will stay on the agenda for the next meeting. 9B) No reportable action taken for six cases; The Council provided direction to the City Manager to execute Arthurs CalPERS Settlement Agreement; The Council provided direction to the City Manager concerning formation of Ad Hoc Committee for one matter to further review the issues; Remove final potential litigation claim. 9C) The Council provided direction to the City Manager to gather more information concerning the potential claim.
9D) (1) Re: Teva, Allergan, Et – The Council provided direction to the City Manager to execute participation forms; (2) Re: Palmoares v. City of Arvin, et al. - Update was provided to the Council; (3) Re: Vaughan/Posadas v. Arvin – The Council provided direction to the City Manager to execute documents necessary to complete settlement of the case.
9E) The Council provided direction to the City Manager. 9F) The Council provided direction to the City Manager concerning both negotiations.
9G) This item was tabled to the following Council meeting.

3.C.1
Attachment: Mintues of the Regular Arvin City Council Meeting of March 28, 2023 (Minutes of the Regular Meeting(s) of March 28, 2023.) Ar
vinCity Council Meeting Minutes– March 28,2023
Page5of 5

10. ADJOURNED @ 9:47PM
Respectfully submitted, Cecilia Vela, City Clerk

3.C.1
Attachment: Mintues of the Regular Arvin City Council Meeting of March 28, 2023 (Minutes of the Regular Meeting(s) of March 28, 2023.)

CITY OF ARVIN
Staff Report
Meeting Date: April 11, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Modification of City Clerk Job Description and Corresponding Salary Range.

BACKGROUND:

The Arvin City Clerk has worked for the City of Arvin for approximately 19 years. Throughout the years, the administration of the City Manager’s and City Clerk’s Offices have evolved as required to meet the needs of the City and the community. Due to this evolvement, the duties and responsibilities of the City Clerk have significantly expanded and have become more specialized, technical, and/or complex. The modification of the City Clerk’s job description and salary range are required to be in parity with other senior officials and at an appropriate level to meet and deliver the public services to the City of Arvin efficiently and effectively.

Due to the City Clerk’s length of experience and wealth of knowledge, the City Manager has come to rely on the City Clerk to complete higher level tasks and she has proven to complete such tasks with ease. She is normally the first person employees and the council seek for assistance or to ask questions (the where-to’s; how-to’s, when-to’s, or why’s). The City Clerk normally has historical knowledge to assist the employees and often times, this means the City Clerk conducts training and/or additional tasks that develop into work considered outside of her current job description.

In addition, shortly after commencing work with the City of Arvin, the City Clerk obtained her certification as a Certified Municipal Clerk (CMC) and recently received her certification as a Master Municipal Clerk (MMC); both certificates to be held as the first ever in the City of Arvin.

Only 3 of 11 Clerks in Kern County hold an MMC certification (Arvin, Bakersfield, & Taft); 176 of 1,076 Clerks in California (Only 16% of all California Clerks); and 1,381 of 14,765 Clerks in the entire U.S., Canada, & Europe (Only 9% of the entire Clerks membership). The Arvin City Clerk is among these 9%. Approximately only 3 to 4 clerks receive the MMC designation in California per year.

To name a few, the City Clerk responsibilities have increased in the realm of providing training to non-subordinate staff related to a variety of administrative software programs and procedures, maintenance of administrative software programs such as mapping system, work ticketing / complaint system, agenda system; website management including reviewing and updates to department pages, notifications, flyers, workshops, public information; revising, adding or deleting documents or content; and development of and placement of forms; agenda management including the review, modification and/or finalizing of staff’s agenda items or other work products, assisting the City Manager with preparation of agenda items or assistance with completion of other administrative tasks; preparation of agenda scripts; posting, distributing and

3.D.1
Attachment: Staff Report City Clerk Job Description and Salary Range_041123 (City Clerk Job Description and Salary Range) assisting with preparation of RFP’s/RFQ’s/Bids; managing and coordinating facility leases to include coordinating with agencies to accommodate move-in and move-out, ensuring submittal of required documentation, signatures, agreements, and deposits.

Staff recommends this modification to recognize the specialized and technical administrative work that has been assigned. The modified job description of the City Clerk more accurately reflects the additional duties required of the position and it is vital to meet the current needs and to appropriately staff the City Manager’s and City Clerk’s offices.

The approval of modification to the City Clerk job description and salary range is not approval for an additional position. It simply modifies the salary grade of the City Clerk to match her expanded duties which is long overdue.

Not approving the modification to City Clerk’s job description and salary range would negatively affect the organizational efficiency and effectiveness of the City Manager’s and the City Clerk’s offices.

STAFF RECOMMENDATION:

Approval of modification to the City Clerk job description and corresponding salary schedule.

FINANCIAL IMPACT:

Approximately $13,000 per year of which 70% is supported via the General fund. This adjustment is similar to modifications and/or promotions provided to other staff members due to the increased needs of the City.

ATTACHMENTS:

Job Description
Salary Schedule

3.D.1
Attachment: Staff Report City Clerk Job Description and Salary Range_041123 (City Clerk Job Description and Salary Range) City of Arvin

CITY CLERK
DEPARTMENT: ADMINISTRATION
FLSA STATUS: NON-EXEMPT
UNIT: REPRESENTED, SUPERVISOR
GRADE:

JOB SUMMARY
Performs highly advanced administrative, secretarial, and support functions for the City Manager and City Council and Boards/Committees; perform a variety of clerical functions and related tasks, as assigned.

Under legislative authority and policy direction from the City Manager, the City Clerk oversees the activities and functions of the Office of the City Clerk including supervision of staff; performing highly advanced administrative tasks as prescribed by the City Code, State Law, and various ordinances and resolutions; initiates, develops, and implements policies and procedures to execute the laws and administer the work of the Office of the City Clerk; maintains and disseminates records of action of governing bodies, municipal ordinances, resolutions, codes and other government documents; provides highly responsible and complex administrative support to the City Manager and members of the City Council.

DISTINGUISHING CHARATERISTIC
The City Clerk is a senior supervisory classification with overall responsibility for the activities of the City Clerk’s office. The incumbent is accountable for accomplishing all department goals, and for furthering City goals and objectives within general policy guidelines. Serves as the principal officer for the Office of the City Clerk. Duties are administrative/analytical and unusually difficult and complex in nature, involving highly specialized administrative, clerical, and supervisory duties related to the administration of the City government. The incumbent has functional authority/ responsibility for overseeing activities and for overall management of the day-to-day operations of the administrative office. Through legislative and policy direction the incumbent serves as the liaison between the City Manager, members of the City Council and the public.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from the City Manager. The City Clerk’s authority and responsibilities are primarily established by City Code and State Law. The incumbent has supervisory authority over technical and support positions who assist to perform a full range of activities within the City Clerk’s office.

3.D.2
Attachment: Job Description - City Clerk Rev 032823 (City Clerk Job Description and Salary Range) City Clerk

Page 2 of 6 ends

EXAMPLES OF ESSENTIAL DUTIES AND RESPONSIBILITIES (Illustrative only) • Oversee the City Clerk’s Department including managing the day-to-day operations conducted at City Hall front lobby; directing the Office Technician, Receptionist, and all other office positions assigned to the City Clerk.
• Provide administrative and secretarial support to the City Council, Planning Commission, and all other City Boards/Commissions/Committees including the Successor Agency to the Arvin Community Redevelopment Agency, Arvin Housing Authority, and Arvin Public Financing Authority.
• Assign work activities, projects, and programs; monitor workflow; review and evaluate work products, methods, and procedures.
• Supervise, select, train, and evaluate staff assigned to the City Clerk’s office; maintain efficient and professional operation of the Department; assess and monitor workload; assign duties and examine work for exactness, neatness and conformance to policies and procedures.
• Administer oaths of office.
• Record and distribute information and/or messages to the public, Council, Board/Agency Members and Planning Commissioners as received at City Hall, in a timely and complete manner.
• Serve as bearer/keeper/custodian of all official City records and public documents. • Perform certification and recording for the City as required of legal documents and other records requiring such certification.
• Responsible for recordation of documents and maps at County offices. • Serve as custodian of the City Seal; seals and attests by signature to ordinances, resolutions, and agreements or other documents requiring city certification. • Publish legal notices; coordinate the posting and mailing of legally required notices of public hearings; and maintain proof of publications.
• Responsible for the preparation, posting and distribution of agendas and materials, for the City Council, Planning Commission, and all other City Boards/Commissions/Committees including the Successor Agency to the Arvin Community Redevelopment Agency, Arvin Housing Authority, and Arvin Public Financing Authority.
• Agenda management including to review, modify, supplement, and/or finalize staff’s agenda items or other work products, assist the City Manager with preparation of agenda items or assistance with completion of other administrative tasks, preparation of agenda scripts for Mayor and Board Chairpersons.
• Attend closed sessions when specifically requested by Council or Legal Counsel. • Prepare and retain meeting minutes for the City Council, Planning Commission, and all other City Boards/Commissions/Committees including the Successor Agency to the Arvin Community Redevelopment Agency, Arvin Housing Authority, and Arvin Public Financing Authority.
• Acts as filing officer for local elections; notice and coordinate Municipal elections as legally required.

3.D.2
Attachment: Job Description - City Clerk Rev 032823 (City Clerk Job Description and Salary Range) City Clerk

Page 3 of 6 ends

• Act as officer for filings for campaign and conflict of interest statements. • Responsible for the cataloging and filing of City records; codify and maintain the City’s Municipal Code.
• Coordinate and work with City Departments for the maintenance, retention, preservation, and disposal of City records in accordance with the City’s records retention and destruction policies and procedures.
• Provides technical and administrative assistance to the City Manager and members of the City Council/Boards/Committees; review and assist the City Manager with staff reports, memoranda, correspondence, and other informational materials. • Manage complaint work ticketing system; receive and forward citizen complaints and/or inquiries to corresponding departments or City Manager; process and aid in resolving complaints; coordinate and/or follow-up with constituents and city staff as needed. • Oversee, issue, and regulate City business licensing; inform the public regarding requirements; verify application details and certifications; process payments and issue license; maintenance and organization of files and computer program or electronic files; manage mailing of renewal and/or non-compliance notifications; coordinate obtaining approvals from other City departments as needed.
• Oversee, issue, and regulate dog licensing; inform the public regarding requirements; verify application details and certifications; process payments and issue license; maintenance and organization of files and computer program or electronic files; manage mailing of renewal and/or non-compliance notifications; coordinate and conduct dog license vaccination clinics.
• Oversee City facilities reservations and Special Permit Event Applications for use of City facilities including Veteran’s Hall, Suite Y, city parks, and park sports fields. • Schedule and program lights for use of baseball or soccer park fields; coordinate with baseball and soccer leagues; maintain calendar schedule; obtain required insurance; process payment if applicable.
• Process public records requests; search and gather records requested; coordinate with other City Department as needed; review and redact information as required by law; seek assistance from City Manager and/or City Attorney as needed; process payment and submit responsive records to requesting parties.
• Accept and process subpoenas and witness fees when applicable. • Coordinate obtaining signatures for and index and retain all Agreements, Resolutions and/or Ordinances adopted by the following Boards: City Council, Planning Commission, and all other City Boards/Commissions/Committees including the Successor Agency to the Arvin Community Redevelopment Agency, Arvin Housing Authority, and Arvin Public Financing Authority.
• Prepare and/or coordinate approval of Proclamations.
• Prepare and maintain document templates such as City letterhead, staff reports, resolutions, ordinances, PowerPoint presentations, and other City or agenda documents.
• Receive and process claims against the city; coordinate with the RMA / AIMs, City Manager and City Attorney as needed; prepare handouts for meeting agenda if needed,

3.D.2
Attachment: Job Description - City Clerk Rev 032823 (City Clerk Job Description and Salary Range) City Clerk

Page 4 of 6 ends

required, or requested by City Manager; and provide notice of action or letter of rejection on the claims.
• Process administrative citations issued to public; process payments and maintain file; follow-up for non-compliance; coordinate and disseminate unpaid / non-compliant details to Finance department.
• Provide training to subordinate and non-subordinate staff related to a variety of administrative software programs and procedures, maintenance of administrative software programs such as mapping system, work ticketing / complaint system, and agenda system.
• Manage City Website including review and update City’s home page, department pages, announcements, notices, flyers, workshops, and public information; Council and staff directory and photos; revise, add or delete documents, links, reports or content; maintain calendars; and development and placement of forms. • Manage and coordinate facility leases to include coordinating with agencies to accommodate move-in and move-out, ensuring submittal of required documentation, signatures, agreements, and deposits.
• Post, distribute and assist with preparation of RFP’s/RFQ’s/Bids; manage posting of bids on City’s website or proposal/bids portal; coordinate and conduct bid openings; accept and maintain bids/proposals.
• Manage City’s Public Surplus webpage; post surplus equipment and vehicles for sale as requested by the City Manager or approved by the City Council. • Prepare and coordinate travel and conference/training/meeting arrangements for staff and City Council and Board members.
• Coordinate and schedule meetings as requested by City Manager. • Serve as Notary Public for City documents.
• Respond to public phone inquiries; forward messages and/or inquiries for the City Manager, Mayor or City Councilmembers as requested.
• Coordinate Conference Room and City Council Chambers reservations and equipment setup.
• Maintain mailing, shipping and office supply accounts such as Staples, Pitney Bowes, FedEx, UPS, etc.; order business cards for staff and City Council. • Coordinate ink cartridge recycling program.
• Oversee distribution of incoming mail as appropriate.

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

Education / Experience:

A Bachelor’s degree from an accredited college or university in Business Administration or related field OR equivalent to six years progressively responsible complex and supervisory analytical experience in a City Clerk’s office or similar administrative department and providing

3.D.2
Attachment: Job Description - City Clerk Rev 032823 (City Clerk Job Description and Salary Range) City Clerk

Page 5 of 6 ends

administrative support to a City Council, board, commission or other body that requires developing agendas, preparing meeting documents and minutes, managing elections, economic filings, and maintaining official records, staff supervision and office administration.

Special Qualifications:
• Possession of notary public certification within six months of appointment. • Bilingual (English/Spanish) preferred.
• Possession of a Certified Municipal Clerk Certificate or Master Municipal Clerk Certificate preferred.
• Possession of a valid California Class C Driver’s License at the time of appointment.

Individuals who do not meet this requirement due to physical disability will be reviewed on a case-by-case basis.

Knowledge of:
• Modern and complex principles and practices of City Clerk services programs development and administration.
• Microsoft Word, Excel, PowerPoint, Adobe Acrobat and Outlook. • Election laws and procedures and requirements.
• Principles and techniques of official record keeping and management; modern office procedures.
• Pertinent Federal, State, local laws rules and procedures. • Brown Act, Maddy Act, Parliamentary Procedures.

Abilities to:
• Plan, organize, direct, and supervise the work of subordinate staff; delegate authority and responsibility.
• Plan, organize, and facilitate meetings.
• Communicate clearly, effectively, and concisely, both verbally and in writing. • Analyze data, communicate information, and develop recommendations. • Provide effective employee supervision, effective leadership, training, and work evaluation.
• Work effectively in time-sensitive situations and coordinate multiple projects and complex tasks simultaneously.
• Read, understand, and apply established City policies, procedures, practices, and regulations.
• Proper telephone etiquette and ability to operate telephone equipment for communication purposes.
• Ability to use a computer for data entry and to generate office correspondence including e-mail.
• Knowledge of proper grammar and punctuation, alphabetical, numerical and chronological sequences.
• Knowledge of proper business letter and report styles and formats.

3.D.2
Attachment: Job Description - City Clerk Rev 032823 (City Clerk Job Description and Salary Range) City Clerk

Page 6 of 6 ends

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

Work is primarily performed in the office in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen, and hearing and speech to communicate in person and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work. Acute hearing is required when providing phone and personal service. Employees must possess the ability to lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.

HISTORY
Approved by:

Date:

3.D.2
Attachment: Job Description - City Clerk Rev 032823 (City Clerk Job Description and Salary Range)

A B C D E F
5 $ 16.76 $ 17.29 $ 17.99 $ 19.08
8 $ 17.99 $ 18.89 $ 19.83 $ 20.82 $ 21.86 $ 22.96
9 $ 18.90 $ 19.86 $ 20.84 $ 21.88 $ 22.98 $ 24.13
10 $ 19.86 $ 20.85 $ 21.89 $ 22.98 $ 24.14 $ 25.35
10 $ 19.86 $ 20.85 $ 21.89 $ 22.98 $ 24.14 $ 25.35
12 $ 22.10 $ 23.22 $ 24.37 $ 25.60 $ 26.87 $ 28.21
12 $ 22.10 $ 23.22 $ 24.37 $ 25.60 $ 26.87 $ 28.21
13 $ 22.42 $ 23.54 $ 24.71 $ 25.95 $ 27.25 $ 28.61
13 $ 22.42 $ 23.54 $ 24.71 $ 25.95 $ 27.25 $ 28.61
13 $ 22.42 $ 23.54 $ 24.71 $ 25.95 $ 27.25 $ 28.61
13 $ 22.42 $ 23.54 $ 24.71 $ 25.95 $ 27.25 $ 28.61
14 $ 24.13 $ 25.34 $ 26.61 $ 27.94 $ 29.34 $ 30.80
15 $ 26.57 $ 27.90 $ 29.30 $ 30.75 $ 32.30 $ 33.90
17 $ 30.07 $ 31.57 $ 33.16 $ 34.82 $ 36.55 $ 38.38
17-R $ 33.26 $ 34.92 $ 36.68 $ 38.50 $ 40.44 $ 42.45
20 $ 37.99 $ 39.89 $ 41.88 $ 43.98 $ 46.18 $ 48.49
$ 15.50
13-A $ 25.97 $ 27.27 $ 28.63 $ 30.06 $ 31.57 $ 33.15
16-A $ 30.06 $ 31.56 $ 33.14 $ 34.80 $ 36.54 $ 38.37
35 $ 28.64 $ 30.07 $ 31.58 $ 33.15 $ 34.81 $ 36.55
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
65 $ 44.55 $ 46.78 $ 49.12 $ 51.57 $ 54.15 $ 56.86
F $ 49.15 $ 68.06
G $ 52.31 $ 66.70
G $ 52.31 $ 66.70
X $ 90.36 $ 90.36
Mayor
Mayor Pro Tem
Council Members
EL-M $ 900.00
EL-C $ 300.00
EL-C $ 300.00
Classification Range Per Month
Elected Officials (Monthly)

Assistant City Manager
City Manager/Finance Director
City Engineer
Executive Tier/Exempt Hourly Schedule
Police Chief
Emergency Management Director/DC
Human & Community Resources Mgr
Grants Manager
City Planner
Sr. Bldg Officer/Code Enforcement
Lieutenant - Police Dept.

Officer
Sergeant
Mid-Manager Non-Union/Exempt Hourly
Transportation Manager
City Clerk
Part-Time Positions
Custodian
APOA Union Hourly Schedule
Permit Technician
Police Admin Asst.

Accountant
Public Works Supervisor
Finance Supervisor
Transit Lead
Animal Control
Community Services Officer
Accounting Technician
Police Dispatch & Records Supervisor
Office Technician
SEIU Union Positions
Receptionist
Bus Drivers
Public Works
Police Dispatchers
Classification Range

CITY OF ARVIN
EMPLOYEE CLASSIFICATION & SALARY SCHEDULE EFFECTIVE MARCH 28, 2023 Budgeted positions only
Hourly Rates

3.D.3
Attachment: SALARY TABLE V3.28.23 (City Clerk Job Description and Salary Range)

CITY OF ARVIN
Staff Report
Meeting Date: April 11, 2023
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of Job Description and Corresponding Salary Range for the Office Technician position for the City Clerk’s Office.

BACKGROUND:

The City Clerk’s Office has evolved over the years as required to meet the needs of the City and the community. Due to this evolvement and the additional and more complex duties placed in the City Clerk’s office, the City Clerk requires assistance at the appropriate level to meet and deliver the public services to the City of Arvin efficiently and effectively.

The job description of the Receptionist no longer meets these needs. The job description of the Office Technician more accurately reflects the additional duties required of the position and it is vital to meet the current needs and to appropriately staff the City Clerk’s Office.

The approval of the Office Technician job description and salary range is not approval for an additional position. It replaces the position of Receptionist. The salary range of the Office Technician position is in alignment with the salary range of similar positions within other similar cities and to that of similar positions within the City of Arvin if which a few were also recently modified to meet the needs of other City of Arvin departments.

Not approving the Office Technician job description and salary range would negatively affect the organizational efficiency and effectiveness of the City Clerk’s office.

STAFF RECOMMENDATION:

Staff recommends the approval of the job description and corresponding salary range for the Office Technician position for the City Clerk’s office.

FINANCIAL IMPACT:

Approximately $11,000 per year. Approximately 70% of this is charged to the General Fund.

ATTACHMENTS:

Job Description
Salary Schedule

3.E.1
Attachment: Staff Report Office Technician Job Description and Salary Range_041123 (Office Technician Job Description and Salary Range) City of Arvin
Office Technician
DEPARTMENT: ADMINISTRATION – OFFICE OF THE CITY CLERK
FLSA STATUS: NON-EXEMPT
UNIT: REPRESENTED, SEIU
GRADE:

JOB SUMMARY
Under direct or general supervision of the City Clerk, provides a variety of office support activities for the department, which may include word processing, data entry and organization, telephone, and counter reception, accepting and processing various documents, record keeping; provides information and assistance to the general public.

DISTINGUISHING CHARACTERISTICS
The Office Technician performs a variety of reception and general clerical work for the Office of the City Clerk, including greeting the public, providing information regarding department services, and accepting and processing permits and other documents.

SUPERVISION RECEIVED AND EXERCISED
Receives direction and supervision from the City Clerk.

EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
Assist with the following duties as assigned by the City Clerk:
• Provide exceptional customer service; greet the public and assist with front counter tasks including relaying and/or responding to public inquiries; provide claim forms, complaint forms, public records requests forms or other pertinent documents or forms as assigned; assist with Spanish translation for public as needed.
• Process, print and mail business, peddler and vendor licenses; inform applicants of licensing and document requirements; inquire and/or verify permit information issued by several County and/or State agencies as needed; verify application information and collect payments; route applications for approval and signature from City staff when applicable; periodically follow-up with applicants or staff to verify application status; accurately input and/or revise licensing data in business licensing log and computer program; prepare and print business licenses for approval and signature from the City Clerk; process cancellation forms and refunds as needed.
• Process reservation applications and Special Permit Event Applications for use of City facilities or parks; inform the public regarding reservation requirements; verify reservation application details; organize and maintain reservation calendar and files; follow-up with applicants regarding fees or documents due; inform and coordinate calendar schedule and walk-thru appointments with City staff; process refunds or additional fees due, if any, related to damages and/or cleanup after events.

3.E.2
Attachment: Job Description - Office Technician Rev 032823 (Office Technician Job Description and Salary Range) Office Technician

Page 2 of 4 ends

.
• Process dog licenses and payments; maintain licensing log; inform the public of requirements; monitor, prepare and send renewal reminder notices; attend and assist with processing licensing and/or payments and appropriately direct the public at vaccination clinics as needed.
• Communicate effectively with the public to obtain clear information regarding complaints to relay to the City Clerk and/or relative department staff; enter and appropriately assign complaints in work ticketing system; follow-up as needed with City Clerk, City staff, and/or the public.
• Set up conference room and/or council chambers with required documentation, equipment, or supplies for meetings.
• Organize, compile, create indexes, cover sheets, and labels for agreements, resolutions, ordinances and variety of other City Clerk files and binders. • Accept and date/time stamp bids, documents, and/or forms delivered at front counter or via mail to be delivered to City Clerk.
• Organize and maintain administrative citations received for issued violations; collect and process payments from cited recipients; monitor for non-compliance to route to City Clerk for further action.
• Assist in gathering, redacting, and/or distributing copies of records as requested by the City Clerk and process payment, if any.
• Assist with compiling and organizing election forms and packets. • Research, gather and compile pertinent information and/or data as needed from other city, county or state websites that may aid the City Clerk in preparing requirements or procedures for city forms, documents, or applications.
• Create labels and folders and appropriately file employee oaths and a variety of city, county, or state agency forms as received from the City Clerk.
• Process payments, including credit card transactions, using cash receipt system; prepare and submit check requests as needed.
• Read City Clerk board meeting notes to assist with preparation of draft meeting minutes. • Schedule appointments for the City Clerk as needed.
• Manage office supply inventory; confirm and submit office supply orders; assist with organization and neatly maintain records storage and supply rooms and cabinets. • Assist the City Clerk with organizing, indexing, storing and preserving records in accordance with the City records retention policies and procedures. • Prepare a variety of letters, correspondence and/or notices that may require use of mail merge or compilation of data using spreadsheets.
• Assist with copying, faxing, posting, scanning and/or distributing board agendas, bid documents, or other documents or files as assigned; perform other clerical functions, as necessary including word processing, alphabetizing, filing, shredding, data entry, typing and collating.
• Pick up, sort, and distribute mail in a timely manner; affix postage and prepare mail for delivery to post office; prepare shipping mailing labels and schedule for pick-up of outgoing express mail or packages.
• Assist with gathering, packaging, and mailing ink cartridges for recycling.

3.E.2
Attachment: Job Description - Office Technician Rev 032823 (Office Technician Job Description and Salary Range) Office Technician

Page 3 of 4 ends

.
• Answer phone calls and respond to phone inquiries; forward calls to appropriate City personnel; take and relay messages to the City Clerk or City Manager as requested. • Adhere to the Department and City policies and procedures. • Regular and timely attendance.
• Performs other duties as assigned by the City Clerk.

Education:

High School diploma or G.E.D.

Experience:

Two (2) years performing clerical/receptionist work.

Licenses and Certificates:

Possession of a valid California Class C Driver’s License at the time of appointment. Individuals who do not meet this requirement due to physical disability will be reviewed on a case-by-case basis.

Other requirements:

Typing speed 35 wpm.

Bilingual English/Spanish preferred.

Knowledge of:
• Office procedures, methods, and equipment including computers, all Microsoft Office applications (Microsoft Word, Excel, PowerPoint, Adobe Acrobat and Outlook), and other relevant software applications.
• Policies and procedures related to the Office of the City Clerk. • Computer applications related to the work, including word processing, database, and spreadsheet applications.
• Correct English usage including spelling, grammar, and vocabulary. • Record keeping principles and practices.
• Proper business letter and report styles and formats. • Basic math skills including addition, subtraction, multiplication, division, and calculating percentages.
• Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.

3.E.2
Attachment: Job Description - Office Technician Rev 032823 (Office Technician Job Description and Salary Range) Office Technician

Page 4 of 4 ends

Ability to:
• Organize work, set priorities, meet critical deadlines, and follow up assignments with a minimum of direction.
• Operate a computer for data entry and to generate office correspondence including e-mail, write reports and manuals, summarize research, and special documents. • Operate a variety of modern office equipment.
• Maintain records and files.
• Read, write, speak, and make mathematical calculations at the level required to perform the duties of the position.
• Use English effectively to communicate in person, over the telephone and in writing. • Use tact, initiative, prudence and independent judgment within general policy and legal guidelines in politically sensitive situations.
• Provide high quality customer service.
• Establish and maintain effective working relationships with those encountered in the course of the work.

Work is performed indoors in a carpeted and air-conditioned office environment with natural and fluorescent lighting and moderate noise level. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting and stooping in the performance of daily activities.

While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service.

The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.

HISTORY
Approved by:

Date:

3.E.2
Attachment: Job Description - Office Technician Rev 032823 (Office Technician Job Description and Salary Range)

Officer
Sergeant
Mid-Manager Non-Union/Exempt Hourly
Transportation Manager
City Clerk
Part-Time Positions
Custodian
APOA Union Hourly Schedule
Permit Technician
Police Admin Asst.

CITY OF ARVIN
EMPLOYEE CLASSIFICATION & SALARY SCHEDULE EFFECTIVE MARCH 28, 2023 Budgeted positions only
Hourly Rates

3.E.3
Attachment: SALARY TABLE V3.28.23 (Office Technician Job Description and Salary Range)

Page 1 of 3 ends

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: April 11, 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. First reading of the Ordinance was held on March 28, 2023.

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

4.A.1
Attachment: 1 - Staff Report Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_041123 (Public Hearing - Second Reading

Page 2 of 3 ends

Staff Report Ordinance Amending Title 8 To Permit A Limited Number of Store Front Sales of Commercial Cannabis.
interested in obtaining the Store Front Sales allocation. The proposed ordinance amendment 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 second reading of the Ordinance, and approve the adoption 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

4.A.1
Attachment: 1 - Staff Report Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_041123 (Public Hearing - Second Reading

Page 3 of 3 ends

Staff Report Ordinance Amending Title 8 To Permit A Limited Number of Store Front Sales of Commercial Cannabis.
permit issued by the City Manager. This payment is to be credited against the future Commercial 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

4.A.1
Attachment: 1 - Staff Report Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_041123 (Public Hearing - Second Reading

Page 1 of 6 ends

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

4.A.2
Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_041123 (Public Hearing - Second Reading Ordinance

Page 2 of 6 ends

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.

4.A.2
Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_041123 (Public Hearing - Second Reading Ordinance

Page 3 of 6 ends

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

4.A.2
Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_041123 (Public Hearing - Second Reading Ordinance

Page 4 of 6 ends

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

4.A.2
Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_041123 (Public Hearing - Second Reading Ordinance

Page 5 of 6 ends

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. //////
//////
//////
//////
//////
//////
//////
//////
//////
//////

4.A.2
Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_041123 (Public Hearing - Second Reading Ordinance

Page 6 of 6 ends

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 28th day of March 2023, and adopted the Ordinance after the second reading at a regular meeting held on the 11th day of April 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.

4.A.2
Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_041123 (Public Hearing - Second Reading Ordinance

4.A.3
Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - Second Reading Ordinance Amending Title 8 Store Front Sales

4.A.3
Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - Second Reading Ordinance Amending Title 8 Store Front Sales 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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,

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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)

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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:

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.).

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_041123 (Public Hearing - Second 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.

4.A.5
Attachment: Att 2 - Public Hearing Notice Amending Title 8_CC Mtg of 041123 (Public Hearing - Second 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

4.A.5
Attachment: Att 2 - Public Hearing Notice Amending Title 8_CC Mtg of 041123 (Public Hearing - Second 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

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: 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:
________________________ /___________
Jeff Jones, City Manager 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.

4.A.6
Attachment: Att 3 - Notice of Exemption - Store front Sales_041123 (Public Hearing - Second 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.

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

CITY OF ARVIN
Staff Report
Meeting Date: April 11, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Approval of Assistant City Manager Employment Agreement BACKGROUND:

A proposed two-year contract appointing Megan Miller as Assistant City Manager is submitted to the City Council for review. The council officially approved the position and corresponding salary schedule at the regular council meeting on March 8, 2022. With the exception of approximately seven weeks between August and September of 2022 this position has been vacant.

The proposed two-year contract contains the following key points:
• Salary. Commencing on the Effective Date, Employee’ annual salary shall be $125,000.00 which shall be paid according to the payroll schedule in place for City Employees. Employee shall be eligible for a merit-based pay increase up to 5% of the annual salary after successfully completing each year of service following performance evaluations.
• Severance: In the event that Employee is terminated “Without Cause,” the employee shall be entitled to six-months’ salary as severance pay • Vacation. Employee shall accrue 3.0769 hours of vacation leave per pay period during the term of this Agreement, resulting in 80 hours per year. Employee shall be entitled to accrue Vacation leave up to one and one half (1½) times the total annual accrual level, not to exceed one hundred twenty (120) hours accrued Vacation. Should Employee reach the accrual limit, accrual will cease until such time as the Employees accrued number of hours falls below the limit. Upon termination of employment, any unused Vacation hours shall be paid to Employee.
• Sick Leave. Employee shall receive 3.6923 hours of Sick Leave per pay period during the term of this Agreement, resulting in 96 hours per year. Sick leave shall not accrue from year to year and any unused Sick Leave will not be paid out upon termination or expiration of this Agreement.
• Personal Leave. Employee shall receive 18 hours of Personal Leave at the beginning of every fiscal year. Personal Leave hours shall not accrue from year to year and any unused Personal Leave will not be paid out upon termination or expiration of this Agreement.

5.A.1
Attachment: ACM staff report 4.11.23 (Approval of Assistant City Manager Employment Agreement) • Holiday and Other Leaves. Employee shall receive the same leaves, holidays, and other time off as provided to other managers at the City.
• Employee Benefits. 100% of the employee benefit coverage is paid by the city. If Employee elect to add dependents, Employee’s maximum out of pocket expense shall be $150.00 per month. Employee may select between two Platinum level plans with the benefit provider.
• Term Life Insurance. The City shall pay the premiums for a term life insurance policy in the amount of $100,000.00. Employee shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest of the employee. • Cell Phone. City shall provide Employee with a cell phone which shall be used to conduct official city business. Employee acknowledges that use of the City provided cell phone for City business may be subject such usage to disclosure under the California Public Records Act.
• Laptop. City shall provide Employee with a laptop to use during her employment.

Employee shall return the laptop when he ceases her employment with the City. The laptop shall be used exclusively for City business.
• Public Employees’ Retirement System (Pers) And Social Security. EMPLOYEE shall be provided California Public Employees’ Retirement System (“CalPERS”) benefits. CalPERS PEPRA 2% at 62, Employee is responsible for the 7% employee contribution. Employer is responsible for the approximately 8% employer required contribution. City and Employee shall each pay one half of the payments due to Social Security and Medicare during the term of this Agreement.

STAFF RECOMMENDATION:

Staff recommends that\the City Council discuss the contract and provide direction to the City Manager.

FINANCIAL IMPACT
$125,000.00 plus benefits, included in the 2023-2024 FY budget.

ATTACHMENTS:

1. Assistant City Manager Employment Agreement

2. Assistant City Manager Job Description

5.A.1
Attachment: ACM staff report 4.11.23 (Approval of Assistant City Manager Employment Agreement)

Page 1 of 23 ends

AGREEMENT NO. ____________

ASSISTANT CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into and effective on the 28 th day of March 2023, by and between the City of Arvin (“City”), a California municipal corporation, and Megan E. Miller (“Employee”). City and Employee are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, Employee has demonstrated the knowledge, skills and abilities to serve as the City’s Assistant City Manager under the criteria established by the City; and WHEREAS, this Employment Agreement (“Agreement”) is made and entered into by and between the City and Employee in order to secure the services of Employee as Assistant City Manager (“ACM”); and
WHEREAS, the position of ACM is an “at will” position, not subject to the City’s personnel rules; and
WHEREAS, it is in the City’s best interest at this time to pursue employment of Employee as ACM in accordance with the applicable provisions of the City’s Municipal Code and as otherwise provided by law. Employee wishes to accept employment as ACM and is willing to do so under the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the Parties mutually agree as follows:

AGREEMENT

1. INCORPORATION. The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. HIRE. City acknowledges that it is appointing and/or hiring Employee as ACM effective March 28, 2023 (“Effective Date”) pursuant to the terms and conditions of this Agreement.

Employee shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end of the Term or earlier termination of this Agreement.

3. “AT-WILL” EMPLOYMENT. Employee acknowledges she is employed at the pleasure of the City Manager and is thus an at-will employee. The terms of the City’s personnel rules, policies, procedures, ordinances, or resolutions (collectively “Personnel Policies”) shall not apply to Employee unless made expressly applicable to Employee. Nothing in this Agreement is intended to, or does, confer upon Employee any right to any property interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate her employment, including any so-called

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 2 of 23 ends

due process pre-disciplinary “Skelly” meeting, except that the City must terminate Employee in the manner set forth in Section 7 below. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee as provided in Section 7 of this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from this position with City, subject only to the provisions set forth in Section 7 of this Agreement.

4. DUTIES. Assistant City Manager. Employee accepts employment with the City as its ACM and agrees to perform all functions, duties and services set forth the job description for the ACM position attached hereto as Exhibit “A,” and those duties that are otherwise legally permissible and proper as required by law and as the City Manager shall assign from time to time.

Employee shall devote her full energies, interests, abilities, and productive time to the performance of this Agreement, and utilize her best efforts to promote City’s interests.

Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise (together “Outside Employment”), which is actually or potentially in conflict with or inimical to, or which materially interferes with, her duties and responsibilities to the City. Additionally, Employee shall not undertake any Outside Employment except with the consent of the City Manager.

5. TERM. Except as hereinafter described, the term of this Agreement shall be for two years commencing on the Effective Date.

6. SALARY AND BENEFITS. Employee’ salary and other benefits for all work or services called for under this Agreement shall be as follows:

A. Salary. Commencing on the Effective Date, Employee’ annual salary shall be $125,000.00 which shall be paid according to the payroll schedule in place for City Employees.

Employee shall be eligible for a merit-based pay increase up to 5% of the annual salary after successfully completing each year of service following performance evaluations.

Such a merit-based salary increase shall be at awarded at the discretion of the City Manager.
a. Should Employee be appointed to act as Acting City Manager by the City Council pursuant to 2.06.050 of the Arvin Municipal Code, Employee shall be entitled to an additional five percent (5%) pay, based on Employee’s then current salary.

Employee shall not be entitled to the additional five percent (5%) pay when serving as the manager pro tempore during any temporary absence or disability of the City Manager.
b. The compensation set forth in this section shall be Employee’s total compensation under this Agreement, and Employee shall not be eligible for any other benefits or compensation not specifically provided for in this Agreement.

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 3 of 23 ends

c. The position of ACM is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee based on hours worked.

B. Vacation. Employee shall accrue 3.0769 hours of vacation leave per pay period during the term of this Agreement, resulting in 80 hours per year. Employee shall be entitled to accrue Vacation leave up to one and one half (1½) times the total annual accrual level, not to exceed one hundred twenty (120) hours accrued Vacation. Should Employee reach the accrual limit, accrual will cease until such time as the Employees accrued number of hours falls below the limit. Upon termination of employment, any unused Vacation hours shall be paid to Employee.

C. Sick Leave. Employee shall receive 3.6923 hours of Sick Leave per pay period during the term of this Agreement, resulting in 96 hours per year. Sick leave shall not accrue from year to year and any unused Sick Leave will not be paid out upon termination or expiration of this Agreement.

D. Personal Leave. Employee shall receive 18 hours of Personal Leave at the beginning of every fiscal year. Personal Leave hours shall not accrue from year to year and any unused Personal Leave will not be paid out upon termination or expiration of this Agreement E. Holiday and Other Leaves. Employee shall receive the same leaves, holidays, and other time off as provided to other managers at the City.

F. Employee Benefits. 100% of the employee benefit coverage is paid by the city. If Employee elect to add dependents, Employee’s maximum out of pocket expense shall be $150.00 per month. Employee may select between two Platinum level plans with the benefit provider.

G. Term Life Insurance. The City shall pay the premiums for a term life insurance policy in the amount of $100,000.00. Employee shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest of the employee.

H. Cell Phone. City shall provide Employee with a cell phone which shall be used to conduct official city business. Employee acknowledges that use of the City provided cell phone for City business may be subject such usage to disclosure under the California Public Records Act.

I. Laptop. City shall provide Employee with a laptop to use during her employment.

Employee shall return the laptop when she ceases her employment with the City. The laptop shall be used exclusively for City business.

J. Public Employees’ Retirement System (Pers) And Social Security. EMPLOYEE shall be provided California Public Employees’ Retirement System (“CalPERS”) benefits.

CalPERS – PEPRA - 2% at 62, Employee is responsible for the required employee contribution under PEPRA City is responsible for the required employer contribution under

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 4 of 23 ends

PEPRA. City and Employee shall each pay one half of the payments due to Social Security and Medicare during the term of this Agreement.

K. Professional Development. Upon approval of the City Manager, City shall pay the professional dues for two (2) professional organizations, which is necessary and desirable for Employee’s continued professional participation, growth, enhancement or for the good of the City. Subject to the prior approval of the City Council, City shall budget and pay the attendance for Employee’ attendance at two (2) professional organization conferences annually. City shall allow attendance at other conferences identified by Employee that may benefit the City or enhance her development and growth so long as the City Manager approves of the leave in advance.

L. Expenses. The City shall pay for Employee’s membership in professional organizations, subscriptions, and training as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time. Upon advance approval of the City Manager, the City will pay for or reimburse Employee for reasonable travel expenses related to meetings and conferences related to such professional organizations.

M. Changes in Benefits. Employee acknowledges that the City Council may from time to time revise the Non-Represented Salary Resolution, which may change the level of compensation (exclusive of Employee’s base salary), or benefits provided to Employee. In such event, amendment of this Agreement shall not be required, and Employee shall be provided benefits according to the Non-Represented Salary Resolution then in effect.

Furthermore, revision to the Non-Represented Salary Resolution such that it changes the benefits provided in this Section 6 shall not be deemed a breach of this Agreement.

7. TERMINATION. Upon appointment to the ACM position, Employee remains an at-will employee serving at the under the direction of the City Manager and may be terminated as follows:

A. Termination by CITY for Cause. The City Manager may terminate this Agreement for cause at any time by providing Employee with written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following:
i. Theft, or attempted theft, financial mismanagement, material dishonesty, willful or persistent breach of duties, engaging in conduct tending to bring embarrassment or disrepute to the City, unauthorized or excessive absences. ii. A formal investigation commissioned by the City Council and conducted by a third-party investigator hired by the City Council in which the City Council has determined that the Employee has engaged in unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.”

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 5 of 23 ends

iii. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption, or dishonesty. “Conviction” shall include any guilty plea, plea of nolo contendre, or any other disposition other than a dismissal of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.” iv. Employee’ death.
v. Employee’ permanent disability if such disability precludes Employee from performing her essential job duties for more than three (3) cumulative months after attempts at a reasonable accommodation pursuant to the Americans with Disabilities Act and/or California’s Fair Employment & Housing Act have been made.
vi. Breach of this Agreement;
vii. Willful or persistent material breach of duties;
viii. Résumé fraud or other acts of material dishonesty; ix. Unauthorized absence or leave
x. Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred,
xi. Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules xii. Use or possession of illegal drugs,
xiii. “Abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption).

For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. In order to comply with the requirements of California Government Code section 3304(c), a termination by the City Manager for cause shall be conducted in accordance with the following procedures:

Within fifteen (15) days of receipt of written notice under Section 7(A), Employee may submit a request in writing to the City Manager for an administrative appeal. Such appeal shall not prohibit or otherwise delay the termination of Employee prior to the

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 6 of 23 ends

administrative appeal. Failure to timely file such a request shall be deemed to be a waiver of the right to do so.

Upon Employee’s written appeal request, the City Manager shall appoint an independent hearing officer to conduct an administrative hearing and issue an advisory decision which shall then be reviewed and considered and either adopted, modified, or rejected by City Council. Both Employee and the City and their respective representatives, if any, shall make reasonable efforts to set an administrative appeal hearing date within thirty (30) days from the City Manager’s receipt of the written appeal request. Pursuant to Government Code section 3304(c) and for purposes of this subdivision, the removal of Employee for the purpose of implementing the goals or policies, or both, of the City, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute "reason or reasons" for Employee’s termination in addition to those stated in Section 7(A) above.

At the administrative appeal hearing, the independent hearing officer shall be presented with both the information and documents on which the City based its decision to terminate for cause, as well as any information and documentation that the Employee chooses to submit to challenge the City’s information and documents to raise mitigating circumstances for consideration by the independent hearing officer.

Within thirty (30) days of completing the hearing, the independent hearing officer shall issue an advisory decision in writing to the City Council determining whether Employee was properly terminated under the terms of this Agreement. Following City Council’s review and consideration of the advisory decision, Employee shall be notified in writing as to whether the advisory decision will be upheld, modified, or rescinded.

B. Termination “Without Cause.” City reserves the right to terminate this Agreement and Employee’s Employment at any time at the will, discretion, and pleasure of the City Manager upon providing Employee with thirty (30) days written notice. City’s only obligation in the event of such termination will be payment to Employee of all compensation then due and owing as set forth in Section 2.1 up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to statutory or regulatory requirements, or if doing so will preclude a violation of State, Federal or local law.

In order to comply with the requirements of California Government Code section 3304(c), in the event of termination without cause EMPLOYEE may request to appear before the City Council, prior to the effective date of the termination to challenge the reasons for the termination without cause or to raise mitigating circumstances regarding the termination.

C. Resignation. If Employee elects to resign at any time during the term of this Agreement, she may do so upon giving City thirty (30) days’ written notice.

Termination pursuant to such action shall occur thirty (30) calendar days after service of said notice, or on such other date as may be agreed to by the Parties.

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 7 of 23 ends

D. Retirement. If Employee elects to retire, she shall inform City, in writing, at least thirty (30) days prior to the effective date of such retirement. City shall cooperate fully with Employee to provide all information in a timely manner.

E. No Notice for Expiration. Nothing in this Section 7 shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 5.

F. Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, Confidential Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to her employment belongs to City and shall be returned promptly to City upon termination of Employee’ employment. Employee’ obligations under this subsection shall survive the termination of her employment and the expiration of this Agreement.
i. Confidential Information. “Confidential Information” shall include, but not be limited to, all information or material that Employee learns of or obtains during her employment with City that is or was confidential or privileged by virtue of it having been discussed or presented in a dulynoticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City.

Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Employee by City.

Nothing herein shall require City to disclose any of its information to Employee. During her employment with City, Employee shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform her job responsibilities under this Agreement.

Following the termination of this Agreement, Employee shall not use or disclose any Confidential Information, except with the express written consent of City. Employee’ obligations under this Section shall survive the termination of her employment and the expiration of this Agreement.

G. Severance. In the event that Employee is terminated “Without Cause,” she shall be entitled to severance pay as follows:
i. Six-months salary

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 8 of 23 ends

The severance pay will be in addition to pay accrued, but not remitted, prior to the notice of termination, and any accrued PTO. The severance rights provided in this Paragraph 7(G) shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein, including any and all rights she may have to a separation payment pursuant to any joint powers insurance authority memorandum of liability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

8. INDEMNIFICATION. City shall defend, save harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings (“Claims”) brought against him in her individual capacity or in her official capacity as ACM, provided the Claims arise while Employee is acting within the scope of her employment and provided, she did not act or fail to act because of actual fraud, corruption or malice. The provision shall not extend to claims brought by City itself or where indemnity is otherwise prohibited by law.

9. PERFORMANCE EVALUATION. City Manager evaluate Employee at least one (1) time each year during the pendency of this Agreement. Employee shall be responsible for initiating the evaluation. The City Manager may conduct more frequent performance evaluations at their discretion.

A. Written Summary. The City Manager may, at her/her sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process.

B. No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. Employee may, if she disagrees with a performance evaluation, submit a written rebuttal to the performance evaluation within thirty (30) calendar days of receiving the evaluation. Performance evaluations, along with any rebuttal, will be maintained in Employee’s personnel file and will be treated as confidential.

10. NOTICES. Notices pursuant to this Agreement shall be deemed to be given when personally delivered to the party to whom directed or when deposited in the United States Mail, postage prepaid, and addressed as follows:

City Employee
Mayor, City of Arvin Megan Miller
200 Campus Drive
Arvin, California 93203 Address set forth in personnel file

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 9 of 23 ends

Either party may change her or its address by providing written notice to the other party in the manner described herein.

11. GENERAL PROVISIONS.

A. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes all prior agreements, promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges a breach of this Agreement or seeks to enforce its terms, provisions, obligations, or as compelled by law.

B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.

C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.

D. Amendment. This Agreement may not be amended except in a written document signed by Employee, approved by the City Council and signed by the City’s Mayor.

E. Assignment. Employee shall not assign any rights or obligations under this Agreement, nor any interest in it. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.

F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.

G. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.

H. Attorneys’ Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys’ fees, costs, and all other litigation costs.

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 10 of 23 ends

I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.

J. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee, that provides paid leave salary offered by the local agency to the officer or Employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or Employee is convicted of a crime involving an abuse of her or her office or position.
b. Government Code section 53243.1 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee that provides funds for the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or Employee is convicted of a crime involving an abuse of her or her office or position. c. Government Code section 53243.3 states that on or after January 1, 2012, if a local agency, such as the City, provides, in the absence of a contractual obligation, for any of the payments described in the corresponding article of the Government Code, then the Employee or officer, such as Employee, receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the Employee or officer is convicted of a crime involving the abuse of her or her office or position.
d. Government Code sections 87100 et seq., section 1090 and section 1126, and all other similar statutory and administrative rules, prohibit conflicts of interest.

During the term of this Agreement, Employee shall comply with all those requirements of law, and shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement.

Employee represents that she has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to him, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position.

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 11 of 23 ends

K. Independent Legal Advice. City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or had the opportunity to do so and City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement.

Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means.

Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

L. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

M. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors, and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

N. Non-Interest. With the exception of Employee, no officer or employee of the City shall hold any interest in this Agreement (California Government Code section 1090). [Signature Page Follows]

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 12 of 23 ends

IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and duly attested to by its City Clerk, and Employee has signed and executed this Agreement, as of the date written below.

Dated: CITY OF ARVIN
By:

Jeff Jones, City Manager
Dated: EMPLOYEE
By:

Megan E. Miller
ATTEST:

By:

CECILIA VELA, City Clerk
APPROVED AS TO FORM:

By:

NATHAN M. HODGES, ESQ.

City Attorney
Attachments:

Exhibit “A”: Assistant City Manager Job Description
Exhibit “B”: Severance Agreement

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 13 of 23 ends

Exhibit “A”
Assistant City Manager Job Description

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 14 of 23 ends

Exhibit “B”
Agreement Of Separation, Severance, And
General Release

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 15 of 23 ends

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “Agreement”) is entered into effective this ___ day of ___________, _____ by and between the City of Arvin, a municipal corporation (“'City” herein), and Megan E. Miller (“Employee” herein).

2. RECITALS

2.1 Employee was hired by the City as an at-will Assistant City Manager effective on or about _______________, serving at the pleasure of the of the City Manager of the City pursuant to a written Employment Agreement, a copy of which is attached hereto as Exhibit “1” (“Employment Agreement”). Employee is currently ___ years old.

2.2 On or about __________, 20__, the City provided Employee with a Notice of Termination without Cause (or the Employee provided the City a letter of resignation, wherein Employee informed the City of her intent to resign.) Pursuant to the Notice of Termination (or Employee’s resignation letter), the City and Employee desire that Employee separate from employment with the City and enter into this Agreement whereby Employee receives severance compensation in exchange for executing a general release and waiver of any and all claims that Employee may have against the City, including but not limited to, its elected and non-elected officials, Employees, attorneys, and agents. Accordingly, the parties hereto intend by this Agreement to mutually conclude any and all employment relationships between the City and Employee by means of Employee's separation as Assistant City Manager and Community Development Director as of the ____ day of _________ 20__. This Agreement sets forth the full and complete terms and conditions concluding Employee's employment relationship with the City and any obligations related thereto, including any provided under the Employment Agreement.

2.3 In accordance with this Agreement and with applicable state and federal laws, Employee acknowledges that Employee has been advised of Employee’s post-employment rights, including but not limited to, Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (" HIPAA"), and of her rights under the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act.

3. CONSIDERATION

3.1 Employee shall receive payment to him at the time of her voluntary separation all earned salary, accrued fringe benefits as detailed in the Employment Agreement, and/or all other wage compensation/benefits owed to Employee upon separation of employment, as required by state, federal or municipal law or any other Agreement with the City.

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 16 of 23 ends

3.2 In exchange for the waivers and releases set forth herein, the City shall cause to be paid to Employee an additional compensatory payment as severance pay by means of a lump sum payment of ________________ ($__________), as set forth in in the form of a check made payable to Employee to be mailed to Employee at Employee’s home address via certified mail return receipt requested within thirty (30) business days after the Effective Date (as defined below) of this Agreement. The lump sum payment shall be subject to applicable state and federal withholdings as determined appropriate by the City.

3.3 In exchange for the severance payment provided for herein, Employee, and on behalf of Employee’s Spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges the City, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, though, under, or in concert with any of them, and such of them (hereinafter referred to as “the City Parties”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, Agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which Employee now has or may acquire in the future, or which Employee ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the effective date of this Agreement (hereinafter referred to collectively as “Claims”), without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. Employee expressly acknowledges that the Claims forever barred by this Agreement specifically include, but are not limited to, claims based upon any alleged breach of the contract or any other Agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIP AA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act or any claim or cause of action including but not limited · to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code§§ 12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or Employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.

Furthermore, nothing herein shall be interpreted as a release or waiver of the City’s statutory obligations relative to providing defense and indemnification of public

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 17 of 23 ends

Employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”') makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this Agreement, Employee acknowledges that Employee knowingly and voluntarily, for just compensation in addition to anything of value to which Employee was already entitled, waives, and releases any rights she may have under the ADEA and/or OWBPA. Employee further acknowledges that Employee has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/release is written in a manner understood by Employee; b) Employee is aware of, and/or has been advised of, Employee’s rights under the ADEA and OWBPA, and of the legal significance of Employee’s waiver of any possible claims Employee currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
c) Employee is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement and the waiver and release of any rights Employee may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of Employee's own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (21) days;
d) The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement;
e) Employee has been advised by this writing that Employee should consult with an attorney prior to executing this Agreement;
f) Employee has discussed this waiver and release with, and been advised with respect thereto by, Employee’s counsel of choice or at least had the opportunity to do so, and Employee represents by signing this Agreement that Employee does not need any additional time within which to review and consider this Agreement;
g) Employee has seven (7) days following Employee’s execution of this Agreement to revoke the Agreement;

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 18 of 23 ends

h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the City pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and i) This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution of same (“Effective Date”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3, and 4 above, Employee understands that California Civil Code section 1542 reads as follows:
“GENERAL RELEASE--CLAIMS EXTINGUISHED”
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HER OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HER OR
HER SETTLEMENT WITH THE DEBTOR.”
Employee hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
Employee hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this Agreement represents and warrants to, and agrees with, each other party as follows:

7.1 Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering and executing this Agreement or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this Agreement, that they have read this Agreement; that they have had this Agreement fully explained to them by such counsel or have had such opportunity to do so and that they are fully aware of the contents of this Agreement and of its legal effect.

7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and neither party relies upon any statement, representation, omission

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 19 of 23 ends

or promise of any other party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement.

7.3 Independent Investigation: Each party to this Agreement has made such investigation of the facts pertaining to this settlement and this Agreement and all the matters pertaining thereto, as it deems necessary.

7.4 Mistake Waived: In entering into this Agreement, each party assumes the risk of any misrepresentation, concealment, or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this Agreement was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this Agreement. This Agreement is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5 Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that Employee fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against the City or the City Parties. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6 Indemnification: Employee agrees to indemnify and hold harmless the City or the City Parties from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this Agreement. Employee understands and agrees that Employee shall be exclusively liable for the payment of all taxes for which Employee is responsible, if any, as a result of Employee's receipt of the consideration referred to in Paragraph 3 of this Agreement. In addition, Employee agrees fully to indemnify and hold the City Parties harmless for payment of tax obligations as may be required by any federal, state, or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this Agreement.

7.7 Future Cooperation: Employee shall execute all such further and additional documents as shall be reasonable, convenient, necessary, or desirable to carry out the provisions of this Agreement.

7.8 Return of Confidential Information and Property: Prior to the separation all City keys, equipment, passwords, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by Employee during the course of Employee’s employment with the City shall be provided by Employee to the Finance Director or designee.

5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)

Page 20 of 23 ends

Arvin City CouncilApril 11, 2023

Arvin City Council
April 11, 2023