Agenda — Arvin City Council, April 14, 2023

SPECIAL MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
FRIDAY APRIL 14, 2023 7:00p.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.

Special Arvin City Council Meeting Agenda – April 14, 2023

Page 1 of 2 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. 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 ___

5. STAFF REPORTS
Special Arvin City Council Meeting Agenda – April 14, 2023

Page 2 of 2 ends

6. COUNCIL MEMBER COMMENTS

7. CLOSED SESSION ITEM(S)
A. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) B. LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Ruben Rodriguez
Agency claim against: City of Arvin
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Attorney

8. 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 24 hours prior to the meeting. Dated April 11, 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: Minutes 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: Minutes 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: Minutes 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: Minutes 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: Minutes 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 14, 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_041423 (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_041423 (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
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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.

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• 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

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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

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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

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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 14, 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_041423 (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.

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.
• 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.

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.
• 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.

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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)

CITY OF ARVIN
Staff Report
Meeting Date: April 14, 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.

4.A.1
Attachment: ACM staff report 4.14.23 (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

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Attachment: ACM staff report 4.14.23 (Approval of Assistant City Manager Employment Agreement)

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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

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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.

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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

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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.”

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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

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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.

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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

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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

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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.

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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.

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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]

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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

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Exhibit “A”
Assistant City Manager Job Description

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

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

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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.

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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

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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;

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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

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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.

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7.9 No Pending Claims and/or Actions: Employee represents that Employee has not filed any complaints or charges against the City or the City Parties with any local, state or federal agency or court; that Employee will not do so at any time hereafter for any claim arising up to and including the Effective Date of this Agreement; and that if any such agency or court assumes jurisdiction of any such complaint or charge against the City or the City Parties on behalf of Employee, whenever or where ever filed, Employee will request such agency or court to withdraw from the matter forthwith. 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.

7.10 Ownership of Claims: Employee represents and warrants as a material term of this Agreement that Employee has not heretofore assigned, transferred, released, or granted, or purported to assign, transfer, release, or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants and represents that none of the Claims released by Employee thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this Agreement; the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this Agreement, and that it is not violating the terms or conditions of any other Agreement to which they are a party or by which they are bound by entering into this Agreement. The parties represent that they will obtain all necessary approvals to execute this Agreement. It is further represented and agreed that the individuals signing this Agreement on behalf of the respective parties have actual authority to execute this Agreement and, by doing so, bind the party on whose behalf this Agreement has been signed.

7.13 Unemployment: Nothing in this Agreement shall limit Employee’s ability to apply for unemployment benefits.

8. MISCELLANEOUS

8.1 No Admission: Nothing contained herein shall be construed as an admission by the City of any liability of any kind. The City denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2 Governing Law: This Agreement has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

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The Parties agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to this Agreement shall be the Kern County Superior Court and all Parties hereby waive any challenge to personal jurisdiction or venue in that court.

8.3 Full Integration: This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written Agreements and discussions. This Agreement may be amended only by a further Agreement in writing, signed by the parties hereto.

8.4 Continuing Benefit: This Agreement is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5 Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the parties agree that same shall not be construed against any party.

8.6 Severability: In the event that any term, covenant, condition, provision, or Agreement contained in this Agreement is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or Agreement shall in no way affect any other term, covenant, condition, provision or Agreement and the remainder of this Agreement shall still be in full force and effect.

8.7 Titles: The titles included in this Agreement are for reference only and are not part of its terms, nor do they in any way modify the terms of this Agreement.

8.8 Counterparts: This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all parties. Delivery of executed originals of this Agreement, as well as any instrument contemplated in connection with this Agreement, may be affected by facsimile and/or electronic transmission, and in such event, copies of executed originals so delivered may be used in place of, and shall have the same force and effect as, the executed originals.

8.9 Notice: Any and all notices given to any party under this Agreement shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given and/or received on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

City: City Of Arvin
City Hall
200 Campus Drive
Arvin, California 93203
Employee: Megan E. Miller
Address set forth in Employee's
Personnel File.

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ASSISTANT CITY MANAGER EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.

Dated: “Employee”
By:

Megan E. Miller
Dated: City of Arvin
By:

Name:

Title: Mayor
APPROVED AS TO FORM:

For City:

By:

Name:

Title: City Attorney
For Employee (if represented):

By:

Name:

Title:

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ASSISTANT CITY MANAGER EMPLOYMENT AGREEMENT
EXHIBIT “1”

EMPLOYMENT AGREEMENT

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Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement) City of Arvin

ASSISTANT CITY MANAGER
DEPARTMENT: CITY ADMIN
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED, DEPARTMENT HEAD
GRADE:

JOB SUMMARY
Under the direction of the City Manager, assumes full management responsibility for assigned functions, services, and activities of the city and directs all activities of the Human & Community Resources and Public Works Departments, and administrative oversight of the Community Development Department. To include but not limited to, providing policy recommendations to the City Manager, develops new department structures and procedures; manages, plans, organizes, directs, and coordinates all department activities across assigned divisions listed above.

DISTINGUISHING CHARATERISTIC
The Assistant City Manager is a department head classification with overall responsibility for the activities of the city as directed by the City Manager. The incumbent is accountable, through subordinate managers and supervisors, for accomplishing all department goals, and for furthering City goals and objectives within general policy guidelines for assigned divisions listed above.

SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Manager. The incumbent develops and implements internal department policies and exercises supervision, either directly or through subordinate supervisors, over management, supervisory, professional, technical, and administrative support personnel within the Public Works Department and administratively only staff within the Community Development Department.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only)
Assistant City Manager Duties
• Assist in the development of City goals, objectives, and priorities for assigned divisions. • Manage the development and implementation of goals, objectives, and priorities for each assigned service area; recommend and administer policies and procedures. • Establish, within City policy, appropriate service, and staffing levels for assigned functions; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocate resources accordingly. • Assess and monitor workload and internal reporting relationships for assigned areas of responsibility; identify opportunities for improvement; direct and implement changes. • Plan, direct, and coordinate, through management level staff, the work plan for assigned functions; assign projects and programmatic areas of responsibility; provide

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direction and supervision on key projects; review and evaluate work methods and procedures; meet with key staff to identify and resolve problems. • Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies;
• Conduct special studies and analyses of regional, local and agency issues for the City Manager; conduct organization and management reviews; formulate recommendations and prepare reports; evaluate programs and prepare studies and analyses. • Participate in the development of City goals, objectives, polices, and priorities; incorporate community input into goals and objectives for the City Manager’s and City Council’s approval; develop new polices in consultation with the City Manager; confer with Department Directors and employees regarding significant policy and procedural changes.
• Coordinate and participate in providing responsible assistance to the City Manager, attend City Council meetings and other public meetings to assist or represent the City Manager in the City Manager’s absence.
• Serve as acting City Manager when directed by the City Manager; oversee City operations in the City Manager’s absence.

Community Development Duties
• Administratively oversees the City’s Community Development Department Public Works Duties
• Administratively oversees the City’s Public Works Division. • Provide City Manager with policy recommendations on assigned areas. • Develop, plan, and implement department goals and objectives; recommend and administer policies and procedures.
• Coordinate Department activities with those of assigned departments and outside agencies and organizations; provide staff assistance to the City Manager; prepare and present staff reports and other necessary correspondence. • Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects, and programs; monitor workflow; review and evaluate work products, methods, and procedures.
• Select, train, motivate and evaluate personnel; provide or coordinate staff training; conduct performance evaluations, maintain and high standards necessary for the efficient and professional operation of the Department.

Human & Community Resources Duties

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• Handle union issues pertaining to the City’s two represented groups; serve as lead negotiator for current and future memorandum of understanding (MOU) issues; resolve employee relations issues related to contract interpretation. • Oversee and evaluate the efficiency and effectiveness of all aspects of the department's programs and recommend appropriate service and staffing levels. • Address employee relations issues: consult with managers and employees regarding the interpretation of personnel practices, polices, and procedures including related laws and regulations and provisions of the MOUs; provide information and assistance to departmental personnel regarding employee evaluations, disciplinary actions, and other employee relations issues.
• Coordinate and implement recruitment and selection activities including announcement development, application screening and evaluation, examination selection and development, and candidate certification.
• Conduct and implement classification, reclassification, and organizational studies; evaluate and determine appropriate classifications and structures; prepare written reports and recommendations; develop new and revise existing classification specifications.
• Conduct wage, salary and benefit studies and surveys for the purpose of compensation administration and bargaining unit negotiations; compile data and prepare written reports including recommendations for action.
• Administer the City’s Workers’ Compensation program to include claims processing and preventative activities (e.g., training and audits); conduct investigations; prepare reports for insurance carriers; represent the City at related hearings. • Manage medical leaves (industrial and otherwise), ensuring compliance with relevant federal and state leave laws and City policy; develop and administer return-to-work plans; conduct interactive processes and formulate and implement accommodations as needed.
• Consult with managers and supervisors regarding job performance and workplace behavioral standards and expectations, and coach City leadership through feedback communication about expectations and observations; monitor performance improvement conversations and documentation processes.
• Conduct and/or coordinate implementation of intra/interdepartmental training programs and activities.
• Conduct research, analyze data, and prepare written and statistical reports and recommendations for a variety of human resource issues and topics; make oral presentations as required to a wide variety of audience types (city council, employee groups, supervisors, etc.).
• Update and revise policies and procedures, written directives, rules, and regulations and various employee materials as appropriate.
• Conduct new employee orientation and exit interviews; ensure proper applicant notification.
• Respond to public inquires in a courteous manner; provide information within the area of assignment; resolve complaints in an efficient and timely manner.

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• Attend and participate in professional group meeting; stay abreast of new trends and innovations in the field of human resources administration. • Plan, develop and implement COA Small Business Alliance within the city. Coordinate the project from inception to launch, release of project information and plan outreach activities.
• Identify, cultivate, and develop new and existing strategic relationships with local churches, businesses, civic groups.
• Solicit community participation and support and encouraging community involvement opportunities.
• Participate in meetings, conferences, community events related to programs within the assigned area; promoting the city and help further the rebrand of the city and foster new growth.
• Oversee major city events to plan and execute community relations events, drives, and other special events Specific activities include developing project work plans and budgets, scheduling and facilitating planning meetings, and coordinating logistics. • Market the city and lead in branding endeavors.
• Assist in establishing strong social media presence for COA and APD and develop path moving forward.
• Responsible for the development, maintenance, and enhancement of a comprehensive informational program for the city. Creates oral, printed and/or video materials for dissemination to the public.
• Accepts comments and complaints from the public. Research data, gather facts and work with staff to develop the city’s response.
• Prepares press releases and distributes to the media and public. Shares information clearly, calmly, and accurately.
• Maintains good working relationships with elected officials, media, and other public information officers.
• Perform COA public information officer duties.
• Regular and timely attendance
• Perform related duties as requested.

Education:

A Bachelor’s degree from an accredited college or university in Business or Public Administration, City or Regional Planning, Urban Planning, or related field.

Experience:

Five (5) years of increasingly responsible professional-level human resources administration experience and Five (5) years of increasingly responsible executive level management experience. Preferably in a public sector municipal government agency in the State of California.

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Knowledge of:
• Federal, State and local laws, codes and regulations relating to personnel administration.
• Principles and practices of risk management.
• Principles and practices of the administration of a comprehensive public personnel program
• Principles and practices of public administration, organization development, and management
• Principles and practices of public administration, management, and organizational theories.
• Principles and practices of leadership, motivation, team building and conflict resolution. • Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs.
• Public relations practices and techniques.
• Research methods; report writing techniques; statistical concepts and methods; principles and techniques of project management.
• Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
• Principles, practices, and procedures of human resources administration in the areas of employment, compensation and classification, workers’ compensation, employee development, training, labor relations, negotiation processes, performance management and discipline, and benefits administration. • Principles of city government organization, functions, and management. • Basic principles and procedures of record keeping.
• Resources to sustain current understanding of modern trends and legal issues in the field of human resources management.
• Methods and techniques of research and analysis.
• Office procedures, methods, and equipment including computers, all Microsoft Office applications, and other relevant software applications. Pertinent federal, state, and local laws, codes, and regulations.
• English usage including grammar, spelling, vocabulary, and punctuation. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.

Abilities to:
• Develop implement and apply sound programs, policies, and procedures in accordance with Federal, State, and local laws, ordinances and policies. • Analyze data, communicate complete information, develop recommendations, and prepare and present effective written and oral reports. • Provide effective employee management, effective leadership, supervision, training, and work evaluation.
• Interpret, apply, and effectively explain laws, rules, regulations, and departmental

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policies.
• Exercise sound and independent judgment, conduct independent analyses and make recommendations on complex, sensitive and controversial issues. • Establish clear goals and objectives in order to create an organization that delivers excellent customer service through ethical leadership standards. • Establish, maintain, and foster cooperative relationships by promoting effective partnerships with department peers, employees, citizens, and others contacted in the course of work.
• Work effectively in time-sensitive situations and coordinate multiple projects and complex tasks simultaneously.
• Communicate effectively orally and in writing and make clear and convincing presentations.
• Develop creative and practical solutions to complex and difficult problems. • Communicate tactfully, sensitively, and effectively with employees and employee representatives.
• Establishing and maintaining working relationships with professional colleagues in other public jurisdictions.
• Provide effective administrative and technical leadership to the Human Resource Department.
• Respond effectively to requests for assistance from other department managers. • Read, understand, and apply established City policies, procedures, practices, and regulations.
• Maintain confidentiality.
• Make rapid and sound independent judgments.
• Successfully develop, control and administer departmental budget and expenditures. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Interpret and apply construction and design standards, various codes and regulations, and department policies, procedures, rules and regulations. • Deliver effective presentations before City Council, Planning Commission, other local and regional commissions and boards, and various community groups • Communicate clearly and concisely, both orally and in writing. • Supervise, train, and evaluate assigned personnel.
• Provide high quality customer service.
• Establish and maintain effective working relationships with those contacted in the course of work.

Work is primarily performed in the office in an air-conditioned office environment with natural

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and fluorescent lighting and moderate noise level and occasionally in the field in all weather conditions, and are occasionally exposed to loud noise levels, road hazards, mechanical and/or electrical hazards, and hazardous substances and fumes. Employees may interact with upset members of the public and private representatives and contractors in interpreting and enforcing departmental policies and procedures. May be required to work a varied schedule which could include off-hours, weekends, and on-call. Must possess mobility to work in the field and in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle, drive on surface streets, and make inspections; strength, stamina, and mobility to perform light physical work; vision to read printed materials and a computer screen, and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking on uneven terrain and landscapes when performing inspections. 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 and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 35 pounds.

HISTORY
Approved by:

Date:

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Attachment: ACM job summary 4.11.23 (Approval of Assistant City Manager Employment Agreement)

Arvin City CouncilApril 14, 2023

Arvin City Council
April 14, 2023