Agenda — Arvin City Council, May 9, 2023

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY MAY 09, 2023 6:00p.m.

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

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENTS:

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

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

AGENDA STAFF REPORTS AND HANDOUTS:

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

CONDUCT IN THE CITY COUNCIL CHAMBERS:

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

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

AMERICANS with DISABILITIES ACT:

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

Arvin City Council Meeting Agenda – May 09, 2023

Page 1 of 3 ends

1. APPROVAL OF AGENDA AS TO FORM.

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

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

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of April 21, 2023 – May 04, 2023.

B. Approval of Payroll Register(s) of April 28, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of April 25, 2023.

D. Approval of A Proclamation Proclaiming May 2023 as Community Action Month.

Staff recommends approval of the Consent Agenda.

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

4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Amending Ordinance 2022-479 Which Established Title 8, Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit A Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis and May Permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District. (City Manager)
Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – May 09, 2023

Page 2 of 3 ends

5. SUCCESSOR AGENCY ITEM(S)
A. Consideration and Approval of A Resolution of the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency Declaring Certain Successor Agency-Owned Real Properties to be Exempt Surplus Land and Certain Other Successor Agency-Owned Properties to be Surplus Land and Directing the Executive Director to Follow the Procedures Set Forth in the Surplus Land Act for the Sale of Such Properties. (City Manager)
Staff recommends approval of the Resolution.

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

6. STAFF REPORTS
A. American Rescue Plan Act (ARPA) Spending Update – April 2023 (City Manager)

7. COUNCIL MEMBER COMMENTS

8. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) C. Conference with Legal Counsel: Liability Claims (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Minako Toyama
Against: City of Arvin
D. Conference with Legal Counsel: Liability Claims (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Juan R. Rico – AIMs File No. FR101259; RMA Claim No. 21665.

Against: City of Arvin
Arvin City Council Meeting Agenda – May 09, 2023

Page 3 of 3 ends

E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8):

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

9. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated May 04, 2023.

Cecilia Vela, City Clerk
4/27/2023 10:43:48 AM Page 1 of 6
Payment Register
City of Arvin APPKT00377 - FOR AP 4/27/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1568
Vendor Number

AD HERN CONSTRUCTION INC
Total Vendor Amount
24,500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41976 04/26/2023 24,500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000677 PECAN & RICHARD SUMP PROJECT 04/26/2023 04/26/2023 0.00 24,500.00 1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
24,474.47
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41977 04/26/2023 24,474.47
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 231030010343 MEDICAL MAY 2023 04/13/2023 04/13/2023 0.00 24,474.47 1561
Vendor Number
BRAMALOMA INC.

Total Vendor Amount
278.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41978 04/26/2023 278.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0080850 CAT TRAP 03/16/2023 03/16/2023 0.00 278.83
1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
9,896.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41979 04/26/2023 9,896.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000676 STREET SWEEPER UNIT 302 04/26/2023 04/26/2023 0.00 9,896.57 1569
Vendor Number
CALIFORNIA CONSULTING, INC.

Total Vendor Amount
12,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41980 04/26/2023 12,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5855 GRANT WRITING SERVICES 03/29/2023 03/29/2023 0.00 12,000.00 1205
Vendor Number

CLEAN CUT LANDSCAPE MANAGEMENT INC
Total Vendor Amount
3,725.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41981 04/26/2023 3,725.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4074 ARVIN LANDSCAPE & MAINT LLMD NO. 1 MARCH 2023 03/31/2023 03/31/2023 0.00 3,000.00 4075 ARVIN LANDSCAPE & MAINT LLMD NO. 2 MARCH 2023 03/31/2023 03/31/2023 0.00 725.00 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

90.02 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41982 04/26/2023 90.02
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32821 PAINT TO COVER DUFOUTS KOVACEVICH PARK 04/13/2023 04/13/2023 0.00 80.08 476831 MATERIAL TO COVER GRAFFITI CITY PARKS 04/14/2023 04/14/2023 0.00 9.94

3.A.1
Attachment: Demand Register(s) of April 21, 2023 - May 04, 2023 (Demand Register(s) of April 21, 2023 - May 04, 2023.) Payment Register APPKT00377 - FOR AP 4/27/2023
4/27/2023 10:43:48 AM Page 2 of 6
1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
195.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41983 04/26/2023 195.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2240753 CHIRO SVCS MAY 2023 04/10/2023 04/10/2023 0.00 195.89 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
31,292.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41984 04/26/2023 31,292.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32457 FIXED FEE - MANAGE CENTRIX ESSENTIALS NOV 22 11/30/2022 11/30/2022 0.00 2,934.75 32655 HP ARUBA 6000 24-PORT GB/POE SWITCH 01/01/2023 01/01/2023 0.00 28,357.63 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
440.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41985 04/26/2023 440.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0161 BUS WASH AND BUMPER SHINE 04.21.23 04/21/2023 04/21/2023 0.00 440.00 1078
Vendor Number

INDEPENDENT FIRE & SAFETY INC
Total Vendor Amount
351.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41986 04/26/2023 351.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 60456 COMM CENTER SEMI ANNUAL MAINT SERVICE 04/06/2023 04/06/2023 0.00 186.50 60457 SUITE Y KITCHEN SEMI ANNUAL MAINT SERVICE 04/06/2023 04/06/2023 0.00 164.50 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
5,625.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41987 04/26/2023 5,625.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000675 INVOICE 5 04/17/2023 04/30/2023 0.00 5,625.00 1153
Vendor Number

JAS PACIFIC
Total Vendor Amount
5,137.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41988 04/26/2023 5,137.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PC 6578 PLANNING SVCS MARCH 2023 04/05/2023 04/05/2023 0.00 5,137.50 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
1,967.68
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41989 04/26/2023 1,967.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8134 UNIT 291 TRANSMISSION MOUNT ASSEMBLY 04/13/2023 04/13/2023 0.00 1,414.18 8140 UNIT 282 REPLACED FRONT DISC PADS AND ROTORS 04/15/2023 04/15/2023 0.00 553.50 1025
Vendor Number

KAISER PERMANENTE
Total Vendor Amount
20,356.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41990 04/26/2023 20,356.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUIK 690201404 MAY 2023 MEDICAL MAY 2023 04/05/2023 04/05/2023 0.00 20,356.80

KOSMONT REAL ESTATE SERVICES
Total Vendor Amount
760.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41991 04/26/2023 760.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2204.3-011 ARVIN RE ADVISORY & BROKERAGE MARCH 2023 03/31/2023 03/31/2023 0.00 760.50 1168
Vendor Number
LOWES
Total Vendor Amount
128.28
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41992 04/26/2023 128.28
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2585965 TOOLS & MATERIAL FOR PUBLIC WORK CORP SHOP 03/23/2023 03/23/2023 0.00 103.29 88830347 STAFF HAD TO PATCH A HOLE IN WALL COMM. CENTER 03/14/2023 03/14/2023 0.00 24.99 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
945.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41993 04/26/2023 945.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14000863 UNIT 207-EV REPLACED BOTH RIGHT REAR DRIVE TIRES 03/30/2023 03/30/2023 0.00 411.19 14000873 UNIT 999 BOTH STEER AXLES TIRES REPAIRED 03/30/2023 03/30/2023 0.00 534.67 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount

66.94 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41994 04/26/2023 66.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 702730 BIN RENT AND 4 YD ROLL OFF MARCH 2023 04/10/2023 04/10/2023 0.00 66.94 1425
Vendor Number

NEXTALK INC
Total Vendor Amount

42.50 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41995 04/26/2023 42.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10916 INTERPRETING USAGE MARCH 2023 03/31/2023 03/31/2023 0.00 42.50 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount

30.41 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41996 04/26/2023 30.41
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32726 UNIT 295 FLAT REPAIR 04/17/2023 04/17/2023 0.00 30.41 1108
Vendor Number
PG & E
Total Vendor Amount
12,826.22
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41997 04/26/2023 12,826.22
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ELEC SVC 03.14.23-04.12.23 ELEC SVC 03.14.23-04.12.23 04/13/2023 04/13/2023 0.00 12,826.22 1449
Vendor Number

PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
35,507.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41998 04/26/2023 35,507.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 28015 COF - LEAP FUNDING 04/17/2023 04/17/2023 0.00 26,050.00 28016 COA SB2 GRANT FUNDING 04/17/2023 04/17/2023 0.00 9,457.50

PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
3,415.04
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 41999 04/26/2023 3,415.04
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARV 4/8/2023 ARV 4/8/2023 04/08/2023 04/08/2023 0.00 3,415.04 1552
Vendor Number

RANDY MICHAEL LOPEZ
Total Vendor Amount
2,455.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 42000 04/26/2023 2,455.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 727961 REBUILD 3 SLOAN WOMAN'S SMOTHERMON PARK 03/31/2023 03/31/2023 0.00 985.00 727967 REBUILD 3 SLOAN TOILET SMOTHERMON PARK 03/31/2023 03/31/2023 0.00 985.00 727968 REBUILD/ REPAIR MEN URINAL SMOTHERMON PARK 03/31/2023 03/31/2023 0.00 485.00 1202
Vendor Number

SINTRA GROUP
Total Vendor Amount
1,693.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 42001 04/26/2023 1,693.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2023144 COMPLETION OF GONZALEZ INVESTIGATION 04/09/2023 04/09/2023 0.00 1,693.75 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
291.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 42002 04/26/2023 291.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901040123 SERVICE APRIL 2023 04/01/2023 04/01/2023 0.00 291.38 1179
Vendor Number

THE PUN GROUP LLP
Total Vendor Amount
17,876.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 42003 04/26/2023 17,876.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 113837 AUDIT OF THE COA FOR YEAR END JUNE 30,2022 03/31/2023 03/31/2023 0.00 17,876.00 1459
Vendor Number

URIEL JESSE ORTIZ
Total Vendor Amount
410.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 42004 04/26/2023 410.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV2151 UNIT 318 LH DOOR WINDOW REMOVED AND REPLACED 04/08/2023 04/08/2023 0.00 410.79 1520
Vendor Number

VMAX ELECTRIC CORPORATION
Total Vendor Amount
3,726.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 42005 04/26/2023 3,726.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2023-22 PURCHASE OF EV EQUIPMENT / INSTALLATION 04/12/2023 04/12/2023 0.00 3,726.62 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
308.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 42006 04/26/2023 308.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5024551470 LARGE COPIER LEASE COMM DEV 03.29.23-04.28.23 04/03/2023 04/03/2023 0.00 183.87 5024561229 COMM DEV LEASE 03.30.23-04.29.23 04/04/2023 04/04/2023 0.00 124.49

3.A.1
Attachment: Demand Register(s) of April 21, 2023 - May 04, 2023 (Demand Register(s) of April 21, 2023 - May 04, 2023.) Payment Register APPKT00377 - FOR AP 4/27/2023
4/27/2023 10:43:48 AM Page 5 of 6
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 42 31 0.00 220,816.29
Packet Totals: 42 31 0.00 220,816.29

3.A.1
Attachment: Demand Register(s) of April 21, 2023 - May 04, 2023 (Demand Register(s) of April 21, 2023 - May 04, 2023.) 5/2/2023 4:03:08 PM Page 1 of 3
Payment Register
City of Arvin APPKT00381 - FOR AP 5/2/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
7,200.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/02/2023 7,200.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount WATER SERVICES 03.24.23-04.24.23 WATER SERVICES 03.24.23-04.24.23 05/02/2023 05/02/2023 0.00 7,200.76 1584
Vendor Number

GRACIE UNIVERSITY
Total Vendor Amount
1,200.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/02/2023 1,200.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GST-00392 GST L1 CERTIFICATION - ARMANDO P. 04/12/2023 04/12/2023 0.00 1,200.00 1076
Vendor Number
HALL LETTER SHOP, INC.

Total Vendor Amount
2,890.48
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/02/2023 2,890.48
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 26117 VACCINE CLINIC / LICENSING MAILED TO RESIDENTS 04/24/2023 04/24/2023 0.00 2,890.48

3.A.1
Attachment: Demand Register(s) of April 21, 2023 - May 04, 2023 (Demand Register(s) of April 21, 2023 - May 04, 2023.) Payment Register APPKT00381 - FOR AP 5/2/2023
5/2/2023 4:03:08 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check33 0.00 11,291.24
Packet Totals:
33 0.00 11,291.24

3.A.1
Attachment: Demand Register(s) of April 21, 2023 - May 04, 2023 (Demand Register(s) of April 21, 2023 - May 04, 2023.) Payment Register APPKT00381 - FOR AP 5/2/2023
5/2/2023 4:03:08 PM Page 3 of 3
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -11,291.24
Packet Totals: -11,291.24

3.A.1
Attachment: Demand Register(s) of April 21, 2023 - May 04, 2023 (Demand Register(s) of April 21, 2023 - May 04, 2023.) 5/4/2023 1:32:06 PM Page 1 of 7
Payment Register
City of Arvin APPKT00382 - FOR AP 5/3/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1207
Vendor Number

ACC BUSINESS
Total Vendor Amount
962.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 962.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 231015551 INTERNET ACC 03.11.23-04.10.23 04/27/2023 04/27/2023 0.00 962.26 1585
Vendor Number

ADRIANA CISNEROS
Total Vendor Amount
390.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 390.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $390 REIMBURSEMENT OF $390 DEPOSIT FOR VET'S HALL 04/26/2023 04/26/2023 0.00 390.00 1003
Vendor Number
AFLAC
Total Vendor Amount

81.96 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 81.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 049078 SUPP INS MARCH 2023 03/11/2023 03/11/2023 0.00 40.98 410084 SUPP INS APRIL 2023 04/11/2023 04/11/2023 0.00 40.98 1228
Vendor Number

ALL AMERICAN UNIFORMS
Total Vendor Amount

37.50 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 37.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 112 EMBROIDERY OF BADGE OR LOGO 04/11/2023 04/11/2023 0.00 37.50 1150
Vendor Number
AT&T
Total Vendor Amount
435.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 435.33
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000019733470 9391059040 SERVICE 03.01.23-03.31.23 04/01/2023 04/01/2023 0.00 210.53 000019733701 9391060015 SERVICE 03.01.23-03.31.23 04/01/2023 04/01/2023 0.00 224.80 1152
Vendor Number

CALIFORNIA BUILDING STANDARDS COMMISSION
Total Vendor Amount
735.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 735.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BSTD FEES REPORT 01.01.23-03.31.23 BSTD FEES REPORT 01.01.23-03.31.23 04/24/2023 04/24/2023 0.00 396.90 BSTD FEES REPORT 07.01.22-09.30.22 BSTD FEES REPORT 07.01.22-09.30.22 04/24/2023 04/24/2023 0.00 143.10 BSTD FEES REPORT 10.01.22-12.31.22 BSTD FEES REPORT 10.01.22-12.31.22 04/24/2023 04/24/2023 0.00 195.30 1127
Vendor Number

CALIFORNIA DEPT OF TAX AND FEE ADMINISTRATION
Total Vendor Amount
213.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 213.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1ST QTR 2023 1ST QTR 2023 03/31/2023 03/31/2023 0.00 213.00

CANON FINANCIAL SERVICES INC
Total Vendor Amount
839.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 839.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 30342626 PRINTER LEASE FOR CH, FIN TRLR, & TRANSIT MAY 2023 04/11/2023 04/11/2023 0.00 839.49 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
1,476.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 1,476.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 51936020414748 SUPPLEMENTAL INS MAY 2023 04/14/2023 04/14/2023 0.00 1,476.54 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount
120.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 120.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 477664 MATERIAL TO SECURE GATES FOR WILDFLOWER EVENT 04/20/2023 04/20/2023 0.00 120.15 1056
Vendor Number

DEPT OF CONSERVATION
Total Vendor Amount
2,260.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 2,260.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SMIP QTRLY 01.01.23-03.31.23 SMIP QTRLY 01.01.23-03.31.23 04/24/2023 04/24/2023 0.00 1,154.09 SMIP QTRLY 07.01.22-09.30.22 SMIP QTRLY 07.01.22-09.30.22 04/24/2023 04/24/2023 0.00 510.34 SMIP QTRLY 10.01.22-12.31.22 SMIP QTRLY 10.01.22-12.31.22 04/24/2023 04/24/2023 0.00 596.11 1059
Vendor Number

DIVISION OF THE STATE ARCHITECT
Total Vendor Amount
248.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 248.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DSA 796 01/2023-03/2023 DSA 796 01/2023-03/2023 04/26/2023 04/26/2023 0.00 86.40 DSA 796 07/2022-09/2022 DSA 796 07/2022-09/2022 04/26/2023 04/26/2023 0.00 38.40 DSA 796 10/2022-12/2022 DSA 796 10/2022-12/2022 04/26/2023 04/26/2023 0.00 123.60 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
760.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 760.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0159 ARVIN PD FLEET WASH 4/18/2023 04/18/2023 04/18/2023 0.00 400.00 INV0163 ARVIN PD FLEET WASH 4/25/2023 04/25/2023 04/25/2023 0.00 360.00 1367
Vendor Number

FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
27,304.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 27,304.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1377 ARVIN CDBG CV2-3-00141 NAV SVCS MARCH 2023 04/06/2023 04/06/2023 0.00 27,304.30 1019
Vendor Number

GUARDIAN
Total Vendor Amount
7,690.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 7,690.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 MAY 2023BUNDLE INSURANCE MAY 2023 04/20/2023 04/20/2023 0.00 7,690.18

JEFFREY B KELLEY
Total Vendor Amount
114.74
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 114.74
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4128 REKEY , KEYS 04/10/2023 04/10/2023 0.00 114.74
1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
712.77
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 712.77
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8147 UNIT 291 REPLACE OXYGEN SENSOR 04/19/2023 04/19/2023 0.00 312.18 8162 UNIT 270 SMOG -PASS 04/22/2023 04/22/2023 0.00 65.00 8163 2011 FORD PICK UP SMOG-PASS 04/22/2023 04/22/2023 0.00 65.00 8167 2017 FORD POLICE INTERCEPTOR OIL CHANGE 04/26/2023 04/26/2023 0.00 270.59 1412
Vendor Number

LEXIPOL LLC
Total Vendor Amount
3,987.35
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 3,987.35
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVLEX15901 ANNUAL LOCAL GOVT. POLICY MANUAL 04/13/2023 04/13/2023 0.00 3,987.35 1331
Vendor Number

LN CURTIS & SONS
Total Vendor Amount
225.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 225.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV694115 BLACK DUTY PISTOL TACO POUCH 04/11/2023 04/11/2023 0.00 225.94 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
524.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 524.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14000719 UNIT 110 REPLACED PASSANGER SEEAT BUCKLE 04/10/2023 04/10/2023 0.00 160.57 14000801 UNIT 110 REPLACED BIKE RACK RELEASE HANDLE 04/10/2023 04/10/2023 0.00 364.18 1191
Vendor Number

MARY VALENTI PHD
Total Vendor Amount
500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4/18/23 PEACE OFFICER PRE EMPLOYMENT - AARON .T 04/18/2023 04/18/2023 0.00 500.00 1247
Vendor Number

MOBILE AG AND INDUSTRIAL SUPPLY
Total Vendor Amount
819.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 819.45
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 114323 PW PERSONNEL PPE 04/11/2023 04/11/2023 0.00 819.45 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount
163.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 163.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32707 JD LAWN X 380 NEW TIRE 04/14/2023 04/14/2023 0.00 163.14

3.A.1
Attachment: Demand Register(s) of April 21, 2023 - May 04, 2023 (Demand Register(s) of April 21, 2023 - May 04, 2023.) Payment Register APPKT00382 - FOR AP 5/3/2023
5/4/2023 1:32:06 PM Page 4 of 7
1108
Vendor Number
PG & E
Total Vendor Amount
4,342.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 4,342.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2004215572-9 03.24.23-04.24.232004215572-9 03.24.23-04.24.23 04/25/2023 04/25/2023 0.00 348.39 5299823039-6 03.24.23-04.24.235299823039-6 03.24.23-04.24.23 04/25/2023 04/25/2023 0.00 3,405.37 7317315093-6 03.24.23-04.24.237317315093-6 03.24.23-04.24.23 04/25/2023 04/25/2023 0.00 67.37 7368140966-7 03.23.23-04.23.237368140966-7 03.23.23-04.23.23 04/24/2023 04/24/2023 0.00 299.96 9132070691-3 03.24.23-04.24.239132070691-3 03.24.23-04.24.23 04/25/2023 04/25/2023 0.00 221.40 1345
Vendor Number

PROVOST & PRITCHARD CONSULTING GROUP
Total Vendor Amount
2,412.90
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 2,412.90
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 99922 CDBG FRANKLIN ST REHAB MARCH 2023 04/18/2023 04/18/2023 0.00 2,412.90 1370
Vendor Number

ROADS DIV KERN COUNTY PUBLIC WORKS DEPT
Total Vendor Amount
29,788.28
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 29,788.28
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RL2317 3000-RC00101- STPL-5950 INVOICE 2 04/25/2023 04/25/2023 0.00 29,788.28 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount
252.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 252.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1741 REPLACED ANTENNAS ON VEHICLES 04/10/2023 04/10/2023 0.00 252.71 1583
Vendor Number

SUSANA LOPEZ
Total Vendor Amount
122.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 122.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REFUND FOR BP23-0157 REFUND FOR BP23-0157 05/03/2023 05/03/2023 0.00 122.49 1133
Vendor Number

TYLER TECHNOLOGIES INC
Total Vendor Amount
260.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 260.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025-417120 INCODE CUSTOMER MANAGEMENT CONFIGURATION 03/29/2023 03/29/2023 0.00 260.00 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
285.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 285.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5024721227 COMM DEV LEASE 4.12.23-5.11.23 04/14/2023 04/14/2023 0.00 285.91 1555
Vendor Number

WEX BANK
Total Vendor Amount
13,604.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 13,604.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 88769917 FUEL FOR APRIL 2023 04/25/2023 04/25/2023 0.00 13,604.60

ALLSTATE
Total Vendor Amount
217.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 217.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000663 ALLSTATE 04/14/2023 04/14/2023 0.00 108.72
INV0000680 ALLSTATE 04/28/2023 04/28/2023 0.00 108.71
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000681 APOA Dues 04/28/2023 04/28/2023 0.00 800.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
1,004.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 1,004.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000682 SEIU Dues 04/28/2023 04/28/2023 0.00 82.08
INV0000683 SEIU Dues 04/28/2023 04/28/2023 0.00 922.08
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/04/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000685 ALEX GHAZARIAN 04/28/2023 05/15/2023 0.00 300.00

3.A.1
Attachment: Demand Register(s) of April 21, 2023 - May 04, 2023 (Demand Register(s) of April 21, 2023 - May 04, 2023.) Payment Register APPKT00382 - FOR AP 5/3/2023
5/4/2023 1:32:06 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 48 31 0.00 101,672.47
Packet Totals: 48 31 0.00 101,672.47
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check64 0.00 2,321.59
Packet Totals:
64 0.00 2,321.59

3.A.1
Attachment: Demand Register(s) of April 21, 2023 - May 04, 2023 (Demand Register(s) of April 21, 2023 - May 04, 2023.)

3.B.1
Attachment: Payroll Register(s) of April 28, 2023 (Payroll Register(s) of April 28, 2023)

3.B.1
Attachment: Payroll Register(s) of April 28, 2023 (Payroll Register(s) of April 28, 2023) Arvin City Council Meeting Minutes – April 25, 2023

Page 1 of 6 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
APRIL 25, 2023
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

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

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Horton Second CM Murillo Vote 4-0

3. PRESENTATION(S)
A. Arvin Power Company – Micro Utility
Eric Amir, V.P. of Business Development - Lahav
AGENDA AMENDED: Motion to consider Public Hearing Item 5A after Presentation Item 3A and prior to Consent Agenda Item 4A.

Motion CM Horton Second CM Reyes Vote 4-0 (voice)

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of April 06, 2023 – April 20, 2023.

B. Approval of Payroll Register(s) of April 14, 2023.

C. Approval of the Minutes of the Special Meeting(s) of April 14, 2023.

D. Approval of A Proclamation Proclaiming the Month of April 2023 as DMV/Donate Life Month in the City of Arvin.

E. Approval of A Resolution of the City Council of the City of Arvin Approving A Task Authorization Between the City of Arvin and Veolia North America for

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of April 25, 2023 (Minutes of the Regular Meeting(s) of April 25, 2023.) Arvin City Council Meeting Minutes – April 25, 2023

Page 2 of 6 ends

Replacement of A Digester Blower and Effluent Pump at the Wastewater Treatment Facility.

F. Approval of A Resolution of the City Council of the City of Arvin Consenting to the Submittal of A Grant Application and Application Documents to the California Department of Transportation for the Low Carbon Transit Operations Program (LCTOP); and Authorizing Related Actions for the Following Project: Arvin Electric Bus Infrastructure Installation Project $49,309.

Staff recommends approval of the Consent Agenda.

Consent Agenda Item 4E pulled for discussion.

Motion to approve Consent Agenda Items 4A, 4B, 4C, 4D, and 4F.

Motion CM Horton Second CM Murillo Vote 4-0
Motion to approve Consent Agenda Item 4E.

Motion Mayor Trujillo Second CM Horton Vote 4-0

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Amending Ordinance 2022-479 Which Established Title 8, Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit A Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis and May Permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District. (City Manager)
Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.

Public Hearing Item 5A considered after Presentation Item 3A and prior to Consent Agenda Item 4A.

Hearing opened.

Public Testimony: Fifteen (15) members of the Arvin Community spoke in opposition of the Ordinance.

Hearing closed.

Motion to table above Public Hearing Agenda Item 5A to the following Regular City Council Meeting of May 09, 2023.

Motion CM Horton Second CM Murillo Vote 4-0

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of April 25, 2023 (Minutes of the Regular Meeting(s) of April 25, 2023.) Arvin City Council Meeting Minutes – April 25, 2023

Page 3 of 6 ends

6. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin Establishing an Ad Hoc City Council Committee to Beautify Arvin. (City Manager)
Staff recommends consideration and discussion from Council.

Motion to approve the Resolution Establishing an Ad Hoc City Council Committee to Beautify Arvin.

Motion CM Horton Second Mayor Trujillo Vote 4-0
Resolution No. 2023-16
Mayor Trujillo appointed CM Reyes and Mayor Trujillo (self) to serve as members to the Ad Hoc City Council Committee to Beautify Arvin.

B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Awarding A Professional Services Agreement to Willdan Financial Services to Prepare A City Cost Allocation Plan and Rate Study for Sewer Operations. (City Manager)
Staff recommends approval of the Resolution and Awarding A Professional Services Agreement to Willdan Financial Services to Prepare A City Cost Allocation Plan and Rate Study for Sewer Operations.

Motion to approve Resolution Awarding A Professional Services Agreement to Willdan Financial Services to Prepare A City Cost Allocation Plan and Rate Study for Sewer Operations.

Motion CM Horton Second CM Reyes Vote 4-0
Resolution No. 2023-17
Agreement No. 2023-08
C. Consideration of Funding Options for Solar Renewable Energy System at the City of Arvin’s Wastewater Treatment Plant:

Option #1: Power Purchase Agreement (PPA)
or
Option #2: California Energy Commission (CEC) Energy Conservation Assistance Act (ECAA) One Percent (1%) Interest Loan Program; and Approval of A Resolution of the City Council of the City of Arvin Authorizing Enovity Inc., A Veolia Company and the City Manager of the City of Arvin, to Complete and Submit All Necessary Documents and An Application for A California Energy Commission (CEC) Energy Conservation Assistance Act (ECCA) Loan and Finding the Activity Funded by Such Loan to be Exempt from the California Environmental Quality Act (CEQA). (Veolia Water)

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of April 25, 2023 (Minutes of the Regular Meeting(s) of April 25, 2023.) Arvin City Council Meeting Minutes – April 25, 2023

Page 4 of 6 ends

Staff recommends consideration and discussion from Council.

Motion approve Option #2: California Energy Commission (CEC) Energy Conservation Assistance Act (ECAA) One Percent (1%) Interest Loan Program; and Approval of A Resolution of the City Council of the City of Arvin Authorizing Enovity Inc., A Veolia Company and the City Manager of the City of Arvin, to Complete and Submit All Necessary Documents and An Application for A California Energy Commission (CEC) Energy Conservation Assistance Act (ECCA) Loan and Finding the Activity Funded by Such Loan to be Exempt from the California Environmental Quality Act (CEQA).

Motion CM Horton Second Mayor Trujillo Vote 4-0
Resolution No. 2023-18
D. Consideration and Approval of A Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance. (City Manager)
Staff recommends approval of the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.

Motion to approve the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.

Motion CM Horton Second CM Reyes Vote 4-0
Agreement No. 2023-09

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

8. STAFF REPORTS
A. Monthly Financial Report – March 2023 (City Manager)

9. COUNCIL MEMBER COMMENTS

10. 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.

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of April 25, 2023 (Minutes of the Regular Meeting(s) of April 25, 2023.) Arvin City Council Meeting Minutes – April 25, 2023

Page 5 of 6 ends

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): eight cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. 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
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Attorney
CLOSED SESSION REPORT BY CITY ATTORNEY:
10A. No reportable action.
10B.(1) Case removed.
(2) Report was provided to the City Council. No reportable action. (3) Report was provided to the City Council. The City Council provided direction to the City Manager.
(4) Report was provided to the City Council. No reportable action. (5) Report was provided to the City Council. No reportable action. (6) Case removed.
(7) Report was provided to the City Council. No reportable action. (8) Report was provided to the City Council. The City Council provided direction to the City Manager.
10C.Update was provided to the City Council; Further update to be provided after the water board hearing.
10D.(1) No reportable action.
(2) Direction was provided to the City Attorney.
10E. Item was tabled.

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of April 25, 2023 (Minutes of the Regular Meeting(s) of April 25, 2023.) Ar
vinCity Council Meeting Minutes– April 25,2023
Page6of 6

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

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of April 25, 2023 (Minutes of the Regular Meeting(s) of April 25, 2023.)

3.D.1
Attachment: Ltr from CAPK re Community Action Month May 2023_050923 (Proclamation Proclaiming May 2023 as Community Action Month)

PROCLAMATION
Community Action Month – May 2023
WHEREAS, Community Action Partnership of Kern was established in 1965 and has made essential contributions to individuals and families across Kern County by creating economic opportunities and strengthening communities; and WHEREAS, Community Action Partnership of Kern addresses underlying causes of poverty, alleviates the effects, and promotes dignity and selfsufficiency in the communities we serve; and WHEREAS, Community Action Partnership of Kern delivered over 19.1 million pounds of food across Kern County 2022; and
WHEREAS, Community Action of Kern operates the Primeros Pasos Head Start location in Arvin tending to the children within the community and providing a Head Start to their education; and
NOW, THEREFORE, The City Council of the City of Arvin, hereby proclaims May 2023 as Community Action Month in recognition of the hard work and dedication throughout the community.

In Witness Whereof, I have hereunto set my hand and caused to be affixed the seal of the City of Arvin, California, this 09th day of May 2023.

Olivia Trujillo, Mayor
City of Arvin

3.D.2
Attachment: Proclamation Community Action Month May 2023 CAPK_050923 (Proclamation Proclaiming May 2023 as Community Action

Page 1 of 3 ends

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

CITY OF ARVIN
Staff Report
Meeting Date: May 09, 2023
TO: City Council
FROM: Jake Raper, Consultant Planner
Jeffrey Jones, City Manager
SUBJECT: An Ordinance of the City Council of the City of Arvin Amending Ordinance 2022-479 Which Established Title 8, Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit a Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis and may permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District.

BACKGROUND:

The City Council adopted Ordinance No. 479 on March 22, 2022 establishing Chapter 8.29 Marijuana, Section 8.29.05 Commercial Cannabis Activity and said Ordinance became effective on April 22, 2022. The City Council is requested to further amend Ordinance No. 2022-479 to permit a limited number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis. First reading of the Ordinance was held on March 28, 2023.

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

DISCUSSION:

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

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

Due to the limited number of Store Front Sales, it is anticipated that there will be more than two

4.A.1
Attachment: 1 - Staff Report Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_050923 (Public Hearing - Second Reading

Page 2 of 3 ends

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

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

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

ENVIRONMENTAL:

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

RECOMMENDATION:

Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of an Ordinance of the City Council of the City of Arvin Amending Ordinance 2022-479 Which Established Title 8, Chapter

8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit a Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis and may permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District.

FISCAL IMPACT:

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

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

EXHIBIT:

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

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

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

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

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ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
AMENDING ORDINANCE 2022-479 WHICH ESTABLISHED TITLE 8,
CHAPTER 8.29, SECTION 8.29.05 COMMERCIAL CANNABIS

ACTIVITY OF THE ARVIN MUNICIPAL CODE TO PERMIT A LIMITED NUMBER OF TYPE 10 AND TYPE 12 STORE FRONT SALES OF

COMMERCIAL CANNABIS AND MAY PERMIT STORE FRONT SALES

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

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

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

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

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

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

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

Chapter 8.29 MARIJUANA
SECTION 8.29.05 COMMERCIAL CANNABIS ACTIVITY

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

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

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

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

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

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

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

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

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

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

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

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

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authorized within the Bear Mountain Central Business District as established by Chapter

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

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

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

8. Section 8.29.05.295 is added to read as follows:

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

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

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

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

Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation. //////
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Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council of the City of Arvin after waiving reading, except by Title, at a regular meeting thereof held on the 28th day of March 2023, and adopted the Ordinance after the second reading at a regular meeting held on the 09th day of May 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor

APPROVED AS TO FORM
By:

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

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

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

Section 8.29.05.02 - Definitions.

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store with cannabis to prepare topical or oral administrations, food, drink, or other product. For the purpose of this Chapter, "Cannabis" does not mean industrial hemp as that term is defined by Section 11018.5 of the California Health and Safety Code.
(c) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this Chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health & Safety Code, or a drug, as defined by Section 109925 of the Health & Safety Code. (d) "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(e) "Chief of Police" means the Chief of Police for the Arvin Police Department or his/her designee.
(f) "City Manager" means the City Manager for the City or his/her designee. (g) "Commercial cannabis activity" or "commercial cannabis business" includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale (including retail and wholesale) of cannabis or cannabis products conducted or engaged in by any person, except cultivation and possession of cannabis for personal use as governed by Arvin Municipal Code Chapter 8.29, Section 8.29.05 and/or as preempted by State law.
(h) "Commercial cannabis permit" means a permit issued by the City pursuant to this Chapter to a commercial cannabis business.
(i) "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (j) "Cultivation site" means a facility where cannabis is propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or where all or any combination of those activities occur.
(k) "Day care center" means, as the term is understood in Business & Professions Code Section 26001(o), as may be amended, any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age childcare centers.
(l) “Delivery" means the commercial transfer of cannabis or cannabis products to a customer at the customer's home or other location remote from the premises of the commercial cannabis business making the delivery and includes the use by a retailer of any technology platform. "Delivery" does not mean or include storefront sales.
(m) "Distribution" means the procurement, sale and transport of cannabis and cannabis products between licensees.
(n) "Distributor" means a licensee engaged in distribution. (o) "Edible cannabis product" means a cannabis product that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (ee) "Responsible person" means any person who is responsible for, or who will oversee or participate in, the direction, control, management, or supervision of a commercial cannabis business.
(ff) "Retailer" means a person who engages in the retail sale of cannabis or cannabis products to customers.
(gg) "Sell," "sale" and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting and receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(hh) "School" means, as the term is understood in Business & Professions Code Section 26054(b), as may be amended, a place of instruction in kindergarten or any grades 1 through 12.
(ii) "State" means the State of California and all of its departments, divisions and agencies, including but not limited to the Bureau of Cannabis Control, the Department of Public Health, and the Department of Food and Agriculture. (jj) "Stacking" means cultivating cannabis plants on platforms or tables and stacking them in multiple layers on top of each other.
(kk) "Storefront sales" means the retail sale of cannabis or cannabis products directly to customers from a storefront, dispensary, or other permanent building or structure, or in any manner that does not constitute delivery. "Storefront sales" does not include delivery.
(ll) "Testing Laboratory" means a laboratory, facility or entity that offers or performs tests of cannabis or cannabis products and that is both: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity; and (2) a State licensee. (mm) "Topical cannabis" means a cannabis product intended for external application.

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

Section 8.29.05.03 - Applicability to Personal Cannabis Activity.

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store amended from time to time. To the extent any provision of Chapter 8.29 of the Arvin Municipal Code conflicts with this Chapter, this Chapter shall govern.

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

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

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

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

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

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

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

7. Type 4 = Cultivation; Nursery.

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

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

10. Type 6 = Manufacturer 1.

11. Type 7 = Manufacturer 2.

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

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

14. Type 8 = Testing Laboratory.

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

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

17. Type 11 = Distributor.

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

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

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

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

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

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

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

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

3. Type 2 = Cultivation; Outdoor; Small.

4. Type 3= Cultivation; Outdoor; Medium.

5. Type 5 = Cultivation; Outdoor; Large.

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store providing or exchanging any cannabis or cannabis products. However, this subsection does not prohibit the issuance of commercial cannabis permits authorizing non-storefront sales, by delivery only, of cannabis or cannabis products in the City. (d) Consistent with Business & Professions Code Section 26080, nothing in this Chapter shall be interpreted to prohibit the use of the public roads of the City by a State licensee in the course of making cannabis deliveries to and from areas outside of the City.

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

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

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

3. Employee Badge pursuant to Section 8.29.05.09; and

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

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

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store permits, California Fire Code approvals, and planning-level permit(s) required by Title 17 Zoning of the Arvin Municipal Code. City Manager may issue a Conditional Commercial Cannabis Permit where the business is actively implementing conditions, obtaining clearances and licenses from local agencies and the state of California. Temporary Certificate of Occupancy may be issued by the Building Official where such occupancy is near completion of required improvements and where the Building Official and Fire Agency finds that no health and safety factors exists.

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

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store ii. The commercial cannabis permit, or any of the other entitlements required for the commercial cannabis to operate in compliance with this Chapter, is suspended or revoked at the time the application for renewal is submitted or is suspended or revoked while the application for renewal is pending. iii. The commercial cannabis business or activity has not been in regular and continuous operation during the four (4) months prior to the submission of the application for renewal.
iv. The commercial cannabis business is in noncompliance with any provision of this Chapter, any regulation promulgated pursuant hereto, any other provision of the Arvin Municipal Code applicable to the commercial cannabis business, or any condition of approval of the commercial cannabis permit or any other entitlement issued by the City to the commercial cannabis business.
v. The applicant for renewal of the commercial cannabis permit has failed to obtain or renew any required State license or is in violation of any applicable provision of State law or any applicable State regulation. vi. The applicant for renewal has failed to pay in full all fees, administrative fines, penalties and/or charges imposed by the City relating to the commercial cannabis business, unless assessment of the fees, administrative fines, penalties and/or charges are being appealed.

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store Section 8.29.05.07 - Existing Commercial Cannabis Businesses.

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

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store time and fees and employee time, incurred by the City while seeking a warrant and/or judicial intervention granting the requested access. The requirements of this Section shall be in addition to any other applicable provision of the Arvin Municipal Code.

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

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

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (13) Developer must submit a detailed fencing plan to the City Engineer or their designee for approval. Plans may be included within a larger Civil Design Plan required for overall site development approval. At a minimum, the plans must show the layout of all proposed exterior fences with locations of gates for pedestrians and vehicles.

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store

4. Any other breach of security.

Section 8.29.05.09 - Employee Badge Requirement.

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

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

Section 8.29.05.100 - Right to Occupy and to Use Property.

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store the City. Location distance and/or separating commercial cannabis business, as described above, shall be measured from the exterior of the structure(s). Applicant shall prepare locational map verifying locational distance and shall certify that the structure locations meet the two hundred feet separation. However, if a proposed building or an existing building or facility in a City zoning district enumerated in subsection (a) is located adjacent to or across a street or alley from a residential zoning district or area of the City, a commercial cannabis business may be permitted to operate in such location if, in the opinion of City Manager, the operation of a commercial cannabis business in such location would not tend to cause a public nuisance, nor a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings. Any subsequent expansion of a commercial cannabis business permitted to operate in such a location, which expansion requires a new or amended commercial cannabis permit, shall also be subject to a determination by the City Manager that the expansion would not tend to cause a public nuisance or a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings.
(e) Commercial cannabis businesses shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in Title 17 of the Arvin Municipal Code. (f) Any commercial cannabis business which has been determined by the City Manager to be an existing commercial cannabis business on the effective date of this Chapter shall be exempt from compliance with the limitations prescribed in this Section, unless such location is otherwise determined to constitute a public nuisance or otherwise a disturbance to the adjacent or neighboring uses as determined by the provisions of this Chapter.

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

Section 8.29.05.130 - Concurrent Regulation with State.

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

Section 8.29.05.140 - Compliance with Laws.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (a) It shall be the responsibility of the commercial cannabis permit holder, including its owners and operators, to ensure that the permitted commercial cannabis business is, at all times, operating in compliance with all applicable state and local laws and regulations, as amended, and any conditions of approval of a State license or City-issued commercial cannabis permit or other entitlement.
(b) Nothing in this Chapter shall be construed as an authorization of any action or conduct in violation of state law or local law with respect to the operation of a commercial cannabis business.
(c) Nothing in this Chapter shall be construed as an authorization by the City, its elected or appointed officials, employees, agents, representatives and/or consultants, collectively or individually, of any conduct in violation of federal law.

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store cannabis and cannabis products may be temporarily taken from the commercial cannabis business and retained for the minimum time and to the minimum extent necessary to ascertain compliance with this Chapter, provided that any such samples shall be logged, recorded, and maintained in accordance with the Arvin Police Department standards for evidence.
(e) For all inspections required by this Section (not including complaint-based inspections), inspection fees sufficient to cover the costs of such inspections shall be paid by each commercial cannabis business as part of such business' commercial cannabis permit application fees or annual permit fees.
(f) Failure or refusal of a commercial cannabis business, or any owner, manager, employee or agent thereof, to grant access to the premises of the commercial cannabis business to facilitate any inspection pursuant to this Section shall constitute a violation of this Chapter, and shall constitute grounds for the City to obtain an inspection warrant to inspect the commercial cannabis business in accordance with State law. (g) All inspections shall be subject to adherence to applicable HIPAA rights and other applicable privacy rights unrelated to the purpose and intent of the inspections. (h) The requirements and remedies set forth in this Section shall be in addition to all other applicable provisions of the Arvin Municipal Code.

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store established as a deterrent against non-operational permit holders. The nonoperation of permitted Commercial Cannabis establishments is determined to be detrimental to the health and welfare of the City.

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (j) The City Manager may immediately suspend a commercial cannabis permit without notice or hearing, subject to a subsequent hearing prior to reinstatement or revocation pursuant to subsection (i), under the following circumstances:

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

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

Section 8.29.05.180 - Limitations on City's Liability.

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store be revoked, and the commercial cannabis permit holder shall immediately cease all commercial cannabis business activities. Failure to immediately cease all commercial cannabis business activities shall subject the commercial cannabis permit holder to the penalties, enforcement and cost recovery provisions established within the Arvin Municipal Code and any other legal remedies available to the City.

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

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store within the five (5) years immediately preceding the date of the application has been investigated or the permit or license authorizing the operation of such business has been revoked or suspended within the five (5) years immediately preceding the date of the application.

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

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

8.29.05.240(w), shall also be included.

8. Odor control devices and techniques demonstrating compliance with Section

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

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

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

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

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store

17. Proposed days and hours of operation.

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

19. Youth access restriction procedures demonstrating compliance with Section

8.29.05.240(h).

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

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

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

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

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

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

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

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

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c), or the applicant has been convicted of any other offense listed within Business and Professions Code Section 26057.

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

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

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

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (g) The City Manager shall have the authority to either approve or deny the application for a commercial cannabis permit. The City Manager shall approve the application if and only if it meets all applicable requirements of this Chapter. Notwithstanding any other provision of this Chapter, the City Manager, when approving a commercial cannabis permit, may place any additional limitations and conditions on the operation of a commercial cannabis business as he or she deems necessary, consistent with the with this Chapter and any regulations promulgated pursuant hereto.
(h) Payment of an annual commercial cannabis permit fee, in an amount set by resolution of the City Council sufficient to cover the City's annual costs of administering the mandatory regulatory functions of this Ordinance in regard to the permitted commercial cannabis business, including but not limited to inspections, audits and investigations, shall be required before issuance or renewal of any commercial cannabis permit pursuant to this Chapter. The fee may be established as a trust deposit for actual costs. The fee, or initial trust deposit, shall be in an amount the City Manager estimates will cover the City's annual costs as described in this paragraph. If a trust deposit-based fee is established, the trust deposit shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial amount is not sufficient, the applicant shall provide additional amounts as necessary upon request from the City. Failure to pay such additional amounts within thirty (30) days of a request by the City shall constitute a violation of this Ordinance and grounds for denial, non-renewal or revocation of the subject commercial cannabis permit. (i) When an application is denied, the City Manager shall provide a statement of decision giving the reasons for the denial and the findings upon which the decision is based. Notice of the denial may be provided by either personal service or U.S. mail. Notice is presumed to be served upon the applicant once deposit into the U.S. mail. Any person denied a commercial cannabis permit shall have the right to appeal such denial in accordance with this Section.
(j) Any appeal of a denial of an application shall be filed and conducted as prescribed in this subsection.

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store iv. Oral evidence shall be taken only on oath or affirmation. The City Manager shall have the power to administer oaths.
v. Irrelevant and unduly repetitious evidence shall be excluded. vi. Each party shall have the right to: call and examine witnesses on any matter relevant to the issues of the hearing; introduce documentary and physical evidence; cross-examine opposing witnesses on any matter relevant to the issues of the hearing, subject to the control of the City Manager, including the imposition of reasonable alternatives to cross-examination; impeach any witness regardless of which party first called the witness to testify; rebut the evidence; and be represented by anyone who is lawfully permitted to do so. vii. The City Manager may take official notice, either during the hearing or after submission of the matter for decision, of any fact which may be judicially noticed by the courts of this state or of official records, regulations, rules, and decisions of state and local agencies, boards and departments and of City ordinances. In addition, the City Manager may take official notice of matters in its own files and of prior proceedings under this chapter involving the same issues. If applicable, the City Manager may also take official notice of any generally accepted technical or scientific matter within their expertise. The parties present at the hearing shall be informed of the matters to be noticed, and those matters should be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, and
viii. The City Manager may provide for reasonable continuances of the hearing, on his/her own initiative or at the request of a party, as necessary to properly conduct the appeal.

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store

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

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

Section 8.029.05.200 Development Agreement.

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store be determined in the sole discretion of the City Manager:
(1) The applicant has a pending or approved application for a commercial cannabis permit on file with the City pertaining to the real property that will be subject to the development agreement;
(2) The applicant holds a legal or equitable interest in the real property that will be the site of the commercial cannabis business. If the applicant does not own the property, the applicant must have a legal right to purchase or develop the property and/or notarized written consent from the owner of the property to operate a commercial cannabis business on the property and to enter into a development agreement with the City pertaining to the property. (c) Filing Requirements.
(1) Only a qualified applicant may file an application to enter into a development agreement. An applicant shall provide, to the satisfaction of the City Manager, written proof of meeting the criteria in subsection (b) above, as well as proof of the authority of any agent or representative to act for the applicant.
(2) The City Manager shall prescribe the form for each application, notice and documents provided for or required under this Section for the preparation and implementation of development agreements. The applicant shall complete and submit such an application form to the City Manager, along with a deposit for the estimated direct and indirect costs of processing the development agreement. Each applicant pursuant to this Section shall be required to pay a development agreement application fee, in an amount established by resolution of the City Council, sufficient to cover the City’s costs of review and processing of the development agreement application pursuant to this Section. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of reviewing and processing the application. If a trust deposit-based fee is established, the trust deposit shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days upon of a request from the City. If the applicant fails to do so, the application review and processing shall cease and shall not continue until such additional amounts are paid.
(3) The City Manager shall require an applicant to submit such information and supporting data as the City Manager considers necessary to process the application, including but not limited to a community benefit assessment to evaluate the benefits the development agreement will provide to the community.
(d) Processing Requirements.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (1) The City Manager shall endorse on the application the date it is received.

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store modifies the agreement as provided in Section 65865.1 of the California Government Code for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.
(e) Findings and Development Agreement Conditions. After the City Council completes the public hearing, the City Council may not approve the development agreement unless it finds that the provisions of the agreement:
(1) Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan;
(2) Are compatible with the uses authorized in and the regulations prescribed by this Chapter, zoning district in which the activity is located, and area in which the real property is located;
(3) Will not be detrimental to the health, safety, environmental quality, and general welfare of the community;
(4) Will provide for or result in contributions, services or facilities that benefit the community, which may include, but are not limited to, public facilities, improvements, and services, parks, recreation and open space improvements, public art, youth sports programs, other public youth benefit programs, substance abuse awareness and recovery programs, and other public service programs.
(5) Will not adversely affect the orderly development of property or the preservation of property values;
(6) Provides for payment by the applicant of all costs associated with preparing and entering into the agreement; and
(7) Provides for a reasonable penalty for any violation of the development agreement.
(f) Effectiveness of a development agreement pursuant to this Section shall be contingent upon issuance of a commercial cannabis permit and all other entitlements necessary to operate a commercial cannabis business on the subject property.
(g) Modifications and Extensions.
(1) The provisions of Section 65868 of the California Government Code shall apply for all modifications, with the exception of Minor Modifications, extensions or other amendments of the terms of a development agreement subject to this Chapter.
(2) Either party may propose an amendment or termination of an approved development agreement subject to the following:

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (i) The procedure for amending or terminating the development agreement is the same as the procedure for entering into an agreement in the first instance.
(ii) The development agreement may be amended or cancelled only by the mutual consent of the parties, as provided in Section 65868 of the California Government Code.
(3) Nothing herein shall limit the City’s ability to terminate or modify the agreement consistent with Section 65865.1 or 65865.3 of the California Government Code, or as may be amended.
(4) Minor modifications to a Development Agreement may be authorized by the City Manager, upon consultation with the City Attorney. (5) The Development Agreement may necessitate further planning and development of the Project and may demonstrate that refinements and changes are appropriate with respect to the details and performance in implementing the Project under a Development Agreement. The Development Agreement may permit a certain degree of flexibility with respect to the details of the development of the Project and with respect to those items covered in general terms under a Development Agreement. A Minor Changes (as hereinafter defined) when found to be necessary or appropriate, a written request shall be submitted to the City Manager, unless otherwise required by federal, state or local ordinance and/or regulation, effectuate such changes or adjustments through administrative amendments executed by the City Manager or designee. Upon approval of a Minor Modification, it shall be attached as addenda and become a part of the Development Agreement. Minor Modifications shall be recorded with the Development Agreement.
(6) The term “Minor Changes” collectively means:
(a) minor deviations to the Project Approvals that are permitted under the Existing City Requirements and are reasonably approved by the City Manager;
(b) a reduction in the parking ratio requirements for the Project under consistent with the Arvin Municipal Code, provided that (i) the reduction does not exceed ten percent (10%) of the Code requirement, and (ii) the reduction is approved by the City Manager, which approval shall not be unreasonably withheld or denied; or
(c) such other changes, modifications or adjustments to the Project Approvals, which the City Manager determines are consistent with the overall intent of the Project Approvals and which do not materially alter the overall nature, scope, or design of the Project, and which are consistent with the requirements of Chapter 8.29.05 of the Arvin

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store Municipal Code and any commercial cannabis activity regulations or policies established by the City Manager.
(7) Assumption Agreement(s) - No Modification. An Assumption Agreement shall be subject to the terms of an approved Development Agreement. An Assumption Agreement shall not limit, restrict, modify, alter, amend or otherwise change in any manner the rights and obligations of an Assignor or Assignee under the DA, and in the event of any conflict between the terms and provisions of an Assumption Agreement and the terms and provisions of the DA, the terms and provisions of the DA shall control.
(8) In effecting any Minor Changes, the City shall cooperate with the Developer, provided that the permitted uses are not modified from those in the Project Approvals and any changes are in accordance with the Existing City Requirements. Minor Changes shall not be deemed to be an amendment to a Development Agreement under California Government Code section 65868 but are ministerial clarifications and adjustments, and unless otherwise required by law, no such administrative amendments shall require prior notice or hearing by the City Council. Any amendment or change requiring a environmental impact report, or a supplement thereto, pursuant to CEQA shall not be considered a Minor Change, but shall be considered substantive amendment which shall be reviewed and approved by the City Council as determined by the applicable provisions of the Arvin Municipal Code relating to the hearing and approval procedures for the specific Project Approval.

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

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

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

3. Copies of all required state licenses.

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store Prior to approval or conditional approval of a transfer, the existing Commercial Cannabis permit must have met all the applicable requirements.

Section 8.29.05.240 - General Operating Requirements for Commercial Cannabis Businesses.

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.

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

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

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store

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

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

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

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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store lighting, and that use a combination of natural and supplemental artificial lighting. The cultivation activities conducted within a greenhouse shall not be visible from any public right-of-way or adjacent private property. All greenhouses shall comply with the requirements of this Chapter and the Arvin Municipal Code, including the adopted requirements of the California Building Code, the California Fire Code and any other code adopted or incorporated by reference within the Arvin Municipal Code, as amended.

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (b) If a commercial cannabis business includes nursery activities, only one nursery may be located on the premises of the commercial cannabis business, and the nursery activity must be permitted pursuant to this Chapter and State law.
(c) Cannabis cultivation and nursery activity shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. (d) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (e) In no case shall any hazardous, flammable or explosive substances be used to process or manufacture cannabis products on site, except as otherwise stated in this Chapter pertaining to food grade alcohol.
(f) The cultivation of cannabis and any nursery activity shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
(g) Stacking shall be allowed in a given structure only to the point that measuring the total canopy of each level of stacking is cumulatively no greater than the maximum canopy size allowed under State laws or regulations applicable to the State cultivation license held by the commercial cannabis business
(h) All applicants for a commercial cannabis permit for cultivation or nursery activity shall submit the following, which shall be subject to approval by the City Manager prior to issuance of a commercial cannabis permit to the applicant, in addition to the information otherwise required for a commercial cannabis permit application:

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

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

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

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

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (b) Manufacturer 2 (Type 7) permittees shall utilize only manufacturing processes that use solvents exclusively within a closed-loop system that meets all of the following requirements:

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

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

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

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

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

Section 8.29.05.280 - Cannabis Retail/Delivery Businesses Operating Requirements

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (a) Retail sales of cannabis and cannabis products in the City shall be conducted by delivery only.
(b) All commercial cannabis businesses conducting deliveries shall have permitted premises in the City from which all deliveries to addresses in the City or outside of the City shall be conducted. Commercial cannabis businesses that do not have physical premises located in the City, and/or that propose to deliver into the City from premises outside the City, shall not be eligible for issuance of a commercial cannabis permit, and are prohibited from conducting deliveries in the City.
(c) The premises of all commercial cannabis businesses that are permitted to conduct deliveries shall be closed to the general public at all times and shall be accessible only to employees and persons with a bona fide business or regulatory purpose for accessing the premises.
(d) In accordance with Business & Professions Code Section 26070.1, cannabis or cannabis products purchased by a customer shall not leave the permitted premises of a retailer unless they are placed in an opaque package. Lake i
(e) Retailers shall not accept, possess, or sell cannabis or cannabis products that are not packaged and labeled as they will be sold at final sale and in accordance with Business & Professions Code Section 26120, as may be amended. Retailers shall not package or label cannabis or cannabis products.
(f) No employee or other person acting on behalf of a commercial cannabis operation permitted to conduct deliveries may possess or deliver more than $3,000 worth of cannabis or cannabis products at any given time.
(g) No delivery shall be made to any person other than the person who requested the delivery, except when the person requesting the delivery is a qualified patient and the person receiving the delivery is his or her primary caregiver, or vice versa. (h) Any person who is present on the permitted premises of a commercial cannabis business permitted to conduct deliveries who is not an employee, officer, agent, or representative of the retailer must sign in and wear a "visitor" identification badge at all times while on the premises.
(i) Proof of the required State license and commercial cannabis permit, and a copy of all requests/orders for deliveries being conducted, shall be carried at all times in all vehicles being used to make deliveries, and shall be immediately available upon request from law enforcement officers.
(j) Deliveries shall not be conducted between the hours of 11:00 p.m. and 7:00 a.m.

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

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store (c) Accessory Structures in Support of Commercial Cannabis Businesses may, at the City Manager’s or designee approval or conditional approval, be authorized. The ratio of 1:1 square footage (Accessory Structure vs Commercial Cannabis Business) shall not exceed 25,000 square feet. (Example: Commercial Cannabis Business with 25,000 square feet may be authorized to have up to 25,000 square feet of Accessory Structures). All Accessory Structures shall be affixed to concrete foundations and must conform to the California Building Code (CBC), California Electrical Code (CEC) and American Mechanical Code (AMC). Accessory structures shall meet the requirements of Section 8.029.05.080 Security Measures and must have exterior lights around all four sides or appropriate detached lighting as approved by the City. Accessory structure(s) may be less than the minimum square footage as established in 8.029.05.290 (b). Accessory Structures shall be screened from public view – design of screening shall be at the discretion of the City Manager or designee. Accessory Structures square footage shall be included as established by Section 8.029.05.290 Total Area Devoted to Commercial Cannabis Businesses.

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

Section 8.29.05.300 - Periodic Review by the City Council.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store Upon request of the City Manager, the City Attorney and the Chief of Police shall report to the City Council with findings on the operation of any commercial cannabis business permitted pursuant to this Chapter and a recommendation as to whether the business should be permitted to continue operating for the remaining period of its commercial cannabis permit (in addition to whatever other recommendations may be made) and whether the City should renew the permit upon application for renewal. Any termination or revocation of a permit based on such findings shall be in accordance with the provisions of this Chapter.

Section 8.29.05.310 - Promulgation of Regulations and Standards.

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

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

Section 8.29.05.330 - Unpaid Fees Deemed Debt to City.

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

Section 8.29.05.340 - Permit Holder Responsible for Violations.

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

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

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

4.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store foregoing, a business license may be granted for businesses permitted under this chapter, provided the applicant has complied with all provisions of this code and state law.

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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store

CITY OF ARVIN

NOTICE OF PUBLIC HEARING FOR CONSIDERATION OF AN

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

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

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

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

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

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

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

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Attachment: Att 2 - Public Hearing Notice Amending Title 8_CC Mtg of 050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Additional information on the proposed ordinance, including copies in hard copy or electronic format, may be obtained from the City Clerk’s office at Arvin City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s web site at www.arvin.org. All persons interested in this topic who would like to provide feedback or ask questions are invited to attend.

Written comments on this matter may be submitted to the City Clerk’s office until 4:00 p.m. on the date of this hearing. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to the public hearing. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].

Note: If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described in this notice, or in written correspondence delivered to the City at, or prior to, the Public Hearing (Govt. Code Sec. 65009).
/s/
Cecilia Vela, City Clerk
City of Arvin, California
Published: Bakersfield Californian, March 03, 2023

4.A.5
Attachment: Att 2 - Public Hearing Notice Amending Title 8_CC Mtg of 050923 (Public Hearing - Second Reading Ordinance Amending Title 8

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

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

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

TO: COUNTY CLERK
County of Kern,
1115 Truxtun Ave. 1st Floor,
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office, 661-854-0817 Fax
Project title: Code amendments to Title 8, Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit a Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis in Industrial, Agricultural, and Bear Mountain Boulevard Central Business District.

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

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

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

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

4.A.6
Attachment: Att 3 - Notice of Exemption - Store front Sales_050923 (Public Hearing - Second Reading Ordinance Amending Title 8 Store Front Proposal for Operation and Contribution to Community Benefit Section 8.29.05.295 – Type 10 and 12 Store Front Sales be subject to preliminary approval by the City Manager:
(a) Limitation of Store Front Sales: No more than one Store Front Sales per 10,000 population or portion thereof will be permitted.
(b) Operation and Contribution to Community Benefit Application Required: Prior to the submittal of a Commercial Cannabis Application for a Store Front Sales, a Proposal for Operation and Contribution to Community shall be submitted to the City Manager. The City Manager may create application that outline minimum expectations of the proposed operator.
(c) Review Time of Application: Upon receipt of an application Proposal for Operation and Contribution to Community, the City Manager shall review within 60 days and may prepare an acceptance letter or prepare a counter proposal. (d) Competing Proposals and Applications: Should the City Manager receive more than one Proposal for Operation and Contribution to Community, the City Manager shall have the sole authority to select the most beneficial contribution to the City and operational effectiveness among the applications submitted.
(e) Required Acceptance Letter Prior to the Submittal of a Commercial Cannabis Application: The applicant must receive an acceptance letter from the City Manager of the Proposal for Operation and Contribution to Community Benefit, prior to the submittal of a Store Front Sales - Commercial Cannabis Permit Application. (f) Square Footage Required: The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet.

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

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

CITY OF ARVIN
Staff Report
Meeting Date: May 09, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR

AGENCY TO THE DISSOLVED ARVIN COMMUNITY REDEVELOPMENT

AGENCY DECLARING CERTAIN SUCCESSOR AGENCY-OWNED REAL

PROPERTIES TO BE EXEMPT SURPLUS LAND AND CERTAIN OTHER

SUCCESSOR AGENCY-OWNED PROPERTIES TO BE SURPLUS LAND AND

DIRECTING THE EXECUTIVE DIRECTOR TO FOLLOW THE PROCEDURES

SET FORTH IN THE SURPLUS LAND ACT FOR THE SALE OF SUCH

PROPERTIES
BACKGROUND:

The Board of Directors of the Successor Agency to the dissolved Arvin Community Redevelopment Agency (SA) has determined that selling off surplus lands held by the SA to potential developers will benefit the City of Arvin by the opportunity to re-purpose the land for economic development purposes.

In order to proceed with this process, several steps need to be taken. Attached to this report is a memorandum from City Attorney Hodges to City Manager Jones which describes in detail the various actions the SA will need to perform in order to sell the land. Approval of this resolution is the first step in this process.

It is anticipated that the existing agreement with Kosmont Realty regarding the management of selling of surplus properties will be amended to include the parcels listed in the report and resolution.

STAFF RECOMMENDATION:

Staff recommends approval of the resolution.

FINANCIAL IMPACT:

Minimal. The cost of staff time needed to implement the surplus land process is included in the Administrative Overhead budget of the SA. Consultant costs are also included in that budget.

ATTACHMENTS:
1 - Memorandum from City Attorney Hodges to City Manager Jones (from June 2021) regarding surplus land sale process
A – List of Successor Agency-Owned real properties to be declared as surplus.

B – Map and additional details on real properties to be declared as surplus.

5.A.1
Attachment: Staff Report Successor Agency Declaring Certain Properties as Surplus Land_050923 (Approval to Declare Surplus Land - May Reso Successor Agency – Declaring Surplus Land May 2023

Page 1 of 4 ends

RESOLUTION NO. _________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

SUCCESSOR AGENCY TO THE DISSOLVED ARVIN COMMUNITY

REDEVELOPMENT AGENCY DECLARING CERTAIN SUCCESSOR

AGENCY-OWNED REAL PROPERTIES TO BE EXEMPT SURPLUS

LAND AND CERTAIN OTHER SUCCESSOR AGENCY-OWNED

PROPERTIES TO BE SURPLUS LAND AND DIRECTING THE

EXECUTIVE DIRECTOR TO FOLLOW THE PROCEDURES SET

FORTH IN THE SURPLUS LAND ACT FOR THE SALE OF SUCH

PROPERTIES
WHEREAS, under the Surplus Land Act, Government Code section 54220 et seq., as amended on January 1, 2020 (the “Act”), surplus land is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and WHEREAS, under the Act, real property owned by a local agency, must be declared as “surplus land” or “exempt surplus land” as supported by written findings prior to the local agency taking any action to dispose of it; and
WHEREAS, the Act authorizes the local agency to sell surplus real properties in the manner proscribed therein; and
WHEREAS, the Successor Agency To The Dissolved Arvin Community Redevelopment Agency (the “Successor Agency”) owns certain real properties identified in Exhibit A attached hereto, consisting of vacant and undeveloped land (the “Surplus Properties”), WHEREAS, there is no present or contemplated use for these properties and therefore, they are surplus to the needs of the Successor Agency as they are not intended to be used for any governmental purpose or operations; and
WHEREAS, the Successor Agency has determined it would be in the best interest of the Successor Agency to dispose of the Properties; and
WHEREAS, the Successor Agency now desires to declare the Surplus Properties as surplus land and the Exempt Properties as exempt surplus land under the Act and to offer and initiate the sale of such properties in accordance with the procedures under the Act.

NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency as follows:

Section 1. The Board of Directors finds the above recitals are true and correct and incorporated herein by this reference.

Section 2. The Board of Directors hereby finds and declares the Surplus Properties as surplus land under the Act, based on the written findings set forth below:

5.A.2
Attachment: Reso Successor Agency Declaring Certain Properties as Surplus Land_050923 (Approval to Declare Surplus Land - May 2023) Reso Successor Agency – Declaring Surplus Land May 2023

Page 2 of 4 ends

(a) The Surplus Properties have been determined to be no longer needed by the Successor Agency for any governmental purpose.
(b) The Successor Agency has no current or future plans to use the Surplus Properties for any agency/City work or operations or any other governmental purposes. (c) Therefore, the Surplus Properties are not necessary for the agency’s use and qualify as surplus land under the Act.

Section 3. The Board of Directors hereby authorizes and directs the Executive Director or his designee to send written notices of availability (“NOA”) and offer the Surplus Properties for sale to each of the public agencies and entities listed in Government Code section 54222, and to negotiate the terms of a proposed sale of the Surplus Properties with any such agency or entity that responds to the NOA, and to otherwise follow the procedures of the Act, as applicable to a proposed sale of the Surplus Property.

Section 4. In the event that none of the public agencies or entities listed in Government Code section 54222 offer to purchase one or more of the Properties, or if the Successor Agency and a public agency or entity listed in Government Code section 54222 does not reach an agreement on the terms and conditions of purchase/sale, the Successor Agency intends to offer the Properties for sale to the general public in compliance with the requirements and procedures under the Act.

Section 5. Any proposed agreement(s) for the sale of the Surplus Properties or Exempt Properties shall ultimately be subject to the approval of the Board of Directors.

Section 6. The disposal of the Surplus Properties and Exempt Properties is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulation, Title 14, section 15312. However, if development was proposed on such properties by a subsequent buyer, then that development would be reviewed under CEQA.

Section 7. This resolution shall be effective on upon its adoption. The Agency Secretary shall certify the adoption of this Resolution. //////
//////
//////
//////
//////
//////
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5.A.2
Attachment: Reso Successor Agency Declaring Certain Properties as Surplus Land_050923 (Approval to Declare Surplus Land - May 2023) Reso Successor Agency – Declaring Surplus Land May 2023

Page 3 of 4 ends

The foregoing resolution was passed and adopted by the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency at a regular meeting thereof held on the 09th day of May 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, Agency Secretary

BOARD OF DIRECTORS OF THE SUCCESSOR

AGENCY TO THE DISSOLVED ARVIN COMMUNITY

REDEVELOPMENT AGENCY
By:

OLIVIA TRUJILLO, Chair
APPROVED AS TO FORM:

By:

NATHAN HODGES, Successor Agency Counsel
Hodges Law Group
I, ______________________________, Secretary to the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency on the date and by the vote indicated herein.

5.A.2
Attachment: Reso Successor Agency Declaring Certain Properties as Surplus Land_050923 (Approval to Declare Surplus Land - May 2023) Reso Successor Agency – Declaring Surplus Land May 2023

Page 4 of 4 ends

EXHIBIT A
Successor Agency-Owned Real Properties to be Declared as Surplus APN Comments Size
190-130-20 0.20 Acres, zoned as R-2 8,750 SF
190-130-21 0.60 Acres, zoned as R-2 26,250 SF
190-130-22 0.20 Acres, zoned as R-2 8,750 SF

5.A.2
Attachment: Reso Successor Agency Declaring Certain Properties as Surplus Land_050923 (Approval to Declare Surplus Land - May 2023)

5.A.3
Attachment: Exhibit A_2023 suplus lands list_Successor Agency_050923 (Approval to Declare Surplus Land - May 2023)

PROPOSED SURPLUS LAND ACTION
– MAY 09, 2023
1) APN 190130-22 0.20 Acres Zoned R-2 2014 Appraisal at $20,125 2) APN 190-130-21 0.60 Acres Zoned R-2 2014 Appraisal at $52,500 3) APN 190-130-20 0.20 Acres Zoned R-2 2014 Appraisal at $20,125 123

5.A.4
Attachment: 2023 surplus land map and info_050923 (Approval to Declare Surplus Land - May 2023)

ATTORNEYS AT LAW
Nathan M. Hodges 1925 G Street Phone: (661) 316-7888
Kelly A. Francisco* Bakersfield, CA 93301 Fax: (661) 316-7890 Website: www.hodges-lawgroup.com Emails: [email protected] *Of Counsel [email protected]
Hodges Law Group
Attorneys at Law
1925 G Street,
Bakersfield, CA 93301
(661) 316-7888
H
L
G
July 6, 2021
Jeff Jones VIA EMAIL
City of Arvin
200 Campus Drive
Arvin, CA 93203
Re: Surplus Land Act Summary
Jeff:

This memorandum is written in response to the email I received from you concerning the Surplus Land Act. I wanted to provide you with more than was previously provided so you can better understand the law and how it applies to the City.

The Surplus Land Act (Government Code Sections 54220-54234) (the “Act”) prescribes requirements for the disposal of surplus land by local agencies. The Act was amended by Assembly Bill (“AB”) 1486, effective January 1, 2020.1 AB 1486 made a number of significant changes to the Act, including adding Section 54230.5.2 This section gives the Department of Housing and Community Development (“HCD”) oversight over the implementation of the Act.

Section 54230.5 required HCD to adopt implementing guidelines. HCD released draft guidelines in November 2020, and final guidelines in April 2021.

This letter focuses on provisions of the final Surplus Land Act Guidelines (“Guidelines”) that interpret or expand the Act as opposed to simply paraphrasing or summarizing provisions of the Act. This letter summarizes various provisions of the Act, but does not provide a comprehensive overview of the Act or the Guidelines. I would be happy to provide additional information regarding the Act and the Guidelines, analyze proposed dispositions regarding the applicability of the Act, and provide guidance regarding how to comply with the Act and the Guidelines if Council so directs.
1 In addition, AB 1255, effective January 1, 2020, amended Gov. Code § 54230 with respect to requirements related to the preparation of annual central inventories of surplus land, which this letter does not address. 2 Gov. Code § 54230.5 became effective on January 1, 2021.

5.A.5
Attachment: Memo from City Attorney re surplus lands (Approval to Declare Surplus Land - May 2023) Jeff Jones
City of Arvin
May 4, 2023

Page 2 ends

I. Brief Summary of the Act
The Act is applicable to “local agencies”, which include cities, counties, cities and counties, districts, joint powers authorities, successor agencies to dissolved redevelopment agencies, housing authorities, and other political subdivisions that are empowered to acquire and hold property.3 Before taking action to dispose of land, the Act requires the governing body of a local agency to take formal action in a regular public meeting to declare the land “surplus land” or “exempt surplus land”, with written findings in support of the declaration.4 The Act defines “surplus land” as land that is owned by a local agency in fee simple that is not necessary for the agency’s use. Generally, “agency’s use” includes land that is being used or is planned to be used pursuant to a written plan adopted by the local agency’s governing board for agency work or operations, while excluding commercial or industrial uses or activities and property disposed of for the sole purpose of investment or generation of revenue.5 The Act defines “exempt surplus land” as land that fits into one of the limited categories set forth in the Act (e.g., surplus land that a local agency is exchanging for another property necessary for the agency’s use).6 The Act was amended after the passage of AB 1486 to include an additional exemption for surplus land that a city transfers to a developer for an affordable housing development pursuant to Government Code Section 37364.7 The Act does not apply to the disposition of exempt surplus land.8
Before disposing of surplus land or engaging in negotiations to dispose of the land, a local agency must send out a notice of availability (“NOA”), by email or certified mail, to entities designated in the Act (including, for example, housing sponsors for the purposes of developing low- and moderate-income housing) and engage in good faith negotiations with any entities that respond. This process is subject to various requirements and must follow a specified timeline, and the Act prohibits a local agency from imposing certain terms on the sale or lease of surplus land (e.g., reducing the maximum lot coverage below that allowed by zoning or general plan requirements).9 In addition, the surplus land will be subject to certain affordable housing requirements pursuant to a recorded covenant whether or not the land is sold or leased for a housing development.10
Prior to agreeing to a price and terms for the disposition of surplus land, a local agency must provide HCD with specified information regarding the disposition process, including a description of the NOA sent, negotiations conducted with any responding entities, and any 3 Gov. Code § 54221(a)(1).
4 Gov. Code § 54221(b)(1).
5 Gov. Code §§ 54221(b)(1) and (c)(1). Also see Gov. Code §§ 54221(c)(2)(B) and 54221(f)(1)(J) for provisions that apply to districts.
6 Gov. Code § 54221(f)(1).
7 Gov. Code § 54221(f)(1)(A), as amended by Senate Bill 1030. 8 Gov. Code § 54222.3.
9 Gov. Code §§ 54222, 54222.5 and 54223.
10 Gov. Code §§ 54222.5, 54233 and 54233.5 (applicable to districts).

5.A.5
Attachment: Memo from City Attorney re surplus lands (Approval to Declare Surplus Land - May 2023) Jeff Jones
City of Arvin
May 4, 2023

Page 3 ends

restrictions to be recorded against the property.11 HCD will determine if the local agency has complied with the Act and will impose a monetary penalty against the local agency if it disposes of land in violation of the Act. This reporting and review process is subject to various requirements and must follow a specified timeline.12
II. The Guidelines
The Guidelines are intended to implement, interpret, and make specific the text of the Act.13 The Guidelines consist of five articles and several appendices as follows:
- Article I: Summarizes the purpose and scope of the Act, defines key terms, and addresses exempt surplus land.
- Article II: Describes the mechanisms for a local agency to identify and dispose of surplus land and the applicable requirements when the NOA process does not result in a sale or lease.
- Article III: Identifies the affordable housing requirements for surplus land disposed of pursuant to the NOA process.
- Article IV: Summarizes the requirements for a local agency to report specified information to HCD prior to disposing of surplus land or exempt surplus land. - Article V: Explains HCD’s obligation to monitor compliance by local agencies with the Act and the authority of HCD to levy monetary penalties against local agencies that dispose of land in violation of the Act. The appendices, which may be updated from time to time, provide template forms for use by local agencies.

A. Article I: Program Overview and Definitions
i. Exempt Leases
The Act does not define what it means to dispose of land. The Guidelines define a disposition to include a lease, except if (1) no development or demolition will occur on the leased land or (2) the lease has a term of less than five years (including any extensions, amendments or options).

However, under the Guidelines, a lease includes an enforceable option to lease, which is a contract that allows, but does not require, an entity to lease surplus land from a local agency at a specified rate for a specified term, or within a reasonable time in the future.14 The Guidelines encourage local agencies to seek guidance from HCD by email if they are not sure whether a lease is a disposition under the Act. The Guidelines do not spell out exactly 11 Gov. Code § 54230.5(b)(1).
12 Gov. Code §§ 54230.5(b)(1) and (b)(2).
13 The Final Surplus Land Act Guidelines are available online at: https://www.hcd.ca.gov/communitydevelopment/docs/sla_guidelines_final.pdf 14 Guidelines § 102(h).

5.A.5
Attachment: Memo from City Attorney re surplus lands (Approval to Declare Surplus Land - May 2023) Jeff Jones
City of Arvin
May 4, 2023

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what process a local agency and HCD are to follow if a local agency determines that a lease is not a disposition. However, the Guidelines provide that any determination by a local agency that its surplus lands are exempt from the Act must be supported by written findings and must be provided to HCD pursuant to Article IV of the Guidelines.15
ii. Grandfathered Successor Agency Property
AB 1486 amended the Act to define a local agency to include a successor agency and to define surplus land to include successor agency property listed on a long range property management plan (“LRPMP”) for sale or future development unless the LRPMP identifies the purchaser.16 However, AB 1486 also added a “grandfather” provision which provides that these amendments do not apply to property if the successor agency (1) entered into an exclusive negotiating agreement (“ENA”) or legally binding agreement to dispose of the property by December 31, 2020, and (2) disposes of the property by December 31, 2022.17 A disposition that complies with the grandfather provision should not be subject to the Act, at all, because the Act did not apply to successor agencies prior to the passage of AB 1486 (nor did the pre-AB 1486 version of the Act contain reporting requirements).18 Nonetheless, although the Guidelines are somewhat ambiguous, HCD takes the position that a successor agency must substantiate that grandfathered property is exempt from the Act by providing documentation (e.g., the ENA) to HCD pursuant to Article IV of the Guidelines.19 iii. Transfer of Surplus Land to Another Agency
The Act defines exempt surplus land to include land a local agency transfers to another local, state or federal agency “for the agency’s use,” but does not specify for which agency’s use.20 The Guidelines specify that the transfer must be for the transferee agency’s use (reversing HCD’s position in the draft guidelines that the transfer be for the transferor agency’s use).21 ///
///
///
15 Guidelines § 103(c).
16 Gov. Code §§ 54221(a)(1) and (b)(2). Pursuant to the Redevelopment Dissolution Law, all of the non-housing property of former redevelopment agencies transferred to the successor agencies by operation of law. 17 Gov. Code § 54234(b). If litigation has been filed in connection with the disposition or development of the land, this date can be extended to a date that is six months following the final conclusion of the litigation. 18 The Act also contains a grandfather provision for the disposition of land pursuant to a qualifying ENA or legally binding agreement for all local agencies if the local agency entered into the agreement by September 30, 2019 and disposes of the land by December 31, 2022, but the disposal must still comply with the Act as it existed on December 31, 2019. See Gov. Code § 54234(a) and Guidelines § 103(b). 19 Guidelines §§ 103(b)(2) and 103(c).
20 Gov. Code § 54221(f)(1)(D).
21 Guidelines § 103(b)(3)(D).

5.A.5
Attachment: Memo from City Attorney re surplus lands (Approval to Declare Surplus Land - May 2023) Jeff Jones
City of Arvin
May 4, 2023

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B. Article II: Surplus Land
i. The NOA
The Act requires a local agency to send a written NOA to designated entities specified in the Act prior to disposing of the surplus land or engaging in negotiations to dispose of the land.22 The Guidelines specify that a local agency must declare the land to be surplus land before it sends the NOA, and that a NOA sent prematurely will not be deemed valid. The NOA must be in a form prescribed by HCD in Appendix A of the Guidelines. All responses to a NOA must be date and time stamped by the local agency as they are received.23 The Act provides that local agencies must send a NOA for the purpose of developing low and moderate income housing to “housing sponsors”(defined in Health and Safety Code Section 50074, which includes a requirement that they be certified by the California Housing Finance Agency (CalHFA)), that have notified HCD of their interest in surplus land.24 The Guidelines clarify that this means the NOA must be sent to housing sponsors who have notified HCD of their interest in surplus land that is in the county in which the surplus land is located or in all California counties. HCD maintains a list of interested housing sponsors on its website and updates the list frequently.25
ii. 60-Day Response Period and 90-Day Good Faith Negotiation Period The Act provides designated entities a 60-day period after a local agency sends a NOA in which to notify the local agency of their interest in purchasing or leasing the subject land.26 A local agency that receives one or more notices of interest must negotiate in good faith with the designated entity or entities for not less than 90 days.27 The Guidelines specify that the good faith negotiation period begins on the first day after the end of the 60-day notification of interest period (reversing HCD’s position in the draft guidelines that each responding entity would have its own negotiation period that commences when the entity and the local agency actually begin negotiations). The Guidelines contain a sample negotiation process timeline and specify that minor departures from the sample timeline do not constitute per se bad faith, and differences in the timeline may be justified with prior notice to HCD.28
22 Gov. Code § 54222. Participating in negotiations does not include commissioning an appraisal, due diligence, discussions with brokers or agents who are not representing a potential buyer, studies to determine value or the best use of the land, the issuance of a request for qualifications, development of marketing materials, or discussions exclusively among local agency employees and officials. See Gov. Code § 54222(f). 23 Guidelines § 201(a).
24 Gov. Code § 54222(a)(1).
25 See Guidelines § 201 (a)(1)(B). HCD’s surplus land website is available here:
https://www.hcd.ca.gov/community-development/public-lands-for-affordable-housing-development.shtml. 26 Gov. Code § 54222(e).
27 Gov. Code § 54223(a).
28 Guidelines §§ 202(a)(1)(B) and (F).

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Attachment: Memo from City Attorney re surplus lands (Approval to Declare Surplus Land - May 2023) Jeff Jones
City of Arvin
May 4, 2023

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iii. Requests for Proposals
The Guidelines provide that a local agency may not issue a request for proposals on surplus land less than 60 days from the date it sends a NOA for the land to the designated entities.

However, if the local agency receives a notice of interest in response to the NOA, the local agency may not issue a RFP until after the end of the 90-day good faith negotiation period.29 iv. Partial Lease or Sale
The Act does not address the sale or lease of only a portion of surplus land. The Guidelines provide that a local agency may agree to lease or sell part of the surplus land described in a NOA if the remaining parcel or parcels are disposed of as surplus land or exempt surplus land. The local agency must include a written justification for accepting a lease or sale of part of the surplus land with its report to HCD made pursuant to Article IV of the Guidelines.30 v. Withdrawal of a NOA
The Act does not address the withdrawal of a NOA after it has been sent by a local agency.

The Guidelines provide that a local agency may withdraw its NOA if the local agency (1) has not received any notices of interest, and (2) sends a written notice of withdrawal to all housing sponsors, local public entities, HCD, and any other developers to which the local agency sent the NOA.31
vi. Reasonable Conditions or Restrictions Required by a Local Agency The Guidelines provide that a local agency may include in a NOA reasonable conditions or restrictions on the surplus land with prior HCD review, without discussing what HCD will deem to be reasonable. The Guidelines further provide that if it appears that the parties cannot resolve issues that would preclude a disposition within the 90-day good faith negotiation period, the parties may discuss the issues with HCD.32
vii. Grounds for Local Agency to Reject an Offer
If a local agency receives multiple notices of interest in response to its NOA, the Act requires the local agency to give certain priorities to the responding entities in accordance with specified parameters.33 The Guidelines set forth grounds for a local agency to reject an offer received from an interested entity in response to its NOA including when the local agency gives priority to a competing offer that includes a greater number of affordable units, or in the case of a tie in the number of affordable units, the lowest average level of affordability consistent with the Act. Other grounds for rejection set forth in the Guidelines include: (1) when the local agency and buyer/lessee cannot agree on sales price or lease terms; or (2) the interested entity is not responsive 29 Guidelines § 202(a)(1)(A).
30 Guidelines § 202(a)(2)(D)(ii).
31 Guidelines § 202(a)(2)(D)(iii).
32 Guidelines § 202(a)(2)(D)(iv).
33 Gov. Code § 54227.

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City of Arvin
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to the local agency’s conditions or restrictions in the NOA (provided HCD reviewed the conditions or restrictions).34
In my view the Act does not override a local agency’s discretion to accept or reject an offer to buy or lease the local agency’s land. Therefore, it is unclear what position HCD will take if a local agency does not select the entity with the highest priority or rejects an offer on other grounds.

It should be noted that there could be numerous grounds for a local agency to reject an offer, such as the purchaser’s inexperience in developing affordable housing or the purchaser’s unwillingness to pay fair market value for the land.35
viii. Requirements if Negotiations End with No Sale or Lease of Surplus Land
The Act provides that if (1) a local agency does not agree to price and terms with any entity to which the NOA was sent, or (2) no entity to which the NOA was sent responds to the NOA, the local agency may dispose of the land outside of the Act. However, if ten or more residential units are developed on the parcel, not less than 15% of the total number of residential units developed on the parcel shall be sold or rented as affordable housing. An affordability covenant or restriction (“covenant”) must be recorded against the land.36
The local agency must provide the covenant to HCD when it reports to HCD pursuant to Article IV of the Guidelines. The Guidelines are somewhat ambiguous, but it appears that HCD will accept a copy of the covenant to be recorded against the property and not require the local agency to submit a recorded covenant in order to trigger the start of HCD’s 30-day review period pursuant to Article V of the Guidelines.37
The Guidelines contain a sample covenant in Appendix C. The covenant is designed to be executed by the local agency and recorded while the local agency is still the owner of the property.

C. Article III: Requirements to be Placed on Surplus Land for Affordable Housing
The Act provides that an entity which proposes to use surplus land for affordable housing must agree to make at least 25% of the total number of units developed on the parcel affordable pursuant to a covenant recorded against the land.38
The local agency must provide the covenant to HCD when it reports to HCD pursuant to Article IV of the Guidelines.39 As noted above, the Guidelines are somewhat ambiguous, but it appears that HCD will accept a copy of the covenant and not require the local agency to submit a 34 Guidelines § 202(b)(4).
35 The Act does not prevent a local agency from obtaining fair market value for the disposition of surplus land. See Gov. Code §§ 54221(b)(3) and 54226.
36 Gov. Code § 54233. Also see Gov. Code § 54223.5 with respect to local agencies that are districts. 37 Guidelines § 202(c)(1). Also see Guidelines § 202(c)(2) with respect to local agencies that are districts. 38 Gov. Code § 54222.5.
39 Guidelines Section 300.

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recorded covenant in order to trigger the start of HCD’s 30-day review period pursuant to Article V of the Guidelines. In any event, as a practical matter, a covenant typically would not be recorded until the closing.

D. Article IV: Local Agency Reporting Requirements
i. Reporting requirements for surplus land
The Guidelines provide that following the end of the 90-day good faith negotiation period (or the end of the 60-day notification period if no entities respond to the local agency’s NOA), and prior to finalizing any agreement or disposing of surplus land, the local agency must provide HCD a disposition summary, using the Description of Disposition Form in Appendix B to the Guidelines. The summary must include (1) a description of the NOAs that were sent, (2) a description of the negotiations the local agency conducted with any responding entities (including non-solicited expressions of interest), (3) a copy of any covenants to be recorded against the property, and (4) an explanation of why the local agency proposes to dispose of the surplus land to an entity that does not have priority under the Act, if applicable.40 ii. Reporting requirements for Exempt Surplus Land
The Guidelines provide that if a local agency determines that property is exempt from the Act, the local agency must provide its written determination, together with finding in support, to HCD at least 30 days prior to the disposition. The Guidelines provide that HCD will generally consider documentation to be sufficient if it includes a copy of a resolution declaring the property exempt surplus land and containing written findings in support. HCD encourages local agencies to notify HCD by email prior to adoption of the resolution in order to clarify whether land should be declared surplus land or exempt surplus land.41
E. Article V: HCD Performance Monitoring and Penalties
HCD will review the information submitted by local agencies pursuant to Article IV of the Guidelines and make findings on whether the local agency’s proposed sale or lease will violate the Act. HCD must provide written findings to the local agency within 30 days after the local agency submits all required information to HCD. A local agency will have at least 60 days to either correct identified issues or provide written findings to HCD explaining why the proposed disposition complies with the Act before HCD takes any additional action. If the local agency fails to do either, or HCD determines that the local agency’s findings are deficient, HCD will notify the local agency that that the local agency is in violation of the Act (and may also notify the Attorney General). HCD may seek to enforce the Act and pursue remedies, including an injunction. A local agency that violates the Act will be subject to monetary penalties levied by HCD (subject to the local agency winning an appeal filed with HCD’s Director). However, the failure of a local 40 Guidelines §§ 400 (b) and (c).
41 Guidelines § 400(e).

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City of Arvin
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agency to comply with the Act will not invalidate the transfer or conveyance of the land to a purchaser or encumbrancer for value.42
I understand the above is a lot to digest. However, it is important because as of April 1, 2021, the City was required to create an inventory of all City surplus land and provide a report to HCD. Please let me know if you have any questions or concerns.

Very truly yours,
/s/ Nathan M. Hodges /s/
Nathan M. Hodges
42 Gov. Code § 54230.6.

5.A.5
Attachment: Memo from City Attorney re surplus lands (Approval to Declare Surplus Land - May 2023) America Rescue Plan Budget - $5,227,224
original budget prepared 7/13/21 by J. Jones SPEND TO DATE BY FY expenses updated to 4/30/23 Budget FY 22 FY 23 Re-allocate Spent to date Pay down Fire Contract to FY 22 level
in FY 23-24-25 $622,000 - 78,000 - 78,000
Streets and Roads (or equipment) $1,500,000 - -
Park + Vet's Hall improvements and Repairs $1,100,000 368,278 111,143 479,421 Police/City Hall/Comm Dev refurbish $200,000 64,866 146,952 211,818 Employee Retention Plan $800,000 55,149 56,545 111,694
Wastewater Treatment Plant $505,224 - (258,000) -
Partial funding - 9 PD vehicles $0 258,000
Economic Development $500,000 - 142,500 142,500
Total $5,227,224 $488,293 $535,140 $0 $1,023,433

6.A.1
Attachment: ARPA 5.23 update (ARPA Spending Update - April 2023) Committed Remaining
544,000 -
- 1,500,000
18,000 602,579
- (11,818)
688,306 -
- 247,224
258,000 -
15,000 342,500
$1,523,306 $2,680,485

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Attachment: ARPA 5.23 update (ARPA Spending Update - April 2023)

Arvin City CouncilMay 9, 2023

Arvin City Council
May 9, 2023