Agenda — Arvin City Council, July 25, 2023 (part 1 of 2)

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY JULY 25, 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. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.

In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular 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 – July 25, 2023

Page 1 of 4 ends

1. APPROVAL OF AGENDA AS TO FORM.

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

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

3. PRESENTATION(S)
A. Swearing In of New Police Officers Josue Gonzalez Juarez, Genaro Rubio, and Kaiser Samin.

Cecilia Vela, City Clerk
B. Employee Appreciation - Officer Adam Calderon
Mayor & City Council

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of July 08, 2023 – July 21, 2023.

B. Approval of Payroll Register(s) of July 07, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of July 11, 2023.

D. Approval of A Resolution of the City Council of the City of Arvin Repealing and Rescinding Resolution No. 2023-32 to Include Necessary Excerpts Required for the Application to the California Department of Housing and Community Development (HCD) and Participation in the Prohousing Designation Program.

E. Approval of Purchase of Five (5) Additional Body Worn Cameras, Hardware, and Software Licenses from Axon Enterprise, Inc. for Arvin Police Department.

F. Approval of A Proclamation Proclaiming August 7, 2023 as Rita Corral Day in the City of Arvin in Recognition of Her Hard Work and Dedication to the City of Arvin Transportation Department and Arvin Community Members.

G. A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Apply for Mills-Alquist-Deddeh (TDA) Act Funds.

H. Approval to Rescind and Replace the Memorandum of Understanding (MOU) for the Keeping It Green in the San Joaquin Project Transformative Climate Arvin City Council Meeting Agenda – July 25, 2023

Page 2 of 4 ends

Communities Collaborative Stakeholder Structure.

I. Approval of Modification to Clerical Error for Acreage Provided on the Emergency Improvement Capital Account Credit Agreement between City of Arvin and Quantum Farms, LLC (Agreement No. 2023-13) Previously Approved by the Arvin City Council on June 27, 2023.

Staff recommends approval of the Consent Agenda.

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

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider and Approve A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2023-24 for Landscaping and Lighting Maintenance District No. 1. (City Manager)
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, and approve the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. A Public Hearing to Consider Approving A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2023-24 for Landscaping and Lighting Maintenance District No. 2. (City Manager)
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, and approve the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ C. A Public Hearing to Consider Second Reading and Adoption of An Ordinance of the City Council of the City of Arvin Adopting Code Amendments, CA No. 2023-03, to Title 17 Zoning to Amend Chapter 17.05 Uses Permitted Subject to Administrative Approval; Add Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit; Amend Chapter 17.10 R-2 Two-Family Dwelling Zone; Amend Chapter 17.12 R-3 Limited Multiple-Family Dwelling Zone; Amend Chapter 17.14 R-4 Multiple-Family Zone; Amend Chapter 17.60 Site Development Permits; Add Chapter 17.72 Multiple-Family Residential Arvin City Council Meeting Agenda – July 25, 2023

Page 3 of 4 ends

Design Review; and Accept CEQA Determination of A Mitigated Negative Declaration of the California Environmental Quality Act (CEQA). (City Planner)
Staff recommends the City Council approve the adoption of 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 ___

6. ACTION ITEM(S)
A. Approval of the Transportation Manager Employment Agreement. (HR Manager)
Staff recommends approval of the Transportation Manager Employment Agreement.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. Consideration and Approval of the Chief of Police Employment Agreement. (HR Manager)
Staff recommends approval of the Chief of Police Employment Agreement.

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

7. CITY MANAGER’S REPORT

8. COUNCIL MEMBER COMMENTS

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

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

Arvin City Council Meeting Agenda – July 25, 2023

Page 4 of 4 ends

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six 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 LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Juan Chavolla Gonzalez - AIMs File No. FR101384; RMA Claim No. 22016.

Against: City of Arvin

10. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated July 21, 2023.

Cecilia Vela, City Clerk
7/11/2023 3:57:10 PM Page 1 of 3
Payment Register
City of Arvin APPKT00444 - FOR AP 7/11/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1086
Vendor Number

KERN COUNTY CLERK
Total Vendor Amount
5,628.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/11/2023 2,814.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount CEQA ENVIROMENTAL FILIINGCEQA ENVIROMENTAL FILIING FISH 07/11/2023 07/11/2023 0.00 2,814.00 Check 07/11/2023 2,814.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount CEQA ENVIROMENTAL FILIING FISH CEQA ENVIROMENTAL FILIING FISH 07/10/2023 07/10/2023 0.00 2,814.00

4.A.1
Attachment: Demand Register(s) of July 08, 2023 - July 21, 2023 (Demand Register(s) of July 08, 2023 - July 21, 2023.) Payment Register APPKT00444 - FOR AP 7/11/2023
7/11/2023 3:57:10 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check22 0.00 5,628.00
Packet Totals:
22 0.00 5,628.00

4.A.1
Attachment: Demand Register(s) of July 08, 2023 - July 21, 2023 (Demand Register(s) of July 08, 2023 - July 21, 2023.) Payment Register APPKT00444 - FOR AP 7/11/2023
7/11/2023 3:57:10 PM Page 3 of 3
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -5,628.00
Packet Totals: -5,628.00

4.A.1
Attachment: Demand Register(s) of July 08, 2023 - July 21, 2023 (Demand Register(s) of July 08, 2023 - July 21, 2023.) 7/12/2023 3:14:36 PM Page 1 of 7
Payment Register
City of Arvin APPKT00446 - FOR AP 7/12/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
433.59
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 433.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X06282023 PW + COMM DEV + CH CELL PHONES 06.23.23-07.22.23 06/22/2023 06/22/2023 0.00 433.59 1172
Vendor Number

BAKERSFIELD ANIMAL HOSPITAL
Total Vendor Amount

61.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 61.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5370648746 EUTHANASIA GROUP CREMATION 05/19/2023 05/19/2023 0.00 61.00 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
994.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 994.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 215268 COA NOW HIRING BUS DRIVERS 06/26/2023 06/26/2023 0.00 994.60 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 07/12/2023 3,725.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4211 ARVIN LANDSCAPE & MAINT LLMD NO. 1 JUNE 2023 06/30/2023 06/30/2023 0.00 3,000.00 4212 ARVIN LANDSCAPE & MAINT LLMD NO. 2 JUNE 2023 06/30/2023 06/30/2023 0.00 725.00 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
1,476.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 1,476.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5193602-0609583 SUPPLEMENTAL INS JUNE 2023 07/12/2023 07/12/2023 0.00 1,476.54 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
12,532.07
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 9,190.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 33707 SECURECENTRIC + FIREWALL JULY 2023 07/01/2023 07/01/2023 0.00 7,914.34 33708MS MICROSOFT 365 FOR BUSINESS JULY 2023 07/01/2023 07/01/2023 0.00 1,275.90 Check 07/12/2023 3,341.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34420729 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS JULY 2023 07/12/2023 07/12/2023 0.00 3,341.83 1060
Vendor Number

DOLORES HUERTA FOUNDATION
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $450 VETS HALL REIMBURSEMENT OF $450 VETS HALL 07/06/2023 07/06/2023 0.00 450.00

ENTERPRISE FM TRUST
Total Vendor Amount
2,156.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 2,156.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FBN4790086 MONTHLY LEASE CHARGES 22 FORD F-15 07/06/2023 07/06/2023 0.00 2,156.50 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
360.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 360.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0186 ARVIN PD FLEET WASH 7/04/2023 07/04/2023 07/04/2023 0.00 360.00 1062
Vendor Number
FEDEX
Total Vendor Amount

39.05 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 39.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-185-84534 FINANCE DEPT. SERVICE 6/29/23 07/07/2023 07/07/2023 0.00 39.05 1100
Vendor Number

FERNANDO LOPEZ
Total Vendor Amount
140.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 140.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

07.11.23 INTERPRETER SERVICES 07/11/2023 07/11/2023 0.00 140.00 1609
Vendor Number

FREEDOM FOREVER LLC
Total Vendor Amount
431.69
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 431.69
Payable Number Description Payable Date Due Date Discount Amount Payable Amount CANCELLED PERMIT REFUND CANCELLED PERMIT REFUND 06/28/2023 06/28/2023 0.00 431.69 1070
Vendor Number

GENERAL OFFICE
Total Vendor Amount
549.11
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 549.11
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 21270 METER READING FOR ARVIN PD 7/1/23 07/01/2023 07/01/2023 0.00 78.00 21271 METER READING APD & COMM 7/1/23 07/01/2023 07/01/2023 0.00 471.11 1443
Vendor Number

KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK
Total Vendor Amount
3,287.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 3,287.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RECOVERY OF LAFCO FISCAL YEAR 2023-24 RECOVERY OF LAFCO FISCAL YEAR 2023-24 07/06/2023 07/06/2023 0.00 3,287.00 1086
Vendor Number

KERN COUNTY CLERK
Total Vendor Amount
100.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ADMIN FEE OF $50 ADMIN FEE OF $50 FOR CEQA FILING 07/11/2023 07/11/2023 0.00 50.00 Check 07/12/2023 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FEE OF $50 FOR CEQA FILING FEE OF $50 FOR CEQA FILING 07/11/2023 07/11/2023 0.00 50.00

KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount
743.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 743.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 150031 PARTS FOR GRASS HOPPER #3 & #4 06/20/2023 06/20/2023 0.00 743.30 1097
Vendor Number

LIEBERT CASSIDY WHITMORE
Total Vendor Amount
2,600.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 2,600.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 240132 CENTRAL VALLEY MEMBERSHIP 07.01.23-06.30.24 07/11/2023 07/11/2023 0.00 2,600.00 1168
Vendor Number
LOWES
Total Vendor Amount
421.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 421.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 88123791 TOOLS FOR PW SHOP 05/03/2023 05/03/2023 0.00 101.81 88352562 ADOBE COMPLEX AND VETS HALL 05/17/2023 05/17/2023 0.00 319.69 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
2,172.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 2,172.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14001251 UNIT 110 REPLACED FAULTY ALTERNATOR 06/16/2023 06/16/2023 0.00 2,172.36 1610
Vendor Number

MARAVILLA FOUNDATION
Total Vendor Amount
116.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 116.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount CANCELLED PERMIT REFUND CANCELLED PERMIT REFUND 06/28/2023 06/28/2023 0.00 116.96 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 214.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 712869 BIN RENT AND 4 YD ROLL OFF 07/1/23 07/01/2023 07/01/2023 0.00 214.18 1163
Vendor Number

PRO AIR
Total Vendor Amount
1,076.53
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 1,076.53
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 19411 MAIN ADOBE OFFICE BUILDING 06/22/2023 06/22/2023 0.00 1,076.53 1552
Vendor Number

RANDY MICHAEL LOPEZ
Total Vendor Amount
437.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 437.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 727944 SMOTHERMON PARK 3 FLOOR DRAINS 03/13/2023 03/13/2023 0.00 437.50

ROBERT HALF
Total Vendor Amount
2,457.84
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 2,457.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62215053 WEEK ENDING 6/23/23 JAZMIN C. 06/28/2023 06/28/2023 0.00 1,293.60 62226686 WEEK ENDED 6/30/23 JAZMIN C. 07/03/2023 07/03/2023 0.00 1,164.24 1613
Vendor Number

SAUL GARZA
Total Vendor Amount
370.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 370.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $370 REIMBURSEMENT OF $370 07/06/2023 07/06/2023 0.00 370.00 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
168.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 168.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 05.24.23-06.23.23 SERVICES 05.24.23-06.23.23 06/27/2023 06/27/2023 0.00 168.94 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,874.85
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 1,874.85
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES JUNE 2023UNIFORM SERVICES JUNE 2023 07/06/2023 07/06/2023 0.00 1,874.85 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 168251101062123 PUBLIC WORKS SVC 06.29.23-07.28.23 06/21/2023 06/21/2023 0.00 108.99 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 818212 ARVIN ADOBE COMPLEX FIRE MONITORING JULY 2023 07/01/2023 07/01/2023 0.00 55.00 1380
Vendor Number

THE TOLL ROADS VIOLATION DEPT
Total Vendor Amount

7.51 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 7.51
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 655313957 LICENSE PLATE # 1406169 07/03/2023 07/03/2023 0.00 7.51 1133
Vendor Number

TYLER TECHNOLOGIES INC
Total Vendor Amount
33,662.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 33,662.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025-422320 INCODE ANNUAL SUBSCRIPTION YR 3 08.01.23-07.31.24 07/02/2023 07/02/2023 0.00 33,662.00

4.A.1
Attachment: Demand Register(s) of July 08, 2023 - July 21, 2023 (Demand Register(s) of July 08, 2023 - July 21, 2023.) Payment Register APPKT00446 - FOR AP 7/12/2023
7/12/2023 3:14:36 PM Page 5 of 7
1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 576.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9938357646 TRANSIT SVCS 05.29.23-06.28.23 06/28/2023 06/28/2023 0.00 576.30 1210
Vendor Number

WAGEWORKS INC
Total Vendor Amount

79.52 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 79.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0623-TR39927 C2791 MNTHLY COMPLIANCE FEE COBRA JUNE 2023 06/30/2023 06/30/2023 0.00 79.52 Bank: PY - Payroll Vendor Payables
1003
Vendor Number
AFLAC
Total Vendor Amount

40.98 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 40.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000784 AFLAC 07/07/2023 07/07/2023 0.00 40.98
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 750.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000786 APOA Dues 07/07/2023 07/07/2023 0.00 750.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
956.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 956.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000787 SEIU Dues 07/07/2023 07/07/2023 0.00 48.88
INV0000788 SEIU Dues 07/07/2023 07/07/2023 0.00 907.52
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/12/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000790 ALEX GHAZARIAN 07/07/2023 08/15/2023 0.00 300.00

4.A.1
Attachment: Demand Register(s) of July 08, 2023 - July 21, 2023 (Demand Register(s) of July 08, 2023 - July 21, 2023.) Payment Register APPKT00446 - FOR AP 7/12/2023
7/12/2023 3:14:36 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 40 35 0.00 73,879.43
Packet Totals: 40 35 0.00 73,879.43
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check54 0.00 2,047.38
Packet Totals:
54 0.00 2,047.38

4.A.1
Attachment: Demand Register(s) of July 08, 2023 - July 21, 2023 (Demand Register(s) of July 08, 2023 - July 21, 2023.) 7/20/2023 4:18:10 PM Page 1 of 7
Payment Register
City of Arvin APPKT00451 - FOR AP 7/20/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1228
Vendor Number

ALL AMERICAN UNIFORMS
Total Vendor Amount
122.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 122.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 114 FOR EMPLOYEE AARON T. , ADRIAN H. 06/22/2023 06/22/2023 0.00 122.15 1008
Vendor Number

AMERICAS BEST PLUMBING
Total Vendor Amount
4,200.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 4,200.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4981 SMOTHERMON PARK - SPRAY PARK REPAIRS 06/19/2023 06/19/2023 0.00 4,200.00 1183
Vendor Number

BRET BARKER
Total Vendor Amount
2,618.67
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 2,618.67
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT FOR K9 HANDLER TRAINING REIMBURSEMENT FOR K9 HANDLER TRAINING 07/12/2023 07/12/2023 0.00 2,618.67 1614
Vendor Number
CAROLLO ENGINEERS, INC.

Total Vendor Amount
9,120.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 9,120.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FB37090 FUNDING AND PERMITTING ASSISTANCE MAY 2023 06/06/2023 06/06/2023 0.00 9,120.25 1039
Vendor Number

CARTWRIGHT WHEEL & BRAKE SERVICE
Total Vendor Amount
208.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 208.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 43460 UNIT #283 BALANCE TWO NEW TIRES 03/25/2023 03/25/2023 0.00 208.00 1619
Vendor Number

CITY CLERK'S ASSOCIATION OF CALIFORNIA
Total Vendor Amount
250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 300002391 CITY CLERK MEMBERSHIP 07/17/2023 07/17/2023 0.00 250.00 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
420.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 420.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1115577 LTR 450 DISPATCH PW JULY 2023 07/05/2023 07/05/2023 0.00 240.00 1115578 LTR 450 DISPATCH TRANSIT JULY 2023 07/05/2023 07/05/2023 0.00 180.00

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

2.70 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 2.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 489188 FOR CITY MANAGER FAN 07/10/2023 07/10/2023 0.00 2.70 1051
Vendor Number

COUNTY OF KERN ENVIRONMENTAL HEALTH SVCS DIV
Total Vendor Amount
1,345.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 1,345.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount IN0478762 BUS PLAN SMALL LOW RISK 1 UNIT 06/09/2023 06/09/2023 0.00 340.00 IN0480475 JAIL/ INSTITUTION 06/09/2023 06/09/2023 0.00 560.00 IN0481400 PERMIT SMOTHERMON SPRAY PARK 06/09/2023 06/09/2023 0.00 445.00 1616
Vendor Number

DEBRA RAMIREZ
Total Vendor Amount
600.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 600.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $600 REIMBURSEMENT OF $600 VETS HALL CANCELLATION 07/17/2023 07/17/2023 0.00 600.00 1058
Vendor Number

DEPARTMENT OF JUSTICE
Total Vendor Amount
249.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 249.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 665147 FINGERPRINT SVCS JUNE 2023 06/30/2023 06/30/2023 0.00 249.00 1264
Vendor Number

EDWIN JIMENEZ
Total Vendor Amount
2,250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 2,250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7/24 - 9/1/2023 TRAINING 7/24 - 9/1/2023 TRAINING K9 HANDLER 07/02/2023 07/02/2023 0.00 2,250.00 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
400.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 400.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0187 ARVIN PD FLEET WASH 7/12/23 07/12/2023 07/12/2023 0.00 400.00 1078
Vendor Number

INDEPENDENT FIRE & SAFETY INC
Total Vendor Amount
232.52
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 232.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 61694 5LB RECHARGE FIRE EXTG 06/29/2023 06/29/2023 0.00 232.52 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
7,065.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 7,065.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE 10 INVOICE 10 07/01/2023 07/15/2023 0.00 7,065.00

JAS PACIFIC
Total Vendor Amount
3,075.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 3,075.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PC 6685 PLANNING SVCS JUNE 2023 07/06/2023 07/06/2023 0.00 3,075.00 1617
Vendor Number
JBK,INC.

Total Vendor Amount

87.63 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 87.63
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 149129 COL R TAB 11000 LABEL NUMBER 0 05/04/2023 05/04/2023 0.00 87.63 1232
Vendor Number

JEFFREY B KELLEY
Total Vendor Amount

92.58 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 92.58
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3738 TRANSIT - KEYS 07/11/2023 07/11/2023 0.00 92.58
1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
176.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 176.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8295 UNIT 270 DIAGNOSTIC RIGHT REAR WINDOW 07/14/2023 07/14/2023 0.00 120.00 8296 UNIT 270 LIFT SUPPORT 07/14/2023 07/14/2023 0.00 56.42 1086
Vendor Number

KERN COUNTY CLERK
Total Vendor Amount
100.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount $50 FOR CEQA $50 FOR CEQA FILING 07/17/2023 07/17/2023 0.00 50.00 Check 07/20/2023 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount $50 FOR FILING $50 FOR FILING NOTICE OF EXEMPTION 07/19/2023 07/19/2023 0.00 50.00 1620
Vendor Number

MICHAEL BROCKMAN - VELAZQUEZ
Total Vendor Amount
1,200.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 1,200.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #001 CIVIC SPARKER - AUGUST 2023 RENT EXPENSE 07/19/2023 07/19/2023 0.00 1,200.00 1615
Vendor Number

NVA STIERN VETERINARY MANAGEMENT
Total Vendor Amount
294.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 294.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 333755 DUUK VACCINES 06/06/2023 06/06/2023 0.00 294.50
1163
Vendor Number

PRO AIR
Total Vendor Amount
365.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 365.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 19417 CONDENSING UNIT NOT COOLING ENOUGH 06/27/2023 06/27/2023 0.00 365.00

PURCHASE POWER
Total Vendor Amount
560.92
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 560.92
Payable Number Description Payable Date Due Date Discount Amount Payable Amount METER ADD 07.11.2023 METER ADD 07.11.2023 07/11/2023 07/11/2023 0.00 560.92 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
695.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 695.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62256122 WEEK ENDING 07/07/2023 JAZMIN C. 07/10/2023 07/10/2023 0.00 695.31 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount
179.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 179.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1765 QMA MALE CRIMP CONNECTOR FOR ANTENNA 06/26/2023 06/26/2023 0.00 179.18 1510
Vendor Number
STOMMEL INC.

Total Vendor Amount
3,221.58
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 3,221.58
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SI85141 UNIT 294 GENI LOCK HANDCUFF KEY 03/21/2023 03/21/2023 0.00 960.65 SI85746 T-SERIES LINEAR LED DUO MOUNTED ON TAILGATE 03/31/2023 03/31/2023 0.00 2,260.93 1444
Vendor Number

THE CALIFORNIA ACADEMY FOR ECONOMIC DEVELOPMENT
Total Vendor Amount
1,300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 1,300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount A111 ECONOMIC DEVELOPMENT TRAINING- CHRISTINE V. 07/11/2023 07/11/2023 0.00 1,300.00 1380
Vendor Number

THE TOLL ROADS VIOLATION DEPT
Total Vendor Amount

14.85 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 14.85
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32055252 LICENSE PLATE 1406169 07/10/2023 07/10/2023 0.00 14.85 1618
Vendor Number

TOWNE PLACE SUITES ONTARIO AIRPORT
Total Vendor Amount
3,338.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 556.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 07/24/2023-07/28/2023 07/24/2023-07/28/2023 - EDWIN J. K9 TRAINING 07/12/2023 07/12/2023 0.00 556.49 Check 07/20/2023 556.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 07/31/2023 - 08/04/2023 07/31/2023 - 08/04/2023 EDWIN J. K9 TRAINING 07/12/2023 07/12/2023 0.00 556.49 Check 07/20/2023 556.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 08/07/2023-08/11/2023 08/07/2023-08/11/2023 EDWIN J. K9 TRAINING 07/12/2023 07/12/2023 0.00 556.49 Check 07/20/2023 556.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 08/14/2023-08/18/2023 08/14/2023-08/18/2023 EDWIN J. K9 TRAINING 07/12/2023 07/12/2023 0.00 556.49

4.A.1
Attachment: Demand Register(s) of July 08, 2023 - July 21, 2023 (Demand Register(s) of July 08, 2023 - July 21, 2023.) Payment Register APPKT00451 - FOR AP 7/20/2023
7/20/2023 4:18:10 PM Page 5 of 7
Check 07/20/2023 556.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 08/21/23-08/25/23 08/21/23-08/25/23 EDWIN J. K9 TRAINING 07/12/2023 07/12/2023 0.00 556.49 Check 07/20/2023 556.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 08/28/23-09/01/23 08/28/23-09/01/23 EDWIN J. K9 TRAINING 07/12/2023 07/12/2023 0.00 556.49 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
1,034.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 1,034.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9938145295 ARVIN PD CELL PHONES 05.26.23-06.25.23 06/25/2023 06/25/2023 0.00 1,034.75 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
578.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 578.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9938145296 ARVIN PD AIR CARDS 05.26.23 -06.25.23 06/25/2023 06/25/2023 0.00 578.30 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/20/2023 110.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5025632968 COMM DEV LEASE 06.21.23-07.20.23 06/23/2023 06/23/2023 0.00 110.88

4.A.1
Attachment: Demand Register(s) of July 08, 2023 - July 21, 2023 (Demand Register(s) of July 08, 2023 - July 21, 2023.) Payment Register APPKT00451 - FOR AP 7/20/2023
7/20/2023 4:18:10 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 44 39 0.00 45,509.13
Packet Totals: 44 39 0.00 45,509.13

4.A.1
Attachment: Demand Register(s) of July 08, 2023 - July 21, 2023 (Demand Register(s) of July 08, 2023 - July 21, 2023.)

4.B.1
Attachment: Payroll Register(s) of July 07, 2023 (Payroll Register(s) of July 07, 2023)

4.B.1
Attachment: Payroll Register(s) of July 07, 2023 (Payroll Register(s) of July 07, 2023) Arvin City Council Meeting Minutes – July 11, 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
JULY 11, 2023
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: Mayor Trujillo 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 Police Canine Introduction
Alex Ghazalpour, Acting Chief of Police

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of June 24, 2023 – July 07, 2023.

B. Approval of Payroll Register(s) of June 23, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of June 27, 2023 and Special Meeting(s) of June 27, 2023.

D. Approval of A Resolution of the City Council of the City of Arvin Approving the Engineer’s Report for Landscaping and Lighting Maintenance District No.

1. Resolution No. 2023-37

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of July 11, 2023 (Minutes of the Regular Meeting(s) of July 11, 2023.) Arvin City Council Meeting Minutes – July 11, 2023

Page 2 of 6 ends

E. Approval of A Resolution of the City Council of the City of Arvin Declaring Intention to Levy and Collect Assessments Within Landscaping and Lighting Maintenance District No. 1 Commencing Fiscal Year 2022-2023 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Appointing A Time and Place for Hearing Objections Thereto.

Resolution No. 2023-38
F. Approval of A Resolution of the City Council of the City of Arvin Approving the Engineer’s Report for Landscaping and Lighting Maintenance District No.

2. Resolution No. 2023-39
G. Approval of A Resolution of the City Council of the City of Arvin Declaring Intention to Levy and Collect Assessments Within Landscaping and Lighting Maintenance District No. 2 Commencing Fiscal Year 2022-2023 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Appointing A Time and Place for Hearing Objections Thereto.

Resolution No. 2023-40
H. Approval of A Memorandum of Understanding Between the City of Arvin, Kern Community College District, the Cesar Chavez Foundation, the Dolores Huerta Foundation, and Grid Alternatives for the Keeping It Green in the San Joaquin Project Transformative Climate Communities (TCC) Collaborative Stakeholder Structure.

Agreement No. 2023-14
Staff recommends approval of the Consent Agenda.

Motion to approve Consent Agenda Items 4A – 4H.

Motion CM Horton Second CM Murillo Vote 4-0

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Approving A Resolution of the City Council of the City of Arvin Adopting the Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for GPA 2023-03 and CA 2023-03 for the 2023 Land Use Element Update and Various Additions and Amendments to Title 17 Zoning. (City Planner)
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, and approve the Resolution.

Hearing opened.

No public testimony received.

Hearing closed.

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of July 11, 2023 (Minutes of the Regular Meeting(s) of July 11, 2023.) Arvin City Council Meeting Minutes – July 11, 2023

Page 3 of 6 ends

Motion to approve the Resolution.

Motion CM Horton Second CM Reyes Vote 4-0
Resolution No. 2023-41
B. A Public Hearing to Consider Introduction and First Reading of An Ordinance of the City Council of the City of Arvin Adopting Code Amendments, CA No. 2023-03, to Title 17 Zoning to Amend Chapter 17.05 Uses Permitted Subject to Administrative Approval; Add Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit; Amend Chapter 17.10 R-2 Two-Family Dwelling Zone; Amend Chapter 17.12 R-3 Limited Multiple-Family Dwelling Zone; Amend Chapter 17.14 R-4 Multiple-Family Zone; Amend Chapter 17.60 Site Development Permits; Add Chapter 17.72 Multiple-Family Residential Design Review; and Accept CEQA Determination of A Mitigated Negative Declaration of the California Environmental Quality Act (CEQA). (City Planner)
Staff recommends the City Council approve the introduction of the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Hearing opened.

No public testimony received.

Hearing closed.

Motion to waive first reading of the Ordinance to be ready by title only, and approve the introduction of the Ordinance.

Motion CM Horton Second MPT Borreli Vote 4-0
C. A Public Hearing to Consider and Approve A Resolution of the City Council of the City of Arvin Adopting the Land Use Element 2023 Update, An Element to the General Plan, Exhibit A and Accept CEQA Determination of A Mitigated Negative Declaration of the California Environmental Quality Act (CEQA). (City Planner)
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, and approve the Resolution.

Hearing opened.

No public testimony received.

Hearing closed.

Motion to approve the Resolution.

Motion CM Horton Second MPT Borreli Vote 4-0
Resolution No. 2023-42

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of July 11, 2023 (Minutes of the Regular Meeting(s) of July 11, 2023.) Arvin City Council Meeting Minutes – July 11, 2023

Page 4 of 6 ends

D. A Public Hearing to Consider Approving A Resolution of the City Council of the City of Arvin Accepting the Draft 2023-2031 General Plan Housing Element, Exhibit A, Authorizing Staff to Forward the Housing Element to the State of California Department of Housing and Community Development for Review (GPA 2023-04); Accept CEQA Determination of A Notice of Exemption of the California Environmental Quality Act (CEQA); and Continue the Public Hearing to October 24, 2023. (City Planner)
Staff recommends the City Council open the hearing, allow for public testimony, and continue the hearing to the Regular City Council Meeting of October 24, 2023.

Hearing opened.

No public testimony received.

Hearing closed.

Motion to approve the Resolution and continue the hearing to the Regular City Council Meeting of October 24, 2023.

Motion CM Horton Second CM Reyes Vote 4-0
Resolution No. 2023-43

6. ACTION ITEM(S)
A. Consideration and Acceptance of Annual Financial Audit for the Period Ending June 30, 2022 and Related Single Audit. (City Manager)
Staff recommends to accept and file the following reports:

1. Independent Auditors' Report and Basic Financial Statements for the Year Ended June 30, 2022.

2. Report on Internal Control Over Financial Reporting and On Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards for the Year Ended June 30, 2022. (Federal Single Audit)

3. Auditors' Communication on Engagement dated June 12, 2022 Motion to accept and file the following reports:

1. Independent Auditors' Report and Basic Financial Statements for the Year Ended June 30, 2022.

3. Auditors' Communication on Engagement dated June 12, 2022 Motion CM Horton Second MPT Borreli Vote 4-0

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of July 11, 2023 (Minutes of the Regular Meeting(s) of July 11, 2023.) Arvin City Council Meeting Minutes – July 11, 2023

Page 5 of 6 ends

B. Approval of A Resolution of the City Council of the City of Arvin Authorizing City Manager To Defer Payment of Fees, Defer Improvements, Enter into Deferral Agreements, Expedite Construction of Development That May Result in Increased Sales Tax and Employment, and Final Interpretation of Conditions Provided that the Condition Is Not Waived Nor the Intent of the Condition Not Implemented In the Opinion of City Manager, Waiver of Fees Under Various Circumstances To Facilitate Economic Development. (City Manager)
Staff recommends approval of the Resolution.

Motion to table above Action Item 6B to a future Council meeting to allow time for further staff review.

Motion CM Horton Second CM Reyes Vote 4-0
C. Approval of A Resolution of the City Council of the City of Arvin Adopting General Plan Amendments to the City of Arvin General Plan Land Use Element – GPA 2023-01 and GPA 2023-03. (City Planner)
Staff recommends approval of the Resolution.

Motion to approve the Resolution.

Motion CM Horton Second CM Reyes Vote 3-1 (CM Murillo voted No.) Resolution No. 2023-44

7. CITY MANAGER’S REPORT

8. COUNCIL MEMBER COMMENTS

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

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

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of July 11, 2023 (Minutes of the Regular Meeting(s) of July 11, 2023.) Arvin City Council Meeting Minutes – July 11, 2023

Page 6 of 6 ends

CLOSED SESSION REPORT BY CITY ATTORNEY:
9A. No reportable action. This item shall remain on the agenda. 9B. Case 1: Council updated as to potential settlement agreement; no reportable action taken;
Case 2: Council updated as to status; no reportable action taken; Case 3: Council updated that investigation should be complete within two weeks; No reportable action;
Case 4: Council updated that investigation should be complete within two weeks; No reportable action;
Case 5: Council updated on property abatement issues; No reportable action;
Case 6: Council updated on potential Brown Act violations; No reportable action taken.
9C. Council gave direction to City Attorney concerning potential use of eminent domain concerning property utilized for wastewater treatment water disposal.

10. ADJOURNED @ 8:17PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of July 11, 2023 (Minutes of the Regular Meeting(s) of July 11, 2023.)

CITY OF ARVIN
Staff Report
Meeting Date: July 25, 2023
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Michael Brockman-Velazquez, CivicSpark Fellow
SUBJECT: Correction to Previous Resolution for California Pro Housing Designation Program BACKGROUND:

On June 27th, 2023, the City Council passed a resolution approving the city's participation in the California Pro Housing Designation Program. The program aims to streamline the housing development process and incentivize the construction of affordable housing units in California cities. The original resolution was passed with the intention of applying for the program and benefiting from the various advantages it offers, such as increased funding opportunities and expedited approval processes.

Need for Correction:

During the process of amending the language of the resolution to align it with our city's procedural requirements, certain necessary excerpts were inadvertently removed from the approved version. These excerpts pertain to the specific commitments and obligations required by the California Pro Housing Designation Program. Their absence jeopardizes our city's eligibility and participation in the program. By rescinding the previous resolution and approving the updated version, we can rectify the inadvertent omissions and ensure that our city meets the program requirements in their entirety. The revised resolution will also enable us to demonstrate our commitment to addressing the housing needs of our community and fostering sustainable growth.

STAFF RECOMMENDATION:

1. Rescind the previous resolution (Resolution No. 2023-32) approving the city's participation in the California Pro Housing Designation Program.

2. Approve the updated resolution (Resolution No. XXX) that includes all the necessary excerpts, as outlined in the attached document.

3. City Clerk to file the updated resolution with the appropriate authorities and ensure compliance with all program requirements.

4. Notify the California Pro Housing Designation Program officials of the correction made to the resolution and express our continued interest in participating in the program.

FINANCIAL IMPACT:

None.

4.D.1
Attachment: Staff Report Revised Prohousing Reso_072523 (Updated Resolution re HCD Prohousing Designation Program)

Page 1 of 3 ends

Reso Authorizing Application to HCD and Participation in Prohousing Program.

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
REPEALING AND RESCINDING RESOLUTION NO. 2023-32 TO

INCLUDE NECESSARY EXCERPTS REQUIRED FOR THE

APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING

AND COMMUNITY DEVELOPMENT (HCD) AND PARTICIPATION IN
THE PROHOUSING DESIGNATION PROGRAM.

WHEREAS, on June 27, 2023, the City Council adopting Resolution No. 2023-32 approving the city's participation in the California Pro Housing Designation Program; and WHEREAS, during the process of amending the language of the resolution to align it with our city's procedural requirements, certain necessary excerpts were inadvertently removed from the approved version. These excerpts pertain to the specific commitments and obligations required by the California Pro Housing Designation Program. Their absence jeopardizes the City's eligibility and participation in the program; and
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Arvin desires to submit an application for a Prohousing Designation; and
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby:

1. Repeal and rescind Resolution No. 2023-32.

2. Authorize and direct to submit an Application to the Department of Housing and Community Development.

3. Acknowledge and confirm that it is currently in compliance with applicable state housing law.

4. Acknowledge and confirm that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental

4.D.2
Attachment: Reso Rescinding Reso 2023-32 re Prohousing_072523 (Updated Resolution re HCD Prohousing Designation Program)

Page 2 of 3 ends

Reso Authorizing Application to HCD and Participation in Prohousing Program. actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. The applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

5. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

6. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

7. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program. //////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////

4.D.2
Attachment: Reso Rescinding Reso 2023-32 re Prohousing_072523 (Updated Resolution re HCD Prohousing Designation Program)

Page 3 of 3 ends

Reso Authorizing Application to HCD and Participation in Prohousing Program.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 25 th day of July 2023 by the
following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

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

4.D.2
Attachment: Reso Rescinding Reso 2023-32 re Prohousing_072523 (Updated Resolution re HCD Prohousing Designation Program)

CITY OF ARVIN
Staff Report
Meeting Date: July 25
th, 2023
TO: Arvin City Council
FROM: Alex G. Ghazalpour, Acting Chief of Police
Jeff Jones, City Manager
SUBJECT: Axon Body Worn Cameras and License Add On Request BACKGROUND:

The Arvin Police Department has been utilizing Axon Body Worn Cameras. The use of body worn cameras has proven to be an effective tool in promoting transparency, accountability, and trust. These cameras provide an unbiased record of interactions, aiding in evidence collection and ensuring accurate documentation of incidents. The benefits of this investment will continue to extend far beyond the initial purchase, resulting in improved accountability, increased public trust, and a safer environment for all residents.

With the additional police department hires, the request is hereby made to purchase (5) five additional cameras, hardware, and software licenses.

STAFF RECOMMENDATION:

Staff is recommending that the City Council authorize and approve the purchase of (5) additional body worn cameras, hardware, and software licenses.

FINANCIAL IMPACT:

With the recent donation of tasers, cartridges, holsters, and support equipment, we have already seen first-year savings as to the need to purchase the additional body worn cameras. This will allow staff to appropriately budget years 2 through 4. The cost breakdown can be seen in the attachments provided by Axon Enterprise Inc.

The cost of this purchase request in its entirety is $36,201.46. The cost of the total amount broken down into 4 yearly payments at the cost of $9,050.37.

ATTACHMENTS:

1. Axon Enterprise Quote for Add on Cameras, Quote Number: Q-462207-45125.926TR

2. Axon Enterprise Quote for Add on Licenses, Quote Number: Q-474221-45125.926TR

4.E.1
Attachment: Staff Repot BWC Add On_072523 (5 Additional Body Worn Cameras, Hardware, & Software Licenses for Arvin PD)

Page 1 ends

Q-462207-45125.926TR
Issued: 07/18/2023
Quote Expiration: 07/31/2023
Estimated Contract Start Date: 08/01/2023
Account Number: 305655
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery-200 Campus Dr Arvin Police Dept. - CA Thom Ruseva-Mahan Alex Ghazalpour 200 Campus Dr
Arvin,
CA
93203-1008
USA
PO Box 156
Arvin
CA
93203-0156
USA
Phone: +1 4804148450
Email: [email protected] Email: [email protected]
Fax: +1 4809993359 Fax: (661) 854-0421
Quote Summary Discount Summary
Program Length 46 Months Average Savings Per Year $1,055.52 TOTAL COST $25,418.90
ESTIMATED TOTAL W/ TAX $26,679.51 TOTAL SAVINGS $4,046.16 Payment Summary
Date Subtotal Tax Total
Jul 2023 $6,354.74 $315.16 $6,669.90
May 2024 $6,354.72 $315.16 $6,669.88
May 2025 $6,354.72 $315.16 $6,669.88
May 2026 $6,354.72 $315.13 $6,669.85
Total $25,418.90 $1,260.61 $26,679.51
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

4.E.2
Attachment: Arvin PD - Axon BWC Add-On Quote Q-462207-45125.926TR_Redacted (5 Additional Body

Page 2 ends

Quote Unbundled Price: $29,465.06
Quote List Price: $25,543.10
Quote Subtotal: $25,418.90
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
73352 BWC HARDWARE FINANCING TRUE UP PAYMENT 5 14 $23.30 $23.30 $1,631.00 $134.56 $1,765.56 BWCamTAP Body Worn Camera TAP Bundle 2 46 $44.03 $31.85 $31.85 $2,930.20 $198.15 $3,128.35 BWCamTAP Body Worn Camera TAP Bundle 5 46 $44.03 $31.85 $31.85 $7,325.50 $495.35 $7,820.85 A la Carte Hardware
AB3C AB3 Camera Bundle 5 $749.00 $749.00 $3,745.00 $308.96 $4,053.96 AB3C AB3 Camera Bundle 2 $749.00 $749.00 $1,498.00 $123.59 $1,621.59 A la Carte Software
73680 RESPOND DEVICE PLUS LICENSE 5 46 $20.12 $20.12 $4,627.60 $0.00 $4,627.60 BasicLicense Basic License Bundle 5 46 $16.46 $15.92 $3,661.60 $0.00 $3,661.60 Total $25,418.90 $1,260.61 $26,679.51

4.E.2
Attachment: Arvin PD - Axon BWC Add-On Quote Q-462207-45125.926TR_Redacted (5 Additional Body Page
3 Q-462207-45125.926TR
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX26 07/01/2023 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX23 07/01/2023 AB3 Camera Bundle 73202 AXON BODY3- NA10- US- BLK- RAPIDLOCK5 07/01/2023 AB3 Camera Bundle 73202 AXON BODY3- NA10- US- BLK- RAPIDLOCK2 07/01/2023 AB3 Camera Bundle 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK6 07/01/2023 AB3 Camera Bundle 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK3 07/01/2023 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE5 11/01/2024 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE2 11/01/2024 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO5 05/01/2027 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO2 05/01/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE5 08/01/2023 05/31/2027 Basic License Bundle 73840 EVIDENCE.COM BASIC ACCESS LICENSE5 08/01/2023 05/31/2027 A la Carte 73680 RESPOND DEVICE PLUS LICENSE5 08/01/2023 05/31/2027 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP)5 08/01/2023 05/31/2027 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP)2 08/01/2023 05/31/2027

4.E.2
Attachment: Arvin PD - Axon BWC Add-On Quote Q-462207-45125.926TR_Redacted (5 Additional Body Page
4 Q-462207-45125.926TR
Payment Details
Jul 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year1 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT5 $407.75 $33.64 $441.39 Year1 73680 RESPOND DEVICE PLUS LICENSE5 $1,156.91 $0.00 $1,156.91 Year1 AB3C AB3 Camera Bundle5 $936.25 $77.24 $1,013.49
Year1 AB3C AB3 Camera Bundle2 $374.50 $30.90 $405.40
Year1 BasicLicense Basic License Bundle5 $915.40 $0.00 $915.40 Year1 BWCamTAP Body Worn Camera TAP Bundle2 $732.55 $49.54 $782.09 Year1 BWCamTAP Body Worn Camera TAP Bundle5 $1,831.38 $123.84 $1,955.22 Total $6,354.74 $315.16 $6,669.90
Aug 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment BWCamTAP Body Worn Camera TAP Bundle2 $0.00 $0.00 $0.00 Invoice Upon Fulfillment BWCamTAP Body Worn Camera TAP Bundle5 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
May 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year2 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT5 $407.75 $33.64 $441.39 Year2 73680 RESPOND DEVICE PLUS LICENSE5 $1,156.89 $0.00 $1,156.89 Year2 AB3C AB3 Camera Bundle5 $936.25 $77.24 $1,013.49
Year2 AB3C AB3 Camera Bundle2 $374.50 $30.90 $405.40
Year2 BasicLicense Basic License Bundle5 $915.40 $0.00 $915.40 Year2 BWCamTAP Body Worn Camera TAP Bundle2 $732.55 $49.54 $782.09 Year2 BWCamTAP Body Worn Camera TAP Bundle5 $1,831.38 $123.84 $1,955.22 Total $6,354.72 $315.16 $6,669.88
May 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year3 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT5 $407.75 $33.64 $441.39 Year3 73680 RESPOND DEVICE PLUS LICENSE5 $1,156.89 $0.00 $1,156.89 Year3 AB3C AB3 Camera Bundle5 $936.25 $77.24 $1,013.49
Year3 AB3C AB3 Camera Bundle2 $374.50 $30.90 $405.40
Year3 BasicLicense Basic License Bundle5 $915.40 $0.00 $915.40 Year3 BWCamTAP Body Worn Camera TAP Bundle2 $732.55 $49.54 $782.09 Year3 BWCamTAP Body Worn Camera TAP Bundle5 $1,831.38 $123.84 $1,955.22 Total $6,354.72 $315.16 $6,669.88

4.E.2
Attachment: Arvin PD - Axon BWC Add-On Quote Q-462207-45125.926TR_Redacted (5 Additional Body Page
5 Q-462207-45125.926TR
May 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year4 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT5 $407.75 $33.64 $441.39 Year4 73680 RESPOND DEVICE PLUS LICENSE5 $1,156.89 $0.00 $1,156.89 Year4 AB3C AB3 Camera Bundle5 $936.25 $77.24 $1,013.49
Year4 AB3C AB3 Camera Bundle2 $374.50 $30.89 $405.39
Year4 BasicLicense Basic License Bundle5 $915.40 $0.00 $915.40 Year4 BWCamTAP Body Worn Camera TAP Bundle2 $732.55 $49.53 $782.08 Year4 BWCamTAP Body Worn Camera TAP Bundle5 $1,831.38 $123.83 $1,955.21 Total $6,354.72 $315.13 $6,669.85

4.E.2
Attachment: Arvin PD - Axon BWC Add-On Quote Q-462207-45125.926TR_Redacted (5 Additional Body

Page 6 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

4.E.2
Attachment: Arvin PD - Axon BWC Add-On Quote Q-462207-45125.926TR_Redacted (5 Additional Body Page
7 Q-462207-45125.926TR
\s1\ \d1\
Signature Date Signed
7/18/2023

4.E.2
Attachment: Arvin PD - Axon BWC Add-On Quote Q-462207-45125.926TR_Redacted (5 Additional Body

Page 1 ends

Q-474221-45125.926TR
Issued: 07/18/2023
Quote Expiration: 07/31/2023
Estimated Contract Start Date: 08/01/2023
Account Number: 305655
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery-200 Campus Dr Arvin Police Dept. - CA Thom Ruseva-Mahan Brandon Snyder 200 Campus Dr
Arvin,
CA
93203-1008
USA
PO Box 156
Arvin
CA
93203-0156
USA
Phone: +1 4804148450 Phone: 661-854-5583
Email: Email: [email protected] Email: [email protected]
Fax: +1 4809993359 Fax:

Quote Summary Discount Summary
Program Length 46 Months Average Savings Per Year $28.81 TOTAL COST $9,521.95
ESTIMATED TOTAL W/ TAX $9,521.95 TOTAL SAVINGS $110.45
Payment Summary
Date Subtotal Tax Total
Jul 2023 $2,242.32 $0.00 $2,242.32
May 2024 $2,332.02 $0.00 $2,332.02
May 2025 $2,425.30 $0.00 $2,425.30
May 2026 $2,522.31 $0.00 $2,522.31
Total $9,521.95 $0.00 $9,521.95
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

4.E.3
Attachment: Arvin PD - Axon License Add-On Quote Q-474221-45125.926TR (5 Additional Body Worn

Page 2 ends

Quote Unbundled Price: $9,632.40
Quote List Price: $9,632.40
Quote Subtotal: $9,521.95
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software
ProLicense Pro License Bundle 5 46 $41.88 $41.40 $9,521.95 $0.00 $9,521.95 Total $9,521.95 $0.00 $9,521.95

4.E.3
Attachment: Arvin PD - Axon License Add-On Quote Q-474221-45125.926TR (5 Additional Body Worn Page
3 Q-474221-45125.926TR
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 15 08/01/2023 05/31/2027 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE5 08/01/2023 05/31/2027

4.E.3
Attachment: Arvin PD - Axon License Add-On Quote Q-474221-45125.926TR (5 Additional Body Worn Page
4 Q-474221-45125.926TR
Payment Details
Jul 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year1 ProLicense Pro License Bundle5 $2,242.32 $0.00 $2,242.32 Total $2,242.32 $0.00 $2,242.32
May 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year2 ProLicense Pro License Bundle5 $2,332.02 $0.00 $2,332.02 Total $2,332.02 $0.00 $2,332.02
May 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year3 ProLicense Pro License Bundle5 $2,425.30 $0.00 $2,425.30 Total $2,425.30 $0.00 $2,425.30
May 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year4 ProLicense Pro License Bundle5 $2,522.31 $0.00 $2,522.31 Total $2,522.31 $0.00 $2,522.31

4.E.3
Attachment: Arvin PD - Axon License Add-On Quote Q-474221-45125.926TR (5 Additional Body Worn

Page 5 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

ACEIP:

Acceptance of Terms:

4.E.3
Attachment: Arvin PD - Axon License Add-On Quote Q-474221-45125.926TR (5 Additional Body Worn Page
6 Q-474221-45125.926TR
\s1\ \d1\
Signature Date Signed
7/18/2023

4.E.3
Attachment: Arvin PD - Axon License Add-On Quote Q-474221-45125.926TR (5 Additional Body Worn

PROCLAMATION
Rita Corral Day – August 7, 2023
WHEREAS, Rita Corral has served Arvin as a bus driver for the City of Arvin Transportation Department since April of 2006. Her tireless dedication throughout her tenure is truly remarkable.

WHEREAS, Rita Corral has successfully maintained her impeccable driving record, and served this community without incident. With that, she been instrumental in the City of Arvin Transportation Department
WHEREAS, Rita Corral has announced her retirement date of Monday, August 7, 2023 from the City of Arvin Transportation Department. The entire department will miss her being part of the “Transit Family”.

NOW, THEREFORE, The City Council of the City of Arvin, hereby proclaims Monday, August 7, 2023, Rita Corral Day in the City of Arvin in recognition of her hard work and dedication to the City of Arvin Transportation Department and Arvin community members.

In Witness Whereof, I have hereunto set my hand and caused to be affixed the seal of the City of Arvin, California, on this 25th day of July 2023. ________________________
Olivia Trujillo, Mayor
City of Arvin

4.F.1
Attachment: proclamation -- rita corral (Proclamation -- Rita Corral Day)

CITY OF ARVIN
Staff Report
Meeting Date: July 25, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN AUTHORIZING THE CITY MANAGER TO APPLY FOR MILLSALQUIST-DEDDEH (TDA) ACT FUNDS.

BACKGROUND / DISCUSSION:

Arvin Transit provides fixed route and ADA (Americans with Disabilities) bus service to the City of Arvin and other areas within the County of Kern.

The Transportation Development Act (TDA) is a funding source for the development and support of maintaining our public transit needs that exist in California. TDA provides two major sources of funding. Local Transportation Fund and State Transit Assistance Fund. TDA Funds are distributed to KernCOG who oversees the administration and distribution of the funds to the various city and county agencies for transit operations. Excess TDA monies not used for transit, after going through an unmet transit needs process, are then available for street maintenance purposes.

FISCAL IMPACT:

This is actual revenue item in the full amount of $825,266 in fiscal year 2022-2023 and is being reimbursed in fiscal year 2023-2024. No impact to the City's general fund.

RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to file a claim from TDA (transit only) funding for the City’s transit projects for FY 2022-2023 with the Kern Council of Governments (KernCOG).

ATTACHMENTS:

TDA Claim Form
CHP Compliance Certificate
Notice of Public Meeting -Unmet Transit Needs

4.G.1
Attachment: 22-23 TDA SR (Authorization to Apply for TDA Funds FY 22-23)

Page 1 of 2 ends

Reso Authorizing the City Manager to Apply for Mills-Alquist-Deddeh (TDA) Act Funds.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
AUTHORIZING THE CITY MANAGER TO APPLY FOR MILLSALQUIST-DEDDEH (TDA) ACT FUNDS WHEREAS, Public Utilities Code §§ 99200, et seq., known as the Mills-Alquist-Deddeh Act also known as the Transportation Development Act (“TDA”), allocates funds to local entities from the Local Transportation Fund and the State Transit Assistance Fund for various transportation purposes; and
WHEREAS, entities in Kern County that wish to receive funding from the Local Transportation Fund or the State Transit Assistance Fund must file their requests with the Kern Council of Governments (KernCOG) pursuant to the provisions of the TDA and California Code of Regulations (“CCR”), Title 21, §§ 6600, et seq.; and WHEREAS, the City of Arvin currently provides public transportation within the jurisdiction through existing bus services provided by the City of Arvin Transit Department, thereby reasonably meeting its transportation needs for the Fiscal Year 2022-2023; and WHEREAS, the City of Arvin’s general fund needs reimbursement for funding provided to its Transit Dept. during Fiscal Year 2022-2023 in the amount of $825,266.

NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby as follows:

1. Verifies that the above recitals are true and correct;

2. The Arvin City Council hereby authorizes the City Manager to file a claim and any other ancillary documents thereto, for Fiscal Year 2022-2023 in the amount of $825,266; and to accept on behalf of the City any funds received from KernCOG based on this claim.
///
///
///
///
///
///
///

4.G.2
Attachment: 22-23 TDA reso (Authorization to Apply for TDA Funds FY 22-23)

Page 2 of 2 ends

Reso Authorizing the City Manager to Apply for Mills-Alquist-Deddeh (TDA) Act Funds.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 25th day of July, 2023.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

4.G.2
Attachment: 22-23 TDA reso (Authorization to Apply for TDA Funds FY 22-23)

4.G.3
Attachment: FY 22-23 TDA transit claim (Authorization to Apply for TDA Funds FY 22-23)

CITY OF ARVIN
Staff Report
Meeting Date: July 25, 2023
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: Approval to Rescind and Replace the Memorandum of Understanding (MOU) for the Keeping It Green in the San Joaquin Project Transformative Climate Communities (TCC) Collaborative Stakeholder Structure.

BACKGROUND:

The California Strategic Growth Council ("SGC") is accepting applications for funds from the Transformative Climate Communities Implementation Grant ("Program") available through the SGC to fund an implementation grant of up to $35 million for the construction and implementation of affordable housing, public transit, and renewable energy projects that will provide a direct benefit to the City of Arvin. City Staff, in collaboration with the Kern Community College District and multiple community groups, desire to apply for an Implementation grant for its “Keeping it Green in the San Joaquin” project.

The program is a source of up to $29.5 million per grantee. The SGC Program application guidelines require submitting an approval of a Memorandum of Understanding (MOU) from the City Council of Arvin. City staff intends to strategically submit a grant application of less than 10 million as a match for its REAP 2.0 MPO 5.6-million-dollar grant from HCD.

The City council previously adopted Resolution No. 2023-31 authorizing the City of Arvin’s application to the TCC program on June 27th, 2023 and previously approved the Memorandum of Understanding for the Keeping It Green in the San Joaquin Project Transformative Climate Communities (TCC) Collaborative Stakeholder Structure on July 11th, 2023.

Staff is requesting to rescind and replace the MOU to remove the San Joaquin Sustainable Communities as they are no longer a collaborative partner.

STAFF RECOMMENDATION:

Staff recommends approval to rescind and replace the Memorandum of Understanding (MOU) for the Keeping It Green in the San Joaquin Project Transformative Climate Communities (TCC) Collaborative Stakeholder Structure.

FINANCIAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Memorandum of Understanding for the Keeping it Green in the San Joaquin Project Transformative Climate Communities Collaborative Stakeholder Agreement.

4.H.1
Attachment: Staff Report TCC Amended MOU re Collaborative Stakeholders Structure (Approval to Rescind & Replace MOU for TCC 1 of 12
AGREEMENT NO. __________

MEMORANDUM OF UNDERSTANDING FOR THE

KEEPING IT GREEN IN THE SAN JOAQUIN PROJECT

TRANSFORMATIVE CLIMATE COMMUNITIES

COLLABORATIVE STAKEHOLDER STRUCTURE
This Memorandum of Understanding for the Collaborative Stakeholder Structure for the City of Arvin -Keeping it Green in the San Joaquin Project (“MOU”) is dated June 28, 2023, for reference purposes only. This MOU is by and between The City of Arvin, Applicant, the Kern Community College District, Fiscal Agent for the City of Arvin, the Cesar Chavez Foundation (CCF) an Arvin TCC project partner, Arvin Transit, an Arvin TCC project partner, the Dolores Huerta Foundation, an Arvin TCC project partner, and Grid Alternatives, an Arvin TCC project partner (each a “Party” and collectively the “Parties” making up the Transformative Climate Communities (TCC) Collaborative Stakeholder Structure (“Collaborative”). This MOU is intended to function as a collaborative MOU between the parties detailing their intentions and is not intended to create a legal partnership.

General Terms and Conditions
Background and Recitals
A. This collaborative MOU stating the parties’ intentions, is entered into pursuant to requirements of the Transformative Climate Communities (TCC) Program and the City of Arvin - Keeping it Green in the San Joaquin Project proposal (“Proposal”) and memorializes basic terms to govern the planning and implementation of the scope of work included in the Proposal.

B. Through this MOU, it is the Partners’ intention and commitment to work together to implement the projects identified in the Proposal if funded by the TCC grant. The Lead Applicant and Co-Applicants have developed, with stakeholders’ input, the projects included in the Proposal and with an understanding of the TCC program requirements and are prepared to lead and participate for the term of the TCC grant.

C. Through TCC, the California Strategic Growth Council (SGC) funds the development and implementation of neighborhood-level proposals with multiple, integrated projects and empowers communities to choose their own strategies for reducing greenhouse gas emissions and achieving community benefits.

D. If awarded, the City of Arvin and its fiscal agent the Kern Community College District, will jointly be the Grantee responsible for the grant from SGC ("TCC Grant") to fund a range of capacity building activities within the City of Arvin in Kern County depicted as the Arvin TCC Project Region in the attachment: Attachment A - Arvin Project Area Map.

E. TCC Partners are organizations eligible to participate in the program and fully support the objectives, goals, strategies, and projects identified within the submitted and ultimately approved by SGC ("TCC Grant Application"), and the Partners agreed to be Co-Applicants for the TCC Grant Application.

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F. SGC requires this MOU to set forth the agreed upon governance structure and terms of operation required to implement the City of Arvin – Keeping it Green in the San Joaquin Project, including but not limited to the expectations and responsibilities of the Parties, legal and financial terms, and community engagement and decision-making processes.

G. The Parties desire to enter into this MOU in order to establish a collaborative stakeholder structure for matters pertaining to the TCC Grant and the implementation of the scope of work within the forenamed Project Area within the Arvin TCC Project Region.

H. Parties acknowledge and agree that other Partners may be added to this MOU, decided through a democratic process amongst the Collaborative and in consultation with SGC.

I. This collaborative MOU is entered into pursuant to requirements of the TCC Program and the City of Arvin – Keeping it Green in the San Joaquin Project (“TCC Proposal”) and memorializes basic terms to govern the planning and implementation of the scope of work included in the TCC Proposal.

1. Statement of Purpose
The Arvin Green Collaborative is comprised of community organizations and public entities working in the City of Arvin. The Collaborative works across disciplines to achieve the local community’s vision for a prosperous, healthy, and climate resilient community as currently and previously expressed in community visioning and planning work.

The Arvin Green Collaborative will identify, establish, and implement the collective vision for the City of Arvin. Arvin is a rural minefield of environmental challenges and socio-economic disparities located in the Central Valley in south Kern County. The Collaborative has adopted the following vision for the City of Arvin:

Arvin’s Vision is to lead the initiative to develop affordable housing with convenient access to services, transportation, higher education, and workforce development in order to uplift its disadvantaged community.

The Arvin Green Collaborative is cultivating a community of learners and innovators to meet the challenges of environmental injustice, climate change, spur economic growth, and address the severe lack of housing in Arvin. The Collaborative’s goal is to develop a healthy community that prioritizes sustainability, a prosperous economy, and a better quality of life.

2. Roles and Responsibilities
See Attachment B for the Stakeholder Structure Organizational Chart. See Attachment C for Arvin Strategies, Transformative Elements, Projects & Implementation Partners Matrix.

2.1 Lead Applicant
As the Lead Applicant, City of Arvin and its fiscal agent, the Kern Community College District, commit to all duties and responsibilities corresponding to the Lead Applicant role under the City of Arvin – Keeping it Green in the San Joaquin Project for the term of the TCC Grant. The City of Arvin and its fiscal agent, the Kern Community College District, are fully

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative) 3 of 12
committed to the activities and deliverables of the TCC Proposal, the requirements of the TCC Grant, and the stipulations of this MOU, and agrees to take all actions necessary to effectuate the requirements of the TCC Grant in accordance with the State of California requirements.

As Lead Applicant, the City of Arvin and its fiscal agent, the Kern Community College District, responsibilities include but are not limited to:
a. Commitments between Co-Applicants
a. To plan and implementation schedule
b. To work collaboratively.
c. To Leverage available funds
b. Roles and Responsibilities
a. Coordinating all components of the TCC Proposal and processing the approval of the TCC Proposal through the California Strategic Growth Council as may be necessary or appropriate;
b. Overseeing and coordinating the TCC Proposal project; c. Preparing and disbursing the TCC Grant funds to Co-Applicants either as reimbursement or advanced funds for eligible administration and services upon submission of full and complete disbursement requests or supporting documentation for advanced funds, subject to State review and approval; d. Submitting all invoices and associated summary reports, and annual reports to the TCC Program staff
e. Participating in regular check-in meetings with TCC Program staff f. Providing staff support during the entirety of the grant term; and g. Achieving and monitoring goals and associated indicators as defined by the TCC Proposal and the TCC Grant Guidelines.
c. Governance & Equitable Policies
a. The Lead applicant and co-applicants shall adhere to the Collaborative Stakeholder Structure (Attachment _) which outlines the governance, organization for the required elements
b. Lead applicant and fiscal agent will fully and fairly apply, implement, and comply with grantor’s rules and requirements.
c. Lead applicant and fiscal agent will ensure that all co-applicants and stakeholders are aware of grantor’s rules and requirements. d. Lead applicant and fiscal agent will work to ensure that stakeholders’ input is fully and fairly respected.
e. Lead applicant and fiscal agent will ensure that co-applicants’ concerns are fully and fairly heard and supported to the extent possible given grantor’s rules and requirements.
f. Lead applicant and fiscal agent will ensure that all policies, practices, and procedures are equitable to each co-applicant, and are equitably applied.

2.2 Co-Applicants
Co-Applicants are responsible for implementing specific strategies stipulated within the Collaborative’s workplan, and must have the staff capacity, expertise, and organizational/project management abilities to deliver on their commitments within the overall workplan.

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative) 4 of 12
The following entities will serve as Partners on the City of Arvin – Keeping it Green in the San Joaquin Project for the term of the TCC Grant.
a. Kern Community College District
a. Role: Fiscal Agent.
b. Project Commitment: The Kern Community College District will serve as the fiscal agent for the lead applicant, the City of Arvin on the TCC Grant. c. Kern CCD agrees to the Community Partners Responsibilities (Attachment E). d. Responsible for: Preparing TCC Grant invoices and fiscal reports. e. Term: Full TCC Grant term.
b. Cesar Chavez Foundation (CCF)
a. Role: Project Lead: Affordable Housing Developer.
b. Project Commitment: CCF is committed to work collaboratively with the applicant and applicant’s fiscal agent to complete the 50-unit affordable housing project. c. CCF agrees to the Community Partners Responsibilities (Attachment E). d. Responsible for the financing & construction of the 50 unit 1-, 2-, and 3-bedroom unit apartment complex as described in the TCC Grant and Ev Charging with Solar carports at the site.
e. Term: Full TCC Grant term or until project receives Certificate of Occupancy, whichever is later.
c. Arvin Transit (City of Arvin, Transit Department)
a. Role: Project Lead: Transportation Expansion
b. Project Commitment: Arvin Transit will lead the TCC Transit Project. c. Arvin Transit / City of Arvin Transit Department agrees to the Community Partners Responsibilities (Attachment E).
d. Responsible for the Transit Project including construction of a new bus stop and a new bus shelter, procurement of 2 electric buses, and implementation of a free rides program as described in the CA SGC TCC Round 5 Grant. e. Term: Full TCC Grant term or until project is fully completed and operational per the City of Arvin, whichever is later.
d. Dolores Huerta Foundation (DHF)
a. Project Lead: Community Outreach & Engagement
b. Project Commitment: DHF will be project lead for Community Outreach & Engagement and will support the City of Arvin and the Stakeholder Structure. c. DHF agrees to the Community Partners Responsibilities (Attachment E). d. Responsible for: Community Outreach & Engagement
e. Term: Full TCC Grant term.
e. Grid Alternatives
a. Project Lead: Solar PV Project Manager
b. Project Commitment: Grid Alternatives will be project lead, implementing the Arvin DAC / SASH residential solar PV program.
c. Grid Alternatives agrees to the Community Partners Responsibilities (Attachment E).

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative) 5 of 12
d. Responsible for: Implement Arvin DAC / SASH residential solar PV program. e. Term: Full TCC Grant term.

2.3 Proposal Description & Summary
The City of Arvin faces significant public health, environmental, and economic challenges. The principal needs and challenges facing the community include local access to affordable housing, public parks and green space, reduction of greenhouse gas emissions, expanded transit, implementation of EV charging stations, improved building efficiency, rooftop solar for both residential and commercial sites, job training and education to support an expanded, strengthened and diversified economic base.

City planning staff have documented these needs in the Arvin General Plan (2019), General Plan Housing Element (2013, amended in 2017), Climate Action Plan (2013) and the Transit Asset Management Plan (2022) [Arvin City Planning]. The Dolores Huerta Foundation conducted a health related needs assessment in 2016, and Building Healthy Communities South Kern, have documented needs related to water policy, roads, public safety, parks and recreation and health needs of Arvin and the surrounding communities.

TCC Collaborative Stakeholder Structure

2.3.1 General.

2.3.1.a. Governance Structure. The Arvin Green Stakeholder Collaborative Structure is depicted in Attachment C. The City of Arvin, the TCC Lead Applicant will provide relationship management and convening support for the collaborative. The Kern CCD, the fiscal agent for the City of Arvin, will provide grant administration and compliance. The Lead Applicant, Fiscal Agent and CoApplicants will report to the Strategic Growth Council, as the grantor, and the Collaborative Stakeholders.

2.3.1.b. Arvin Green Stakeholder Collaborative Members. The Grantee / Lead Applicant and CoApplicants are de facto TCC Members and serve on TCC Steering Committee. The Steering Committee prepares public meeting agendas for TCC Members’ Meetings. The Arvin Green Stakeholder Collaborative will annually identify the number of TCC Members to be selected from among residents and community stakeholder types as member representatives.

2.3.1.c. Adding or Removing a Co-Applicant, Partner, or Member. Co-Applicants, partners, and members may be added or removed for cause or for no cause on 60 days’ notice. The Lead Applicant and Fiscal Agent will have the responsibility of replacing any members that give notice and leave the project or are removed.

2.3.2 Meetings.

2.3.2.a. Meetings Facilitation Procedures. The TCC steering committee is responsible for engaging the neutral convener. The neutral convener will facilitate public meetings. All partners are expected to designate a staff person to regularly attend all public meetings.

2.3.2.b. Number & Type of Meetings. Meetings will be open to the public. Meetings will be held monthly in the first year. Thereafter, the members will determine the number and schedule of meetings each year, the physical location, and the use of virtual meeting technology. Changes to

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative) 6 of 12
the meeting schedule will provide at least 15 days’ notice to the community. The Annual Meeting Calendar and Notices of Changed Meetings will be posted on the City of Arvin’s website.

2.3.2.c. Publication of TCC Agendas & Minutes. Meeting Agendas and Meeting Minutes will be posted at the City’s website within a reasonable time prior to and after each meeting.

2.3.3 Transparent Decision-Making and Dispute Resolution.

The Arvin Green Collaborative will make decisions and resolve disputes on a consensus basis. As a last resort, if a consensus is not possible, a majority (51%) vote of the members will make a final decision.

3. Legal and Financial Considerations
The Lead Applicant, City of Arvin and its fiscal agent, the Kern Community College District, will maintain legal, fiscal, and fiduciary responsibilities, including managing grant funds in accordance with SGC regulations, policies, and guidelines. The City of Arvin, as lead applicant, is responsible for the development and submission of all reports to TCC Program staff and additional funding agencies, bookkeeping, accounting, and grant compliance services.

3.1 Legal Relationship. This MOU is intended to function as a collaborative MOU between the parties detailing their intentions and is not intended to create a legal partnership.

3.2 Financial Relationship.

The Lead Applicant, City of Arvin, and each Co-Applicant shall have equal standing and collective accountability for implementing grant program requirements within the Collaborative Stakeholder Structure. The City of Arvin does not assume liability for any third-party claims for damages arising out of this Agreement and each Co-Applicant does not assume liability to SGC for damages arising out of this Agreement.

The Kern Community College District, serving as the Fiscal Agent for the City of Arvin for the TCC grant will process invoices for reimbursement on the basis, schedule, and requirements as determined by the grantor. The Kern Community College District does not assume any liability for any third-party claims for damages arising out of this Agreement and each Co-Applicant does not assume liability to SGC for damages arising out of this Agreement.

4. Equal Opportunity
The City of Arvin and Co-Applicants are committed to equal employment opportunity and to ensuring that all employees have a work environment that is free of conduct that could be considered discriminatory or harassing based on an employee’s protected status. The City of Arvin and Co-Applicants will not allow anyone, including any supervisor, co-worker, vendor, client, or customer, to unlawfully harass or discriminate against employees or applicants for employment. The City of Arvin will take prompt and effective remedial action upon discovery of such conduct.

5. Miscellaneous Provisions
This MOU may be revised during Post-Award Consultation or upon written agreement of the parties to comply with all administrative, statutory, and TCC Program requirements. This MOU

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative) 7 of 12
creates no right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity. The parties shall manage their respective resources and activities in a separate, coordinated, and mutually beneficial manner to meet the purposes of this MOU.

IN WITNESS WHEREOF, the parties hereto have executed this MOU, which shall become effective as of the date of the last signature below.

City of Arvin
Grantee / Lead Applicant
_____________________ Date: _____
Jeff Jones
City Manager
on behalf the City of Arvin & Arvin Transit
Kern Community College District
Co-Applicant 1
_______________________ Date: ______
Mike Giacomini
Chief Financial Officer
Fiscal Agent for the City of Arvin
Cesar Chavez Foundation
Co-Applicant 2
_____________________ Date: _____
Paul Chavez,
President
_____________________________
Or - Manuel Bernal,
Chief Operating Officer Date: ____
Or - _____________________________
Paul Park,
Secretary Date: ____
Dolores Huerta Foundation
Co-Applicant 3
_______________________ Date: _____
Camila Chavez
Executive Director
Grid Alternatives
Co-Applicant 4
_______________________ Date: _____
David Griffin
Co-Executive Director

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative) 8 of
12 Attachment A: Project Map

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & 9 Attachment B: Arvin TCC Stakeholder Structure

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative) 10 Attachment C: Strategies, Transformative Elements, Projects & Implementation Partners Matrix

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative) 11 Attachment D: Arvin TCC Stakeholder Network Co-Managers - Position Descriptions The Arvin TCC Stakeholder Network Co-Managers:

City of Arvin, Applicant, and Kern CCD, Fiscal Agent for the City of Arvin / Co-Applicant: Will each contribute one or more staff members that together will constitute 2.0 FTEs or more. Of these assigned staff members, the City of Arvin and Kern CCD will agree and jointly designate two individuals who will serve as Co-Managers.

TERM: Five years (starting on execution of the TCC grant contract) Reports To: Arvin TCC Stakeholder Network, steering committee, community partners, and CA SGC The Arvin TCC Stakeholder Network Co-Managers shared responsibilities are:
- Ensure that Applicant, Co-Applicants, and all contractual partners achieve all of our commitments under the TCC Grant Agreement.
- Serve as the co-grant managers with a focus on compliance and primary points of contact between the Arvin TCC team and the funder California Strategic Growth Council (CA SGC), including among other communications, submitting invoices, and working to complete revisions, no-cost extensions or budget modifications.
- Provide day to day program management and oversight of the Arvin TCC project including grant budgets, workplans and timelines, expenditure and reimbursements, funds forecasting, revisions and adjustments, compliance monitoring, and coordination with full team, Community Partners, Strategic Growth Council, and other partners as applicable. - Manage overall grant budget and reconciliation of reimbursements. - Utilize / develop tracking and reporting systems that ensure Applicant and Co-Applicants are all informed as to progress toward performance outcomes, project completion, conduct ongoing analysis to identify, make recommendations and help resolve potential challenges. - Establish and maintain positive relationships with multiple nonprofit organizations, city departments, residents, elected officials, and other stakeholders necessary to implement the Arvin TCC goals. This will include facilitation of network member communications, information sharing, interest clarification, and identification and resolution of differences. - Develop and communicate priorities, facilitate achievement of collaborative goals, gather and share data, compile and report on the status of Arvin TCC commitments, and participate in related working group and Steering Committee meetings to maintain an understanding of current implementation goals and challenges.
- Actively contribute to the development of a shared agenda and commitments between Arvin TCC Co-Applicants, community partners, and relevant stakeholder groups. - With support and guidance from the Arvin TCC Stakeholder Network, facilitate Arvin TCC communications activities as required by the grant and project team, and serve as a media contact. This includes obtaining SGC approvals as required by the grant agreement. - Facilitate collection and submission of required project reports from collaborative partnersto SGC.
- Coordinate with Co-Applicants’ staff and perform other tasks as required.

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative) 12 Attachment E: Community Partners Responsibilities
Community Partners will provide project leadership and fiscal sponsorship of the Arvin Transformative Climate Communities TCC strategies and projects. The City of Arvin and its fiscal agent the Kern Community College District will provide finance, accounting services and grant administration in coordination with Arvin TCC Steering Committee, project partners and the Network Manager(s).

Program and Network Development Support
- Provide an experienced Community Partners staff member for one-on-one consultations on project and network development.
- Broker introductions within Community Partners network of funders and strategic partners
General Administration Activities
- Engage in post-award consultation with Strategic Growth Council and Arvin TCC Steering Committee to finalize and execute the grant agreement and all related real property and other administrative or legal documents required by the project(s). - Collect, report, and maintain project progress and fiscal reports in compliance with CA Strategic Growth Council grant requirements. - Maintain all project and administrative records for the required retention period of the CA SGC, this grant, and/or the City Arvin / KCCD after grant terms are fulfilled, whichever is longer.

General Administration Activities
- Applicant and Co-Applicants will compile and submit invoices every month for reimbursement and match / leverage with supporting documentation and progress report Co-applicant for their respective project.
- Applicant / Fiscal Agent will review submitted invoices for completeness, accuracy, and correlation to project deliverables and milestones achieved. - Applicant / Fiscal Agent will compile project invoices for submission to CA SGC with supporting documentation and progress reports.
- Receive TCC funds and disperse payment to partners as approved by the CA SGC. - Applicant / Fiscal Agent will track grant spending, invoicing, and reimbursements. - Applicant / Fiscal Agent will report on the expenditure of direct and match / leverage funds on a regular basis and not less than an annual basis.
- Applicant / Fiscal Agent, and each Co-Applicant will follow their respective Human Resources policies and procedures. Each Applicant / Co-Applicant confirmsthat their policies and procedures are in compliance with California state law and CA SGC TCC grant terms and conditions.

General Co-Applicant Engagement & Project Completion
- Applicant and Co-Applicants commit to assigning one primary and one alternate representative that will consistently participate in all Arvin TCC Stakeholder meetings. - Applicant and Co-Applicants commit to timely, full, and transparent communication of their project status, deliverables, milestones achieved, and challenges encountered. - Applicant and Co-Applicants commit to retaining and providing all required invoices, progress reports, and support documentation of direct expenses and match / leverage.

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Attachment: Draft Collaborative Stakeholder agreement Arvin TCC Amended (Approval to Rescind & Replace MOU for TCC Collaborative)

CITY OF ARVIN
Staff Report
Special Meeting Date: July 25, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Approval of Modification to Clerical Error for Acreage Provided on the Emergency Improvement Capital Account Credit Agreement between the City of Arvin and Quantum Farms, LLC (Agreement No. 2023-13) Previously Approved by the Arvin City Council on June 27, 2023.

BACKGROUND:

The Arvin City Council approved the Emergency Improvement Capital Account Credit Agreement between the City of Arvin and Quantum Farms, LLC at their meeting of June 27, 2023. Upon review of the legal description of the properties named in the agreement, City staff noticed a clerical error to the total acreage listed in the recitals of the agreement. Staff has included the correct total acreage in the attached agreement and included the legal description and APN’s for all properties in Exhibit A of the agreement. No other changes were made to the agreement.

RECOMMENDATION:

Staff recommends approval of modification to clerical error for acreage provided on the Emergency Improvement Capital Account Credit Agreement between City of Arvin and Quantum Farms, LLC (Agreement No. 2023-13) previously approved by the Arvin City Council on June 27, 2023.

FISCAL IMPACT:

None. This is a typo in the agreement only.

ATTACHMENTS:
- Emergency Improvement Capital Account Credit Agreement with modification. - Staff Report from Arvin City Council Meeting of June 27, 2023.

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Attachment: Staff Report Clerical Error Modification Quantum Farms, LLC Emergency Imp Capital Account Credit Agmt_072523 (Modification AGREEMENT NO. 2023-13

EMERGENCY IMPROVEMENT

CAPITAL ACCOUNT CREDIT AGREEMENT
This EMERGENCY IMPROVEMENT CAPITAL ACCOUNT CREDIT
AGREEMENT (“Agreement”) is entered into this June 27, 2023 by and between the CITY OF ARVIN, a California municipal corporation (“CITY”), and Quantum Farms, LLC, a California Limited Liability Company, (“Quantum”). CITY and Quantum are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
WHEREAS, Quantum leases approximately 439 acres of real property from the CITY and other 3rd parties located within the CITY which is more specifically described in the legal description set forth in Exhibit “A”, attached hereto and incorporated herein by this reference (“Property”);
WHEREAS, the Lease Agreement between the CITY and Quantum is attached hereto as Exhibit “A(1)” and incorporated herein by this reference.

WHEREAS, as outlined fully in Exhibit “B,” Quantum and City worked together in good faith, diligence and regulatory compliance throughout the emergency created by the Wastewater Storage Earthen Tank #3 failure, beginning in September 2022 through current date.

WHEREAS, as part of the good faith efforts concerning the emergency created by the failure of Earthen Tank #3, Quantum expended October 2021 to April 2023 to help remedy the emergency situation and reduce the CITY’s potential exposure to further damages.

WHEREAS, Quantum has requested reimbursement of such expenditures through a credit account to the rent due under its Lease Agreement;
WHEREAS, CITY and Quantum now desire to enter into this Agreement for the following purpose: to provide a means by which Quantum’s costs for the emergency actions it took to help remedy the situation caused by the failure of Earthen Tank #3 at the CITY’s Wastewater Treatment Facility are offset against Quantum’s obligation to pay the CITY Rent under the Lease Agreement.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Quantum and CITY hereby agree as follows:

TERMS

1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

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Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523

2. Construction of Emergency Improvements. Quantum constructed or took action at its own cost, expense, and liability to make those Improvements generally described as Emergency Improvements, and as shown more specifically on Exhibit “B,” the plans, profiles, and specifications, which have been approved and accepted by CITY, and which are incorporated herein by this reference.

3. Improvement Credits.
a. Credit Offset Against Quantum’s Improvements. In consideration of the Emergency Improvements made by Quantum, credit shall be applied by CITY to offset the amount expended by Quantum for such Emergency Improvements, subject to adjustment and reconciliation under Section 3(c) of this Agreement (“Emergency Improvement Credit” or “EIC”).
b. Verified Cost of the Emergency Improvements. Quantum shall submit to the CITY the information set forth in the attached Exhibit “C”. The CITY shall use the information provided by Quantum to calculate the total actual costs incurred by Quantum in delivering the Emergency Improvements covered under this Agreement (“DIF Verified Costs”). The CITY will use its best efforts to determine the amount of the Emergency Improvement Verified Costs and provide Quantum written notice thereof within thirty (30) calendar days of receipt of all the required information from Quantum.
c. Reconciliation; Final Credit Offset Against Rent Obligations. The actual amount of EIC that shall be applied by CITY to offset Quantum’s Rent Obligation shall be equal to the Emergency Improvement Verified Costs (“Actual EIC”). No Actual EIC will be provided until the Emergency Improvement Verified Costs are determined through the reconciliation process.
d. Reimbursement. City shall provide Quantum with a direct reimbursement related to the Emergency Improvements in the amount of $54,000, within 10 days of the effective date of this Agreement (“Reimbursement Amount”). The Reimbursement Amount shall reduce the Emergency Improvement Credit in a proportionate amount. The Parties agree that the Reimbursement shall be subject to all terms and conditions of this Agreement.

4. Miscellaneous.
a. Assignment. Quantum may assign all or a portion of its rights pursuant to this Agreement to a successor of its Lease Agreement with the City. Quantum and such successor shall provide to CITY such reasonable proof as it may require concerning the Lease Agreement was properly assigned and/or transferred. Any assignment of the Lease pursuant to this section shall not be effective unless and until Quantum and Assignee have executed an assignment agreement with CITY in a form reasonably acceptable to CITY, whereby Quantum and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of Quantum's rights pursuant to this Agreement,

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Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523 including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to this Agreement, and (2) that Successor/Assignee shall be bound by all applicable provisions of this Agreement. b. Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, between CITY and Quantum. Nothing herein shall be deemed to make Quantum or its contractors an agent or contractor of CITY.
c. Authority to Enter Agreement. Quantum hereby warrants it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
d. Prohibited Interests. Quantum warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Quantum, to solicit or secure this Agreement. Quantum also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Quantum, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, CITY shall have the right to rescind this Agreement without liability. e. Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

To CITY: City of Arvin
Attn: Public Works Director
200 Campus Drive
Arvin, CA 93203
To Quantum: Quantum Farms, LLC
Attn: Dr. Trent Jones
__________________
__________________
Depending upon the method of transmittal, notice shall be deemed received as follows: by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. f. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. g. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or

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Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523 against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Quantum include all personnel, employees, agents, and contractors of Quantum, except as otherwise specified in this Agreement. All references to CITY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. h. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. i. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. j. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
k. No Third Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
l. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
m. Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Kern, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Quantum expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
n. Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

4.I.2
Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523 o. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. p. Entire Agreement. This Agreement contains the entire agreement between CITY and Quantum concerning those funds and actions taken by Quantum related to the Emergency situation caused by the failure of Earthen Tank #3 at the CITY’s Wastewater Treatment Facility and supersedes any prior oral or written statements or agreements between CITY and Quantum related to such subject matter. [SIGNATURE PAGE FOLLOWS]

4.I.2
Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523 IN WITNESS WHEREOF, City and Tenant have entered into this Lease on the day and year first above written.

CITY: City of Arvin, a California
municipal corporation
By:

TENANT: Quantum Farms, LLC, a California
Limited Liability Company *
By:

Jeff Jones, City Manager Print: _________________________________ By: ___________________________________
Print: __________________________________
ATTEST:

By:

APPROVED AS TO FORM
By:

Cecilia Vela, City Clerk Attorney for Tenant

APPROVED AS TO FORM
By:
*Provide notarial acknowledgement for signature
Nathan M. Hodges, City Attorney

4.I.2
Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523 EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
APN 189-340-27(≈79.9 acres)
SECTION 34, TOWNSHIP 31, RANGE 29, QUARTER
APN 189-353-06(≈49.27 acres)
SECTION 35, TOWNSHIP 31, RANGE 29, QUARTER
APN 189-353-07(≈52.77 acres)
SECTION 35, TOWNSHIP 31, RANGE 29, QUARTER
APN 446-010-73(≈77 acres)
SECTION 2, TOWNSHIP 32, RANGE 29, QUARTER NW
APN 446-010-59(≈52.33 acres)
SECTION 2, TOWNSHIP 32, RANGE 29, QUARTER
APN 446-010-60(≈52.29 acres)
SECTION 2, TOWNSHIP 32, RANGE 29, QUARTER
Third Party: APN 446-010-62(≈75.45 acres)
SECTION 2, TOWNSHIP 32, RANGE 29, QUARTER

4.I.2
Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523 EXHIBIT “A(1)”

LEASE AGREEMENT

4.I.2
Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523 EXHIBIT “
B”

EMERGENCY IMPROVEMENTS AND RELATED COSTS
[ATTACHED BEHIND THIS PAGE]

4.I.2
Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523 October 2021 - YTD 2023 Expenses Related to the Emergency Repairs & Improvements to Prevent Catastrophic Outcomes from Earthen Pond #3: 6/7/2023 20 Months of Emergency Work Designed to Prevent Catastrophic Failure of EP#3: Individual Expense and Use Date of Expense Labor Hours Gross Expense 2021, 2022 & 2023: 11+ Months of Backhoe Rental, Diesel Fuel & Transport Multiple $ 44,600.00 Labor for Back Hoe Operators - Berms, Irrigation, Water Movement, Road Repairs & Trash Removal Multiple 2,270.40 $ 102,168.00 Cash Cost for Replacement Large High Pressure Irrigation PVC Pipes (16+" pipe = $100/ft) Multiple $ 87,000.00 Cash Cost for Large Irrigation Pipe Fittings, Valves, Caps + glue purchased (avg = $100/fitting) Multiple $ 16,800.00 Labor Costs for Installation of New Irrigation Pipes & Berms Multiple 3,784.00 $ 75,680.00 Labor Costs to Repair In-Ground 18" - 24" Concrete Pipes (Pipes were crushed in dozens of spots - Res Acres) Multiple 5,676.00 $ 113,520.00 Concrete & Rebar Costs to Repairing 18" - 24" Concrete Pipes Multiple $ 4,875.00 Labor Costs to Make Rancho Road Pond Return & Pipes Diverted to Residential Acres Multiple $ 14,274.00 Labor and Pipe Costs to Repair Freedom Farms' Road Leakage Multiple 180.00 $ 4,500.00 Replacement Cost of New Flood Irrigation Valves ($125/valve) Multiple $ 25,375.00 "100 Year Flood Ditch" Repairs & Debris Removal - Flood Mgmt for Banana Lake Multiple $ 6,010.00 Additional Heavy Equipment, Trucking Multiple $ 16,100.20 Miscellaneous Supplies and Additional Completion Costs Multiple $ 31,718.00 Sub-Total 11,910.40 $ 542,620.20
Comments:

1. 20 months of time has been spent responding to, repairing and managing Arvin's WWTP and Farm infrastructure to the point of taking EP #3 offline.

2. The first 12 months from the onset of the emergency required an extreme amount of labor to repair infrastructure to properly empty EP #3.

3. There are significant, ongoing repairs of pumps, valves, pipe and repairs to ensure the City could be compliant with the WDR & Water Board.

4. The above are actual costs covered by Quantum Farms, and does not include any form of a profit margin.

5. Dr. Trent Jones has not added any cost for the countless personal hours spent supporting Arvin, Engineering and preparing for CA Regional Water Board.

6. A large number of Engineers, Managers & Compliance Staff have delivered significant pro bono hours of advice, consult and actual work on this case.

7. These costs do not include the "standard" farming costs borne by Quantum Farms for the production of the hay.

8. There are well over 25,000 linear feet of old 16" - 24" plastic and concrete irrigation pipe routed all over the Arvin Farm.

9. There are more expenses in 2023 for the repairs made on this system based upon both existing fractures in the irrigation systems and engineering needs.

4.I.4
Attachment: Arvin - Costs to Prevent WWTP-Tank #3 Disaster - Capital Account 6-7-23 (Modification to EXHIBIT “C”

DOCUMENTATION TO BE PROVIDED TO CITY BY QUANTUM FOR

DETERMINATION OF CONSTRUCTION COSTS
To assist CITY in determining the Construction Costs for a completed Emergency Improvement, Quantum shall provide the following documents to CITY:

1. Plans, specifications and Quantum’s civil engineer’s cost estimate;

2. List of bidders from whom bids were requested;

3. Construction schedules for Improvements made;

4. Contracts, insurance certificates and change orders with each contractor or vendor;

5. Invoices received from all vendors;

6. Canceled checks for payments made to contractors and vendors (copy both front and back of canceled checks);

7. Spreadsheet showing total costs incurred in and related to the construction of each Emergency Improvement and the check number for each item of cost and invoice;

8. Final lien releases from each contractor and vendor; and

9. Such further documentation as may be reasonably required by CITY to evidence the completion of construction and the payment of each item of cost and invoice.

4.I.2
Attachment: 2023-13 Apothio, LLC and Quantum Farms, LLC Emergency Improvement Capital Account Credit Agmt_Modification 072523

Page 1 of 21 ends

AGREEMENT NO. ________

CITY OF ARVIN/SUCCESSOR AGENCY

FIRST AMENDMENT TO AGRICULTURAL LEASE AGREEMENT
This Agricultural Lease Agreement (“Lease” or “Agreement”) is made and entered into effective _______________, 2023 (“Effective Date”), by and between the City of Arvin, a municipal corporation and the Successor Agency to Arvin Community Redevelopment Agency (hereinafter collectively referred to as “City”), and Apothio, LLC, an Indiana limited liability company, and Quantum Farms, LLC, a California limited liability corporation (hereinafter collectively referred to as “Tenant”), with reference to the following facts:

RECITALS
WHEREAS, City and Apothio entered into that certain Lease Agreement dated April 1, 2021 (the “Apothio Lease Agreement”). A true and correct copy of the Apothio Lease Agreement is attached hereto and incorporated herein as Attachment “A.” All terms and conditions of the Apothio Lease shall remain in full force and effect, except for those terms and conditions which are expressly modified in this Agreement;
WHEREAS, pursuant to the Apothio Lease Agreement, City Property was leased to Apothio, LLC. Both the City of Arvin and Apothio have mutually agreed to amend the Tenant from Apothio, LLC to Quantum Farms, LLC, which is a California based Limited Liability Company. As with Apothio, LLC, all leadership and key contacts remain that same for Quantum Farms, LLC;
WHEREAS, pursuant to the Apothio Lease Agreement, the City Property was leased to Tenant for the planting, growing, harvesting, and processing of annual legally marketable crops, specifically industrial hemp, and soil preparation as needed, consistent with the Permit (the “Permitted Use”). Both City and Tenant agree that the Tenant has exclusive rights to the management and application of all Secondary Wastewater for the next 25 years following the date of this Amendment;
WHEREAS, pursuant to the Apothio Lease Agreement, the Parties acknowledged that the City Property receives treated water from the City's Wastewater Treatment Plant (“Treated Water”) and Tenant acknowledged and was aware that material aspects of the Lease Agreement were (1) acceptance and usage of 100% of the Treated Water for the Permitted Use; WHEREAS, City and Tenant wish to enter into this Amendment to add additional 75 acres of property owned by the Successor Agency to the Arvin Community Redevelopment Agency (“Additional Property”) to the Lease Agreement under the same 25 year terms and provisions related to such additional real property;
WHEREAS, in addition to the Additional Property, Tenant has also added another 75 acres of tillable land via the “Garcia MOU” and has the option to add more land as needed. These non4.I.3 Attachment: Exhibit A(1)_Apothio, LLC and Quantum Farms, LLC - First Amendment to Ag Lease_062723_Redacted (Modification to Quantum

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City owned lands provide additional land for disbursement of the Secondary Water Effluent.

These same acres will not be subject to any sort of rent payment or revenue sharing to the City.

WHEREAS, the Tenant has added over 300 acres of “Winter Crops” to the Farming Operation; thereby, increasing the farm’s ability to use and percolation the secondary effluent.

WHEREAS, if necessary to dispose of the Secondary Water Effluent, the City and Tenant will continue to acquire additional land by standard lease, complete acquisition, or when legally justified, eminent domain.

WHEREAS, City and Tenant wish to enter into this Amendment to modify certain payment terms contained in the Lease Agreement. These Terms will be negotiated by the City Manager and Tenant;
WHEREAS, City and Tenant wish to enter into this Amendment to modify the future existing Wastewater Treatment systems. The Tenant has worked diligently and has borne significant extraneous financial costs in the repair of wastewater emergencies related to historical wastewater infrastructure and wastewater management practices that existed before the Tenant became active. The Arvin City Manager and CEO of Quantum Farms, LLC will complete an updated, mutually agreed upon, payment/repayment schedule between the City and Tenant, applying a portion of the Tenant’s emergency expenses toward all past or any current rent or other fees due to the City of Arvin through 2026.

WHEREAS, the Tenant and City acknowledges that each party has worked together in good faith, diligence and regulatory compliance throughout the emergency created by the Wastewater Storage Earthen Tank #3, beginning in September 2021 through current date. It is the intent of the Parties to work together to negotiate mutually agreeable additional agreements, which may be drafted and executed as separate document(s) not included in this Agreement. Such negotiations will aim at creating potential additional agreements that seek to ensure that the City and Tenant, based upon objective performances, create a very long term Public-Private Partnership” agreement, which if agreed to by the parties will be known as the “International Sustainability Incubator Site” for the research, development and commercialization of sustainable clean water, clean air, the bioremediation and recycling of clean water, BioPharma production of organic, FDA level whole plant extracted, natural plant medicines and sustainable green energy production. Under any such potential agreement, the Tenant would share its unique abilities via a significant amount of plant genetics, intellectual property, patents, access to capital and grant monies in order to actualize the “Arvin International Sustainability Incubator Site” (AISIS).

WHEREAS, City and Tenant agree that any potential Public Private Partnership would include broad, far reaching mutual considerations. For example, the City and Tenant both acknowledge that the AISIS would be designed to create clean water and energy for the City of Arvin, while also providing new, unique and international workforce development, education, scholarship, and employment opportunities for the Citizens of Arvin for many decades to come.

Successful inclusion of AISIS would likely reward the City and/or its Designees and the Tenant and/or its Designees with an AISIS contract for no less than 30 years after the completion of said project. Notwithstanding the foregoing, nothing in this Agreement shall create a binding

4.I.3
Attachment: Exhibit A(1)_Apothio, LLC and Quantum Farms, LLC - First Amendment to Ag Lease_062723_Redacted (Modification to Quantum

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obligation on either party to enter into any agreement establishing a Public-Private Partnership between the City and Tenant or any designees or agents thereof.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant agree as follows:

1. Recitals. The Recitals above are true and correct and incorporated herein by this reference.

2. Name Change. The Tenant in the Apothio Lease Agreement shall be changed from Apothio, LLC, an Indiana limited liability company to Quantum Farms, LLC, a California limited liability company.

3. Lease of Premises. City hereby leases to Tenant, and Tenant leases from City, on the terms and conditions set forth in this Lease, the Additional Property, as described above and as generally depicted on the diagram attached as Attachment “B”. The parties acknowledge the Lease of the Additional Property shall not include that area currently being used for petroleum extraction operations located to the west of the Sycamore Sump area.

Additionally, the Parties acknowledge that this Lease, because it involves Successor Agency Land, shall not become effective related to that portion of the Property, until approved by the County of Kern Oversight Board, if necessary.

4. Term and Effective Date. The term of the Lease begins on the Effective Date of this Amendment, and terminates twenty-five (25) years later, on _____________, 2048, unless terminated sooner pursuant to Section 24 of this Agreement (the “Lease Term”). The Lease Term may be extended by up two (2) additional five-year periods, upon mutual written assent of the parties.

5. Use of Property; Updating the Permit; Indemnification. a. The Property is leased to Tenant for the planting, growing, harvesting, and processing of annual legally marketable crops, and soil preparation as needed consistent with the Permit (the “Permitted Use”). As the Permit currently only authorizes the use of the Treated Water on animal and fiber crops 3-way grass, corn and alfalfa, Tenant shall only cultivate industrial hemp, 3-way grass, corn and alfalfa until the Permit is amended or otherwise updated to allow the cultivation of industrial hemp. Once the Hemp Permit authorizes the cultivation of industrial hemp, and Tenant demonstrates that such a crop is capable of accepting and using all of the effluent generated by the WWTP and can be farmed in compliance with the applicable Water Discharge Requirement Permit (“Permit”), Tenant may plant up to 35,000 Tenant-derived hemp dioecious (male and female) seeds per acre. At all times during the term of this Agreement, and any extension terms, Tenant must obtain all necessary permits and comply with all current regulations as defined by CDFA. Tenant shall not use, or permit to be used, any part of the Property for any purpose other than the Permitted Use. All operations directly or indirectly related to the Permitted Use shall be performed in accordance with all then-applicable laws including the Permit and the best course of farming practiced in the vicinity. If

4.I.3
Attachment: Exhibit A(1)_Apothio, LLC and Quantum Farms, LLC - First Amendment to Ag Lease_062723_Redacted (Modification to Quantum

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Tenant fails to so perform or uses the Property for a use other than the Permitted Use, City may provide Tenant with a 10-days’ written notice of such failure. If Tenant does not take satisfactory remedial measures within that 10-day-period, then City may take necessary remedial measures, at the expense of Tenant, for which Tenant agrees to reimburse City on demand.
b. Tenant acknowledges and agrees that the Permit, which was issued in 2000, outlines the requirements for the proper use and application of the undisinfected secondary effluent produced by the treatment train from the WWTP. Because of the onset of the 2022 3
rd Earthen Tank Emergency, the Permit will need to be
updated or renewed through equal cooperation between the Tenant and City. The Tenant and City will work together in good faith, while bearing their own costs to complete the task before the California Regional Water Quality Board (“RWQCB”) in the most efficient manner possible. Tenant further acknowledges and agrees that, before Tenant can commence farming industrial hemp on the Property, Tenant must update or renew the Permit, as required by RWQCB, to state that the Property will accept all of the effluent generated by the WWTP, which is estimated to be approximately 1.3 million gallons per day or 475 million gallons per year (1,456 acre feet).
c. Tenant has engaged Waterworks Technology, Inc. (“Waterworks”) as a subcontractor to assist Tenant with the management of the Treated Water from the WWTP. Tenant shall be solely responsible for managing Waterworks, and making sure that Waterworks complies with all requirements of this Lease and the Permit, as may be amended, including providing proof to the City that Waterworks carries the same types and amounts of required insurance as Tenant is required to carry. d. Tenant will not permit any noxious weeds to go to seed on the Property, and all seed planted thereon shall be free from morning glory and other noxious weed seeds. City reserves the right to go onto the Property, at any time, for the purpose of inspecting same and treating any morning glory or other noxious weeds which may be growing thereon. Whenever Tenant removes crops from the Property, or the Additional Premises, Tenant agrees to plow, disk, or otherwise cultivate the land where such crops have been removed so that no weeds grow thereon. e. Tenant shall, at Tenant’s sole cost and expense, properly comply with any and all laws, ordinances, rules, regulations, requirements, and orders including the Permit, present or future, of the federal, State of California, County of Kern, or City’s government which may in any way apply to the Permitted Use, maintenance of, occupation of, or operations on the Property, the production of crops thereon, or the sale or other disposition of such crops.
f. Tenant shall not release, discharge, dispose of, or spill any toxic or hazardous substance, waste, or materials on the Property, except that Tenant may apply pesticides, herbicides, and fungicides as usually used in farming operations in accordance with industry standards and any and all regulations pertaining to the use

4.I.3
Attachment: Exhibit A(1)_Apothio, LLC and Quantum Farms, LLC - First Amendment to Ag Lease_062723_Redacted (Modification to Quantum

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thereof; provided, however, that Tenant agrees not to use pesticides, herbicides, or fungicides that will have residual effect beyond the Lease Term, without the prior written consent of City.
g. Tenant acknowledges that it shall have the right and duty as provided herein to take up to two (2) mgd of effluent from the WWTP for and during the term of this Lease.

Tenant shall obtain the written consent from Landlord to dispose of effluent in a manner other than as herein provided. City agrees that Tenant may have, and Tenant agrees and covenants to take, for and during the Term all effluent from the WWTP at all times of the year and Tenant agrees to use the same in such a way as to be in compliance with all applicable laws, rules or regulations. h. Tenant shall be responsible for repair of all irrigation facilities, including but not limited to pipelines, valves, standpipes, and tail water reservoir and fences on the Property solely caused by Tenant's acts or negligence. City shall be responsible for any repairs due to age, deterioration, flood damage, vandalism, etc. City agrees to cooperate with Tenant in such matters that will arise so far as it is practicable. City shall be solely responsible for all the maintenance of the pipelines, valves, standpipes and pumps not located on the Property, but used to convey effluent to the Property. Tenant agrees to cooperate with City in such matters that will arise so far as it is practicable. City shall offset those amounts due to City from Tenant for all costs and expenses related to repair of irrigation facilities due to age, deterioration, flood damage, vandalism, etc., after receipt and approval of an invoice describing the cost and expense.
i. City shall be responsible for the cost of the electrical power necessary to operate the irrigation pump(s) and tail water pump located on the Property. j. City shall maintain and keep in good repair a water well on the Property for use by Tenant.

6. Regulatory Agency Requirements. Tenant shall obtain any required written approval from the Kem County Health Department and California Regional Water Quality Control Board of cropping plans for any and all portions of the Property irrigated with treated effluent. City shall be responsible for ensuring that the effluent delivered to the Property meets any and all regulatory requirements and the disposal of effluent on the Property is compliant with all Waste Discharge Requirements and other regulatory strictures. Tenant shall be responsible for lawfully utilizing and disposing of all treated effluent received, within the boundaries of the Property and, in its discretion, on nearby property leased by Tenant and in compliance with any and all Waste Discharge Requirements. Tenant shall comply with all applicable requirements of the California Regional Water Quality Control Board for wastewater reclamation in the operations on the Property. Tenant shall provide a setback as specified in the Waste Discharge Requirements from any traffic lane of a dedicated public road or highway for any effluent storage reservoirs which are constructed within the Property.

4.I.3
Attachment: Exhibit A(1)_Apothio, LLC and Quantum Farms, LLC - First Amendment to Ag Lease_062723_Redacted (Modification to Quantum

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Tenant agrees to defend, indemnify and hold harmless City, and each of its officers, directors, employees, agents and attorneys (collectively, the “Indemnitees”) from and against any and all obligations (including removal and remedial actions), losses, claims (including third party claims), suits, judgments, liabilities, penalties, damages (including consequential and punitive damages), costs and expenses (including attorneys’ fees and expenses) of whatever kind or nature whatsoever that may at any time be incurred by, imposed on, or asserted against the Indemnitees directly or indirectly based on, or arising or resulting from (i) the actual or alleged presence of Hazardous Substances or Materials at, on or beneath the Property, or (ii) any environmental claim relating in any way to the alleged presence of Hazardous Substances or Materials at, on or beneath the Property; provided, that this indemnification shall only apply to Hazardous Substances or Materials resulting from Tenant’s actions or omissions. For the purpose of this Agreement, “Hazardous Materials” or “Hazardous Substances” shall include, but not be limited to, substances defined as “extremely hazardous substances,” “hazardous substances,” “hazardous materials,” “hazardous waste,” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.

Sections 11001-11050; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; and those substances defined as “hazardous waste” in Section 25117 of the California Health and Safety Code, as “infectious waste” in Section 25117.5 of the California Health and Safety Code, or as “hazardous substances” in Section 25316 of the California Health and Safety Code or “hazardous materials” as defined in Section 353 of the California Vehicle Code; and in the regulations adopted and publications promulgated pursuant to said laws.

The parties acknowledge that portions of the Property receives treated water from the City’s WWTP (“Treated Water”). Tenant acknowledges and is aware that a material aspect of this Agreement is the usage of 100% of this Treated Water for the growth of crops, and shall accept and use for the irrigation of the Property 100% of the Treated Water. Tenants understands that, because of the use of the Treated Water, those crops that receive Treated Water may not be grown for human consumption. Tenant shall at all times comply with Permit, as it may be amended to authorize Tenant’s use of the Treated Water. Tenant’s failure to: modify the Permit as required by RWQCB for the Permitted Use to occur, to grow crops on the Property, to contain the Treated Water on the Property, and the Additional Premises, utilize 100% of the Treated Water, or to comply with the Permit, or any combination thereof, will constitute a material breach of this Agreement.

City shall provide Tenant with 100% of all Treated Water for the Permitted Use as such Treated Water is available.

7. Taxes. Tenant acknowledges that although the City is a municipal entity exempt from real property taxes, Tenant’s possessory interest under this Lease may be subject to real property taxation. Tenant shall be solely liable for the payment ofsuch taxes, if any. Tenant shall pay, when due, real property and any other taxes and general and special assessments of every description which, during the term of this Lease, may be levied upon or assessed against the Property and all interest therein (possessory or otherwise). Tenant shall also

4.I.3
Attachment: Exhibit A(1)_Apothio, LLC and Quantum Farms, LLC - First Amendment to Ag Lease_062723_Redacted (Modification to Quantum

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pay all licenses or permit fees necessary or required by law for the conduct of Tenant's operation.

8. Rent.
a. Base Rent. Tenant agrees to pay a base rent flat fee of $100 per acre for a total of Twenty-Four Thousand Seven Hundred Dollars ($24,700.00), per year to City as rent for the use and occupancy of the Property originally leased by Apothio. Tenant also agrees to pay a base flat fee of $100 per acre for a total of Seven Thousand Five Hundred Dollars ($7,500.00), per year to the City as rent for the use and occupancy of the Additional Premises. The RWQCB requires a Permit or amended Permit to be issued for the Additional Property to accept or have Treated Water applied to it. Both City and Tenant therefore acknowledge and agree that, although the Additional Property is currently being used for farming purposes, the State Water Board must approve the use of this real estate for application of secondary effluent and growing of said animal and/or fiber crops for Tenant’s continued use of the Additional Property for the Permitted Use. Both the City and Tenant acknowledge that the State is aware that Tenant is currently, or will be in the near future, planting, growing, harvesting, or processing of annual legally marketable crops on the Additional Property as such facts were part of the City of Arvin’s overall sustainable wastewater treatment, bioremediation of water and energy production plan submitted to the State of California Waterboard in April 2023. b. Income Sharing. In addition to base rent, at or shortly after each calendar yearend, Tenant will also make an income sharing payment to the City in an amount equal to 25% of the net income derived from the growth processing, manufacturing and sale of all crops farmed on the Property and the Additional Premises, including, but not limited to, alfalfa, three way grass, or industrial hemp, as applicable, and all of its byproducts from the Property in the preceding year. c. Charitable Contribution. At the end of each calendar year, Tenant shall also donate to the Noah’s Arch Foundation, a 501(c)(3) non-profit (www.noahsarchfountaion.com) (“NAF”) an additional 25% of the net income derived from the growth, processing, manufacturing, and sale of all crops farmed on the Property and the Additional Premises, including, but not limited to, alfalfa, three way grass, or industrial hemp, as applicable, and all of its byproducts from the Property in the preceding year. This donation shall be earmarked for programs for the benefit of economic and workforce development programs, including training programs and facilities, to benefit residents of the City and/or for use in the Kern Community College District Promise Scholarship Programs or similar educational programs available to benefit residents of the City. d. Carbon Credits. Any payments or credits which pay farmers for carbon sequestration or otherwise related to the use of the Property for the Permitted Use will be treated as income to Tenant, such that the payments or credits shall be deemed income to Tenant from the Permitted Use, accruing to the benefit of the

4.I.3
Attachment: Exhibit A(1)_Apothio, LLC and Quantum Farms, LLC - First Amendment to Ag Lease_062723_Redacted (Modification to Quantum

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City and beneficiaries of the NAF through the income-sharing and charitable contribution commitments noted above.
e. Total Rent. The Base Rent, Income, Income Sharing, Charitable Contribution, and Carbon Credits are all collectively referred to herein as “Total Rent”. Rent shall be paid each year, post-harvest, but no later than January 15th each year and shall be provided to the City at 200 Campus Drive, Arvin, CA 93203 while this Lease is in effect. If the Rent is not paid when due, and City elects not to terminate the Lease, Tenant agrees to pay interest on the amount of unpaid rent at the rate of 7% per annum from the due date until paid.

If Tenant continues to occupy the Property after the effective date of the notice of termination described in Section 24 of this Agreement, then Rent shall immediately be equal to two hundred percent (200%) of the otherwise normally applicable Rent.

Nothing in this Paragraph shall preclude the City from any of its remedies including ejecting Tenant for holding over or terminating the Lease for failure by the Tenant to timely Rent.

9. Entry by City. Tenant shall allow City, and City’s agents and assigns, at all reasonable times, to enter the Property for the purposes of inspection, ascertaining compliance with the terms of this Lease, exercise of City’s rights under this Lease, to survey and complete studies associated with City’s future use of the Property, and for all other lawful purposes.

City shall use reasonable caution in entering the Property for such purposes in order to avoid causing damage to Tenant’s crops.

10. Condition of Property. By execution of this Lease, Tenant accepts the Property in its asis present condition, and agrees, on the last day of the term or on sooner termination of this Lease, to surrender the Property to City in the same condition as when received, reasonable use and wear caused beyond the Tenants control excepted, and to promptly remove all of Tenant's personal property from the Property except for additional improvements or alterations which have been approved by City and installed by Tenant or that are attached to the Property. If the City wants to reserve the right to require Tenant to remove any such additional improvements upon the expiration or earlier termination of this Lease, the City must reserve such right in its notice of approval of the improvements. If Tenant is required to remove any improvements from the Property upon termination of this Lease, Tenant shall do so at Tenant’s sole cost and expense, and Tenant will repair any damage to the Property caused by such removal. Tenant shall at all times, and at Tenant’s sole cost and expense, keep, maintain and repair the Property (including the irrigation system) in good order, condition, and repair.

11. Disclaimer of Warranty - Soil Suitability and Treated Water. City makes no warranty of the soil’s suitability for growing the crops Tenant is authorized to grow under this Lease.

Tenant represents Tenant has made an independent inspection of the Property and is not relying upon any representation or warranty from City as to such condition. . City makes no representation as to water quality and quantity of the Treated Water. Tenant acknowledges there may be sales restrictions, regulations, or other requirements governing crops grown with Treated Water, and agrees Tenant is solely responsible for determining

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what regulations apply and what crops may be appropriate for irrigation with Treated Water. Tenant waives all claims against City regarding the use, quality and quantity of Treated Water and acknowledges and agrees that the crop grown on the Property cannot be used for human consumption.

12. Operating Costs. All costs incurred by Tenant directly or indirectly connected to the Permitted Use, including, but not limited to, costs of tools, labor, materials, water, electricity, and other utilities shall be the sole responsibility and borne and paid by Tenant.

13. Release and Hold Harmless.
a. Tenant, as a material part of the consideration of this Lease, on its behalf and on behalf of Waterworks, hereby waives all claims against the Indemnitees for damages arising out of, in whole or in part, from Tenant and Waterworks’ operations upon, of and/or concerning the Property and the Permit. Tenant also agrees to indemnify, defend and hold harmless the Indemnitees from and against all claims, liability, loss, damage, costs or expenses (including reasonable attorney’s fees and court costs) (“Damages”) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or to the property of any person which shall occur on or adjacent to the Property, or otherwise in connection with this Lease or the Permit; provided, that Tenant’s obligation to indemnify and hold harmless shall only be to the extent Tenant and/or Waterworks was, or is alleged to have been, a direct or indirect cause of the Damages. Tenant shall be responsible for any loss of or damage to pumps, fencing, access roads, storage ponds, irrigation head ditch, turnouts, tailwater ditch, tailwater pond, supplemental irrigation ditch and ground water monitoring wells and protective features.
b. Tenant agrees to keep City free from all liability and claim for damages arising from any injury from any cause to any person, including officers, employees, and agents of Tenant and/or Waterworks, or to property of any kind belonging to anyone, including Tenant and/or Waterworks, arising from Tenant and /or Waterworks’ operations while in, upon, or in any way connected with the Permit and the Property, including the flooding of public roads or neighboring lands because of improper or inadequate drainage or escaping irrigation waters, during the term or any occupancy under this Agreement.

14. Insurance.
a. Liability Insurance. Tenant shall maintain in good standing liability insurance at least as broad as Insurance Services Offices Commercial General Liability Coverage (occurrence form CG 0001), to protect against loss from liability imposed by law for damages on account of, but not limited to, (1) bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever on or about the Property and the business of the Tenant on the Property, or in connection with the operations thereof, resulting directly or indirectly from any acts or activities of Tenant, or any person acting for Tenant, or

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under Tenant's control or direction, and also to protect against loss from liability imposed by law for (2) damagesto any property of any person occurring on or about the Property, or in connection with the operation thereof, caused directly or indirectly by or from acts or activities of Tenant, or any person acting for Tenant, or under Tenant's control or direction. Such property damage and bodily injury insurance shall also provide for and protect City against incurring any legal cost in defending claims for alleged loss. Such Commercial General Liability insurance shall be maintained in full force and effect during the term of this Lease in the following amount: Commercial General Liability insurance with limits not lessthan $1,000,000 for each occurrence, combined Single limit for bodily injury and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. Any deductible or self-insured retention must be declared to and approved by the City, and the City shall be named as an additional insured. At City’s option, City may require Tenant to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, elected and appointed officials, employees and volunteers, or City may require Tenant to provide a financial guaranty satisfactory to City, guaranteeing payment of losses and related investigations, claims administration, and defense expenses. b. Workers’ Compensation Insurance. Tenant shall maintain in good standing Workers' Compensation insurance issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the workers' compensation laws now or hereafter in force in California or in lieu thereof. Such workers' compensation insurance shall cover all persons employed by Tenant in connection with the Property and shall cover liability within statutory limits for compensation under any such act aforesaid, based upon death or bodily injury claims made by, for or on behalf of any person incurring or suffering injury or death in connection with the Property or the operation thereof by Tenant. Notwithstanding the foregoing, Tenant may, in compliance with the laws of the State of California and in lieu of maintaining such insurance, self-insure for workers' compensation in which event Tenant shall deliver to City evidence that such self-insurance has been approved by the appropriate State authorities.
c. General Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply more than, and not contribute with Tenant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officials, officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing at least thirty (30) days prior

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written notice to City, or at least ten (10) days prior written notice to City in the case of cancellation for nonpayment. In the event any of said policies of insurance are cancelled, the Tenant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 14 to the City.

No occupation, work, or services under this Agreement shall commence until Tenant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

Tenant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Tenant may be held responsible for the payment of damages to any persons or property resulting from the Tenant’s activities or the activities of any person or persons for which the Tenant is otherwise responsible nor shall it limit the Tenant’s indemnification liabilities or obligations as provided in this Agreement.

15. Lease Subject to Existing Rights of Others. This Lease is subject to all existing easements, servitudes, licenses, and rights of way for canals, ditches, levees, roads, highways, telephone, telegraph, and electric power lines, railroads, pipelines, and other purposes, whether or not of record.

16. Quiet Enjoyment. Subject to the City’s rights contained herein, including, but not limited to the inspection rights, the City hereby covenants and agrees that if Tenant pays Rent as herein provided and faithfully performs the terms and conditions on Tenant's part to be kept, observed, and performed, Tenant shall have the quiet enjoyment of the Property during the term hereof, without hindrance or interference from City.

17. Waste. Tenant shall not commit, or permit others to commit, any waste or nuisance upon the Property, or commit or allow any other act thereon that could disturb the quiet enjoyment of City, any other tenant of City, or other persons lawfully upon the Property or upon adjacent or nearby property. Unless otherwise agreed by the Parties, waste shall include removing or damaging otherwise viable long-term crops such as trees, vines and perennials upon expiration or termination of this Lease, damaging or rendering the irrigation system inoperable, etc.

18. Assignment or Subletting. Neither this Lease nor any interest therein shall be assigned, either voluntarily or involuntarily, by Tenant, or by operation of law or otherwise, nor shall the Property, or any part thereof, be subleased by Tenant without the prior written consent of City. Any assignment or subletting without such prior written consent of City shall be void.

19. Liens. Tenant shall nor permit or suffer any liens of any kind to be recorded or filed against the Property for any reason whatsoever and Tenant shall diligently take all steps necessary and proper to immediately remove and discharge any liens which are filed. Tenant shall

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promptly discharge or remove by bond or otherwise prior to foreclosure thereof any and all mechanics’, materialmen’s and other liens for work or labor done, services performed, materials, appliances, teams or power contributed, used or furnished to be used in or about the Property for or in connection with any operations of Tenant, any alterations, improvements, repairs or additions which Tenant may make or permit or cause to be made, or any work or construction by, for or permitted by Tenant on or about the Property, and to save and hold City and all of the Property and all buildings and improvements thereon tree and harmless of and from any and all such liens and claims of liens and suits or other proceedings pertaining thereto. Tenant covenants and agrees to give City written notice not less than twenty (20) days in advance of the commencement of any construction, alteration, addition, improvement or repair costing in excess of Twenty-Five Thousand Dollars ($25,000) in order that City may post appropriate notices of City’s nonresponsibility.

20. Time of Essence. Time is of the essence in this Lease and each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.

21. Governing Law and Venue. This Lease will be construed, interpreted, and enforced pursuant to California law. Venue regarding any matter arising out of this Lease between the parties shall be the County of Kern, Kern Superior Court.

22. Attorneys’ Fees; Limitations of Legal Acts. In any action or proceeding by either party to enforce this Lease or any provision of this Lease, the prevailing party shall be entitled to all costs incurred and to reasonable attorneys’ fees. Except as provided by the preceding sentence, in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Lease, it being expressly understood and agreed that Tenant’s sole legal remedy for breach or violation of this Lease by City shall be a legal action in mandamus, specific performance, or other injunctive or declaratory relief to enforce the provisions of this Lease.

23. Relocation Waiver and Compensation for Early Termination by City. Tenant hereby waives any and all compensation that may be due under Title 25, Division I, Chapter 6, Subchapter 1, of the California Code of Regulations relating to relocation assistance.

24. Termination. Tenant may terminate this Lease by giving notice to City at least 180 days prior to January 1
st of the next year. City may terminate the Lease as follows:
a. Abandonment by Tenant. Should Tenant breach this Lease and abandon all or any part of the Property prior to the scheduled expiration of the term of this Lease, City may continue this Lease in effect by not terminating Tenant’s right to possession of the Property, in which event City shall be entitled to enforce all City’s rights and remedies under this Lease including the right to recover the Rent specified in this Lease as it becomes due under this Lease.
b. Termination for breach by Tenant. All covenants and agreements contained in this Lease, including Tenant’s obligation to modify the Permit as required by RWQCB

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for the Permitted Use to occur, are declared to be conditions to this Lease and to the term hereby demised to Tenant. Should Tenant fail to perform any covenant, condition, or agreement contained in this Lease, except for payment of any Rent or other monetary amount due, and such failure is not cured within 30 days after written notice thereof is served on Tenant, then City may terminate this Lease immediately, and in the event of such termination, Tenant shall have no further rights hereunder and Tenant shall thereupon forthwith remove its personal property from the Property and shall have no further right or claim thereto and City shall immediately thereupon have the right to re-enter and take possession of the Property, subject only to appropriate legal process.
c. Termination for failure to pay Rent. If any payment of Rent is not made as herein provided and such failure to pay is not cured within three (3) days after written notice thereof is served on the Tenant, then City shall have the option to immediately terminate this Lease; and in the event of such termination, Tenant shall have no further right or claim thereto and City shall immediately thereupon have the right to re-enter and take possession of the Property, subject only to appropriate legal process.

25. No Partnership. It is expressly understood and agreed that City does not, in any way or for any purpose by executing this Lease, become a partner of Tenant in the conduct of Tenant's business, or otherwise, or a joint venture or a member of a joint enterprise with Tenant.

26. Covenants Run With Land. The agreements, covenants and conditions in this Lease contained are and shall be deemed to be covenants running with the land and the reversion and shall be binding upon and shall inure to the benefit of City and Tenant and their respective successors and assigns and all subsequent landlords and Tenants respectively hereunder.

All references in this Lease to ''Tenant" or “City/Landlord” shall be deemed to refer to and include successors and assigns of Tenant or City, respectively, without specific mention of such successors or assigns.

27. Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration of the Term shall not constitute a renewal hereof or give Tenant any rights hereunder or in or to the Property, except as otherwise herein provided, it being understood and agreed that this Lease cannot be renewed, extended or in any manner modified except in writing signed by City and Tenant and approved by City's Council.

28. General. If any term or provision of this Lease or any application thereof shall be invalid or unenforceable, then the remainder of this Lease and any other application of such terms or provisions shall not be affected thereby. The captions of this Lease are for convenience of reference only and shall not define or limit any of its terms or provisions. All of the

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covenants of Tenant hereunder are deemed and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate instance. The relationship created by this lease is one of Landlord/Tenant. This Lease is not intended to create a joint venture relationship or any relationship other than that of Landlord/Tenant.

29. Notices. Any notices, requests, demands, documents, approvals or disapprovals given or sent under this Lease from one Party to another (collectively, “Notices”) may be personally delivered, transmitted by facsimile (“fax”) transmission, email, overnight courier, or deposit with the United States Postal Service for mailing, postage prepaid, to the address of the other Party as stated in this Paragraph. Notices shall be sent as follows:

If to City:

City of Arvin
Attn: City Manager
200 Campus Drive
Arvin, CA 93203
If to Tenant:

Quantum Farms, LLC
Attn: Dr. Trent Jones
_________________________
_________________________
And electronically to:

Dr. Trent Jones, CEO
Each such Notice shall be deemed delivered to the party to whom it is addressed (i) if personally served or delivered, upon delivery, (ii) if given by email, upon the sender's receipt of an appropriate answerback or other written acknowledgement (iii) if given by fax, upon the sender's receipt of an appropriate answerback or other written acknowledgement, (iv) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (v) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (vi) if given by any other means, upon delivery at the address specified in this Paragraph.

30. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than twenty (20) days prior notice from the City, execute, acknowledge and deliver to the City a statement in writing certifying that this Lease is unmodified and is in full force and effect, and the dates to which the Rent has been paid, and stating whether or not to its best knowledge the City isin default under this Lease, and, if in default,specifying in reasonable detail each such default, and such other matters as the City may reasonably request, it being intended that any such statement delivered by Tenant may be relied upon by the City or

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any prospective purchaser of the fee or any prospective mortgagee or encumbrancer thereof. If the City desires to refinance or transfer the Property, Tenant agrees to deliver to the City or any lender or transferee designated by the City such financial information concerning Tenant as may be reasonably required by such lender or transferee and is reasonably available to Tenant. All such financial information shall be received by the City in confidence to the extent allowed by applicable laws.

31. Discrimination and Conflicts of Interest. With regard to the farming operations involving the Property, Tenant agrees it shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry or national origin. Tenant also warrants Tenant has not entered and will not enter into any arrangement to pay financial consideration to, and has not made and will not make any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code Sections 87100 et seq.).

32. Recordation. Tenant shall cause a notice of this Lease agreement to be recorded with the Kern County Recorder within 30 days of approval by the parties, and Tenant shall provide all signatures or take any other actions necessary to allow the City to accomplish the same.

Upon termination or expiration of the Lease, Tenant shall promptly cooperate with City to effectuate removal of the notice of the Lease recorded with the Kern County Recorder.

33. Representation by Counsel/Understanding. The parties acknowledge that they have been, or had the opportunity, to be represented by counsel of their choice and have had the opportunity to receive independent legal advice from such counsel with respect to the negotiation and advisability of entering into this Lease. Each of the parties acknowledges that it has fully read and understood this Lease, and is executing this Lease freely, voluntarily, with full knowledge of its significance, and without duress, undue influence or coercion.

34. Non-Applicability of Rule of Construction/Enforceability. Prior to the execution of this Lease, each party reviewed this Lease, made any desired changes, and signed this Lease to indicate the agreement of the parties, and had the opportunity for legal counsel to approve this Lease as to form. The rule of construction that any ambiguities are to be construed against the drafting party shall not be employed in interpreting this Lease. To the extent any provision or term of this Lease is held unenforceable, the remaining terms and provisions shall remain in full force and effect, and enforceable.

35. Entire Agreement. This Lease (together with the exhibits and schedules, if any, referenced herein and appended hereto) constitutes the entire agreement between the City and Tenant with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral or written. This Lease may not be amended or modified in any respect whatsoever except by an instrument in writing signed by the City and Tenant.

36. Counterparts. This Lease may be executed in several counterparts which, when taken together, shall constitute the entire Lease.

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37. No Third-Party Beneficiaries. The terms of this Lease are for the sole and exclusive protection and use of the Tenant and City. No third-party beneficiary is created by this Lease, and no provision of this Lease shall operate or inure to the use and benefit of any such third party.

38. Authority to Execute Agreement. Each party warrants and represents to each other that the person(s) whose signature appears below their respective name is duly authorized and has full authority to execute this Lease on behalf of the entity appearing above such signatures.
{Signatures on Following Page}

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IN WITNESS WHEREOF, City and Tenant have entered into this Lease on the day and year first above written.

CITY: City of Arvin and Successor
Agency to Arvin Community
Redevelopment Agency
By:

TENANT: Apothio, LLC, an Indiana limited
liability company, and Quantum Farms, LLC, a
California limited liability corporation
By:

Jeff Jones, City Manager
By: ___________________________________
ATTEST:

By:

APPROVED AS TO FORM
By:

Cecilia Vela, City Clerk Attorney for Tenant

APPROVED AS TO FORM
By:
*Provide notarial acknowledgement for signature
Nathan M. Hodges, City Attorney
Attachments:

Attachment “A” – City of Arvin Agricultural Lease
Attachment “B” – Map of Property

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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Attachment “A”
Agricultural Lease Agreement between City of Arvin and
Apothio, LLC dated April 1, 2021.

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22002200GGooooggllee

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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Attachment “B”
Map of Property Leased

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CITY OF ARVIN
Staff Report
Special Meeting Date: June 27, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Approval of Emergency Improvement Capital Account Credit Agreement between the City of Arvin and Quantum Farms, LLC for Emergency Repairs.

Purpose:

The approval of the Capital Account contract between the City of Arvin and Quantum Farms, LLC (“Quantum”) will provide a one-time reimbursement of $54,000.00 for imminent emergency repairs. Staff recommends the Council approve the agreement as to its material terms, and authorize the City Manager to make any non-material, technical, and clerical edits and corrections to the agreement subject to approval as to form by City Attorney.

Background:

In late September of 2021, Arvin City Engineer, Adam Ojeda, notified Dr. Trent Jones, CEO of Apothio and Quantum of an imminent emergency at the Arvin Wastewater Treatment Plant (WWTP), specifically surrounding the 200+ million gallon, secondary effluent storage tank, named Earthen Tank #3. This unlined earthen tank was leaking profusely along the entire southwest side (along Rancho Road) of the tank from deep below the ground, and to the surface.

Adam was genuinely concerned that this tank would suffer catastrophic failure and hemorrhage across Rancho Road, first flooding Grimmway’s Organic Farm with secondary effluent.

Additionally, the hydraulic pressure of a 20 foot deep, 200+ million gallons create on the sides of an unlined tank are enormous, so the first emergency order was to begin draining Earthen Tank #3 as quickly as possible.

Additionally, once the California Regional Water Board (CRWB) was notified, via a video conference, Mr. Clay Rodgers, Assistant Executive Director of the Central Valley Regional Control Water Board, literally screamed at Adam purporting that if “that tank hemorrhages, he will ensure that Arvin is sued into oblivion by the CRWB, ensuring that Arvin would no longer exist as an incorporated California City”.

The leading issue is that the City of Arvin did not have the money, engineers, equipment or staff to fulfill this task, which meant that our small group had to begin emergency engineering and repairs to an already dilapidated Arvin farm irrigation network to drain Earthen Tank #3 as quickly as possible. Also, to be clear, we received no assistance from the Veolia WWTP Team.

In fact, Veolia would notify the CRWB if they felt that we were pumping the water incorrectly or beyond agronomic rates.

It is also very important to note that by December 2021, Mr. Clay Rodgers, CRWB, declared a state of emergency in Arvin regarding the imminent hemorrhage of Earthen Tank #3. Mr.

Rodgers instructed the City to immediately drain Earthen Tank #3 and without concern for normal agronomic water rates on the land. Thus, City Manager Jeff Jones, City Engineer Adam

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Attachment: June 27, 2023 Staff Report Quantum Farms, LLC_Emergency Improvement Capital Account Credit Agmt (Modification to Quantum Ojeda and Apothio/Quantum CEO, Trent Jones agreed to fully engage, complete this task as quickly and as inexpensively as we can, and most importantly, we completed the task.

Thus, as a working Team, we completed the following tasks:

1. All costs were paid out of pocket by Quantum Farms, and does not include any form of a profit margin.

2. There are well over 25,000 linear feet of old, dilapidated 16" - 24" plastic and concrete irrigation pipe routed throughout the original Arvin Farm. For example:
a. There is over 2,700 feet linear feet of concrete irrigation pipe on the north side of the City Reserve Farm. However, historically, someone used heavy equipment to destroy the underground concrete pipe approximately every 30 feet of concrete.

There were dozens of fractures like this in that 2,700 foot stretch of pipe alone.

These repairs were made to add the 75 acres of effluent discharge on the City’s property.
b. In order to irrigate the Garcia Farm, there is a City owned 1,275 foot section of pipe from the City well pump and the southern border of Banana Lakes. The majority of that irrigation pipe was intentionally destroyed or damaged throughout that section, and required repairs to add these 75 acres of effluent discharge.

3. The first 20 months of time spent was the most rigorous used, engineer, repair and manage Arvin's WWTP secondary effluent and Farm infrastructure to the point of taking Earthen Tank #3 (ET#3) offline by mid-2022.

4. The first 12 months of the emergency required an extreme amount of labor to engineer, plan and physically repair existing infrastructure to properly empty ET #3.

5. Once the ET #3 was empty we continued with a tremendous amount of irrigation pipe repairs, especially on the south side of Banana Lakes, and the west side of the City Residential Farm.

6. From mid-2022 to current, Quantum has spent a significant amount of time preparing for and presenting at the CRWB meetings and hearing. We have never added any cost to the City for these efforts. Also, Dr. Trent Jones has not added any cost for the countless personal hours spent supporting Arvin, Engineering, managing the capital expenditures and preparing for CA Regional Water Board.

7. Per the CRWB, there are significant, ongoing repairs of pumps, valves, pipe and repairs to ensure Arvin’s compliance with the WDR & CRWB.

8. Per Dr. Jones and Team’s request, a large number of Engineers, Managers & Compliance Staff have delivered significant pro bono hours of advice, consult and actual work on this case.

9. Per the Apothio/Quantum Farm Lease Contract, these capital costs do not include any "standard", contracted farming costs. Those are separate and apart from this Capital Account and are solely borne by Quantum Farms for the production of the hay.

Introduction:

City Manager Jeff Jones, City Engineer Adam Ojeda and Apothio/Quantum CEO, Trent Jones agreed to complete this task as quickly and as inexpensively as possible. Most importantly, we completed the task, Earthen Tank #3 is empty, the City is no longer at risk, Carollo Engineering has been engaged to submit a $180 million grant request for a new WWTP and the CRWB is both relieved and pleased with the work that we have all done.

4.I.5
Attachment: June 27, 2023 Staff Report Quantum Farms, LLC_Emergency Improvement Capital Account Credit Agmt (Modification to Quantum In good faith, Dr. Jones and Quantum Farms completed this task without a signed and completed contract. Now it is the City’s turn to approve and complete the “Capital Account” with Quantum Farms for $542,620.20, while providing the $54,000.00 cash reimbursement. The cost to perform this work is exponentially lower than any other actual cost Arvin could have achieved.

The balance of the monies owed to Quantum Farms will not accrue interest, but will be reduced through future rental fees, city fees, or permit fees charged to Quantum; thereby, reducing the balance of the capital account to the point of zero dollars.

Analysis:

Staff reviewed Apothio’s/Quantum proposal on the basis of:

1. Responsiveness to the Request for Proposals and understanding of the scope of work. Dr. Jones and Team went well beyond expectations in the response to the WWTP Earthen Tank Emergency.

2. Qualification and experience of the firm and individual staff members. This Team consistently delivered support engineering teams, while successfully making the improvements needed.

3. References.

4. Lease structure and payments proposed
After reviewing this proposal, staff believes that the Apothio/Quantum Team has proven to the City of Arvin that they are qualified and capable to undertake the obligations set forth in this Agreement such that recommends that the City Council award this contract to Quantum.

Fiscal Impact:

The cost of making these repairs far outweighs the disastrous consequences of the Earthen Tank #3 disaster. This successful work and repairs ensure the future existence, future grants and future growth of the City of Arvin.

4.I.5
Attachment: June 27, 2023 Staff Report Quantum Farms, LLC_Emergency Improvement Capital Account Credit Agmt (Modification to Quantum

Page 1 of 2 ends

Staff Report – Confirming and Ordering Annual Levy of Assessments FY 23-24 LLMD No. 1

CITY OF ARVIN
Agenda Report
Meeting Date: July 25, 2023
TO: Arvin City Council
FROM: Oscar Fuentes, City Engineer
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2023-24 for Landscaping and Lighting Maintenance District No. 1.

BACKGROUND
The City of Arvin maintains various landscape, lighting and drainage improvements within the boundaries of Landscape and Lighting Maintenance District No. 1. A report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public. The Engineer’s Report was completed and approved by the City Council on July 11th , 2023, and a public hearing was set for July 25th, 2023. The Engineer’s Report listed the proposed parcels to be assessed, the estimated cost of maintenance and operation of the District and maps showing the parcels in the District. The areas included in Landscape Maintenance District No. 1 are tracts 5460 (phases 1-4), 5791, 5813, 5816 (phases 1-9 and 12), 5839, 5854, 5865, 5894 (phases 1-3), 6029, 6052 (phase 1-2), 6174, 6292, 6372, Tract 5816, Phase 11A, Arvin Family Apartments, La Amistad Apartments, and the Hood Street Family Apartments, Taco Bell and associated parcels and Arvin Palace (see the attached Exhibit “A”).

A notification of the publication was published in the Bakersfield Californian on July 14th, 2023; at least 10 days prior to the public hearing in accordance with the Landscaping and Lighting Act of 1972. After the public hearing, should the City Council adopt the Resolution, the Engineer’s Report will be signed by the City Clerk, and the City Clerk will transmit the document and a certified copy of the signed resolution to the Kern County Auditor-Controller, Office of Special Assessments no later than August 1st, 2023.

RECOMMENDATION
Staff recommends that the City Council open the public hearing, receive testimony from the public, close the public hearing and adopt the resolution confirming the annual levy of assessments and annexations for fiscal year 2023-24 for the Landscaping and Lighting Maintenance District No. 1.

5.A.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 1_072523 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 23-24)

Page 2 of 2 ends

Staff Report – Confirming and Ordering Annual Levy of Assessments FY 23-24 LLMD No. 1

FISCAL IMPACTS
The funds from the Maintenance District will be collected by the Kern County Assessor’s Office and disbursed to the City as a special assessment. When collected, these assessments will go to their respective funds to pay for the maintenance and operation of the landscaping, walls, drainage, and administration of the District. There will be no increase in fees from the previous year.

ATTACHMENTS
Resolution
Exhibit - Existing Boundaries
Public Hearing Notice

5.A.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 1_072523 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 23-24) Reso Confirming LLMD No. 1 FY 2023-2024

Page 1 of 3 ends

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

CONFIRMING AND ORDERING THE ANNUAL LEVY OF ASSESSMENTS
FOR FISCAL YEAR 2023-24 FOR LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 1.

WHEREAS, on June 27
th, 2023, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), the City Council of the City of Arvin did declare its intention to review, levy and collect the annual assessment for Landscaping and Lighting Maintenance District No. 1 of the City of Arvin (“District”) for fiscal year 2023-24; and WHEREAS, assessments levied within the District provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streets and sidewalks, landscaping, irrigation systems, and other appurtenant facilities; and WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said District; and WHEREAS, on June 27th, 2023, pursuant to the provisions of the Act, the City Council initiated proceedings by resolution for the levy and collection of assessments against the assessable lots and parcels of land in the District for Fiscal Year 2023-24 and directed the City Engineer, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and
WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer prepared and filed such report (the “Engineer’s Report”) with the City Clerk, and the City Clerk has presented the Engineer’s Report to the City Council; and WHEREAS, on July 11th, 2023, the City Council adopted a resolution approving the Engineer’s Report which calculated the annual assessments for the parcels in said District, as filed pursuant to Section 22623 of the Act, and
WHEREAS, on July 11th, 2023, the City Council adopted a resolution which set the time and place for a Public Hearing, and
WHEREAS, the public notice of the Resolution of Intention and the Public Hearing scheduled for July 25, 2023, was duly published on July 14, 2023 in the Bakersfield, Californian. ///
///

5.A.2
Attachment: Reso Ordering Levy for LLMD No 1_072523 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 23-24) Reso Confirming LLMD No. 1 FY 2023-2024

Page 2 of 3 ends

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2. That the hearing on said annual levy of assessment was held in accordance with law and all persons desiring to speak were heard.

Section 3. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within an existing assessment district designated “Landscaping and Lighting Maintenance District No. 1 of the City of Arvin” (the “District”) pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay for the costs and expenses of the improvements described in the Report.

Section 4. The City Council hereby determines that the territory within the District, whose boundaries are set forth in the Engineer’s Report, on file with the City Clerk of the City of Arvin, will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer’s Report with annexations.

Section 5. That the Report, the diagram for the assessment district and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Report, is adopted and approved, and that the assessment of the total amount of the costs and the individual assessments thereof upon the several subdivisions of lane expenses, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby is finally approved and confirmed as the assessment to pay the costs. The assessment for fiscal year 2023-24 is proposed to remain the same.

Section 6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Report.

Section 7. The assessment diagram showing the assessment district referred to in said Resolution of Intention, and also the subdivision of land within the District, as contained in said Engineer’s Report, including the land annexed therein, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.

Section 8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Kern County Auditor-Controller no later than August 1 st
, 2023.

Section 9. Based upon a review by the City Clerk, City Engineer and City Attorney for the City of Arvin, it has been determined that the District’s annual CPI assessment to remain the same as is described in this Resolution is exempted from the requirements of Article XIII Section “D” of the California Constitution (Proposition 218).
///

5.A.2
Attachment: Reso Ordering Levy for LLMD No 1_072523 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 23-24) Reso Confirming LLMD No. 1 FY 2023-2024

Page 3 of 3 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 25th day of July 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

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

5.A.2
Attachment: Reso Ordering Levy for LLMD No 1_072523 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 23-24)

5.A.3
Attachment: Exhibit A LLMD No. 1 Exisiting Boundaries_072523 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 23-24)

NOTICE OF PUBLIC HEARING

CITY OF ARVIN
NOTICE IS HEREBY GIVEN THAT THE ARVIN CITY COUNCIL will hold a public hearing in the Council Chambers at 200 Campus Drive, Arvin, CA, on Tuesday, July 25 th, 2023 at 6:00 pm for the consideration and
possible adoption of:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO LEVY AND COLLECT ASSESSMENTS ON LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS No. 1 AND No. 2 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE MAINTENANCE AND

SERVICING OF LIGHTING AND LANDSCAPING AND SETTING THE TIME AND PLACE OF THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS.

ALL INTERESTED PARTIES are invited to attend said HEARING and express opinions or submit evidence for or against the subject outlined above. The flat rate assessment, as adjusted by the previously approved Consumer Price Index (CPI), for Landscape and Lighting Maintenance Districts No. 1 and No. 2 in the City of Arvin for Fiscal Year 2023-24 will be continued for the parcels currently in the Districts. The purpose of these Districts is for the maintenance, servicing and operation of the landscape, lighting and storm drain basin improvements within the District.

The engineer’s report was accepted by the City during the July 11th, 2023 council meeting, and publication of this notice complies with Sections 22552 and 22553 of the California Streets and Highways Code.

This hearing may be conducted remotely (via telephone, video conferencing, or other means that would allow public participation without in-person attendance) consistent with state, local, or executive orders related to the state of emergency associated with the COVID-19 pandemic. The Agenda for the hearing will be updated as necessary to provide further information regarding remote hearing measures and means of attendance, and the Agenda should be reviewed for additional information prior to attendance.

FURTHER INFORMATION on the public hearing subject may be obtained or viewed at City Hall or by telephone (661) 854-3134.

NOTICIA DE AUDIENCIA PÚBLICA

CIUDAD DE ARVIN
POR ESTE CONDUCTO SE NOTIFICA QUE EL CONCEJO MUNICIPAL DE ARVIN conducirá una audiencia pública en la Cámara del Concejo Municipal localizada en 200 Campus Drive, Arvin, Ca, el Martes, 25 de Julio, 2023 a las 6:00 pm de la tarde para la consideración y posible adopción de lo siguiente:

UNA RESOLUCIÓN DEL MUNICIPIO DE LA CIUDAD DE ARVIN PARA EVALUAR Y RECAUDAR EVALUACIONES EN EL DISTRITOS DE MANTENIMIENTO DEL PAISAJE E ILUMINACIÓN No. 1 Y No. 2 DE ACUERDO CON LA LEY DE PAISAJISMO Y ALUMBRADO DE 1972 PARA EL MANTENIMIENTO Y SERVICIO DE ILUMINACIÓN Y PAISAJE Y CONFIGURACIÓN DEL TIEMPO Y LUGAR DE LA POBLACIÓN PROPUESTA Y RECOGIDA DE EVALUACIONES.

TODAS LAS PARTES INTERESADAS están invitadas a asistir a dicha AUDIENCIA y expresar opiniones o presentar evidencia a favor o en contra del tema descrito anteriormente. La evaluación de la tarifa plana, ajustada por el índice de precios al consumidor previamente aprobado, para Mantenimiento de Paisajes e Iluminación El Distritos No. 1 y No. 2 en la Ciudad de Arvin para el Año Fiscal 2023-24 continuará para las parcelas actualmente en los Distritos. El propósito de estos distritos es para el mantenimiento, el servicio y la operación de las mejoras en el paisaje, la iluminación y la cuenca de desagüe pluvial dentro del distrito.

El reporte del ingeniero fue aceptado por la ciudad durante la reunión del Consejo el 11 de Julio de 2023, y la publicación de este aviso cumple con las secciones 22552 y 22553 de las calles de California y Código de Carreteras.

5.A.4
Attachment: Public Hearing Notice LLMD 1 and 2 FY 23-24 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 23-24) Esta audiencia puede llevarse a cabo de forma remota (por teléfono, videoconferencia u otro medio que permita la participación pública sin asistencia en persona) de acuerdo con las órdenes estatales, locales o ejecutivas relacionadas con el estado de emergencia asociado con la pandemia COVID-19. La Agenda para la audiencia se actualizará según sea necesario para proporcionar más información sobre las medidas de audición remota y los medios de asistencia, y la Agenda debe ser revisada para obtener información adicional antes de la asistencia.

INFORMACIÓN ADICIONAL sobre el tema de la audencia pública se puede obtener o examinar en el Ayuntamiento de la Ciudad de Arvin o llamando al teléfono (661) 854-3134.

Published: Bakersfield Californian, July 14, 2023

5.A.4
Attachment: Public Hearing Notice LLMD 1 and 2 FY 23-24 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 23-24)

Page 1 of 2 ends

Staff Report – Confirming and Ordering Annual Levy of Assessments FY 23-24 LLMD No. 2

BACKGROUND
The City of Arvin maintains various landscape, lighting, and drainage improvements within the boundaries of Landscape and Lighting Maintenance District No. 2. A report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public. The Engineer’s Report was completed and approved by the City Council on July 11th, 2023, and a public hearing was set for July 25th, 2023. The Engineer’s Report listed the proposed parcels to be assessed, the estimated cost of maintenance and operation of the district and maps showing the parcels in the District. The areas included in Landscape Maintenance District No. 2 are Tracts 6407, 6408, 6409, 6667, 6756, 6677 Phase 1 and 2, 5816 phase 10A and 10B, 7321 as well as Garden in the Sun Park and a portion of Walnut Street.

A notification of the publication was published in the Bakersfield Californian on July 14th, 2023; 10 days prior to the public hearing in accordance with the Landscaping and Lighting Act of 1972. After the public hearing, should the City Council adopt the Resolution, the Engineer’s Report will be signed by the City Clerk, and the City Clerk will transmit the document and a certified copy of the signed resolution to the Kern County Auditor-Controller, Office of Special Assessments no later than August 1st, 2023.

5.B.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 2_072523 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 23-24) Page
2 of 2
Staff Report –Confirming and Ordering Annual Levy of Assessments FY 23-24 LLMD No. 2

ATTACHMENTS
Resolution
Exhibit- Location Map
Public Hearing Notice

5.B.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 2_072523 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 23-24) Reso Confirming LLMD No. 2 FY 2023-2024

Page 1 of 3 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

CONFIRMING AND ORDERING THE ANNUAL LEVY OF
ASSESSMENTS FOR FISCAL YEAR 2023-24 FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2.

WHEREAS, on June 27
th, 2023, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), the City Council of the City of Arvin did declare its intention to review, levy and collect the annual assessment for Landscaping and Lighting Maintenance District No. 2 of the City of Arvin (“District”) for fiscal year 2023-24; and WHEREAS, assessments levied within the District provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streets and sidewalks, landscaping, irrigation systems, and other appurtenant facilities; and WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said District; and WHEREAS, on June 27th, 2023, pursuant to the provisions of the Act, the City Council initiated proceedings by resolution for the levy and collection of assessments against the assessable lots and parcels of land in the District for Fiscal Year 2023-24 and directed the City Engineer, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and
WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer prepared and filed such report (the “Engineer’s Report”) with the City Clerk, and the City Clerk has presented the Engineer’s Report to the City Council; and WHEREAS, on July 11th, 2023, the City Council adopted a resolution approving the Engineer’s Report which calculated the annual assessments for the parcels in said District, as filed pursuant to Section 22623 of the Act, and
WHEREAS, on July 11th, 2023, the City Council adopted a resolution which set the time and place for a Public Hearing, and
WHEREAS, the public notice of the Resolution of Intention and the Public Hearing scheduled for July 25
th
, 2023, was duly published on July 14th, 2023 in the Bakersfield, Californian.
///
///

5.B.2
Attachment: Reso Ordering Levy for LLMD No 2_072523 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 23-24) Reso Confirming LLMD No. 2 FY 2023-2024

Page 2 of 3 ends

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2. That the hearing on said annual levy of assessment was held in accordance with law and all persons desiring to speak were heard.

Section 3. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within an existing assessment district designated “Landscaping and Lighting Maintenance District No. 2 of the City of Arvin” (the “District”) pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay for the costs and expenses of the improvements described in the Report.

Section 6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Report.

Section 8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Kern County Auditor-Controller no later than August 1 st
, 2023.

5.B.2
Attachment: Reso Ordering Levy for LLMD No 2_072523 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 23-24) Reso Confirming LLMD No. 2 FY 2023-2024

Page 3 of 3 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 25th day of July 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

5.B.2
Attachment: Reso Ordering Levy for LLMD No 2_072523 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 23-24)

5.B.3
Attachment: Exhibit F LLMD No. 2 Location Map_072523 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 23-24)

NOTICE OF PUBLIC HEARING

SERVICING OF LIGHTING AND LANDSCAPING AND SETTING THE TIME AND PLACE OF THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS.

FURTHER INFORMATION on the public hearing subject may be obtained or viewed at City Hall or by telephone (661) 854-3134.

NOTICIA DE AUDIENCIA PÚBLICA

5.B.4
Attachment: Public Hearing Notice LLMD 1 and 2 FY 23-24 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 23-24) Esta audiencia puede llevarse a cabo de forma remota (por teléfono, videoconferencia u otro medio que permita la participación pública sin asistencia en persona) de acuerdo con las órdenes estatales, locales o ejecutivas relacionadas con el estado de emergencia asociado con la pandemia COVID-19. La Agenda para la audiencia se actualizará según sea necesario para proporcionar más información sobre las medidas de audición remota y los medios de asistencia, y la Agenda debe ser revisada para obtener información adicional antes de la asistencia.

INFORMACIÓN ADICIONAL sobre el tema de la audencia pública se puede obtener o examinar en el Ayuntamiento de la Ciudad de Arvin o llamando al teléfono (661) 854-3134.

Published: Bakersfield Californian, July 14, 2023

5.B.4
Attachment: Public Hearing Notice LLMD 1 and 2 FY 23-24 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 23-24) Staff Report – Adoption & Second Reading of Ordinance Title 17 Zoning Code Amendments.

Page 1 of 5 ends

CITY OF ARVIN
City Council

STAFF REPORT
Meeting Date: July 25, 2023
TO: City Council
FROM: Chris Soriano, City Planner
Jake Raper, Planning Consultant
Jeffery Jones, City Manager / Finance Director

SUBJECT: A Public Hearing to Consider Second Reading and Adoption of An Ordinance of the City Council of the City of Arvin Adopting Code Amendments, CA No. 2023-03, to Title 17 Zoning to Amend Chapter 17.05 Uses Permitted Subject to Administrative Approval; Add Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit; Amend Chapter 17.10 R-2 TwoFamily Dwelling Zone; Amend Chapter 17.12 R-3 Limited Multiple-Family Dwelling Zone; Amend Chapter 17.14 R-4 Multiple-Family Zone; Amend Chapter 17.60 Site Development Permits; Add Chapter 17.72 Multiple-Family Residential Design Review; and Accept CEQA Determination of A Mitigated Negative Declaration of the California Environmental Quality Act (CEQA).

BACKGROUND – PLANNING COMMISSION ACTION OF JUNE 20, 2023:

The Planning Commission, at the conclusion of their public hearing on June 20, 2023, and upon the results of the Initial Study for the amendments to Title 17 Zoning and Update of the Land Use Element recommended that the City Council approve the projects. Planning Commission Resolution No. APC 2023-08 on file at the City Clerks’ office.

ZONING CODE AMENDMENTS CA-2023-03 ADDING AND AMENDING VARIOUS CHAPTERS OF TITLE 17 ZONING ESTABLISHING DENSITY INCREASES,

ESTABLISHING MINISTERIAL REVIEW OF HIGH-DENSITY RESIDENTIAL DEVELOPMENT, AND CLARIFYING REVIEW PROCESS:

On September 19, 2017, the City Council adopted Resolution No. 2017-92 authorized the City Manager request to bring forward various code amendments; whenever the public necessity, convenience, general welfare, or good practices justify such action. To achieve this effort, the City Manager is recommending that the Planning Commission and City Council add and amend various chapters of the Arvin Municipal Code Title 17 Zoning.

This Project is funded by SB 2 grant by the State of California Department of Housing and Community Development for the purpose of providing additional opportunities for housing, in line with the goals contained in the Arvin General Plan and 2013-2023 Housing Element and the updated 2023-2031 Housing Element. The General Plan estimates a population increase of more than 20,000, which is double the existing population. In addition, the 2013-2023 Housing Element indicated a need for 1,168 residential units for the planning period from 2013 to 2023. Based upon preliminary analysis, approximately 225 residential units were constructed during the 10-year cycle.

5.C.1
Attachment: 1 Staff Report Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Staff Report – Adoption & Second Reading of Ordinance Title 17 Zoning Code Amendments.

Page 2 of 5 ends

The additions and amendments to Title 17 Zoning are summarized below:

1. Deleting of and Addition of Chapter 17.05 Uses Permitted Subject to Administrative Approval establishes the application process for approval- review procedure by the City Planner.

2. Adding Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit establishes and regulates the ministerial review and approval of Multiple family residential development in compliance with Chapter 17.72 Multiple Family residential Design Review.

3. Amending Chapter 17.10 R-2 Two-Family Dwelling Zone establishes Permitted Uses, Other Uses Permitted, modifies the front yard setback, modifies lot coverage; and establishes minimum lot size.

4. Amending Chapter 17.12 R-3 Limited Multiple-Family Dwelling Zone establishes Permitted Uses, Other Uses Permitted, modifies the front yard setback, modifies lot coverage; and establishes minimum lot size.

5. Amending Chapter 17.14 R-4 Multiple-Family Zone establishes Permitted Uses, Other Uses Permitted, modifies the front yard setback, modifies lot coverage; and establishes minimum lot size, and establishes Environmental Justice Site Elevation Process

6. Amending Chapter 17.60 Site Development Permits establishes Permitted Uses, Other Uses Permitted, modifies the front yard setback, modifies lot coverage; and establishes minimum lot size, and establishes Environmental Justice Site Elevation Process.

7. Adding Chapter 17.72 Multiple-Family Residential Design Review establishes objective standards for review and approval by City Staff.

First reading of this Ordinance was considered and approved by the Arvin City Council at their meeting of July 11, 2023.

SUMMARY:

The ordinance amendments will change various provisions of Title 17 Zoning relating to designation of the City Planner as the primary staff that will intake residential development applications, review for compliance, and take appropriate action on the development application.

The revisions to Title 17 Zoning increase the permitted densities, simplifies the review and approval of residential projects, where in compliance with Chapter 17.72 Multiple-Family Residential Design Review and will be exempt from the California Environmental Quality Act and will not require environmental analysis.

The proposed code amendments, CA 2023-03, will allow more efficient administration and enforcement by the city and other public agencies as well as simplify the entitlement process for residential development. This action will support the goal of the City Council in the streamlining project review and administration of development process and for residential development projects in the City of Arvin.

PUBLIC HEARING NOTICE:

Public hearing notice was published 1/8 Page ad in the Bakersfield California on June 29, 2023, providing a 10-day review, in accordance with Government Code Sections 65854, and 65090. (Public Hearing Notice on File at the City Clerk’s Office) In addition, the full and complete ordinance is available on the City of Arvin’s website, www.arvin.org.

PROJECT ANALYSIS AND ENVIRONMENTAL REVIEW:

Page 3 of 5 ends

The Initial Study and supporting documentation are on file at the City Clerk’s Office located at 200 Campus Drive, Arvin, CA 93203. Based upon the conclusions of the Initial Study, results from consultation and public noticing, Staff is recommending that the Planning Commission recommend that the City Council adopt the resolution accepting the Mitigated Negative Declaration as the appropriate CEQA action and adopt a Mitigation Monitoring Program.

Precision Civil Engineering, Inc. (PCE) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of the City of Arvin (City) to address the environmental effects of the proposed City of Arvin General Plan Amendment No. 2023-03 and Code Amendment to Title 17 Zoning – CA No. 2023-03 also advertised as (Multiple Family Residential Development General Plan Amendment and Code Text Amendment). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Arvin is the Lead Agency for this proposed Project.

No physical development is proposed by the Project, the Initial Study analyzes the potential buildout of the Project site at a programmatic level, using reasonable assumptions so that future development of the site can tier from this Initial Study pursuant to CEQA Guidelines Section 15168(c)(1) and 15168(d) for evaluations of environmental issues associated with later activities/subsequent projects. However, depending on the final design of future physical development, additional project specific CEQA review may be required as determined by the City through the entitlement review and approval process.

The Precision Civil Engineering, Inc. (PCE), under contract with the City of Arvin, has prepared a series of analysis that have analyzed the potential infrastructure and service needs and has completed an appropriate environmental study which is applicable to proposed project. Various analysis includes traffic, water, and sewer that address the infrastructure needs to serve the project.

Other analyses completed were air quality, aesthetics, biological resources, greenhouse gas emissions, population and housing, agricultural resources, cultural resources, hazards and hazardous materials, mineral resources, public services, tribal cultural resources, geology and soils, hydrology and water, noise, recreation and utilities and service systems.

Conclusions of these studies and the completion of the Initial Study for the project have resulted in the preparation of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program. The filing and public notice has been submitted for public review and comment as required by the California Environmental Quality Act.

Summary of Mitigation Monitoring and Reporting Program has identified the following:

Air Quality – MM AIR-1 – technical assessment in consultation with the San Joaquin Air for projects exceeding 225 units.

Cultural Resources - MM CUL-1 – ground disturbance – exposing buried cultural resources; Cultural Resources – MM CUL-2 – discovery of human remains – Stop work and notification County Coroner.

Noise – MM NOI-1 – construction equipment, noise reduction measures, location of stationary construction equipment located to limit exposure to sensitive receptors; vehicle staging areas as far as possible from sensitive receptors.

Transportation – MM Trans-1 – traffic study required where thresholds are exceeded.

Transportation – MM Trans-2 – road improvements required.

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Utilities and Service Systems – MM UTL-1 – water system analysis and upgrade may be required.

Tribal Cultural Resources – See Cultural Resources mitigation measures.

CEQA NOTICING AND CONSULTATION:

PUBLIC NOTICE: The City provide a Notice of Intent to adopt a Mitigated Negative Declaration in compliance with section 15072 and in compliance with subsection b, published the 1/8 Page ad for the Intent to Adopt a Mitigated Negative Declaration in the, Bakersfield Californian, local newspaper providing a 30-day notice. Upon approval of the project, Staff will, at the direction of the City Council, file a Notice of Determination reflecting the action of the City Council.

CONSULTATION WITH CALIFORNIA NATIVE AMERICAN TRIBES:

The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the CEQA Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project.

Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes.

Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality.

A consultation list of tribes with traditional lands or cultural places located within Kern County was requested and received from the California Native American Heritage Commission (NAHC) on August 8, 2022. The listed tribes include Big Pine Paiute Tribe of the Owens Valley, Coastal Band of the Chumash Nation, Kitanemuk and Yowlumne Tejon Indians, Tejon Indian Tribe, and Tule River Indian Tribe. The NAHC also conducted a Sacred Lands File (SFL) check which received negative results.

The City of Arvin conducted formal tribal consultation pursuant to AB 52 (Chapter 532, Statutes 2014) and SB 18 (Chapter 905, Statutes 2004) on August 19, 2022, and December 16, 2022, utilizing the consultation list of tribes received from the NAHC. The same five (5) tribes listed above were included in the formal consultation. Consultation for AB 52 ended on September 18, 2022, and January 15, 2023, and consultation for SB 18 ended on November 17, 2022 and March 16, 2023. No response was received. No comments were received because of the tribal consultation.

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RECOMMENDATION – CITY COUNCIL ACTION:

Staff recommends to approve the adoption of 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.

FINANCIAL IMPACT:

The project is funded by an SB2 Grant which off-set the costs of the consultant’s contract in the preparation of the investigation, environmental documentation, staff support in the review and preparation of the planning commission and city council reports.

END OF REPORT.

Exhibits and Attachments:
• Ordinance No. XX, CA No. 2023-03, Code Amending Chapter 17.05 Uses Permitted Subject to Administrative Approval; Adding Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit; Amending Chapter 17.10 R-2 Two-Family Dwelling Zone; Amending Chapter 17.12 R-3 Limited Multiple-Family Dwelling Zone; Amending Chapter 17.14 R-4 Multiple-Family Zone; Amending Chapter 17.60 Site Development Permits; Adding Chapter 17.72 Multiple-Family Residential Design Review; and Accept CEQA Determination of A Mitigated Negative Declaration of the California Environmental Quality Act (CEQA).

Documents on file at City Clerk’s Office:

1. Initial Study – City of Arvin General Plan Amendment No. GPA 2023-03 and Zoning Code Amendment No. CA 2023-03 and Appendices A, B, and C.

2. Public Hearing Notice and mailing labels – City Council meeting of July 11. 2023.

3. Filing Notice of Intent with Kern County Clerk’s Office to adopt a Mitigated Negative Declaration.

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Ordinance Amending Various Chapters of Title 17 Zoning.

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING CODE AMENDMENTS, CA 2023-03, TO TITLE 17 ZONING TO AMEND CHAPTER 17.05 USES PERMITTED SUBJECT TO
ADMINISTRATIVE APPROVAL; ADD CHAPTER 17.055 MULTIPLE
FAMILY RESIDENTIAL DESIGN REVIEW MINISTERIAL PERMIT;
AMEND CHAPTER 17.10 R-2 TWO-FAMILY DWELLING ZONE;
AMEND CHAPTER 17.12 R-3 LIMITED MULTIPLE-FAMILY
DWELLING ZONE; AMEND CHAPTER 17.14 R-4 MULTIPLE-FAMILY
ZONE; AMEND CHAPTER 17.60 SITE DEVELOPMENT PERMITS; ADD CHAPTER 17.72 MULTIPLE-FAMILY RESIDENTIAL DESIGN
REVIEW; AND ACCEPT CEQA DETERMINATION OF A MITIGATED

NEGATIVE DECLARATION OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).

WHEREAS, the City Council desires to amend Title 17 Zoning as follows:

1. Deleting of and Addition of Chapter 17.05 Uses Permitted Subject to Administrative Approval establishes the application process for approvalreview procedure by the City Planner.

3. Amending Chapter 17.10 R-2 Two-Family Dwelling Zone establishes Permitted Uses, Other Uses Permitted, modifies the front yard setback, modifies lot coverage; and establishes minimum lot size.

7. Adding Chapter 17.72 Multiple-Family Residential Design Review establishes objective standards for review and approval by City Staff.

WHEREAS, on June 20, 2023, at after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony; and

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Ordinance Amending Various Chapters of Title 17 Zoning.

WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No. APC 2023-08, which recommended that the City Council adopt this Ordinance; and
WHEREAS, on July 11, 2023, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, oral and written testimony from members of the public; and
WHEREAS, after the above-mentioned City Council public hearing, the City Council now desires to amend:

1. Deleting of and Addition of Chapter 17.05 Uses Permitted Subject to Administrative Approval establishes the application process for approvalreview procedure by the City Planner.

3. Amending Chapter 17.10 R-2 Two-Family Dwelling Zone establishes Permitted Uses, Other Uses Permitted, modifies the front yard setback, modifies lot coverage; and establishes minimum lot size.

7. Adding Chapter 17.72 Multiple-Family Residential Design Review establishes objective standards for review and approval by City Staff.

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

1. The Recitals set forth above are true and correct and incorporated herein.

2. An Environmental Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were prepared by the City, as lead agency, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines and the City CEQA Guidelines, and sent to all responsible and trustee agencies and posted in the Office of the County Clerk.

3. The Notice of Intent to adopt a Mitigated Negative Declaration was filed with the Kern County Clerk’s office and a public review period of twenty (20) days from May 18, 2023, to June 5, 2023 was provided.

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4. Copies of the environmental document and additions, deletions, and amendments to Title 17 Zoning – Zonin Code Amendment 2023-03 were made available for public inspection during public review period at the City Clerk’s office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City’s website.

5. Based upon its own independent judgment and substantial evidence in the record of proceedings related to the Proposed Ordinance amendments, the City Council adopts the Mitigated Negative Declaration and adopt the Mitigation Monitoring Program under separate resolution.

6. This Ordinance establishes the opportunity for the efficient review and approval of high-density residential development and further supports the goals and policies of the City of Arvin’s Housing Element.

CODE AMENDMENTS ARE AS FOLLOWS:

1. DELETE CHAPTER 17.05 IN ITS ENTIRETY AND ADD CHAPTER 17.05 USES PERMITTED SUBJECT TO ADMINISTRATIVE APPROVAL AS FOLLOWS:

CHAPTER 17.05 USES PERMITTED SUBJECT TO ADMINISTRATIVE APPROVAL Sections:

17.05.010 Purpose of provisions.

The purpose of requiring administrative approval of certain enumerated uses is to enable the City Planner to determine whether, in any particular case, a use listed under a section of district regulations entitled "permitted uses: administrative approval" should be treated as a conditional use because of the peculiar circumstances and conditions of the case. The provisions of this chapter set forth a procedure for approval of such use by an administrative act where findings can be made by the City Planner that such use is in conformance with the intent and provisions of this chapter and take cognizance of the impracticality of listing certain uses as categorically possessing the characteristics of those listed under individual district.

17.05.020 Application for approval—Review procedure.

A. An application for administrative approval shall be submitted to the City Planner on a form prescribed by the City Planner . The application shall include a statement of the use proposed and an administrative use permit application. The application information shall contain the minimum information as well as other information that may be requested by the City Planner:

The applicant shall submit three (3) prints of the site plan, electronic files (flash drive). The site plan shall contain plot plans drawn to scale, and shall indicate clearly and with full dimensions the following information, where applicable:

1.. The name and address of the applicant and of all persons owning any or all of the property proposed to be used.

2.. Location of property involved (address or vicinity).

3. Legal description of property.

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4. Proposed facility or use.

5. The lot dimensions.

6. All buildings and structures and their location, size, height, and proposed uses;

7. Location and design of recreation areas.

8. Yards and spaces between buildings.

9. Walls and fences and their location, height, and materials.

10. Landscaping and sprinkling system, including location, type and plant names and proposed disposition of existing trees.

11.. Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system.

12. Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions.

13. Signs and their location, size and height.

14. Loading, including the location, dimensions, number of berths, internal circulation, and means of accessibility to structure or use served.

15. Lighting, including the location, general nature, and hooding devices, if any.

16. Street dedication and improvements.

17. Location of utilities and trash collection areas.

18. An appropriate description legend and North point.

19. Will Serve Letter from the Arvin Community Services District.

20. Clearance from the Kern County Fire Department.

21. Financial commitment to lessen the burden of cost in providing public services by joining or creating Landscape and Lighting District, joining, or creating a Benefit Assessment District, joining, or creating Community Services District, etc.

22. Such other data or information as may be required by the city.

B. The City Planner shall determine if the application is complete and if complete shall review the application for compliance with the provisions of Chapter 17.60 Site Development Permits and Chapter 17.70 Site Development Standards. Upon completion the review of a completed application and consultation with appropriate City Departments and purveyors of services, the City Planner shall state in writing either approval or disapproval of the proposed use, together with findings and reasons per Section 17.05.03 Grant of Application – Findings Required for such decision, within forty-five (45) working days of acceptance of a complete application excluding Saturday, Sundays, and legal holidays, of the filing of the application of a complete application. The findings and reasons of the City Planner may identify required improvements, dedications, bonding, financial obligations, etc.

C. In approving or disapproving the use, the City Planner shall advise of the decision to the applicant and designated representatives and shall advise of the right to appeal the decision in accordance with Section 17.05.050 Appeal to the Planning Commission.

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D. All uses subject to Administrative Approval pursuant to Section 17.05.080 Permitted Uses Designated—Administrative Approval shall be required to comply with the provisions of this chapter.

17.05.030 Grant of application—Findings required.

A. The City Planner may grant an application for administrative approval as the permit was applied for, or in modified form, if, based on the application and evidence submitted, the City Planner is able to make the following findings:

1. That the use will not involve any process, equipment, or materials which, in the opinion of the City Planner, will be objectionable to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion; and

2. That the proposed use will be harmonious with existing structures and uses of land in the vicinity.

3. That proposed signs will not by size, location or lighting interfere with traffic or limit visibility.

4. That the proposed use shall cause all necessary improvements of needed public facilities as identified by the city.

5. That the proposed use shall create, join and/or participate in the formation of community facilities district(s), lighting and landscape maintenance district(s), or other mechanisms to off-set current and future long-term maintenance of physical improvements to all necessary facilities such as road improvements, storm drainage facilities, sewer facilities, fire protection, police services and facilities, administrative services and facilities, etc.

6. Compliance with all applicable laws and ordinances.

7. Compliance with all applicable city policies duly adopted by a majority vote of the planning commission or the city council; and

8. Conformance to latest accepted planning and engineering standards covering the following area: site layout, building appearance and structural design, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire protection, access, traffic circulation and parking.

B. In making such findings, the City Planner shall consult with the city engineer, building official, Kern County Fire Department, Police Chief, City of Arvin Wastewater Manager, Arvin Community Service District, and other departments or agencies that may provide service to the proposed use to assure that approvals will be consistent with established legislative policies relating to traffic safety, street dedications, street improvements, utility service, and public safety.

17.05.040 Decision on application—Notice required.

One copy of the written decision of the City Planner approving or disapproving the application shall be signed and dated by the City Planner and mailed to the applicant, and all

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Ordinance Amending Various Chapters of Title 17 Zoning. purveyors of public services. The applicant, if in agreement with the decision of the City Planner, shall sign and certify their agreement to the findings and requirements as stated in Section

17.05.030 Grant of application—Findings required on a form provided by the City Planner.

17.05.050 Appeal to the planning commission.

The applicant or any aggrieved person may appeal, in accordance with S17.54.100 HearingNotice and Payment of Fees per Section 17.54.080(D), in writing and shall pay the established appeal fee as adopted by the city council setting forth the reason(s) for such appeal to the commission. Such appeal shall be filed with the city clerk within fifteen (15) calendar days after the mailing of the notice of such decision by the City Planner. If an appeal is filed, the City Planner upon completion of the staff report and upon completion of a public hearing notice shall transmit the completed report(s) to the City Clerk and upon receipt of said reports shall schedule the Planning Commission hearing date for consideration of the appeal. The commission shall review the administrative permit de novo and shall approve, approve with conditions, or disapprove, based on the findings set forth in Section 17.05.030 - Grant of application—Findings required. The decision of commission shall be final unless appealed to the City Council in accordance with Section 17.54.130 Decisions- Granting or denial - Notice.

17.05.060 Appeals to the council.

The applicant or any aggrieved person may appeal in writing and shall pay the established appeal fee as adopted by the council, setting forth reason(s) for such appeal to the council. Such an appeal shall be filed with the city clerk within fifteen (15) calendar days after the commission's decision. If an appeal is filed, the City Planner upon completion of the staff report and upon completion of a public hearing notice shall transmit the completed report(s) to the City Clerk and upon receipt of said reports shall schedule the City Council hearing date for consideration of the appeal. The council shall review de novo the site plan and shall approve, approve with conditions, or disapprove, based on the findings set forth in Chapter 17.72 Multiple Family Residential Design Review and Chapter 17.70 Site Development Standards; and Chapter 17.60 Site Development Permits of this Code. The decision of the council shall be final.

17.05.070 Building permits—Conditions.

Before a building permit shall be issued for any building or structure proposed as part of an approved application for administrative approval, the building division shall secure written clearance from the City Planner that the proposed structure and/or building location is in conformity with the approved administrative permit. Prior to the issuance of the Certificate of Occupancy is issued by the Building Official or final inspection, the building official/inspector shall receive clearances from the City Planner and other city departments and agencies that the site has been developed in accordance with the administrative permit and in compliance with Chapter 17.70 Site Development Standards.

17.05.080 Permitted uses designated—Administrative approval -By City Planner.

Administrative Approval of the following uses shall be reviewed and processed in compliance with Chapters 17.05 Uses Permitted Subject to Administrative Permit, 17.70 – Site Development Standards, where applicable:

A. All permitted uses in the R-1. the estate zones, and agriculture zones.

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B. Enclosed temporary construction materials storage yards required in connection with the development of subdivisions, remodeling of existing structures, temporary subdivision sales offices and signs, and model home display areas, and similar activities as may be determined by the City Planner in accordance with the regulations set forth in Chapter

17.05 Uses Permitted Subject to Administrative Approval.

D. Swimming pools for either individual, family, or communal use on an exclusive noncommercial basis; provided, however, no swimming pool or accessory mechanical equipment shall be located in a required front yard, or less than five (5) feet from a property line, or within a utility easement and shall be enclosed by a fence six (6) feet in height.

E. Accessory buildings and uses located on the same site as a permitted use.

F. Quasi home occupation and home occupation permits in accordance with the regulations set forth in sections 17.50.160 Home Occupation Permits and 17.02.310 Home Occupations of this title.

G. Additions of less than one thousand (1,000) square feet in the R residential and C commercial districts, and one thousand five hundred (1,500) square feet in the M manufacturing districts.

H. City, county, state and federal administrative offices, libraries, and police and fire stations.

I. Other activities not listed in Chapter 17.60 – Site Development Permits.

J. Residential care facilities with seven (7) or more persons will be allowed with administrative approval.”

2. ADD CHAPTER 17.055 MULTIPLE FAMILY RESIDENTIAL DESIGN REVIEW MINISTERIAL PERMIT AS FOLLOWS:

17.055 MULTIPLE FAMILY RESIDENTIAL DESIGN REVIEW MINISTERIAL PERMIT
Sections:

17.055.010 Purpose of provisions
The purpose of this chapter is to regulate the ministerial review and approval of Senate Bill 35 (SB35) eligible projects and multiple family residential development in compliance with Chapter

17.72 Multiple Family Residential Design Review. Where projects do not meet the requirements of Chapter 17.72 Multiple Family Residential Design Review, the project shall be processed in accordance with Chapter 17.05 Uses Permitted Subject to Administrative Approval and Chapter

17.60 Site Development Permit and may be subject to the California Environmental Quality Act and local implementing procedures, as applicable. The provisions of this chapter set forth a procedure for approval where objective design and development standards can be applied and verified by the City Planner that such use is in conformance with the intent and provisions of this

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Ordinance Amending Various Chapters of Title 17 Zoning. chapter. Multiple Family Residential Review shall be applicable to all zones that permit multiple family residential development. The typical zone districts include R-2, R-3, R-4, and MUO (where multiple family residential development is permitted).

17.055.020 Application for approval—Review Procedure.

A. Application Review. Each application, as established herein Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit for a multiple family residential development project shall be reviewed to ensure that the application is consistent with any adopted objective multiple family residential development standards contained in Chapter 17.72 Multiple Family Residential Design Review.

1. A complete application submittal package shall be provided pursuant herein Chapter

17.055.020 Application for approval – Review Procedure in order for the application to be deemed complete and eligible for an objective multiple family residential development review. The applicant shall submit three (3) prints of site plans, plot plans, elevations (north, south, east, and west), floor plans, and landscape plans necessary to depict the required information. The submittal package shall contain plans drawn to scale and shall indicate clearly and with full dimensions the following information. The applicant may also submit the files electronically via flash drive. a. Name and address of the applicant and of all persons owning any or all of the property proposed to be used.
b. Location of property involved (address or vicinity). c. Legal description of property.
d. Proposed facility or use.
e. The lot dimensions.
f. All buildings and structures and their location, size, height, and proposed uses. g. Location and design of recreation areas.
h. Yards and spaces between buildings.
i. Walls and fences and their location, height, and materials. j. Landscaping and sprinkling system, including location, type and plant names and proposed disposition of existing trees.
k. Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system.
l. Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions.
m. Signs and their location, size and height.
n. Loading, including the location, dimensions, number of parking spaces, internal circulation, and means of accessibility to structure or use served. o. Lighting, including the location, general nature and hooding devices, if any. p. Street dedication and improvements.
q. Location of utilities and trash collection areas; and r. An appropriate description legend and North point
s. And other materials may be required to demonstrate compliance with Chapter

17.72 – Multiple Family Residential Design Review.

B. The City Planner shall determine if the application is complete within thirty (30) working days and if complete shall review the application for compliance with the provisions of

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Chapter 17.72 Multiple Family Residential Design Review. If the application is deemed incomplete, the City Planner shall advise the applicant of the needed information. Upon resubmittal of an incomplete application, the City Planner has an additional thirty (30) days to review the content of the resubmitted application.

C. Upon completion the review of a completed application and consultation with appropriate City Departments and purveyors of services, the City Planner shall state in writing either approval or denial of the proposal based solely on compliance with the adopted objective standards identified in Chapter 17.72 Multiple Family Residential Design Review within forty-five (45) days of acceptance of a complete application excluding Saturday, Sundays, and legal holidays, of acceptance of a complete application.

D. In approving or denying the proposal, the City Planner shall advise of the decision to the applicant and designated representatives and shall advise of the right to appeal the decision in accordance with Section 17.055.040 Appeals.

17.055.030 Decision on application—Notice required.

A. One copy of the written decision of the City Planner approving or denying the application shall be signed and dated by the City Planner and mailed to the applicant, City Departments, and all purveyors of public services. The applicant, if in agreement with the decision of the City Planner, shall sign and certify their agreement to the findings and requirements as stated in Section 17.055.030 Grant of application—Findings required on a form provided by the City Planner.

17.055.040 The City Planner’s Decision
A. The City Planner’s decision shall be deemed ministerial provided the following standards are complied with:

1. Proposed use is permitted in the underlying zone district and density is permitted within the underlying planned land use.

2. Proposed use will be in compliance with all adopted objective multiple family residential development standards contained in Chapter 17.72 Multiple Family Residential Design Review.

3. Proposed use will comply with all other applicable provisions of the Zoning Ordinance.

4. Proposed use will comply with all policies and standards identified in the General Plan and any specific plan, as applicable; and

5. Approval of the project will not violate any existing policy, regulation, mandate, or law.

17.050.050 Appeals
A. The City Planner’s decision shall be deemed final except as follows:

1. An applicant may appeal against the denial of a multiple family objective review to the Planning Commission as provided within Section 17.54.100 Hearing – Notice and Payment of Fees per section 17.54.080 (D).

2. Mistakes of fact may be appealed to correct the record or resubmittal of corrected information to the Director and Payment of Required Fee.

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Ordinance Amending Various Chapters of Title 17 Zoning. a. An appeal to correct the record for a mistake of fact does not change the ministerial nature of the approval nor the CEQA exemption.

17.055.060 Environmental Review
A. Multiple family residential development review applications in compliance with the provisions contained herein Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit and Chapter 17.72 Multiple Family Residential Design Review that are approved by the City Planner are considered ministerial and are exempt from environmental review pursuant to CEQA Guidelines Section 15268.

17.055.070 Building permits—Clearances Prior to Issuance of Certificate of Occupancy.

A. Before a building permit shall be issued for any building or structure proposed as part of an approved application for Multiple Family Design Review approval, the building division shall secure written clearance from the City Planner that the proposed structure and/or building location is in conformity with the ministerial review of the Multiple Family Design Review application. Before a building may be occupied or before final inspection, the building official/inspector shall certify to the City Planner that the site has been developed in accordance with the Multiple Family Residential Design Review approval.

3. AMEND Chapter 17.10 R-2 TWO-FAMILY DWELLING ZONE AS
FOLLOWS:

Chapter 17.10 R-2 TWO-FAMILY DWELLING ZONE
Sections:

17.10.010 Applicability.

The regulations set forth in this chapter shall apply to any type of R-2 two-family dwelling zone unless otherwise provided in this title.

17.10.020 Permitted uses.

Uses permitted in any type of R-2 zone are as follows:

A. Multiple family residential development with a minimum development of ten (10) units per acre and a maximum development of sixteen (16) units per acre proposed in compliance with Chapter 17.72 Multiple Family Residential Design Review shall be subject to Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit. Any use permitted in any R-1 zone;
B. Multiple family residential development with a minimum development of six (6) units per acre and a maximum development of sixteen (16) units per acre that is not in compliance with Chapter 17.72 Multiple Family Residential Design Review shall be subject to Chapter 17.05 Uses Subject to Administrative Review and Chapter 17.60 Site Development Permit, in addition to standards contained in Chapter 17.70 Site Development Standards. A two-family dwelling or two (2) one-family dwellings;

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C. The accessory buildings, uses, and structures in support of multiple family development or necessary to such use located on the same lot or parcel of land or such accessory buildings, uses, and structures may be on a separate lot or parcel and where such use provides amenities and or service, such as play grounds, neighborhood community facilities, electrical charging facilities, and other uses as may be determined by the City Planner. The accessory buildings and structures necessary to such use, located on the same lot or parcel of land;
D. Quasi-Home occupation permits subject to approval as per section 17.50.160 – Home Occupation Permits 17.08.020;
E. Single room occupancy units.

EF. Single family residential uses when subdividing and proposed with a with a minimum development of ten (10) units per acre in compliance with Chapter 16.08, with the exception of Section 16.12.150-A.

17.10.025 Other Uses - Permitted uses—Administrative approval.

The following uses are permitted in any R-2 zone when approved as per Chapter 17.05, uses permitted subject to administrative approval:

A. Other uses may be permitted as authorized by the Municipal Code where equal to, or greater, land area is provided to replace and/or provide a residential development of at least ten (10) units per acre concurrent to or prior to development of the other use.

B. Other uses permitted subject to administrative permit, site development permit and/or conditional use permit, subject to this Subsection, shall mean:

1. Uses designated in Section 17.05 (Uses Permitted Subject to Administrative Approval); and

2. Uses designated in Section 17.56.030 (Conditional Use Permits – Permitted Uses – any zone) and 17.56.040 (Conditional Use Permits – Permitted Uses – specific zone).

The following uses are permitted in any R-2 zone when approved as per Chapter 17.05, uses permitted subject to administrative approval:

A. Uses designated in Section 17.05.080.

17.10.030 Height limitations.

The maximum height for buildings in any type of R-2 zone shall be three (3) two and onehalf (2½) stories and not to exceed thirty-five (35) forty (40) feet.

17.10.040 Front yard requirements.

A. In any type of R-2 zone, there shall be a front yard of not less than fifteen (15) twenty-five (25) feet. Where lots comprising forty percent (40%) or more of the frontage on one (1) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, no buildings after the effective date of the ordinance codified in this title shall project beyond the average front yard depth, buildings

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Ordinance Amending Various Chapters of Title 17 Zoning. located more than thirty-five (35) feet from the property line or buildings facing a side street on a corner lot shall not be counted.

B. In any type of R-2 zone, the front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

17.10.050 Side yard requirements.

In any type of R-2 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.

17.10.060 Rear yard requirements.

In any type of R-2 zone, there shall be a rear yard behind every main building of not less than five (5) feet.

17.10.070 Area requirements Lot coverage requirements.

In any type of R-2 zone no more than fifty percent (50%) of any lot shall be covered by buildings or structures.

In the R-2 zone, the minimum lot area shall be six thousand (6,000) square feet. The minimum lot area per dwelling unit shall be three thousand (3,000) square feet; provided, however, that when a lot has less area than required by this section and was recorded at the time of the passage of the ordinance codified in this title, such lot may be occupied by not more than one (1) dwelling unit.

In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures.

17.10.080 R-2-7.5 zone.

Uses permitted in the R-2-7.5 zone are as follows:

A. In the R-2-7.5 zone the lot sizes shall not be less than seven thousand five hundred (7,500) square feet in size;
B. The minimum lot area per dwelling shall be not less than three thousand seven hundred fifty (3,750) square feet is size;
C. Only two-family dwellings shall be allowed in the R-2-7.5 zone; and D. In the R-2-7.5 zone there shall be a rear yard behind every residential dwelling of not less than fifteen (15) feet.

17.10.080 Lot size requirements.

A. In any type of R-2 zone the minimum lot size shall be 2,700 square feet, with a minimum lot width of forty-five (45) feet.

B. Existing lots that do not meet the minimum lot size requirements shall be allowed to develop permitted residential uses subject to density requirements.

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Ordinance Amending Various Chapters of Title 17 Zoning.

17.10.090 Required distance between buildings on same lot.

A. In any type of R-2 zone, there shall be a minimum distance of ten (10) feet between buildings used for dwelling purposes;
B. In any type of R-2 zone, there shall be a minimum distance of five (5) feet between accessory buildings.

4. AMEND Chapter 17.12 R-3 LIMITED MULTIPLE-FAMILY DWELLING ZONE AS FOLLOWS:

CHAPTER 17.12 R-3 LIMITED MULTIPLE-FAMILY DWELLING ZONE Sections:

17.12.010 Applicability.

The regulations set forth in this chapter shall apply in the R-3 limited multiple-family dwelling zone unless otherwise provided in this title.

17.12.020 Permitted uses.

Uses permitted in an R-3 zone are as follows:

A. Multiple Family Residential development with a minimum development of sixteen (16) units per acre and a maximum development of twenty-four (24) units per acre proposed in compliance with Chapter 17.72 Multiple Family Residential Design Review and shall be subject to Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit. 17.05 Uses Permitted Subject to Administrative Approval and upon meeting the development criteria contained in Chapter 17.70;
B. Multiple Family Residential development with a minimum development of sixteen (16) units per acre and a maximum development of twenty-four (24) units per acre that is not in compliance with Chapter 17.72 Multiple Family Residential Design Review shall be subject to Chapter 17.05 Uses Permitted Subject to Administrative Approval and Chapter 17.60 Site Development Permit as, and upon meeting the development criteria contained in Chapter 17.70 Site Development Standards;
C. B. The accessory buildings, uses, and structures in support of multiple family development or necessary to such use located on the same lot or parcel of land or such accessory buildings, uses, and structures may be on a separate lot or parcel and where such use provides amenities and or service, such as play grounds, neighborhood community facilities, electrical charging facilities, and other uses as may be determined by the City Planner; and
D. C. Home occupation permits by administrative subject to approval per Section

17.50.160 – Home Occupation Permits, subject to the conditions contained in subsection

17.08.020.D.

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Ordinance Amending Various Chapters of Title 17 Zoning.

17.12.025 Other Uses—Permitted.

A. Other uses may be permitted as authorized by the Municipal Code where equal to, or greater, land area is provided to replace and/or provide a residential development of at least sixteen (16) units per acre concurrent to or prior to development of the other use.

B. Other uses permitted subject to administrative permit, site development permit and/or conditional use permit, subject to this Subsection, shall mean:

1. Uses designated in Section 17.05 (Uses Permitted Subject to Administrative Approval); and

2. Uses designated in Section 17.56.030 (Conditional Use Permits – Permitted Uses – any zone) and 17.56.040 (Conditional Use Permits – Permitted Uses – specific zone).

B. Residential development over 16 units per acre shall be subject to a conditional use permit or planned development overlay zone and shall meet other federal, state and Municipal Code requirements.

17.12.030 Height limitation.

The maximum height for buildings in an R-3 zone shall be three (3) two and one-half (2 ½) stories and not to exceed forty (40) thirty five (35) feet.

17.12.040Front yard requirements.

A. In the R-3 zone, there shall be a front yard of not less than ten (10) fifteen (15) feet. Where lots comprising forty percent (40%) or more of the frontage on one (l) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, no building erected or structurally altered after March 8, 1965, shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than thirty-five (35) feet from the front property line or buildings facing a side street on a corner lot shall not be counted.

B. In the R-3 zone, the front yard shall be measured from the front property line except where there is an official plan line or a future street line the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

17.12.050 Side yard requirements.

In the R-3 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.

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Ordinance Amending Various Chapters of Title 17 Zoning.

17.12.060 Rear yard requirements.

In the R-3 zone, there shall be a rear yard behind every main building of not less than fifteen (15) feet, provided, however, the rear yard may be reduced to five (5) feet if not more than fiftyfive percent (55%) of the lot is covered by buildings or structures.

17.12.070 Area requirements Lot coverage requirements.

In the R-3 zone no more than seventy percent (70%) of any lot shall be covered by buildings or structures.

In the R-3 zone, the minimum lot area, meeting the minimum 16 units per acre, shall be six thousand (6,000) square feet. The minimum lot area per dwelling unit shall be two thousand seven hundred (2,700) square feet; provided, however, that when a lot has less area than required by this section and was recorded on March 8, 1965, such lot may be occupied by not more than one (1) dwelling unit for each one thousand five hundred (1,500) square feet. Development shall not exceed the land use density as established in the general plan land use element and/or permitted by state law.

17.12.080 Lot size requirements.

In the R-3 zone the minimum lot size shall be 6,000 square feet.

A. Existing lots that do not meet the minimum lot size requirements shall be allowed to develop permitted residential uses subject to density requirements.

17.12.090 Required distance between buildings on same lot.

A. In the R-3 zone there shall be a minimum distance of ten (10) feet between buildings used for dwelling purposes.

B. In the R-3 zone, there shall be a minimum distance of five (5) feet between a building used for dwelling purposes and an accessory building.

C. In the R-3 zone, there shall be a minimum distance of five (5) feet between accessory buildings.

17.12.110 Environmental Justice Site Evaluation Process A. Objectives:

1. The purpose of this section is to establish a process for reviewing rezone applications that propose to create new R-3 zoned property and ensure that new multiple family residential uses are not overly burdened by environmental and health hazards. The requirements outlined below do not preclude any other regulations to mitigate hazards on new and existing development as contained in this ordinance.

B. Location Requirements

1. Proposed rezones to the R-3 zone district shall be subject to additional review and analysis to ensure that the location of multiple family residential developments meet the objectives of this ordinance on the following sites:
a. Properties with existing or abandoned oil wells.

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Ordinance Amending Various Chapters of Title 17 Zoning. b. Properties within 300 feet of an existing heavy industrial use or properties planned or zoned for heavy industrial uses.
c. Properties within 1,000 feet of hazardous industrial facilities as defined by the California Air Resources Board.
d. Properties adjacent to Principal Arterials as designated in the Circulation Element of the General Plan, unless sufficient noise mitigation and other air quality related buffers are provided for proposed projects on these properties or, the habitable space is at least 30-feet from the closest travel lane. These required development standards shall be implemented through a covenant that runs with the land at the time of approval of the rezone application.
e. Properties located more than one mile from essential services including jobs, transit, shopping, schools, healthcare facilities, and other needed facilities (existing or planned non-residential uses).”

5. AMEND CHAPTER 17.14 R-4 MULTIPLE-FAMILY ZONE AS FOLLOWS:

CHAPTER 17.14 R-4 MULTIPLE-FAMILY ZONE
Sections:

17.14.010 Applicability.

The regulations set forth in this chapter shall apply in the R-4 multiple-family dwelling zone unless otherwise provided in this title.

17.14.020 Permitted uses.

Uses permitted in an R-4 zone are as follows:

A. Multiple Family Residential development with a minimum development of twenty-one (21) units per acre and a maximum development of thirty (30) units per acre proposed in compliance with Chapter 17.72 Multiple Family Residential Design Review shall be subject to Chapter 17.055 Multiple Family Residential Design Review Ministerial Permit. Chapter 17.05 Uses Permitted Subject to Administrative Approval and upon meeting the development criteria contained in Chapter 17.70; B. Multiple Family Residential development with a minimum development of twenty-one (21) units per acre and a maximum development of thirty (30) units per acre that is not in compliance with Chapter 17.72 Multiple Family Residential Design Review shall be subject to Chapter 17.05 Uses Permitted Subject to Administrative Approval and Chapter 17.60 Site Development Permit, and upon meeting the development criteria contained in Chapter 17.70 Site Development Standards;
C. B. The accessory buildings, uses, and structures in support of multiple family development or necessary to such use located on the same lot or parcel of land or such accessory buildings, uses, and structures may be on a separate lot or parcel and where such use provides amenities and or service, such as play grounds, neighborhood

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Arvin City CouncilJuly 25, 2023

Arvin City Council
July 25, 2023