Agenda — Arvin City Council, October 10, 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 OCTOBER 10, 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 – October 10, 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 Ceremony – Josue Ramirez
Cecilia Vela, City Clerk
B. The Arvin Navigation Center: A Year in Review
Andrew Dominguez, Program Manager – ANC Flood Ministries C. Police Pink Badge and Patch Breast Cancer Awareness Recognition - October 2023
Alex Ghazalpour, Chief of Police – City of Arvin

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of September 08, 2023 – October 05, 2023.

B. Approval of Payroll Register(s) of September 15, 2023 and September 29, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of September 12, 2023 and Special Meeting(s) of September 15, 2023.

D. Approval of Consultant Services Agreement between the City of Arvin and Avenue MuniServices, LLC for Cannabis Audit Services.

E. Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Execute An Agreement with Valencia Aircold, Inc. for Purchase and Installation of Two (2) HVAC Units for the City of Arvin Adobe Plaza Complex in the Amount of $19,860; and to adopt a Class 1 Categorical Exemption (Existing Facilities) for the project under CEQA Guidelines Section 15301.

F. Approval of A Resolution of the City Council of the City of Arvin Recognizing the Competitive Bidding Process of the California Multiple Award Schedule (CMAS) under the California Department of Government Services Contract; Dispensing with the Public Bidding Requirement; and Authorizing the City Arvin City Council Meeting Agenda – October 10, 2023

Page 2 of 4 ends

Manager to Approve the Purchase of Baseball Field Equipment for DiGiorgio Park from Dave Bang Associates, Inc.; and Authorizing Related Actions.

G. Approval of an Agreement (Non-fiscal Memorandum of Understanding) with CivicWell for Hosting Civic Spark Fellows for Fiscal Year 2023-2024.

H. Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Proposal from Haaker Equipment Company for Purchase of One (1) Elgin Crosswind Sweeper in the Amount of $118,767.57; and Approving the Sale of Equipment Declared as Surplus.

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 Introduction and First Reading of An Ordinance of the City Council of the City of Arvin Adopting Zoning Code Amendment ZCA No. 2023-04 to Title 17 Zoning - Deleting Chapter 17.50, Section

17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and to Accept California Environmental Quality Act (CEQA) A Notice of Exemption. (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.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. A Public Hearing to Consider Modification of Conditions of Approval to Existing Site Development Permit 2022-322 BMB–Starbucks to Delete Sections ES&BI-8 and PL&A-2. (City Planner)
Staff recommends the City Council open the hearing; allow for public testimony; close the hearing; and provide direction to staff.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – October 10, 2023

Page 3 of 4 ends

6. ACTION ITEM(S)
A. Consideration and Approval of Appointment of Board of Trustee to the Kern Mosquito & Vector Control District (KMVCD) and Setting the Term of the Appointment. (City Clerk)
Staff recommends that the City Council appoint a qualified Arvin resident or a member of the City Council to serve as the KMVCD Board Trustee and set the term of the appointment.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving Budget Amendment Number 2324-01 in the Amount of $224,212.99 and Other Related Actions. (City Manager)
Staff recommends approval of the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ C. Consideration and Approval of A Resolution of the City Council of the City of Arvin Dispensing with the Public Bidding Requirement Based on the Single Vendor Exception and Authorizing the Purchase of an Extended Warranty for Three Proterra Electric Busses for the Period of September 2023 through September 2026 in the amount of $224,212.99. (City Manager) Staff recommends approval of the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ D. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving the Third Amendment to Contract Services Agreement by and between the City of Arvin and Diamond Technologies, Inc, for Computer System and Information Technology Installation, Repair, and Maintenance. (City Manager)
Staff recommends approval of the Resolution approving the Third Amendment to Contract Services Agreement by and between the City of Arvin and Diamond Technologies, Inc, for Computer System and Information Technology Installation, Repair, and Maintenance.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – October 10, 2023

Page 4 of 4 ends

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.

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (Government Code §54956.8)
Property: APN 190-250-05 (Bear Mountain Blvd., Arvin)
Agency Negotiator: City Manager
Negotiating Parties: Carlos Obaid for Ali & Obaid Marketing, Inc.

Under Negotiation: Price and terms of sale of parcel.

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 October 05, 2023.

Cecilia Vela, City Clerk
The Arvin Navigation Center
S e r v i n g t h e c o m m u n i t i e s o f A r v i n a n d L a m o n t S i n c e A u g u s t , 2022

3.B.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_101023 •The Arvin Navigation Center (ANC) of Flood Ministries is dedicated to the work of reducing homelessness and transforming lives through the building and strengthening of relationships. •We seek to provide exceptional and personalized care that addresses each guests needs and improves their quality of living. •Through the building and strengthening of relationships and the application of targeted services our staff empower our guests to overcome certain barriers to housing, establish a continuum of care, and assist in re-establishing support systems that contribute to their retention of housing.

R e d u c i n g H o m e l e s s n e s s , Tr a n s f o r m i n g L i v e s About Us

3.B.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_101023 FR
•Current operational hours are 8:30 am to 4:00 pm. •Food packs, and meals are provided as needed. •For those experiencing homelessness, the Navigation Center provides a safe place for guests to receive meals and an assortment of critical services aimed to provide stability.
•Hygiene, laundry services, and clothing assistance are also available to guests in need.

G e n e r a l O p e r a t i o n a l O u t l i n e
Service Details

3.B.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_101023 FR
•Total Meals & Food Packs: 1,804 •Hygiene Kits: 460 •Laundry Services: 116 •Medi-Cal Acquired: 20 •Vital Documentation (includes PRC): 105 •Immigration Services: 9 •Mental Health & Substance Abuse Services: 33 •Homeless Prevention (Self Help): •Shelter Placements: 36 •Housed (Bakersfield): 8 A l o t C a n H a p p e n I n a Ye a r
Service Outcomes: August 2022 – September 2023

3.B.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_101023 FR
S e r v i n g T h r o u g h T h e C h a l l e n g e s
Additional Service Outcomes
• High number of return Rates for Shelter
Placements
• Limited to no Affordable Housing in the
Region
• Serving and assisting the Undocumented
• Transportation for Services in Bakersfield
Shelter Placements Return From Shelters Housed Clients Locally Housed

3.B.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_101023 FR
R e s p o n d i n g t o c r i s e s i n t h e C o m m u n i t y Other Roles of Flood

3.B.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_101023 FR
P r o g r e s s T h r o u g h C o l l a b o r a t i o n Future Goals: Arvin Navigation Center • Our Goal at the ANC is to continually grow as a service provider in the community.
• Mobile showers will be added and are expected to expand the number of services provided.
• We seek to establish a reliable transportation system and form collaborations to ensure that our guests are
transported to, andreceive regular services from primary care providers.
• Our goal is to provide 24/7 access for persons
experiencing homelessness in the Arvin and Lamont
communities.

3.B.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_101023 Ways To Support and Volunteer
• Monthly Client focused BBQs
(4th Tue.)
• Winter Clothing & Blanket
Donations
• BKHRC’S Annual PIT Count
(January 24th, 2024)

3.B.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_101023 Thank You.

Andrew Dominguez, Program Manager
(661) 808-3824
[email protected]
www.floodbako.com

3.B.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_101023 Breast Cancer Awareness
Pink Patch Project
October 2023
9/14/2023 2:45:30 PM Page 1 of 8
Payment Register
City of Arvin APPKT00487 - FOR AP 9/14/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1000
Vendor Number
A1 BATTERY
Total Vendor Amount

69.82 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 69.82
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 93622 FIRE ALARM SYSTEM AGM BATTERY 08/17/2023 08/17/2023 0.00 69.82 1228
Vendor Number

ALL AMERICAN UNIFORMS
Total Vendor Amount
210.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 210.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 200 ITEMS IN FOR EMBROIDERY 08/16/2023 08/16/2023 0.00 33.50 201 PEERLESS 4710 CHAIN HANDCUFF 08/16/2023 08/16/2023 0.00 177.48 1010
Vendor Number

AMERICAN BUSINESS MACHINES
Total Vendor Amount

15.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 15.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 698108 GPR-53 BLACK TONER 08/21/2023 08/21/2023 0.00 15.00 1150
Vendor Number
AT&T
Total Vendor Amount
816.28
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 816.28
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000020385303 9391033189 SERVICE 07.13.23-08.12.23 09/13/2023 09/13/2023 0.00 339.45 000020387065 9391056024 SERVICE 07.13.23-08.12.23 08/13/2023 08/13/2023 0.00 476.83 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
433.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 433.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X08282023 PW + COMM DEV + CH CELL PHONES 07.22.23-08.22.23 08/22/2023 08/22/2023 0.00 433.54 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
1,631.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 1,631.33
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 230559 NOTICE OF PUBLIC HEARING PLANNING COMMISSION 08/04/2023 08/04/2023 0.00 675.00 231074 NOTICE OF PUBLIC HEARING PLANNING COMMISSION 08/02/2023 08/02/2023 0.00 956.33 1489
Vendor Number

BRUCE WAYNE HINSLEY
Total Vendor Amount
617.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 617.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 13098 CONVERTED GASOLINE AST INTO DORMANT 08/25/2023 08/25/2023 0.00 617.00

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

9.18 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 9.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 497423 ROTARY MASONRY DRI FOR VETS HALL 09/11/2023 09/11/2023 0.00 4.21 497459 9 PC OFF SET TORK FOR VETS HALL 09/11/2023 09/11/2023 0.00 4.97 1591
Vendor Number

DEPARTMENT OF GENERAL SERVICES
Total Vendor Amount
266.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 266.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0000001523520 0.75 ALJ (2022100173) 06/30/2023 06/30/2023 0.00 266.25 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
9,184.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 9,184.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34117MS MICROSOFT 365 FOR BUSINESS SEPTEMBER 2023 09/01/2023 09/01/2023 0.00 1,341.90 34118 SECURECENTRIC + FIREWALL SEPTEMBER 2023 09/01/2023 09/01/2023 0.00 7,842.34 1594
Vendor Number

ENTERPRISE FM TRUST
Total Vendor Amount
97,929.92
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 97,929.92
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FBN4833789 MONTHLY LEASE CHARGE 09.01.23-09.31.23 09/06/2023 09/06/2023 0.00 97,929.92 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
630.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 630.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0207 ARVIN PD FLEET WASH 09.05.23 09/05/2023 09/05/2023 0.00 630.00 1062
Vendor Number
FEDEX
Total Vendor Amount

39.66 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 39.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-249-78272 SHIPPING SVCS 09.06.2023 09/08/2023 09/08/2023 0.00 39.66 1100
Vendor Number

FERNANDO LOPEZ
Total Vendor Amount
160.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 160.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

09.12.23 INTERPRETER SERVICES 09.12.23 09/12/2023 09/12/2023 0.00 160.00 1065
Vendor Number

GALLS, LLC
Total Vendor Amount
559.92
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 559.92
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025417728 GALLS ANSI SAFETY VEST 08/18/2023 08/18/2023 0.00 559.92

GENFARE
Total Vendor Amount
525.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 525.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 90194118 TECH SUPPORT / SIGNED QUOTE 08/21/2023 08/21/2023 0.00 525.00 1074
Vendor Number

GRAINGER
Total Vendor Amount
609.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 609.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9810017294 WOMENS BATHROOM VET HALL PANEL BRACKET 08/18/2023 08/18/2023 0.00 146.10 9810017302 PANEL BRACKET ALUMINUM BRUSHED 08/18/2023 08/18/2023 0.00 128.14 9811726364 PANEL BRACKET ALUMINUM BRUSHED 08/21/2023 08/21/2023 0.00 213.58 9815015707 WOMENS BATHROOM VETS HALL 08/23/2023 08/23/2023 0.00 121.32 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
315.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 315.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 403322 GAS FOR GENARATOR FOR PD 08/18/2023 08/18/2023 0.00 315.71 1078
Vendor Number

INDEPENDENT FIRE & SAFETY INC
Total Vendor Amount
857.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 857.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62294 ADOBE BUILDING 5LB FE ANNUAL MAINT 08/16/2023 08/16/2023 0.00 857.38 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
301.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 301.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8362 UNIT 281 BLOWER MOTOR 08/30/2023 08/30/2023 0.00 301.71 1156
Vendor Number

JOSEPH HUGGETT
Total Vendor Amount
541.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 541.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GAS MILEAGE TO AND FROM TRAINING GAS MILEAGE TO AND FROM TRAINING 09/10/2023 09/10/2023 0.00 541.20 1376
Vendor Number

KNORR SYSTEMS INC
Total Vendor Amount
3,538.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 3,538.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 208357 REPLACED I/O MODULE AND LAMP MODULE 08/02/2023 08/02/2023 0.00 3,538.60 1359
Vendor Number

LA UNIFORM AND TAILORING
Total Vendor Amount
601.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 601.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 17355 NAME TAPE WITH VELCRO 07/26/2023 07/26/2023 0.00 39.69 17671 NAVY EMB VISOR CHIEF 08/21/2023 08/21/2023 0.00 562.11

LN CURTIS & SONS
Total Vendor Amount
324.87
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 324.87
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV740161 LARGE BLACK POLICE PATCH 08/25/2023 08/25/2023 0.00 42.99 INV740164 BLACK DUTY RADIO TACO 08/25/2023 08/25/2023 0.00 93.33 INV740176 DOUBLE BLACK HANDCUFF TACO 08/25/2023 08/25/2023 0.00 145.56 INV740189 LARGE BLACK BACK POLICE PATCH 08/25/2023 08/25/2023 0.00 42.99 1168
Vendor Number
LOWES
Total Vendor Amount
698.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 698.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 901236 APD FANS 07/13/2023 07/13/2023 0.00 698.26
1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 214.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 718741 BIN RENT AND 4 YD ROLL OFF SEPTEMBER 2023 09/01/2023 09/01/2023 0.00 214.18 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
391.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 391.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-309473 FLOOR DRY FOR TRANSIT 07/31/2023 07/31/2023 0.00 25.96 4451-309941 1 GAL WD-40, 1 GAL ANITIFREZ FOR SHOP 08/02/2023 08/02/2023 0.00 48.69 4451-310427 BATTERY , CORE CHARGER FOR MOWER #4 08/04/2023 08/04/2023 0.00 159.29 4451-312946 GL WIPER FLD FOR TRANSIT 08/15/2023 08/15/2023 0.00 77.23 4451-315744 TOW STRAP FOR SHOP PUBLIC WORKS 08/28/2023 08/28/2023 0.00 80.08 1642
Vendor Number

OSCAR AGUILERA GONZALEZ
Total Vendor Amount
2,644.68
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 2,644.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3 JOB WALK AND INSPECTION LIGHTS AND MATERIAL 09/03/2023 09/03/2023 0.00 1,868.43 4 ADOBE COMPLEX ELECTRICAL WORK 09/04/2023 09/04/2023 0.00 776.25 1108
Vendor Number
PG & E
Total Vendor Amount
279.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 279.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8440977428-2 08.02.23-08.30.23 8440977428-2 08.02.23-08.30.23 08/30/2023 08/30/2023 0.00 279.78 1449
Vendor Number

PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
15,760.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 7,640.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 28519 COA LEAP FUNDING 08/17/2023 08/17/2023 0.00 7,640.00 Check 09/14/2023 8,120.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 28520 COA SB2 GRANT FUNDING 08/17/2023 08/17/2023 0.00 8,120.00

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62473672 WEEK ENDING 08.25.23 JAZMIN C. 08/28/2023 08/28/2023 0.00 1,293.60 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount

85.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 85.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1786 REMOVE UNIT 293 REAR AXION CAMERA 08/15/2023 08/15/2023 0.00 85.00 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
179.68
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 179.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 07.25.23-08.23.23 SERVICES 07.25.23-08.23.23 08/25/2023 08/25/2023 0.00 179.68 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
2,733.65
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 2,733.65
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES AUGUST 2023 UNIFORM SERVICES AUGUST 2023 08/31/2023 08/31/2023 0.00 2,733.65 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 168251101082223 PUBLIC WORKS SVC 08.29.23-09.28.23 08/22/2023 08/22/2023 0.00 108.99 1126
Vendor Number

STAPLES BUSINESS CREDIT
Total Vendor Amount
1,241.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 1,241.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1650685542 OFFICE SUPPLIES FOR THE CITY AUGUST 2023 08/25/2023 08/25/2023 0.00 1,241.05 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 823917 ARVIN ADOBE COMPLEX FIRE MONITORING SEPT. 2023 09/01/2023 09/01/2023 0.00 55.00 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 576.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9943130891 TRANSIT SVCS 07.29.23-08.28.23 08/28/2023 08/28/2023 0.00 576.30

VINCENTE MEDRANO
Total Vendor Amount

5.40 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 5.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FOOD FOR CHILD FOOD FOR CHILD IN PROTECTIVE CUSTODY 09/08/2023 09/08/2023 0.00 5.40 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 110.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5026436347 COMM DEV LEASE 08.21.23-09.20.23 08/25/2023 08/25/2023 0.00 110.88

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) Payment Register APPKT00487 - FOR AP 9/14/2023
9/14/2023 2:45:30 PM Page 7 of 8
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 58 41 0.00 146,566.23
Packet Totals: 58 41 0.00 146,566.23

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) Payment Register APPKT00487 - FOR AP 9/14/2023
9/14/2023 2:45:30 PM Page 8 of 8
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -146,566.23
Packet Totals: -146,566.23

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) 9/18/2023 4:37:08 PM Page 1 of 5
Payment Register
City of Arvin APPKT00496 - AP FOR 9/18/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
21,665.10
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 21,665.10
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 232260107127 MEDICAL SEPTEMBER 2023 08/14/2023 08/14/2023 0.00 21,665.10 1629
Vendor Number
CARDIO PARTNERS INC.

Total Vendor Amount
10,497.02
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 10,497.02
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000895 RECERTIFIED ZOLL AED PLUS 09/18/2023 09/18/2023 0.00 10,497.02 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
1,367.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 1,367.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5193602-0804466 SUPPLEMENTAL INS AUGUST 2023 08/25/2023 08/25/2023 0.00 1,367.78 1494
Vendor Number

DAVE BANG ASSOCIATES INC
Total Vendor Amount
435,896.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 435,896.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000882 KOVACEVICH PARK - NEW PLAYGROUND EQUIP 09/14/2023 09/14/2023 0.00 435,896.75 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
3,341.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 3,341.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34836121 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS SEPTEMBER2309/06/2023 09/06/2023 0.00 3,341.83 1580
Vendor Number

FOUNDATION PROPERTIES INC
Total Vendor Amount
16,995.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 16,995.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000896 RESTROOM'S RENOVATION @ VET'S HALL 09/18/2023 09/18/2023 0.00 16,995.00 1074
Vendor Number

GRAINGER
Total Vendor Amount
1,115.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 1,115.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9823452520 PHILIPS CPO- T WHITE VETS HALL 08/30/2023 08/30/2023 0.00 914.88 9823452538 URINAL PARTITION VETS HALL 08/30/2023 08/30/2023 0.00 200.37

Total Vendor Amount
4,561.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 4,561.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 157149 AUGUST 2023 BROOM SWEEPING SERVICE 08/24/2023 08/24/2023 0.00 4,561.25 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
6,255.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 6,255.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE 14 INVOICE 14 08/31/2023 09/15/2023 0.00 6,255.00 1413
Vendor Number

JESUS BRAVO
Total Vendor Amount
350.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 350.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount TOUCH UP - PD TOUCH UP - PD 09/13/2023 09/13/2023 0.00 350.00 1643
Vendor Number

JULIE GENTRY
Total Vendor Amount
250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 300 DEPOSIT FOR NATIONAL NIGHT OUT 07/28/2023 07/28/2023 0.00 250.00 1097
Vendor Number

LIEBERT CASSIDY WHITMORE
Total Vendor Amount
3,024.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 3,024.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 249331 CLIENT MATTER NO : AR100-00001 08/31/2023 08/31/2023 0.00 2,284.50 249775 CLIENT MATTER NO : AR100-00006 08/31/2023 08/31/2023 0.00 739.50 1340
Vendor Number

NATHAN M HODGES
Total Vendor Amount
25,039.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 25,039.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 539 LEGAL FEES AUGUST 2023 09/05/2023 09/05/2023 0.00 25,039.50 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62505139 WEEK ENDING 09/01/23 FOR JAZMIN C. 09/04/2023 09/04/2023 0.00 1,293.60 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
165,178.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 165,178.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000110958 O & M SERVICES WASTEWATER JUNE 2023 08/23/2023 08/23/2023 0.00 165,178.31

VINCENTE MEDRANO
Total Vendor Amount
225.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 225.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount MEALS FOR TRAINING MEALS FOR TRAINING 09.26.23-09.29.23 09/05/2023 09/05/2023 0.00 225.00 Bank: PY - Payroll Vendor Payables
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
950.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 950.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000887 APOA Dues 09/15/2023 09/15/2023 0.00 950.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
887.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 887.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000888 SEIU Dues 09/15/2023 09/15/2023 0.00 42.00
INV0000889 SEIU Dues 09/15/2023 09/15/2023 0.00 845.36
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000891 ALEX GHAZARIAN 09/15/2023 10/15/2023 0.00 300.00

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) Payment Register APPKT00496 - AP FOR 9/18/2023
9/18/2023 4:37:08 PM Page 4 of 5
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 18 16 0.00 697,055.39
Packet Totals: 18 16 0.00 697,055.39
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check43 0.00 2,137.36
Packet Totals:
43 0.00 2,137.36

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) 9/18/2023 4:35:34 PM Page 1 of 3
Payment Register
City of Arvin APPKT00497 - VEOLIA REISSUE CHECK
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
176,255.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 176,255.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000109919 O & M SERVICES WASTEWATER MAY 2023 08/17/2023 08/17/2023 0.00 176,255.25

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) Payment Register APPKT00497 - VEOLIA REISSUE CHECK
9/18/2023 4:35:34 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check11 0.00 176,255.25
Packet Totals:
11 0.00 176,255.25

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) Payment Register APPKT00497 - VEOLIA REISSUE CHECK
9/18/2023 4:35:34 PM Page 3 of 3
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -176,255.25
Packet Totals: -176,255.25

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) 10/4/2023 5:05:06 PM Page 1 of 7
Payment Register
City of Arvin APPKT00508 - FOR AP 10/4/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1207
Vendor Number

ACC BUSINESS
Total Vendor Amount
962.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 962.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 232545769 INTERNET ACC 08/11/23-09/10/23 09/27/2023 09/27/2023 0.00 962.26 1542
Vendor Number

ADLERHORST INTERNATIONAL LLC
Total Vendor Amount
2,034.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 2,034.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 110598 K-9 TOYS, LEASH, MUZZLE, COLLAR 09/07/2023 09/07/2023 0.00 2,034.32 1150
Vendor Number
AT&T
Total Vendor Amount
1,570.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 1,570.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000020464741 9391059040 SERVICE 08.01.23-08.31.23 09/01/2023 09/01/2023 0.00 1,347.42 000020464972 9391060015 SERVICE 08.01.23-08.31.23 09/01/2023 09/01/2023 0.00 222.76 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
4,802.66
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 4,802.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 241405 NOTICE OF PUBLIC - CITY OF ARVIN 08/30/2023 08/30/2023 0.00 1,515.93 244066 ARVIN PLANNING COMMISSION PUBLIC HEARING 09/06/2023 09/06/2023 0.00 710.55 246569 REQUEST FOR PROPOSAL - CITY OF ARVN 09/13/2023 09/13/2023 0.00 428.12 249908 NOTICE OF PUBLIC HEARING- CITY OF ARVIN 09/21/2023 09/21/2023 0.00 710.55 250176 NOTICE OF PUBLIC HEARING ZONING CODE 09/28/2023 09/28/2023 0.00 675.00 251607 NOTICE OF PUBLIC HEARING- PLANNING COMMISSION 09/26/2023 09/26/2023 0.00 762.51 1292
Vendor Number

CANON FINANCIAL SERVICES INC
Total Vendor Amount
809.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 809.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 31245563 PRINTER LEASE FOR CH, FIN TRLR, & TRANSIT SEPT.23 09/11/2023 09/11/2023 0.00 809.89 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

79.67 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 79.67
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 498376 FOR SHOP- MINTCRAFT WIRE, BRASS GATE VALVE 09/20/2023 09/20/2023 0.00 34.81 498604 LIGHTER UTILITY W/XL NOZZLE FOR VET'S HALL 09/22/2023 09/22/2023 0.00 7.53 499030 MAIN STREET CLEAN UP 09/26/2023 09/26/2023 0.00 29.22 499120 RIBED PLASTIC ANCHOR FOR PD 09/27/2023 09/27/2023 0.00 8.11

CREATIVE FINANCIAL STAFFING
Total Vendor Amount
1,335.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 1,335.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 123370196 WEEK ENDING 9/17/2023 CAROLINA M. 09/17/2023 09/17/2023 0.00 1,335.18 1652
Vendor Number

CRISTINA DURAN
Total Vendor Amount
390.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 390.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $390 REIMBURSEMENT OF $390 FOR VET'S HALL 09/27/2023 09/27/2023 0.00 390.00 1466
Vendor Number

DANIEL BORRELI
Total Vendor Amount
458.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 458.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount LEAGUE OF CA CITIES LEAGUE OF CA CITIES - CAR RENTAL/ MEALS 10/03/2023 10/03/2023 0.00 458.54 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
1,210.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 1,210.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0211 ARVIN PD FLEET WASH / WASH DEPARTMENT FURNITURE 09/19/2023 09/19/2023 0.00 1,210.00 1070
Vendor Number

GENERAL OFFICE
Total Vendor Amount
750.17
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 750.17
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 21672 MAINTENANCE CONTRACT 12.01.23-11.30.2024 10/04/2023 10/04/2023 0.00 750.17 1074
Vendor Number

GRAINGER
Total Vendor Amount
151.08
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 151.08
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9835148850 LEVER LOCKSET HANDY CAP RESTROOM VET'S HALL 09/12/2023 09/12/2023 0.00 82.89 9835148868 TOILET PAPER DISPENSER VET'S HALL 09/12/2023 09/12/2023 0.00 68.19 1019
Vendor Number

GUARDIAN
Total Vendor Amount
7,899.23
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 7,899.23
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 OCT 2023BUNDLE INSURANCE OCT. 2023 09/21/2023 09/21/2023 0.00 7,899.23 1270
Vendor Number

JAMES WATER BANK AUTHORITY
Total Vendor Amount

77.53 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 77.53
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4 MANAGEMENT OF THE KERN INTERGRATED REGIONAL 09/21/2023 09/21/2023 0.00 77.53

JOSE ALANIZ JR
Total Vendor Amount
1,172.51
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 1,172.51
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000230 FORK LIFT/ PALLET JACK FOR NEW EQUIP. @PARK 08/24/2023 08/24/2023 0.00 378.88 000231 FORK LIFT FOR NEW EQUIP. @PARK 08/24/2023 08/24/2023 0.00 324.75 000233 FORK LIFT/ PALLET JACK FOR NEW EQUIP. @PARK 08/28/2023 08/28/2023 0.00 468.88 1651
Vendor Number

KERN COMMUNITY COLLEGE DISTRICT
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $450 REIMBURSEMENT OF $450 FOR VET'S HALL 09/27/2023 09/27/2023 0.00 450.00 1486
Vendor Number

KEY ELECTRIC , INC
Total Vendor Amount
8,578.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 8,578.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23-122 TROUBLE SHOOT LIGHTS IN PARKING LOT 06/09/2023 06/09/2023 0.00 1,073.13 37073 FIX ALL STREET LIGHTS BY PARK 06/21/2023 06/21/2023 0.00 4,483.37 37346 TROUBLE SHOOT LIGHTS IN PARKING LOT 08/14/2023 08/14/2023 0.00 3,021.66 1376
Vendor Number

KNORR SYSTEMS INC
Total Vendor Amount
2,040.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 2,040.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 210555 SMOTHERMON PARK REPLACE UV SENSOR 08/24/2023 08/24/2023 0.00 2,040.71 1358
Vendor Number

MTZ CONSTRUCTION COMPANY
Total Vendor Amount
3,200.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 3,200.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 08-15-23 AODBE COMPLEX - PREP INSIDE BUILDING / PAINTING 09/05/2023 09/05/2023 0.00 3,200.00 1615
Vendor Number

NVA STIERN VETERINARY MANAGEMENT
Total Vendor Amount
644.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 644.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 335372 DUUK HIP RADIOGRAPHS 07/19/2023 07/19/2023 0.00 593.00 337020 K-9 DAGO VACCINES 09/09/2023 09/09/2023 0.00 51.50 1642
Vendor Number

OSCAR AGUILERA GONZALEZ
Total Vendor Amount
750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 750.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5 MAIN STREET LIGHTING TROUBLESHOOT 6 LIGHTS 09/18/2023 09/18/2023 0.00 600.00 7 GRAPEVINE DR TROUBLE SHOOT STREET LIGHT 09/25/2023 09/25/2023 0.00 150.00 1108
Vendor Number
PG & E
Total Vendor Amount
323.61
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 323.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2004215572-9 08.23.23-09.21.23 2004215572-9 08.23.23-09.21.23 09/22/2023 09/22/2023 0.00 298.97

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) Payment Register APPKT00508 - FOR AP 10/4/2023
10/4/2023 5:05:06 PM Page 4 of 7
9307046200-2 08.23.23-09.21.23 9307046200-2 08.23.23-09.21.23 09/25/2023 09/25/2023 0.00 24.64 1449
Vendor Number

PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
1,665.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 1,665.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 28629 22-072.1 COA LEAP FUNDING 09/13/2023 09/13/2023 0.00 810.00 28633 22-072 COA SB2 GRANT FUNDING 09/15/2023 09/15/2023 0.00 855.00 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62595825 WEEK ENDING 09.22.23 FOR JAZMIN C. 09/25/2023 09/25/2023 0.00 1,293.60 1650
Vendor Number

SANDRA CONTRERAS
Total Vendor Amount
640.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 640.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $640 REIMBURSEMENT OF $640 FOR VET'S HALL 09/27/2023 09/27/2023 0.00 640.00 1459
Vendor Number

URIEL JESSE ORTIZ
Total Vendor Amount
1,011.01
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 1,011.01
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV2177 UNIT BOBCAT HYDRAULIC CYLINDER REBUILD 09/14/2023 09/14/2023 0.00 1,011.01 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
217,597.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 217,597.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000111421 O & M SERVICES WASTEWATER JULY 2023 08/25/2023 08/25/2023 0.00 217,597.98 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
285.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 285.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5026727083 COMM DEV LEASE 09.12.23-10.11.23 09/15/2023 09/15/2023 0.00 285.91 Bank: PY - Payroll Vendor Payables
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
950.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 950.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000905 APOA Dues 09/29/2023 09/29/2023 0.00 950.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
887.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 887.33
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000906 SEIU Dues 09/29/2023 09/29/2023 0.00 42.00
INV0000907 SEIU Dues 09/29/2023 09/29/2023 0.00 845.33

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/04/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000909 ALEX GHAZARIAN 09/29/2023 10/15/2023 0.00 300.00

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.) Payment Register APPKT00508 - FOR AP 10/4/2023
10/4/2023 5:05:06 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 46 28 0.00 262,183.70
Packet Totals: 46 28 0.00 262,183.70
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check43 0.00 2,137.33
Packet Totals:
43 0.00 2,137.33

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - October 05, 2023 (Demand Register(s) of September 08, 2023 - October 05, 2023.)

4.B.1
Attachment: Payroll Register(s) of September 15, 2023 (Payroll Register(s) of September 15, 2023 and September 29, 2023.)

4.B.2
Attachment: Payroll Register(s) of September 29, 2023 (Payroll Register(s) of September 15, 2023 and September 29, 2023.)

4.B.2
Attachment: Payroll Register(s) of September 29, 2023 (Payroll Register(s) of September 15, 2023 and September 29, 2023.) Arvin City Council Meeting Minutes – September 12, 2023

Page 1 of 4 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
SEPTEMBER 12, 2023
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Horton and CM Reyes absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Murillo Second MPT Borreli Vote 3-0

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of August 19, 2023 – September 07, 2023.

B. Approval of Payroll Register(s) of August 18, 2023 and September 01, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of August 22, 2023 and Special Meeting(s) of August 29, 2023.

D. Approval of A Resolution of the City Council of the City of Arvin Updating the City of Arvin 2023 Transit Title VI Compliance Program.

Resolution No. 2023-50
E. Approval of the Third Amendment to Professional Services Agreement between the City of Arvin and The Pun Group, LLP for Auditing Services and Authorizing the Mayor or City Manager to Sign the Engagement Letter Submitted by The Pun Group, LLC for the Fiscal Year 2022-2023 Audit.

Agreement No. 2023-20

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of September 12, 2023 (Minutes of the Regular Meeting(s) of Sept 12, 2023 and Arvin City Council Meeting Minutes – September 12, 2023

Page 2 of 4 ends

F. Approval of A Resolution of the City Council of the City of Arvin to Approve the Saint Thomas Church Special Event Permit Application for their Annual Our Lady of Guadalupe Procession to be Held on December 10, 2023, Authorize Closure of Streets and Waive City Costs Associated with this Event Subject to Execution of A Memorandum of Understanding Between the City of Arvin and Saint Thomas Church.

Resolution No. 2023-51
Agreement No. 2023-21
G. Approval to Purchase and Authorize the Arvin Police Department to Implement the IRIMS Law Enforcement Software Program from Sun Ridge Systems, Inc. in the Amount of $14,450.00.

H. Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Apply for Non-Transit Funding from the Mills-AlquistDeddeh (TDA) Act Funds.

Resolution No. 2023-52
I. Approval of Appointment of Manuel Leon to the Arvin Planning Commission (Mayor Trujillo).

Staff recommends approval of the Consent Agenda.

Consent Agenda Item 3G was pulled for discussion.

Motion to approve Consent Agenda Items 3A, 3B, 3C, 3D, 3E, 3F, 3H, and 3I.

Motion MPT Borreli Second CM Murillo Vote 3-0
Motion to approve Consent Agenda Item 3G.

Motion MPT Borreli Second CM Murillo Vote 3-0

4. PUBLIC HEARING(S)
A. A Public Hearing to Discuss and Approve Resubmittal of the 2019 CDBG Over the Counter (OTC) Application Under the 2023 CDBG NOFA, Disencumbering 18 CDBG Economic Development Grant, Submittal of A PHLA Streamline Application and; A Resolution Approving An Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2023-2024 Funding Year of the State CDBG Program for the Resubmittal of the 2019 Over the Counter (OTC) Application; and A Resolution Authorizing the Application and Adopting the PHLA Plan for the Permanent Local Housing Allocation Program. (Grants Manager) Staff recommends to open the hearing, allow for public testimony, close the hearing, and

Page 3 of 4 ends

1) Approve A Resolution of the City Council of the City of Arvin Approving An Application for Funding and the Execution of A Grant Agreement and Any Amendments Thereto from the 2023-2024 Funding Year of the State CDBG Program for the Resubmittal of the 2019 Over the Counter (OTC) Application; and
2) Approve to disencumber the City’s 2018 CDBG Economic Development Grant of $100,000 (18-CDBG-12903); and
3) Approve A Resolution of the City Council of the City of Arvin Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program.

Hearing opened.

No public testimony.

Hearing closed.

Motion to:
1) Approve A Resolution of the City Council of the City of Arvin Approving An Application for Funding and the Execution of A Grant Agreement and Any Amendments Thereto from the 2023-2024 Funding Year of the State CDBG Program for the Resubmittal of the 2019 Over the Counter (OTC) Application; and
Resolution No. 2023-53
2) Approve to disencumber the City’s 2018 CDBG Economic Development Grant of $100,000 (18-CDBG-12903); and
3) Approve A Resolution of the City Council of the City of Arvin Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program.

Motion MPT Borreli Second CM Murillo Vote 3-0

5. ACTION ITEM(S)
A. Consideration and Approval of Purchase and Replacement of Air Conditioning Units at the Arvin Police Department from Holders Air Conditioning and Heating, Inc. in the Amount of $27,133.29. (City Manager) Staff recommends Council consideration and direction.

Motion to approve the purchase and replacement of air conditioning units at the Arvin Police Department from Holders Air Conditioning and Heating Inc in the amount of $27,133.29 using ARPA funds.

Motion MPT Borreli Second CM Murillo Vote 3-0

Page 4 of 4 ends

6. CITY MANAGER’S REPORT

7. COUNCIL MEMBER COMMENTS

8. 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.

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) CLOSED SESSION REPORT BY CITY ATTORNEY:
8A. Direction given to City Manager concerning SEIU negotiations; no reportable action related to APOA negotiations.
8B. Case 1: Direction given to City Manager concerning special meeting.

Case 2: No reportable action.

Case 3: No reportable action.

Case 4: Direction given to City Attorney to move forward with next step for eminent domain.

Case 5: No reportable action.
8C: Direction given to City Manager concerning audit of capital improvement projects completed at Wastewater Treatment Facility.

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

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of September 12, 2023 (Minutes of the Regular Meeting(s) of Sept 12, 2023 and Special Arvin City Council Meeting Minutes – September 15, 2023

Page 1 of 1 ends

SPECIAL MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
SEPTEMBER 15, 2023
CALL TO ORDER @ 6:01PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Murillo and Mayor Trujllo absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion MPT Borreli Second CM Reyes Vote 3-0

2. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): one case CLOSED SESSION REPORT BY CITY MANAGER: The City Council provided direction to the City Manager.

3. ADJOURNED @ 6:18PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.2
Attachment: Minutes of the Special Arvin City Council Meeting of September 15, 2023 (Minutes of the Regular Meeting(s) of Sept 12, 2023 and Staff Report – Consultant Services Agreement – Avenu MuniServices, LLC

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of Consultant Services Agreement between City of Arvin and Avenu MuniServices, LLC for Cannabis Audit Services.

BACKGROUND:

The City desires to ensure the registered commercial cannabis retailers are conducting business within the guidelines provided for by the State of California related to taxation as well as local ordinances and that each maintains accurate books and records, to ensure the proper reporting to the various taxing entities and ensure the City obtains an accurate payment.

The City desires to engage Avenu MuniServices, LLC as consultants to conduct this work.

Avenu MuniServices will provide the services as described in the Statement of Work (Exhibit A) of the Consultant Services Agreement, which includes conducting an audit analysis and providing audit reports for each business entity.

Arvin Municipal Code Section 3.08.095(B) for procurement of professional services indicates:
“The city manager is authorized to contract for all professional services required by the city, for which an appropriation has been made in the current budget, without implementing the formal request for proposal process set forth in subsection B, provided the contract involves an expenditure of city moneys of less than or equal to fifteen thousand dollars ($15,000.00) and the total proposed expenditure of city moneys under the contract and any amendments thereto will not exceed fifteen thousand dollars ($15,000.00). However, in procuring professional services pursuant to the authority provided in this subsection the city manager shall use his best efforts to obtain the best value for the city based upon (1) qualifications of the firm; (2) The firm's experience with similar projects; (3) the firm's capacity to provide the professional services consistent with the city's timelines for performance and (4) the total overall cost to the city unless excluded by state or federal law. In addition, to the extent that its provisions apply to the particular type of service to be procured, the city manager shall fully comply with the requirements of Government Code, section 4526, as may be amended, which shall take precedence over any conflicting provisions in this section. The contract procuring the professional services shall be approved as to form by the city attorney prior to execution by the city manager. The city clerk shall retain the original contract. The finance department shall encumber the amount against the budget”.

Although this contract will be under or at the threshold dollar amount pursuant to Arvin Municdoe 3.08.095(B) and therefore not required to be brought forth to the City Council, the City Manager prefers to have this agreement considered for approval by the City Council.

4.D.1
Attachment: Staff Report Avenu MuniServices, LLC Consultant Services Agmt for Cannabis Audit Services_101023 (Consultant Services Staff Report – Consultant Services Agreement – Avenu MuniServices, LLC

Page 2 of 2 ends

STAFF RECOMMENDATION:

Staff recommends approval of the Consultant Services Agreement between City of Arvin and Avenu MuniServices, LLC for Cannabis Audit Services.

FINANCIAL IMPACT:
$150 per hour not to exceed $7,500 per audit. Entire contract not to exceed $15,000.

ATTACHMENTS:

Consultant Services Agreement

4.D.1
Attachment: Staff Report Avenu MuniServices, LLC Consultant Services Agmt for Cannabis Audit Services_101023 (Consultant Services City of Arvin, Master Consultant Services Agreement 1
AGREEMENT NO. __________
Consultant Services Agreement
This Consultant Services Agreement (the “Agreement”) is made as of September 11, 2023 (“Effective Date”) by and between City of Arvin, a municipal corporation of the State of California ("CLIENT") and Avenu MuniServices, LLC, a Delaware limited liability company, (“CONSULTANT”), collectively the Parties. In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows:

A. Services

1. CONSULTANT will provide CLIENT with the Services described in EXHIBIT A, Statement of Work which is attached hereto and incorporated by reference. CONSULTANT shall provide said services at the time, place, and in the manner specified in EXHIBIT A.

2. CONSULTANT shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement.

B. Compensation

1. Upon execution of this Agreement, CLIENT will pay CONSULTANT as outlined in EXHIBIT B, Compensation Schedule incorporated and included herein.

C. General Provisions

1. Term of the Agreement: The initial term of this Agreement shall be for a period of one (1) three years (3) following the Effective Date. , and automatically renew for two (2) successive one (1) -year terms if neither party has cancelled (the “Term”). Either r party shall have the right to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing sixty (60) days prior written notice to the other party, specifically identifying the breach or breaches on which termination is based.

Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches.

In the event that such cure is not made, this Agreement shall terminate in accordance with the initial sixty (60) days’ notice. Provided, however, this Agreement is subject to termination upon not less than thirty (30) days written notice to CONSULTANT if CLIENT has failed to receive funds for the continued procurement of the Products or Services after every reasonable effort has been made by CLIENT to secure the necessary funding and if no substitute arrangement is made by CLIENT to obtain the same or similar System or Services from another source. CLIENT agrees to discontinue use of all hardware, software, and other CONSULTANT-owned materials no later than the effective date of termination and return the hardware, software, and other CONSULTANT-owned materials to CONSULTANT within thirty (30) calendar days after termination.

2. Effect of Termination: Notwithstanding non-renewal or termination of this Agreement, CLIENT shall be obligated to pay CONSULTANT for services performed through the effective date of termination for which CONSULTANT has not been previously paid. In addition, because the services performed by CONSULTANT prior to termination or non-renewal of this Agreement may result in the CLIENT’s receipt of revenue after termination which are subject to CONSULTANT’s fee, the CLIENT shall remain obligated after termination or non-renewal to provide to CONSULTANT such information as is necessary for CONSULTANT to calculate

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_101023 (Consultant Services Agreement City of Arvin, Master Consultant Services Agreement 2
compensation due as a result of the receipt of revenue by the CLIENT. Termination of this Agreement for any reason will not affect any liabilities or obligations of either party arising before termination or out of events causing termination and will not affect any damages or other remedies to which a party may be entitled under this Agreement, at law, or in equity, arising from any breach or default.

3. Independent Contractor: It is understood that CONSULTANT and its subcontractors, if any, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the CLIENT. CLIENT understands that CONSULTANT may perform similar services for others during the term of this Agreement and agrees that CONSULTANT representation of other government sector clients is not a conflict of interest. CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CLIENT's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights.

4. Subcontractors: CONSULTANT shall have the right to hire subcontractors to provide the services described herein. CONSULTANT, in rendering performance under this Agreement shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. CONSULTANT shall be solely responsible for and shall hold CLIENT harmless from any and all claims for any employee related fees and costs including without limitation employee insurance, employment taxes, workman’s compensation, withholding taxes or income taxes.

5. Notice: Any notice required to be given under this Agreement shall be in writing and either served personally, sent prepaid first-class mail, or by express mail courier (i.e. FedEx, UPS, etc.). Any such notice shall be addressed to the other party at the address set forth below. All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent overnight delivery.

If to CLIENT:

City of Arvin
Attn: Jeff Jones
200 Campus Dr
Arvin, CA 93203
Phone: 661-854-3134
Email: [email protected]
If to CONSULTANT:

Avenu MuniServices, LLC
Attn: Contracts Department
5860 Trinity Parkway., Suite 120
Centreville, VA 20120
Email: [email protected]

6. Representative or designees: CONSULTANT Primary Representative/Project Manager shall be:

Rachelle ArizmendiRachelle Arizmendi, Account ExecutiveClient Services Manager Phone: 213.200.6376 [CSM PHONE] Email: Rachelle.Arizmendi: [CSMEMAIL]@avenuinsights.com

7. Indemnity: CONSULTANT shall indemnify, defend, and hold harmless the CLIENT, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) to extent occurring or resulting from CONSULTANT’s negligent or unlawful performance of its obligations under or breach of the terms of this Agreement, unless such claims, liabilities, or losses arise out of, or are caused at least in part by the sole negligence or willful misconduct of the CLIENT. “CONSULTANT’s performance” includes CONSULTANT’s action or inaction and the action or inaction of CONSULTANT’s officers, employees, agents and subcontractors.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_101023 (Consultant Services Agreement City of Arvin, Master Consultant Services Agreement 3

8. Limitation of Liability: IN NO EVENT SHALL CONSULTANT, ITS EMPLOYEES,

CONTRACTORS, DIRECTORS, AFFILIATES AND/OR AGENTS BE LIABLE FOR ANY SPECIAL,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DELAY,

LOST DATA, DISRUPTION, AND LOSS OF ANTICIPATED PROFITS OR REVENUE ARISING

FROM OR RELATED TO THE SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT

OR TORT, AND WHETHER OR NOT CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN ADDITION, CONSULTANT’S TOTAL LIABILITY HEREUNDER, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEES DESCRIBED IN EXHIBIT B. THE FOREGOING SETS FORTH THE CLIENT’S EXCLUSIVE REMEDY FOR CLAIMS ARISING FROM OR OUT OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS BETWEEN CONSULTANT AND THE CLIENT AND CONSULTANT’S PRICING REFLECTS THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY SPECIFIED HEREIN.

9. Insurance: CONSULTANT shall keep in full force and effect insurance coverage during the term of this Agreement, including without limitation statutory workers’ compensation insurance; employer’s liability and commercial general liability insurance; comprehensive automobile liability insurance; professional liability and fidelity insurance. The insurance certificate shall name the CLIENT, its agents, officers, servants and employees as additional insureds under the CGL and Automobile policies with respect to the operations and work performed by the named insured as required by written contract. The General Liability policy is Primary & Non-Contributory. Waiver of Subrogation applies under the General Liability and Workers’ Compensation policies. The CGL insurance minimum coverage shall be at least $1,000,000 per incident, claim or occurrence and $2,000,000 aggregate. The Cybersecurity insurance minimum coverage shall be at least $2,500,000 per incident, claim or occurrence. The Automobile Liability insurance minimum coverage shall be at least $1,000,000 covering all owned, non-owned, and hired vehicles. The certificate shall provide that there will be no cancellation, termination, or non-renewal of the insurance coverage without a minimum 30-day written notice to the CLIENT, except in the case of cancellation for non-payment of premium which shall be at least 10-days written notice.

10. Equal Opportunity to Draft: The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language.

11. Assignment: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, representatives and assigns. CONSULTANT shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of CLIENT, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, CONSULTANT may assign this Agreement, in whole or in part, without the consent of CLIENT to any corporation or entity into which or with which CONSULTANT has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of CONSULTANT; or any corporation or entity which acquires all or substantially all of the assets of CONSULTANT. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns.

12. Ownership of Documents: Except for CONSULTANT’s preexisting proprietary information and processes, any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by CONSULTANT pursuant to this agreement shall be the property of the CLIENT at the moment of their completed preparation.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_101023 (Consultant Services Agreement City of Arvin, Master Consultant Services Agreement 4

13. Intellectual Property Rights: The entire right, title and interest in and to CONSULTANT’s database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement (collectively, the "Work Product") shall vest exclusively in CONSULTANT or its subcontractors.

The foregoing notwithstanding, in no event shall any CLIENT-owned data provided to CONSULTANT be deemed included within the Work Product.

14. Public Release and Statements: Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other’s activities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party. The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party’s prior written approval. In addition, the parties agree that their contracts with all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section.

15. Force Majeure: CONSULTANT shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, quarantines, pandemics, endemics, weather, fire, flood, earthquake, weather, climate change, elements of nature, war, terrorism, civil disturbance, labor disruptions, strikes, embargoes, power or telecommunications failures, inability to obtain supplies, breakdown of equipment or interruption in vendor services or communications, or cause beyond the reasonable control of CONSULTANT (“Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party that has experienced a delay or failure of performance caused by the Force Majeure Event will be excused from further performance or observance of the affected obligation(s) for as long as the extenuating circumstances prevail and that party continues to attempt to recommence performance or observance whenever and to whatever extent possible without delay. The party that experienced a delay or failure of performance caused by the Force Majeure Event will immediately notify the other party and describe in reasonable detail the circumstances causing the delay or failure of performance.

The provisions of this Section shall survive termination of this Agreement.

16. Relationship of the Parties This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind. CONSULTANT and CLIENT are independent parties, and neither party shall act as an agent for or partner of the other for any purpose. Nothing in this Agreement shall grant to either party any right to make any commitments of any kind for or on behalf of the other party without the prior written consent of the other party. CONSULTANT shall not be restricted from providing products or performing services for others and shall not be bound to CLIENT except as provided under this Agreement.

17. Severability If all or part of any term or condition of this Agreement, or the application of any term or condition of this Agreement, is determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of the terms and conditions of this Agreement (other than those portions determined to be invalid or unenforceable) shall not be affected, and the remaining terms and conditions (or portions of terms or conditions) shall be valid and enforceable to the fullest extent permitted by law. If a judicial determination prevents the accomplishment of the purpose of this Agreement, the invalid term or condition (or

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_101023 (Consultant Services Agreement City of Arvin, Master Consultant Services Agreement 5
portions of terms or conditions) shall be restated to conform to applicable law and to reflect as nearly as possible the original intent of the parties.

18. Waiver Or Forbearance Any delay or failure of either party to insist upon strict performance of any obligation under this Agreement or to exercise any right or remedy provided under this Agreement shall not be a waiver of that party’s right to demand strict compliance, irrespective of the number or duration of any delay(s) or failure(s). No term or condition imposed on either party under this Agreement shall be waived and no breach by either party shall be excused unless that waiver or excuse of a breach has been put in writing and signed by both parties. Waiver in any instance of any right or remedy shall not constitute waiver of any other right or remedy under this Agreement. Consent to or forbearance of any breach or substandard performance of any obligation under this Agreement shall not constitute consent to modification or reduction of the other obligations or forbearance of any other breach.

19. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter contained herein. Said Agreement shall not be amended, altered, or changed, except by a written amendment signed by both parties.

20. Headings The section headings used in this Agreement are merely for reference and have no independent legal meaning and impose no obligations or conditions on the parties.

21. Governing Law This Agreement shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Virginia, without reference to the principles of conflict of laws.

22. Counterparts: This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties.

23. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

24. Implementation: Implementation should begin as soon as possible from the signing of this Agreement (the “Implementation Date”) for the performance of services under the terms of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_101023 (Consultant Services Agreement City of Arvin, Master Consultant Services Agreement 6
IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above. “CLIENT”
City of Arvin
a Municipal Corporation
By: \signature1\
Name: ______________________________
Title: \title1\
Date: \date1\
“CONSULTANT”
Avenu MuniServices, LLC
a Delaware limited liability company
By: \signature2\
Name: ______________________________
Title: \title2\
Date: \date2\

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_101023 (Consultant Services Agreement City of Arvin, Master Consultant Services Agreement 7

EXHIBIT A - STATEMENT OF WORK
Cannabis Audit Services
The City desires to ensure the registered commercial cannabis retailers are conducting business within the guidelines provided for by the State of California related to taxation as well as local ordinances and that each maintains accurate books and records, to ensure the proper reporting to the various taxing entities and ensure the City obtains an accurate payment.

In performing Cannabis Audit Services, CONSULTANT will:
• Start with an Informational Kickoff Meeting - Meet with designated City staff to review and discuss potential audit candidates, audit approach, and establish a mutually agreeable project timeline. • Begin Audit process.
• Audit Issues/Findings – Meet with City staff on audit activities, including, but not limited to:
o Unexpected delays resulting from the business entity response or other causes. o Significant errors or issues identified during the audit process. o Cooporation issues with the business entity.
• Draft Report Presentation– Meet with City staff to present a draft report for each business. • Final Audit Report – Written report with information about each business; those in compliance, those not in compliance, and recommendations for corrective actions • Presentation of Audit Summary – Written report with recommendations on possible administrative, technical and/or regulatory policy modifications that may improve future compliance.

Commercial Canabis Business Audit Approach
CONSULTANT’s audit process has been developed to address the specifc requirements of each business operation and is not a one-size-fits-all approach. We recognize that businesses have differing operating styles, expertise, and attention to detail. CONSULTANT will conduct an initial expedited analytical evaluation before starting a complete verification of the business operations. The results of the initial analysis will determine the extent and depth of the full examination.

CONSULTANT will also work with City to create an audit authorization letter to be presented to the entities selected for review giving CONSULTANT authorization to conduct work on the City’s behalf. This letter will provide clear expectations for timely complying with audit requests such as access to the facility, system specifications and financial data storage and access.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_101023 (Consultant Services Agreement The audit analysis can include, but is not limited to the following tasks:

1. Review of applicable provisions of the City's municipal code and resolutions adopted by the City.

2. Review business records filed with the city such as application, operating agreements, compliance documents and tax returns.

3. Initiate communication with businesses to establish appropriate business contacts and to get an initial understanding of the business’ Point of Sales systems (POS), product inventory and tracking systems, accounting data systems, physical operation procedures and methodology.

4. Examination of business operations and financial data to verify the accuracy of reported tax returns and compliance with city regulatory and administrative policies.

5. Prepare draft audit report for each business entity. The report will identify any tax deficiencies with a summary explaining how the deficiencies were discovered and suggestions on a resolution to ensure future compliance.

6. The draft report will first be discussed with city staff and then presented to the business entity, upon city approval. The business entity will be provided an appropriate amount of time to review the audit report and respond to any of the audit findings.

7. Prepare a final audit report summarizing the findings. The audit report will include information about the specific aspects of the business that were in compliance, those that were not in compliance, and recommendations for corrective actions. If relevant, we will also include areas for continued monitoring.

8. Prepare an audit summary report upon completion of all the initial audits. The audit summary report will provide recommendations to the city on possible administrative, technical and/or regulatory policy modification that maybe considered to improve compliance with City operating and reporting requirements.

Client Assistance
• CLIENT will provide CONSULTANT with the records of those taxpayers authorized by CLIENT for examination, including but not limited to business name, business’s physical address, mailing address, and contact person’s name, email, and phone number.
• CLIENT agrees to return the signed authorization letter on CLIENT letterhead within thirty (30) days of the effective date of the agreement.
• CLIENT agrees to timely sign documents and correspondence, as required. • CLIENT agrees to provide CONSULTANT with its ordinances, codes, and tax rates within thirty (30) days of the effective date of the agreement, and notice of any changes thereafter in the ordinances, codes, and tax rates levied by the CLIENT.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_101023 (Consultant Services Agreement EXHIBIT B – COMPENSATION SCHEDULE
Audit
CONSULTANT’s compensation for the Cannabis Audit Services shall be an hourly fee of $150 not to exceed $7,500 per audit. The entire contract will not exceed $15,000. .

Travel and Out-of-Pocket
CLIENT shall reimburse CONSULTANT for reasonable travel and other out-of-pocket expenses associated with the performance of the field audits including but not limited to lodging, parking, mileage, per diem, etc. (Mileage and per diem shall be according to IRS regulations). Such reimbursement shall be billed incrementally.

Additional Consulting
CLIENT may request that CONSULTANT provide additional consulting services at any time during the term of this Agreement. If CONSULTANT and CLIENT agree on the scope of the additional consulting services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis.

Depending on the personnel assigned to perform the work, standard hourly rates range from ninety dollars ($90) per hour to three-hundred fifty dollars ($350) per hour.

These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_101023 (Consultant Services Agreement Staff Report – Auth City Manager to Execute Agreement with Valencia Aircold for HVAC units for Adobe Plaza Complex.

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Execute An Agreement with Valencia Aircold, Inc. for Purchase and Installation of Two (2) HVAC Units for the City of Arvin Adobe Plaza Complex in the Amount of $19,860; and to adopt a Class 1 Categorical Exemption (Existing Facilities) for the project under CEQA Guidelines Section 15301.

BACKGROUND:

The City of Arvin desires to replace the decades old heating and cooling system at the Adobe Plaza Complex with 2 new HVAC systems. The current old systems do not provide sufficient cooling.

The suites at the Adobe Plaza Complex are leased by tenants in accordance with the lease agreements previously approved by the City Council. The City’s responsibility as the landlord according to the lease agreements is to, at City’s sole cost and expense, maintain the structural elements of the building including the HVAC systems in good condition and repair.

Arvin Municipal Code Section 3.08.080 establishes an open market procedure for purchases under $30,000. The municipal code requires a minimum number of three bids, when possible, with the award of the bid provided to the lowest responsible bidder. Public Contract Code §1103 defines a “Responsible bidder” as one, “who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” Therefore, the City is not required to award the bid to the lowest bidder but instead to the lowest and responsible bidder.

The Public Works Supervisor reached out and obtained quotes from four local vendors regarding this project. Based on previous experience and work conducted for the City, Staff determined that although Valencia Aircold, Inc. did not provide the lowest bid, they were the lowest responsible bidder. Therefore, staff recommends awarding the bid to Valencia Aircold, Inc. in the amount of $19,860.

ENVIRONMENTAL:

Staff has performed a preliminary environmental assessment of this project and determined that it falls with the Categorical Exemption set forth in CEQA Guidelines Section 15301 (Existing Facilities), as the contract is for the replacement of outdated HVAC services in an existing structure (Adobe Plaza Complex) involving negligible or no expansion of existing facilities. Further, Staff has determined that none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

4.E.1
Attachment: Staff Report Agmt with Valencia Aircold, Inc. for HVAC Units at Adobe Plaza_101023 (Purchase and Installation of HVAC Units Staff Report – Auth City Manager to Execute Agreement with Valencia Aircold for HVAC units for Adobe Plaza Complex.

Page 2 of 2 ends

RECOMMENDATION:

Staff recommends the City Council adopt the Resolution authorizing the City Manager to execute an agreement with Valencia Aircold, Inc. for purchase and installation of two (2) HVAC units for the City of Arvin Adobe Plaza Complex in the amount of $19,860.00; and adopt a Class 1 Categorical Exemption (Existing Facilities) for the project under CEQA Guidelines Section 15301.

FINANCIAL IMPACT:

This project is funded by ARPA Economic Development funds.

ATTACHMENTS:
1) Proposal from Valencia Aircold, Inc.

4.E.1
Attachment: Staff Report Agmt with Valencia Aircold, Inc. for HVAC Units at Adobe Plaza_101023 (Purchase and Installation of HVAC Units Reso - Auth City Manager to Execute Agreement with Valencia Aircold for HVAC units for Adobe Plaza Complex.

Page 1 of 2 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH VALENCIA AIRCOLD, INC. FOR PURCHASE AND
INSTALLATION OF TWO (2) HVAC UNITS FOR THE CITY OF ARVIN ADOBE PLAZA COMPLEX IN THE AMOUNT OF $19,860; AND TO
ADOPT A CLASS 1 CATEGORICAL EXEMPTION (EXISTING

FACILITIES) FOR THE PROJECT UNDER CEQA GUIDELINES
SECTION 15301.

WHEREAS, the City of Arvin desires to replace a decades old heating and cooling system with new HVAC units at the City of Arvin’s Adobe Plaza Complex; and WHEREAS, the old units do not provide sufficient cooling; and WHEREAS, the suites at the Adobe Plaza Complex are leased by tenants in accordance with the lease agreements previously approved by the City Council and it is the City’s responsibility as the landlords to, at City’s sole cost and expense, maintain the structural elements of the building including the HVAC systems in good condition and repair; and WHEREAS, Arvin Municipal Code Section 3.08.080 establishes an open market procedure for purchases under $30,000 and requires a minimum number of three bids, when possible, with the award of the bid provided to the lowest responsible bidder; and WHEREAS, Public Contract Code §1103 defines a “Responsible bidder” as one, “who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.”; and WHEREAS, City staff obtained quotes from four local vendors and based on previous experience and work conducted for the City, Staff determined that although Valencia Aircold, Inc. did not provide the lowest bid, they were the lowest responsible bidder; and WHEREAS, City staff recommends awarding the bid to Valencia Aircold, Inc. for purchase and installation of two (2) HVAC units; and
NOW, THEREFORE, the City Council of the City of Arvin, does resolve as follows:

1. The City has performed a preliminary environmental assessment of this project and determined that it falls with the Categorical Exemption set forth in CEQA Guidelines Section 15301 (Existing Facilities), as the contract is for the purchase and installation of HVAC units in existing structures and buildings at the City of Arvin Adobe Plaza Complex involving negligible or no expansion of existing facilities. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project. As such, the City Council adopts a Class 1 Categorical Exemption (Existing Facilities) for this project under CEQA Guidelines Section

4.E.2
Attachment: Reso Agmt with Valencia Aircold, Inc. for HVAC Units at Adobe Plaza_100523 (Purchase and Installation of HVAC Units from Reso - Auth City Manager to Execute Agreement with Valencia Aircold for HVAC units for Adobe Plaza Complex.

Page 2 of 2 ends

15301.

2. The City Council authorizes the City Manager to purchase on the City’s behalf two (2) HVAC units and installation in an amount not to exceed $19,860.00 with Valencia Aircold, Inc., and to enter into any agreement(s) necessary for the same.

3. The City Manager is authorized to make any non-material, technical, and clerical edits and corrections to the agreement listed in (2), and subject to approval as to form by City Attorney.

4. This resolution is effective immediately upon adoption.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a special meeting thereof held on the 10 th day of October 2023 by
the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CITY OF ARVIN CECILIA VELA, City Clerk
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.E.2
Attachment: Reso Agmt with Valencia Aircold, Inc. for HVAC Units at Adobe Plaza_100523 (Purchase and Installation of HVAC Units from Proposal & Contract
Valencia Aircold, Inc.
5320 Taft Hwy
Bakersfield, CA 93313
Business: 661-747-4762
Fax: 661-836-0466
License # 904495
To: Arvin Adove HVAC Project
Date Job Location Attention
09/06/23 Air Conditioning Units 141 N A Street
Arvin, CA 93203
All the work mentioned above to be paid in full upon completion of installation.

Signature:_______________________ ___________ Date:____________ Item
#
QTY Scope of Work Unit Unit Price Line Total
2 We propose to remove 2 old 5ton complete split systems and install 2 5ton Rheem Horizontal Furnaces & Indoor Coils with a new drain pan and install new digital thermostats. We will also install a new filter rack for easy access for air filter replacement. The job includes city permit.------------------------ **If any zoning and duct work will stay the same
HVAC units come with a 5-year manufacturer warranty on
parts and a 1-year warranty on labor.
$9,860.00 $19,720.00
TOTAL $19,860.00

4.E.3
Attachment: Proposal Estimate from Valencia Aircold Inc. $19,860 (Purchase and Installation of HVAC Units from Valencia Aircold Inc. for

CITY OF ARVIN
Staff Report
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of Arvin Recognizing the Competitive Bidding Process of the California Multiple Award Schedule (CMAS) under the California Department of Government Service Contract; Dispensing with the Public Bidding Requirement; and Authorizing the City manager to Approve the Purchase of Baseball Field Equipment For DiGiorgio Park from Dave Bang Associates, Inc.; and Authorizing Related Actions.

BACKGROUND:

The City of Arvin was awarded a grant from the California Department of State Parks for DiGiorgio Park. The equipment to be purchased are the bleachers and the backstop baseball field equipment (dugouts and fencing). City staff proposes pre-purchasing DiGiorgio Park equipment from Dave Bang Associates, Inc. through a Department of Government Services CMAS contract. This effectively accomplishes three objectives:
1) Reduces the equipment cost by getting the best possible price through a Department of Government Service Contract.
2) Given the current state of inflation, if equipment prices go up during the next several months, the City’s equipment cost will be locked in.
3) Assures that the theme and design of the park maintain the theme and design concept submitted with the grant application.

Dave Bang estimates # CA258367, and #CA 258368 are for purchasing baseball field backstops and bleachers. The City is simultaneously seeking separate quotes for equipment installation and demolition of the existing equipment to ensure the best pricing.

STAFF RECOMMENDATION:

Staff is recommending the City Council approve the Resolution recognizing the competitive bidding process of the Department of Government Services CMAS contract with the State of California, dispensing with the public bidding requirement, and authorizing the City Manager to approve the purchase of the DiGiorgio Park equipment.

FINANCIAL IMPACT:

No fiscal impact; the purchase of this equipment for the DiGiorgio Park project is funded by Proposition 68, Per Capita Grant through the California State Department of Parks. The installation will be funded through the America Recue Plan Act “Parks Allocation”.

4.F.1
Attachment: Staff Report CMAS - DiGiorgio Park Baseball Equipment_101023 (Reso Recognizing Competitive CMAS DiGiorgio Baseball

ATTACHMENTS
:

Department of Government Services CMAS Contract (Dave Bang); Equipment Estimate(s) from Dave Bang acknowledging CMAS discount

4.F.1
Attachment: Staff Report CMAS - DiGiorgio Park Baseball Equipment_101023 (Reso Recognizing Competitive CMAS DiGiorgio Baseball

Page 1 of 2 ends

Reso Recognizing the Competitive Bidding Process of the California Multiple Award Schedule (CMAS) – DiGiorgio Park baseball field equipment.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

RECOGNIZING THE COMPETITIVE BIDDING PROCESS OF THE

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) UNDER THE

CALIFORNIA DEPARTMENT OF GOVERNMENT SERVICES
CONTRACT; DISPENSING WITH THE PUBLIC BIDDING
REQUIREMENT; AND AUTHORIZING THE CITY MANAGER TO

APPROVE THE PURCHASE OF BASEBALL FIELD EQUIPMENT FOR
DIGIORGIO PARK FROM DAVE BANG ASSOCIATES, INC.; AND
AUTHORIZING RELATED ACTIONS.

WHEREAS, the City of Arvin was awarded a grant for DiGiorgio Park by the California Department of State Parks under Proposition 68 Per Capita Program on March 30, 2022; and WHEREAS, the City of Arvin desires to purchase the DiGiorgio Park Baseball field equipment under a Department of Government Services Contract (CMAS) contract with DAVE BANG; and
WHEREAS, section 3.08.070 (B) (5) of the Arvin Municipal Code (AMC) states that Bidding or open market procedure may be dispensed with only when; Competitive bidding or proposal procedures are substantially similar to the competitive bidding or proposal procedures in this Code, have already been utilized either by a federal, state, county, city, or special district government agency or by a legitimate cooperative purchasing agency; and, that the supplies, equipment, materials or public works project provided to the city are at the same or better price, terms and conditions, as was obtained through such prior competitive bidding or proposal procedures; and
WHEREAS, the California Department of Government Services California conducted a competitive bidding process under a Department of Government Services Contract (CMAS) contract similar to the competitive bidding process required by Arvin Municipal Code Section

3.08.070, which will result in the purchase of recreational equipment at the same or better prices as offered to the City of Arvin.

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

1. The recitals are true and correct and incorporated by this reference; and

2. The City Council finds bidding or the open market procedure to be dispensed with under section 3.08.070 (B) (5) of the Arvin Municipal Code; and

3. That the City Council finds that the Department of Government Service of the State of California conducted a competitive bidding process substantially similar to the competitive bidding process required by Arvin Municipal Code Section 3.08.070, which resulted in the purchase of recreational park equipment at the same or better

4.F.2
Attachment: Reso CMAS - DiGiorgio Park Baseball Equipment_101023 (Reso Recognizing Competitive CMAS DiGiorgio Baseball Equipment)

Page 2 of 2 ends

Reso Recognizing the Competitive Bidding Process of the California Multiple Award Schedule (CMAS) – DiGiorgio Park baseball field equipment.
prices as offered to the City of Arvin; and

4. The City Council authorizes the City Manager to dispense with the public bidding requirement and approve the purchase of two baseball field equipment purchases not to exceed $ 84,047.91. Said purchase orders with Dave Bang Associates, Inc. shall be reviewed and approved as to legal form by the City Attorney, and the City Manager is authorized to approve said purchase order on behalf of the City of Arvin; and

5. This Resolution shall take effect immediately upon passage.

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 10 th day of October 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
Exhibit: Department of Government Services CMAS Contract (Dave Bang); Equipment Estimates from Dave Bang acknowledging CMAS pricing (2).

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.F.2
Attachment: Reso CMAS - DiGiorgio Park Baseball Equipment_101023 (Reso Recognizing Competitive CMAS DiGiorgio Baseball Equipment)

4.F.3
Attachment: CMAS CONTRACT UPDATED Dave Bang (Reso Recognizing Competitive CMAS DiGiorgio Baseball Equipment)

4.F.3
Attachment: CMAS CONTRACT UPDATED Dave Bang (Reso Recognizing Competitive CMAS DiGiorgio Baseball Equipment) Estimate
CA258367
P.O. Box 1088, TUSTIN, CA 92781 1-800-669-2585 DAVEBANG.COM [email protected] LIC #795052

Page 1 ends

To: City of Arvin
Attn: Christine Viterelli
200 Campus Drive
Arvin, CA 93203
Estimate Date Salesperson
09/27/2023 Eric Molano
DiGiorgio Park - Bleachers - R2
Due to current market conditions, our
estimates are valid for only 14 days and
are subject to change due to market
volatility
Estimated Shipping Date Shipped Via FOB Terms
3-5 Weeks Truck - CA Arvin Net 30
Quantity Description Unit Price Total Extended
2 Jaypro # BLCH-1021GR, 21' 10 ROW BLEACHER W/GUARD RAIL $19,663.00 $39,326.00 Subtotal $39,326.00
Less Special Discount ($1,966.30)
1 Shipping
*Due to current freight cost volatility, please contact us to confirm shipping price is valid prior to ordering.
$10,810.00 $10,810.00
THIS ESTIMATE IS SUBJECT TO THE ATTACHED TERMS AND CONDITIONS Subtotal $48,169.70

THANK YOU FOR THIS CHANCE TO ESTIMATE
Dave Bang Associate, INC. IS PLEASED TO SUBMIT THE ABOVE ESTIMATE FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS ESTIMATE IS SUBJECT TO THE ATTACHED TERMS AND CONDITIONS, AND IS VALID FOR 14 DAYS. THEREAFTER, IT IS SUBJECT TO CHANGE WITHOUT NOTICE.

Tax (8.25%) $3,082.18
Total $51,251.88
Accepted By
Print Name: Signature: Date:

PLEASE SIGN AND RETURN ONE COPY WHEN ORDERING. THANK YOU!

4.F.4
Attachment: CA258367 - City of Arvin - DiGiorgio Park - Bleachers - R2 (Reso Recognizing Competitive CMAS DiGiorgio Baseball Equipment) Estimate
CA258367
P.O. Box 1088, TUSTIN, CA 92781 1-800-669-2585 DAVEBANG.COM [email protected] LIC #795052

Page 2 ends

Terms & Conditions

1. General Notes
*Assembly and Installation NOT included unless otherwise noted *Payment and Performance bonds are NOT included unless otherwise stated.

If required, additional charges will apply. Please call for details! *Customer responsible for quoted quantities and model numbers, please check! *Price reflects quoted quantity. Please request revision if alternate quantity is desired.

2. Payment / Ordering
*TO ORDER, please sign quote and return via email or fax to avoid any shipping delays. Fax or email copy deemed to be legal equivalent of original. If Payment with Order is required, please sign quote below and return with payment. All past due accounts subject to 1 ½% monthly finance charge. In the event legal action is required to effect collection venue shall be Orange, CA.

3. Shipping / Unloading
*Shipped by Common Carrier – Customer will need 2-4 people to unload. Liftgate NOT included. Items will be boxed and / or stretch wrapped to pallets and customer is responsible for offloading. Delivery Drivers do NOT unload **IMPORTANT: Customer is responsible for receiving and checking quantities and condition at time of delivery - Please note any shortages or damages on delivery copy.
*Notwithstanding anything to the contrary in any Contract Documents, Customer understands that estimated shipment times for materials are an estimate only.

We have no control over shipment dates. We thus make no guarantee to Owner or Customer regarding the projected shipment dates for materials and shall not be liable for any loss caused by the timing of shipments

4. Engineered Wood Fiber
*Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer. *Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer. *Compaction of the Engineered Wood Fiber is NOT included in the installation cost, if desired, please request an updated proposal. If Compaction of the Engineered Wood Fiber was purchased, a high capacity water source such as a hydrant must be available. If applicable, the cost of a meter and / or the cost of the water is NOT included in the proposal. If we need to acquire the meter and / or pay for the water, please request an updated proposal

5. General Notes for Purchased Installation
*Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders, prep work, flat work, grading, rerouting of water, electric, drainage or sprinkler lines unless otherwise noted in the proposal *Demo of existing equipment or safety surfacing is NOT included unless otherwise stated in the proposal *ROCK CLAUSE: Pricing is based on normal soil conditions which would allow an auger on a tractor to dig footings. If rocks/boulders interfere with the progress of the excavation, additional fees may apply.
*ACCESS CLAUSE: Installation based on clear access to area. Crane service is NOT included. Customer to provide access for bobcat to work area, bobcat will be provided by installer. Minimum access shall be 7’ wide and 7’ high. If adequate access is not provided additional charges may apply and repairs to landscape and irrigation may be required. Customer is responsible for any repairs to landscape if proper access is not provided. *UTILITY CLAUSE: Installation to include marking of utilities by Dig Alert. Dig Alert CANNOT locate any private lines, PVC or plastic water lines. Installation does NOT include repair or relocating any underground utilities, such as drainage, irrigation, live water lines, main low voltage lines, gas, electrical, communication, or sewer etc. Customers responsibility to provide locations of any utilities prior to commencement of work. *Customer is responsible for all landscape repairs such as, but not limited to damaged trees, bushes, lawn, curbing, sidewalks and/or asphalt paving caused by materials truck and/or 2-ton bobcat needed to complete project. *Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders unless otherwise noted *Before we proceed with the playground installation, the playground area MUST be compacted, be free of debris, and excavated accordingly. Please call for details.
*Concrete pad for surface mount items NOT included and MUST be provided by customer unless otherwise stated. *Surface mount anchoring to asphalt and paver areas is NOT included unless otherwise stated. *Private Utility Locator is NOT included unless otherwise noted. Private Utility Locator CANNOT locate any PVC or plastic water lines *Installation does NOT include saw cutting and/or core drilling unless otherwise noted *Installation does NOT include jackhammering. Please call for details. *Area MUST have normal soil conditions and be level.
*All Athletic Equipment Goals such as soccer, football, etc, install location MUST be marked out by customer prior to installation, if installation was purchased

Page 3 ends

6. Temporary Fencing
*Security guards and/or temporary fencing to prevent injuries, vandalism and/or accidental damage to install area or to the rubberized surface while it sets is NOT included unless noted on quote. If desired, the installers can put up caution tape, but Temporary Fencing is recommended. Although the fencing, if provided, is intended to provide this security, the overall security of the property is ultimately the responsibility of customer. We are not responsible for any vandalism or injuries even with the provision of the fencing.

7. ADA Access
*Play Equipment MUST be installed over an impact-absorbing surface such as ADA compliant Engineered Wood Fiber or Rubber Surfacing. If not quoted, please call for details.
*This area is NOT ADA compliant without the installation of compliant surfacing and an accessible route up to and into the playground area. Please call for details.

8. Poured-in-Place Rubber Surfacing
*Rubber Surfacing cure time is normally 48-72 hours and can vary depending on weather conditions. *Rubber Surfacing cannot be installed during extreme weather conditions and may also not be installed if rain or frost is forecast during the cure time. *48-Hour Manned Security is NOT included for rubber.

9. Shade Shelters (non DSA)
*Shade Shelter installation price EXCLUDES – unless otherwise stated in this quote - engineering, permits, permit submittal, site plans, special inspections, soil reports, impact fees, special assessment fees. Customer is responsible for any and all of these items if required by the City. *Shade Shelter manufacture time is 6-8 weeks. Permitting can add 2-4 weeks or more to lead time. PLEASE NOTE: Shade Orders are NOT released into production until permit is issued!
*Shade Shelter installation price EXCLUDES concrete pad, footings, masonry columns, electrical wiring and lights unless otherwise noted.

10. Shade Shelters (DSA)
**6-8 Week lead time is AFTER DSA approval by your architect of choice * Customer to receive shade shelter. If receiving by us is needed, please call for pricing and details! * Job to be completed in one mobilization. Additional moves will be additional pricing if we are required to remobilize due to schedule issues, stop work or a delay in work not caused by us
*Pricing does NOT include, architectural drawings, site/plot plans, DSA submittal fees, job site inspector fees, shop welding inspection fees, and/or permits *DSA in-plant Welding Inspector to be hired by the School District. Welding Inspector fee has NOT been quoted. *School District / Architect responsible for submission of plans to DSA for DSA approval *Fabrication cannot start until inspections have been coordinated, colors have been selected, and approved plans received. *Fabrication cannot start until inspections have been coordinated, colors have been selected, and approved plans received.

11. Prevailing Wages
*Prevailing Wages NOT included unless otherwise noted. (ie: Davis Bacon, TERO, ect.) If this is a Prevailing Wage project, please request alternate pricing. *If Prevailing Wages / Davis Bacon Wages were INCLUDED, all other special work fees NOT included - Additional Labor Charges may apply if alternate labor is required.
*If DIR Project Registration is required, work may not begin until we receive DIR Project ID number

12. Indemnity Provision
*Notwithstanding anything to the contrary in any Contract Documents we shall have no duty to defend or indemnify Owner, Customer, or any other party we agree to defend or indemnify in any Contract Documents for that portion of any claim arising out of the comparative fault of any party we agree to defend or indemnify in any Contract Documents.

13. Insurance
Available Insurance
Umbrella / Excess Liability:

Each Occurrence - $2,000,000.00
Aggregate - $2,000,000.00
General Liability Limits:

Deductible - $2,500.00
Each Occurrence - $1,000,000.00
Damage to Rented Premises - $100,000.00

Page 4 ends

Medical Expense - $5,000.00
Personal & Adv Injury - $1,000,000.00
General Aggregate (per project) - $2,000,000.00
Products Comp/OP Agg - $2,000,000.00
Excludes Contractual Liability
Available Endorsements:

Additional Insured Ongoing Operations CG2010
Additional Insured Completed Operations CG 2037
Primary Noncontributory IFG-G-0094
Waiver of Subrogation CG 2404
Per Project Aggregate IFG-G-0065
Per Location Aggregate IFG-G-0064
Auto Liability Limits:
(Any Auto, Hired Autos, Non-Owned Autos)
Combined Single Limit $1,000,000.00
Available Endorsements:

Auto Blanket Additional Insured/Waiver of Subrogation CAT353 Workers Compensation and Employers Liability:

Each Accident - $1,000,000.00
Disease (Ea Employee) - $1,000,000.00
Disease (Policy Limit) - $1,000,000.00
Waiver of Subrogation Endorsement available upon request CA WC040306
Initial:

4.F.4
Attachment: CA258367 - City of Arvin - DiGiorgio Park - Bleachers - R2 (Reso Recognizing Competitive CMAS DiGiorgio Baseball Equipment) Estimate
CA258368
P.O. Box 1088, TUSTIN, CA 92781 1-800-669-2585 DAVEBANG.COM [email protected] LIC #795052

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To: City of Arvin
Attn: Pedro Barraza
200 Campus Drive
Arvin, CA 93203
Estimate Date Salesperson
09/27/2023 Eric Molano
DiGiorgio Park - Baseball Backstop - R1
Due to current market conditions, our
estimates are valid for only 14 days and
are subject to change due to market
volatility
Estimated Shipping Date Shipped Via FOB Terms
8-10 Weeks Truck - CA Arvin Net 30 CMAS #4-22-12-1015
Quantity Description Unit Price Total Extended
1 LA Steelcraft # LA BS-25, Custom Field Sport Item with a 20' rear and front opening of 58'3''
$29,499.00 $29,499.00
Subtotal $29,499.00
Less CMAS Discount ($1,474.95)
1 Shipping
*Due to current freight cost volatility, please contact us to confirm shipping price is valid prior to ordering.
$2,460.00 $2,460.00
THIS ESTIMATE IS SUBJECT TO THE ATTACHED TERMS AND CONDITIONS Subtotal $30,484.05

Tax (8.25%) $2,311.98
Total $32,796.03
Accepted By
Print Name: Signature: Date:

PLEASE SIGN AND RETURN ONE COPY WHEN ORDERING. THANK YOU!

4.F.5
Attachment: CA258368 - City of Arvin - DiGiorgio Park - Baseball Backstop - R1 (Reso Recognizing Competitive CMAS DiGiorgio Baseball Estimate
CA258368
P.O. Box 1088, TUSTIN, CA 92781 1-800-669-2585 DAVEBANG.COM [email protected] LIC #795052

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Terms & Conditions

1. General Notes
*Assembly and Installation NOT included unless otherwise noted *Payment and Performance bonds are NOT included unless otherwise stated.

Page 3 ends

13. Insurance
Available Insurance
Umbrella / Excess Liability:

Each Occurrence - $2,000,000.00
Aggregate - $2,000,000.00
General Liability Limits:

Deductible - $2,500.00
Each Occurrence - $1,000,000.00
Damage to Rented Premises - $100,000.00

Page 4 ends

Auto Blanket Additional Insured/Waiver of Subrogation CAT353 Workers Compensation and Employers Liability:

Each Accident - $1,000,000.00
Disease (Ea Employee) - $1,000,000.00
Disease (Policy Limit) - $1,000,000.00
Waiver of Subrogation Endorsement available upon request CA WC040306
Initial:

4.F.5
Attachment: CA258368 - City of Arvin - DiGiorgio Park - Baseball Backstop - R1 (Reso Recognizing Competitive CMAS DiGiorgio Baseball

CITY OF ARVIN
Staff Report
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of An Agreement (Non-fiscal Memorandum of Understanding) with CivicWell for Hosting Civic Spark Fellows for Fiscal Year 2023-2024.

BACKGROUND:

The City of Arvin staff has been actively hosting Civic Spark fellows in partnership with CivicWell to provide additional staff capacity in the Community Development Department and Administration. The City of Arvin already has a contracted Housing Accelerator fellow and a planned Environment Justice fellow who will be onboarding in January 2024 or sooner. The grants manager has recently obtained full funding for both positions through full sponsorship from the California Department of Housing and Community Development (HCD) and the California Energy Commission (CEC). This will result in a net saving to the City’s general fund position. As such, staff requests approval for a new non-fiscal MOU now required by CivicWell.

STAFF RECOMMENDATION:

Staff recommends approval of the Agreement (Non-fiscal Memorandum of Understanding) with CivicWell for Hosting Civic Spark Fellows for Fiscal Year 2022-2023.

FINANCIAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Memorandum of Understanding with CivicWell for Hosting Civic Spark Fellows for Fiscal Year 2023-2024.

4.G.1
Attachment: Staff Report - MOU with CivicWell for Hosting Civic Spark Fellows FY 23/24_101023 (MOU with CivicWell for Hosting Civic Spark {00022644.1} Page 1 of 10
AGREEMENT NO. ________

MEMORANDUM OF UNDERSTANDING FOR HOSTING

CIVICSPARK FELLOWS
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into as of October 5th, 2023 (“Effective Date”) by and between the City of Arvin (“Partner”) and CivicWell (formerly, Local Government Commission), a California nonprofit public benefit corporation.

RECITALS
A. CivicWell administers the CivicSpark program, as part of the federal AmeriCorps program. The CivicSpark program provides capacity building services to local organizations through project implementation activities performed by CivicWell teams, CivicWell staff and CivicSpark Fellows (“Fellows”). Fellows can only work on contracted and allowable service activities. CivicSpark will provide this service to local organizations by conducting assessments, implementing planning or action projects, engaging volunteers, and transferring knowledge to Partner staff.

B. Partner desires to engage CivicWell to provide certain services through the CivicSpark program and CivicWell desires to provide those services. Compensation for these services is being provided through third-party funding. This document is to establish the basic guidelines and expectations between Partner and CivicWell.

C. Partner desires to be a host to up to two (2) fellows, and CivicWell desires to provide Fellows’ service to Partner. This document is to establish the basic guidelines and expectations between Partner and CivicWell.

D. Partner and CivicWell enter into this MOU in order to memorialize the terms of CivicWell’s performance of the services and Partner’s obligations with respect thereto.

AGREEMENT
Article I. Contracted Performance Measures and Policies

1.1 CivicWell has contracted with AmeriCorps to implement CivicSpark as an AmeriCorps program. Fellows can only work on service outlined in performance measures approved by AmeriCorps and must abide by Federal guidelines for AmeriCorps program implementation. Performance measures define how CivicSpark will provide service to local organizations by: conducting assessments; implementing planning, research or implementation projects; engaging volunteers; and transferring knowledge to local organization staff. The project scope in Article II below must align with the measures below:
(1) Capacity Building for Local Organizations – Fellows’ direct service hours should be spent building capacity for local service recipients to address their relative needs with regard to specific issues (e.g., climate, water, housing etc.). Fellows will address these needs by assisting one or more local service recipients to develop or implement projects that they would otherwise not be able to complete. Capacity building for Fellows will be delivered in three stages, including: (1) gap assessments; (2) research, planning, and implementation service projects; and (3) transition of knowledge. (2) Volunteer Engagement – All Fellows should have the opportunity to build further capacity by engaging, recruiting, and supporting volunteers. Volunteers may be engaged as either one-time volunteers

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Attachment: MOU with CivicWell for Hosting Civic Spark Fellows FY 23-24_101023 (MOU with CivicWell for Hosting Civic Spark Fellows FY {00022644.1} Page 2 of 10
(e.g., volunteers to assist for a specific event such as Earth Day or service activities) or as on-going volunteers such as interns.
(3) Training and Professional Development for Fellows – Fellows can spend up to 20% of their service year (340 of their 1700 total hours or less if a ¾ fellow position) on training. Training includes the 1-week orientation at the start of the service year, mid-year gathering, continued monthly trainings, and professional development and networking opportunities. Training hours ensure that Fellows have the training and tools they need to succeed in their service work and to grow as professionals.

The majority of the service provided by CivicSpark to local organizations via direct service only involves the first measure (Capacity Building). The second and third measure is predominantly met through training, service and professional development activities provided to the Fellows by CivicWell. Some activities that occur while working with local service recipients or other project partners may be considered training and professional development, such as networking events and trainings conducted by or attended in partnership with Partner.

1.2 Federal guidelines further restrict certain activities, which cannot be engaged in by CivicSpark Fellows or Supervisors while charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by CivicSpark program or AmeriCorps, and this includes direct fundraising or grant writing which are not allowable activities in CivicSpark. In addition to only working on contracted performance measure service activities, the following activities are prohibited (see 45 CFR § 2520.65):

1. Attempting to influence legislation;

2. Organizing or engaging in protests, petitions, boycotts, or strikes;

3. Assisting, promoting, or deterring union organizing;

4. Impairing existing contracts for services or collective bargaining agreements;

5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office;

6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials;

7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization;

8. Providing a direct benefit to—
a. A business organized for profit;
b. A labor union;
c. A partisan political organization;
d. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and
e. An organization engaged in the religious activities described above, unless AmeriCorps assistance is not used to support those religious activities;

9. Conducting a voter registration drive or using AmeriCorps funds to conduct a voter registration drive;

10. Providing abortion services or referrals for receipt of such services; and

11. Such other activities as AmeriCorps may prohibit.

Fellows, like other private citizens, may participate in the above listed activities on their own time, at their own expense, and on their own initiative. However, the AmeriCorps logo must not be worn while doing so.

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1.3 Reasonable Accommodations: Per Federal Guidelines and CivicWell policies, the CivicSpark program and activities must follow equal opportunity employment requirements and be accessible to persons with disabilities by providing reasonable accommodation in support of this:
1) CivicWell and Partner will comply with Equal Opportunity Employment guidelines. 2) CivicWell and Partner will endeavor to make reasonable accommodations to known physical or mental limitations of qualified AmeriCorps members with disabilities unless the accommodation would impose an undue hardship on the program operations. 3) CivicWell and Partner will endeavor to accommodate the sincere religious beliefs of AmeriCorps Members to the extent such accommodation does not pose an undue hardship on Partner’s operations. 4) CivicWell and Partner will not allow any form of retaliation against individuals who raise issues of equal employment opportunity or reasonable accommodation.

1.4 Non-Duplication and Non-Displacement: Federal guidelines further restrict engagement of CivicSpark Fellows to duplicate or displace staff (see 45 CFR § 2540.100(e)-(f) 1) Nonduplication. AmeriCorps assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of paragraph (f) of this section are met, AmeriCorps assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides.
2) Nondisplacement.
a. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving AmeriCorps assistance. b. An organization may not displace a volunteer by using a participant in a program receiving AmeriCorps assistance.
c. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. d. A participant in a program receiving AmeriCorps assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
e. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that—
i. Will supplant the hiring of employed workers; or
ii. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. f. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any— i. Presently employed worker;
ii. Employee who recently resigned or was discharged;
iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or v. Employee who is on strike or who is being locked out.

4.G.2
Attachment: MOU with CivicWell for Hosting Civic Spark Fellows FY 23-24_101023 (MOU with CivicWell for Hosting Civic Spark Fellows FY {00022644.1} Page
4 of 10

1.5 Non-Harassment and Civil Rights Policy:

4.G.2
Attachment: MOU with CivicWell for Hosting Civic Spark Fellows FY 23-24_101023 (MOU with CivicWell for Hosting Civic Spark Fellows FY {00022644.1} Page 5 of 10
Article II. Scope of Services

2.1 CivicWell will perform the following services:
1) General Program Responsibilities
a. Provide clear guidelines to Fellows regarding AmeriCorps regulations and expectations. b. Recruit and train Fellows to provide capacity building services for the region. c. Work to provide support and guidance for Fellows, addressing any concerns that might develop during the service year.
d. Hold Fellows accountable for the desired service results and work with Fellows on their professional development and behavior.
e. Manage local government beneficiary and/or other partner service contracts. f. Share outcomes from service with Partner.
g. Provide membership to CivicWell’s national network for an additional fee, if desired. As a CivicWell member, you will have access to our wider organization’s direct assistance and practical tools for implementing on-the-ground successes in your community. Member benefits including networking and best practices, event discounts, invitations to lunch & learns, news and action updates, resource highlights and policy action alerts. 2) Fellow Responsibilities
a. Pass a state, national, and National Sex Offender Public Website (NSOPW) background check before starting their service year.
b. Participate in a 1-week program orientation and complete at least 100 hours of training through dedicated Fellow training, development, and service days. c. Serve an average of 37 hours per week for 11 months, serving a minimum of 1700 total hours, with at least 1300 hours dedicated to Partner project activities (see below). d. Comply with guidelines for performance measures and abide by regulations on prohibited activities described in Section 1 above.
e. Complete accurate project reporting in a timely manner as required by AmeriCorps, including:
assessments, implementation, hours served, volunteers recruited and supported, and transition of knowledge to local governments.
f. Avoid participation in prohibited activities.
g. Identify as a Fellow and wear AmeriCorps lapel pins or gear during service hours. h. Participate in days of national service including, but not limited to: Martin Luther King, Jr. Day of Service; State Day of Service, and AmeriCorps week Service Day. (i) Participate in days of national service including, but not limited to: Martin Luther King, Jr. Day of Service; 9/11 Day of Remembrance; State Day of Service, and AmeriCorps week Service Day.
3) Project-Specific Scope of Work- Housing Accelerator II a. The fellow will coordinate with relevant consultants and staff to facilitate the implementation of the ADU program and template.
(i) In support of Arvin’s ADU program and need to accelerate housing in its community the fellow will be responsible for advertising the program, outreach to residents, and keeping staff up to date on all new stipulations and legislation regarding the program. The fellow will also provide over-the-counter service to residents, answer frequently asked questions, and inform them of additional financing options. Providing ADU templates will allow community members to choose a layout and apply it for the development of their properties, as opposed to abiding

4.G.2
Attachment: MOU with CivicWell for Hosting Civic Spark Fellows FY 23-24_101023 (MOU with CivicWell for Hosting Civic Spark Fellows FY {00022644.1} Page 6 of 10
by the regular approval process. The program will significantly decrease the time, staff resources, and cost of development, accelerating the rate of affordable housing development in the City of Arvin.
b. The Civic Spark Fellow will also coordinate with all departments to help facilitate the city’s Town Center project.
(i) The fellow will be responsible for coordination with numerous consultants and groups is needed, as the project entails a new supermarket, several retail developments, affordable infill housing, bike lane developments, a zero-emission transit station, and a new community college.
c. In support of the City of Arvin PLHA program.
(i) The fellow will roll out the third phase of the PLHA program to offer grants and forgivable loans to help residents bring ADUs up to code. The fellow will coordinate with City Staff and Self-Help enterprises to provide outreach support for the program (along with other potential housing programs), and presentations to ensure the program is successful. This will involve hosting public workshops, informing the public of funding they may qualify for, and providing over-thecounter service in the city’s’ Planning and Building Department. d. This project will include: (1) an initial gap assessment conducted by the Fellow, (2) a volunteer engagement component, and (3) a transitional support activity. (i) Minor changes to the scope following the requisite gap assessment process may be needed.
(ii) The project will comply with AmeriCorps service guidelines, including prohibited activities described in Article I above. 3) Project-Specific Scope of Work- EJ & Outreach Fellow II a) In support of Arvin’s EJ and Outreach Position.
(i) The EJ Fellow will support Arvin’s Grants Manager through the planning and coordination of programs in critical areas such as urban greening and urban forestry, environmental justice, energy efficiency, and clean air through research, planning, community engagement, and program implementation to catalyze action at a community scale:
(ii) Coordinate the AB617 process alongside the consultant team and Grants Manager to include but not limited to outreach tasks, materials preparation for the Community Steering Committee (CSC), sub-groups, stakeholders, and residents, and implementation of AB617 projects.
(iii)Research Environmental Justice Policies (State and Federal), and general legislative policy research for program analysis and implementation.
(iv) Assist the Grants Manager in supporting and implementing community outreach, including developing education and promotion materials, developing networks and connections between residents, stakeholders, and the City to facilitate information and resource sharing, and direct engagement with the public utilizing community engagement best practices.

4.G.2
Attachment: MOU with CivicWell for Hosting Civic Spark Fellows FY 23-24_101023 (MOU with CivicWell for Hosting Civic Spark Fellows FY {00022644.1} Page 7 of 10
b) This project will include (1) an initial gap assessment conducted by the Fellow, (2) a volunteer engagement component, and (3) a transitional support activity. (i) Minor changes to the scope following the requisite gap assessment process may be needed. (ii) The project will comply with AmeriCorps service guidelines, including prohibited activities described in Article I above.

Major Activities include:

AB617 Implementation program support and coordination at the local level Aid in efforts around AB617 coordination at the local government level to provide community education materials and program support, such as city-level and city-appointed implementation projects from SJVAPCD and CARB

Energy and decarbonization program support and funding research Community engagement to include; public outreach, presentations, workshops, events, creating printed resources and educational materials such as flyers and infographics
Legislative, policy research collaboration
Attending AB617 Meetings, CERF meetings, KCCD Collaborative meetings, Kern Cog meetings, collaborative partnership meetings, and City Council meetings upon request Clean Air and Energy – Program Support for a Clean Energy Fair (2nd Annual) event planning and implementation
Article III. Partner Responsibilities

3.1 Partner will perform the following services:
1) Support Responsibilities
a. Support Fellow recruitment by advertising your open placement through appropriate channels and networks (e.g., websites, newsletters, social media, job boards, etc.) b. Identify one staff member to act as the “Site Supervisor” for the project, and point person for both the Fellow and CivicSpark staff.
c. Site Supervisor shall support project implementation and professional development by:
i. Setting aside at least 1 hour/week to check in with each Fellow and provide assistance for each approved project.
ii. Familiarizing Fellows to the host organization (including safety procedures and protocols), resources, and project scope.
iii. Completing an initial performance assessment of each Fellow (survey and goal setting) within 1 month of the start of the service year; conducting a mid-year performance review; and completing a final performance review survey prior to the end of the service year.
iv. Seeking opportunities to integrate Fellows’ professional goals into project activities. v. As appropriate, facilitating Fellows’ transition at the end of their service year by introducing Fellows to relevant colleagues and networks. vi. Provide adequate professional workspace for Fellows within the office (e.g., desk, computer, phone, etc.), and ensure that site and workplace are accessible to individuals with disabilities if needed.

4.G.2
Attachment: MOU with CivicWell for Hosting Civic Spark Fellows FY 23-24_101023 (MOU with CivicWell for Hosting Civic Spark Fellows FY {00022644.1} Page 8 of 10

1. Provide a laptop or equivalent computer if Fellow(s) will be teleserving from home on a regular basis (e.g. hybrid schedule).
vii. If needed due to COVID or any other emergency reason, be able to support partial virtual service for Fellows (e.g., remote access to files, plans for virtual check-in and support, technology support for remote work)
d. Develop defined project scope(s) and identify goals to be completed in agreed upon timeframe. i. Ensure key staff for each defined project completes a pre-service capacity assessment survey before the start of the service year and a post-service capacity assessment towards the end of the year.
ii. Ensure key staff for each defined project participates in a project interview early on in the service year (within the first 2-3 weeks), a part of the CivicSpark gap assessment process. e. Support implementation of project(s) consistent with scope above and in line with CivicSpark program goals (including supporting volunteer engagement activities and participating in transitional event)
f. Keep Regional Coordinators and/or other CivicWell staff apprised of project developments and/or challenges, and working to redefine project scope(s) and goals as necessary. g. If challenges arise (related to professionalism, work products, etc.) provide specific written feedback to the Fellow and share with CivicWell staff in a timely manner so CivicWell staff can assess the challenges and intervene as needed.
h. Assist with occasional site visits to Partner by CivicWell staff. i. Not displace Partner staff or volunteers through the use of CivicSpark Fellows, nor have CivicSpark Fellows perform any services or duties that would supplant the hiring of employed workers.
j. Not offer the CivicSpark Fellow part- or full-time employment that is substantially similar to their CivicSpark scope of work, with a start date prior to the service year-end date. Such circumstances would constitute a material breach of the Agreement, and the sponsoring Partner would remain responsible for paying any remaining amounts due under this Agreement had the Fellow completed their project with the Partner.
2) Reporting Responsibilities
a. Complete applications for CivicSpark projects, identifying:
i. Total hours desired for service work;
ii. Identification of at least 2 projects for at least 1 beneficiary per fellow (or 1 project for 2 or more beneficiaries).

1. Beneficiaries can be individual departments within a single local government or even individual staff members within the same department.

2. Specific eligibility requirements are provided here:
https://civicspark.civicwell.org/partnership-opportunities/ iii. Ensure a staff person involved in the project from each local government beneficiary completes a pre-service capacity assessment survey before the start of the service year and a post-service capacity assessment towards the end of the year. The pre-service survey defines goals for the project and establishes a baseline perspective on issues relevant to the specific project issue (i.e., climate, water, housing, mobility, etc.). The post-service survey evaluates the degree to which the Fellows’ work made progress toward the goals and baselines established in the pre-service capacity assessment survey. iv. Ensure a staff person involved in the project from each local government beneficiary participates in a project interview early on in the service year (within the first 2-3 weeks), as part of the CivicSpark gap assessment process.
v. Submit Fellow performance assessments on time, as described above. vi. Complete any additional project reporting defined as necessary.

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vii. Allow CivicSpark to share results of all reporting with the state service commission and AmeriCorps, for required grant reporting.

Article IV. CivicWell Membership

4.1 CivicWell provides the Partner membership to CivicWell’s Membership, which is being provided at no-cost to Partner for one (1) year as of the date that payment is received by CivicWell from fiscal sponsor. Membership entitles up to ten (10) Partner staff to CivicWell membership benefits for one year.

Partner is interested in joining membership, and agrees to complete the Membership form with staff information as soon as possible to access benefits.

Article IV. Reimbursable Expenses

4.1 CivicWell does not cover project related expenses related to the service project. All project related expenses are the responsibility of the Partner. Expenses that the Partner should plan for include mileage, meals, event fees, and any other expenses needed for the Fellow to implement the project. Fellows should not incur expenses relating to the project unless Partner has funds to cover such expenses.

4.2 Should Partner need to have a Fellow incur project-related expenses, those expenses shall be submitted by Fellow to Partner in writing for approval prior to Fellow incurring these expenses and prior to Partner being charged for reimbursement for an expense incurred during the completion of activities outlined in the Scope of Service (Article II). Partner agrees to make the payment in a timely manner in order for Fellow(s) to be reimbursed.

Article V. Miscellaneous

5.1 Timeline. All tasks enumerated in Article II are to start on September 13, 2023, or as soon after that as feasible and should be completed by December 31, 2024.

5.2 Indemnity. To the extent limited by applicable law, each party to this MOU (“Indemnitor”) shall indemnify, defend, and hold harmless the other party (“Indemnitee”) and its directors, officers, agents, contractors, volunteers, and employees, from and against any and all liabilities and claims, including attorney fees and other legal expenses, arising directly or indirectly from any act or failure by the Indemnitor of or in any way related to the Indemnitor’s performance of this MOU or representations made in this MOU. This provision shall survive the termination of this MOU.

5.3 Notices. All notices or other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been given when delivered if personally delivered or sent via electronic mail (with receipt confirmed), or three business days after mailing if mailed by certified mail, postage prepaid, return receipt requested, and shall be addressed as follows:

If to CivicWell: Lare Bloodworth
Chief Financial Officer
CivicWell
PO Box 188800
Sacramento, CA 95818
(916) 448-1198

4.G.2
Attachment: MOU with CivicWell for Hosting Civic Spark Fellows FY 23-24_101023 (MOU with CivicWell for Hosting Civic Spark Fellows FY {00022644.1} Page 10 of 10
[email protected]
If to City of Arvin: Jeff Jones
City of Arvin
200 Campus Drive, P.O. Box 548
Arvin, Ca. 93203
661-854-3134
661-854-0817 Fax
[email protected]
Notice delivered personally will be deemed communicated as of actual receipt.

5.4 Governing Law. This MOU shall be construed under the laws of the State of California, Colorado or Washington.

5.5 Attorney’s Fees. The prevailing party in any action at law or in equity necessary to enforce or interpret the terms of this MOU shall be entitled to reasonable attorney fees and costs in addition to any other relief to which that party may be entitled.

5.6 Entire Agreement; Amendments. This MOU contains all of the agreements of the parties hereto with respect to the matters contained herein, and no prior contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this MOU may be amended or added to except by a writing signed by the parties hereto.

5.7 Counterparts. This MOU may be executed by electronic or hard-copy signature and in counterparts, each of which shall be deemed to be one and the same instrument.

Dated as of the Effective Date set forth above:

PARTNER:

City of Arvin
By
Jeff Jones, City Manager
CIVICWELL:

CIVICWELL, a California nonprofit public benefit
corporation
By
Lare Bloodworth, Chief Financial Officer

4.G.2
Attachment: MOU with CivicWell for Hosting Civic Spark Fellows FY 23-24_101023 (MOU with CivicWell for Hosting Civic Spark Fellows FY Staff Report Awarding Bid to Haaker for purchase of streetsweeper and declaring old streetsweeper as surplus_101023.

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Megan Miller, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Proposal from Haaker Equipment Company for Purchase of One (1) Elgin Crosswind Sweeper in the amount of $118,767.57; and Approving the Sale of Equipment Declared as Surplus.

BACKGROUND
There are several consistent concerns for the overall cleanliness and maintenance of the City.

Street sweeping is one of the most consistent concerns voiced. We have taken steps to mitigate the staffing barrier of the sweeper service. The other notable barrier is the reliability of the unit.

The sweeper unit runs on a Nissan Diesel chassis. The parts for the Nissan Diesel are uncommon and obsolete which creates long delays in repair process time. In assessing the unit and the repairs performed to date, there has been considerable spend on unit # 302. In a four-year retrospective review, the City of Arvin has spent $66,648.94 for repairs on this unit.

Arvin Municipal Code section 3.08.090 establishes a formal contract procedure for purchases over thirty thousand dollars and requires a notice inviting sealed bids to be published in a newspaper of general circulation, printed and published in the city of Arvin; requiring sealed bids submitted to the City Clerk; and identifying the time and place of the bid opening.

City staff obtained three bids from different vendors on comparable units to purchase a new unit and the bid from Haaker Equipment Company came in as the most qualified responsive and responsible bid. The complete price delivered is $118,767.57. This purchase affords us a more efficient unit affixed to a Freightliner chassis allowing for readily available replacement part procurement resulting in more timely, less costly repairs.

Arvin Municipal Code section 3.08.110 specifies that current department heads of the city shall submit reports showing surplus stock, materials, and equipment. When it is found by the City Council that such materials owned by the City are not needed for use by any city department, the Council may declare such materials as surplus and authorize the sale thereof and proceeds from any such sale shall be deposited into City treasury.

The sale of this unit will allow for some funds to offset the purchase and avoid continued spending on unit 302.

4.H.1
Attachment: Staff Report Award Streetsweeper Bid to Haaker and Declare Old Streetsweeper as Surplus_101023 (Awarding Bid for Purchase of Staff Report Awarding Bid to Haaker for purchase of streetsweeper and declaring old streetsweeper as surplus_101023.

Page 2 of 2 ends

The following equipment is to be sold as surplus in its current operational condition:

Unit Make and Model VIN # / Serial # License # Miles / Engine Hours 302 2010 ELGIN Crosswind Nissan Diesel JNAPC81L6AAF80028 1330277 22606/999.9 If the City Council determines that this item is surplus and authorizes its sale, the City intends to sell it at auction to the highest bidder.

RECOMMENDATION
Staff recommends that the City Council approve the Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Proposal from Haaker Equipment Company for Purchase of One (1) Elgin Crosswind Sweeper in the amount of $118,767.57; and Approving the Sale of Equipment Declared as Surplus.

FINANCIAL IMPACT
If approved, the purchase from Haaker will be funded via American Rescue Plan Act allocation for streets and roads.

All proceeds of the sale of the other unit will result in a positive financial impact and will be deposited into the city General Fund.

ATTACHMENTS
Haaker Quote
Unit #302 Repair Breakdown
Unit #302

4.H.1
Attachment: Staff Report Award Streetsweeper Bid to Haaker and Declare Old Streetsweeper as Surplus_101023 (Awarding Bid for Purchase of Reso Awarding Bid to Haaker for purchase of streetsweeper and declaring old streetsweeper as surplus – Oct. 10, 2023.

Page 1 of 3 ends

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ACCEPTING AND AWARDING BID AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE PROPOSAL FROM HAAKER
EQUIPMENT COMPANY FOR PURCHASE OF ONE (1) ELGIN
CROSSWIND SWEEPER IN THE AMOUNT OF $118,767.57; AND
APPROVING THE SALE OF EQUPMENT DECLARED AS SURPLUS.

WHEREAS, the City’s current 2010 Elgin Crosswind Streetsweeper unit is unreliable and often in need of repair; and
WHEREAS, the City has spent considerable amount of funds and time to periodically repair the City’s current streetsweeper; and
WHEREAS, the City of Arvin desires to replace its streetsweeper; and WHEREAS, Arvin Municipal Code section 3.08.090 establishes a formal contract procedure for purchases over thirty thousand dollars and requires a notice inviting sealed bids to be published in a newspaper of general circulation, printed and published in the city of Arvin; requiring sealed bids submitted to the City Clerk; and identifying the time and place of the bid opening; and
WHEREAS, on September 15, 2023 the City issued a Request for Proposal (RFP) following the procedures as prescribed by AMC 3.08.090, seeking sealed proposals from qualified equipment vendors to purchase one 2017-2023 Elgin Crosswind Sweeper on Freightliner Chassis; and
WHEREAS, on September 27, 2023, at 3:00 pm, the following three sealed bids were received and were opened by the City Clerk at the Arvin City Hall:

Haaker Equipment Company (Used 2019): $118,767.15
Municipal Maintenance Equipment (Used 2019): $140,650.15; Municipal Maintenance Equipment - Alternate Bid (New 2023): $338,280.17; and WHEREAS, Staff have examined the bids received, and found the bid from Haaker Equipment company to be the most qualified responsive and responsible bidder, and has recommended it for the award of this project; and
WHEREAS, the City desires to finance this purchase using American Rescue Plan Act fund; and
WHEREAS, Arvin Municipal Code (AMC) Section 3.08.110 (Surplus property-Sale or other disposal) establishes a procedure to declare equipment surplus; and

4.H.2
Attachment: Reso Awarding Bid to Haaker for Streetsweepr and Declaring Equipment as Surplus__101023 (Awarding Bid for Purchase of New Reso Awarding Bid to Haaker for purchase of streetsweeper and declaring old streetsweeper as surplus – Oct. 10, 2023.

Page 2 of 3 ends

WHEREAS, AMC Section 3.08.110 (A) states that all department heads of the city shall submit to the city council at such times, and in such form as may be prescribed, reports showing stock, materials, equipment and any real property on hand not then in use in said department.

When a surplus of stock, materials, equipment, or real property exists in any department, the city council may transfer the same to any other department having a need for such stock or any portion thereof on approval of the city council or its designated official; and WHEREAS, AMC Section 3.08.110 (B) states, when it is found by the city council that stock, materials, equipment, or real property exists which is not needed for use by any city department, the city council may authorize the sale thereof, and the proceeds from any such sale or sales shall be deposited in the city treasury; and
WHEREAS, AMC Section 3.08.110 (C) states, upon the city council's finding and authorization of the sale of surplus stock, materials, equipment, or real property, the city manager may take whatever steps necessary to obtain the highest price in exchange for the sale of the surplus stock, materials, equipment, or real property. The determination of the highest price that will be most favorable to the city will be made by the city manager, within his/her sole discretion. The city manager may thereafter enter into and complete the sale of the surplus stock, materials, equipment, or real property on behalf of the city; and WHEREAS, the following Public Works equipment is no longer in use and is surplus:

Unit Make and Model VIN # / Serial # License # Miles / Engine Hours
302 2010 ELGIN Crosswind
Nissan Diesel
JNAPC81L6AAF80028 1330277 22606 / 999.9
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby resolve as follows:

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

2. The City Council finds that Haaker Equipment Company is the lowest qualified responsive and responsible bidder.

3. The City Council of the City of Arvin does hereby accept the bids received, awards the streetsweeper bid to Haaker Equipment Company, and authorizes the City Manager to execute the proposal with Haaker Equipment Company for the purchase of one 2017- 2023 Elgin Crosswind Sweeper on Freightliner Chassis.

4. The City Council of the City of Arvin hereby declares the 2010 Elgin Crosswind Nissan Diesel Streetsweeper described above as surplus and authorizes its sale by the City Manager.

5. The City Council finds that this action is in the best interests of the City of Arvin.

6. This Resolution shall immediately take effect upon passage.

Page 3 of 3 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

4.H.2
Attachment: Reso Awarding Bid to Haaker for Streetsweepr and Declaring Equipment as Surplus__101023 (Awarding Bid for Purchase of New 4490 South K Street, Tulare, California 93274
(559) 220-8987 ~ haaker.com
QUOTE
August 14, 2023

TO: CITY OF ARVIN ATTN: MR. PEDRO BARRAZA
200 CAMPUS DRIVE (661) 854-3197
ARVIN, CA 93203 EMAIL: [email protected]
In accordance with your request, we are pleased to submit the following proposal for your consideration and approval.

ONE (1) ELGIN CROSSWIND SWEEPER – SINGLE ENGINE (70691 / FL223) Estimated Hours: 2,586 Estimated Miles: 26,358
Equipped with Memory Sweep, Tier 4F emissions, John Deere 4045 Turbocharge Diesel Engine, 8.0 Cu. Yd. Hopper. Mounted on a 2019 Freightliner M2 chassis. Unit Painted Elgin Standard White with Elgin Gray Undercarriage.

STANDARD ITEMS INCLUDED
·Patented Shared Power System
·Alternator, 95 amp
·Auto Shutdown, Aux. Engine
·Backup Alarm, electric
·Blower, HARDOX®500 steel with linatex
lined housing
·Brooms, hydraulic rotation
·Brooms, Dual
·Camera, rear mounted
·Console, w/rocker switches for all sweep
functions, with full gauge package including
tachometer, engine hour meter, oil pressure
indicator, coolant temperature, voltmeter
and fuel lever indicator, water level gauge
and warning lights for hopper "up", hopper
rear door "open" and hopper "full",
with auxiliary engine, RPM control, side
broom down pressure controls and
automotive style blade fuses
·Doors, access fiberglass doors provide easy
service and maintenance on auxiliary
engine,
hydraulic and electrical system
·Electronic Actuated Throttle, sweep
resume/sweep
transport/reverse pick-up
·Fuel Water Separator on Aux Engine
·Hopper rear door, hydraulically
opened/closed and
·locked/unlocked with external manual
controls
·Hose, hydrant fill, 16'8" (5080 mm) with
coupling
·LED Clearance Lights
·Lights; rear clearance and rear
identification
·Manuals, operator and parts
·Mirrors, West Coast type with 8” convex
inserts, one each side
·Pick-up head, hydraulically operated,
·14” (355 mm) outside diameter pressure
hose,
·12-3/4” (324mm) inside diameter suction
hose w/quick disconnect on suctions side
·Water system; one (1) rocker switch with
HI / LOW setting, with manual valves for
water control
· Spray nozzles, sixteen (16), seven (7) in the
pick-up head, three (3) in the suction
nozzle, three (3) at each side broom
· Side Broom Outer Position Stop
·Trans Oil Cooler
·Vacuum enhancer, external manually
operated
·Water tank, molded polyethylene, 240
gallons (907L)
·Water pre-filter, hydrant fill hose

4.H.3
Attachment: Street Sweepr Quote from Haaker Aug 14, 2023_CC Mtg of 101023 Redacted (Awarding Bid for Purchase of New Street Sweeper &

OPTIONAL ITEMS INCLUDED
·Memory Sweep
·RHS Side Broom tilt with In cab display
·LHS Side Broom tilt with in cab display
· Side Broom and RR Flood Lights, LED
·Dual Side Broom Scrub
·In Cab Hopper Dump
·Hyd Oil Level Thermometer
·6” Hopper Drain
·Lifeliner Hopper System
·Bumper mount strobes/2
·PM 10 Compliant
·Flow Blocker
·Hopper Deluge
·Anti Siphon Air Gap
·LED Stop/Tail/Turn Lights
·Front Spray Bar
·25’ Water Hose
·5# Fire Extinguisher
· Safety Triangles
·Hydrant wrench
UNIT PRICE:........................................................................................................... $ 109,716.00 SALES TAX (8.25%)................................................................................................. $ 9,051.57 TOTAL PRICE FOB: ARVIN, CA:............................................................ $ 118,767.57

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO

WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: Price is good for 15 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.

TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.

DELIVERY: 7-14 Days TERMS: Net 10 or Approved Lease
Add-On/Cooperative Purchase Authorization: Haaker Equipment Company offers the above proposed price, terms and conditions to any governmental agency or subdivision in the State of California or Nevada for a period not to exceed a full calendar year from the date of original purchaser’s purchase order or contract.

We appreciate the opportunity to present this proposal and look forward to being of further and continued service.

HAAKER EQUIPMENT COMPANY ACCEPTED BY:

BY: DATE:

GEORGE LOPEZ

SALES REPRESENTATIVE

4.H.3
Attachment: Street Sweepr Quote from Haaker Aug 14, 2023_CC Mtg of 101023 Redacted (Awarding Bid for Purchase of New Street Sweeper & STREET SWEEPER REPAIRS 07/01/2019 - 08/17/2023
GL Date Fiscal Year Vendor
200-020-5012 08/01/2019 19-20 TYACK TIRES INC.
200-020-5012 11/15/2019 19-20 MOBILE AG & INDUSTRIAL SUPPLY 200-020-5012 12/12/2019 19-20 TYACK TIRES INC.
200-020-5039 01/24/2020 19-20 HAAKER EQUIPMENT COMPANY
200-020-5012 02/17/2020 19-20 C & T AUTOMOTIVE, INC
200-020-5039 03/30/2020 19-20 HAAKER EQUIPMENT COMPANY
200-020-5039 04/28/2020 19-20 COMPLETE HARDWARE STORE & MORE 19-20 Total
200-020-5012 07/16/2020 20-21 O'REILLY AUTOMOTIVE, INC
200-020-5039 07/23/2020 20-21 HAAKER EQUIPMENT COMPANY
200-020-5039 08/03/2020 20-21 HAAKER EQUIPMENT COMPANY
200-020-5012 10/19/2020 20-21 MOBILE AG & INDUSTRIAL SUPPLY 200-020-5012 10/22/2020 20-21 O'REILLY AUTOMOTIVE, INC
200-020-5012 10/27/2020 20-21 MOBILE AG & INDUSTRIAL SUPPLY 200-020-5039 12/07/2020 20-21 HAAKER EQUIPMENT COMPANY
200-020-5039 12/11/2020 20-21 MOBILE AG & INDUSTRIAL SUPPLY 200-020-5012 04/07/2021 20-21 O'REILLY AUTOMOTIVE, INC
200-020-5012 04/07/2021 20-21 O'REILLY AUTOMOTIVE, INC
200-020-5039 04/26/2021 20-21 HAAKER EQUIPMENT COMPANY
200-020-5039 06/04/2021 20-21 HAAKER EQUIPMENT COMPANY
200-020-5012 06/10/2021 20-21 BRANDON'S TRANSMISSION
20-21 Total
200-020-5012 07/21/2021 21-22 O'REILLY AUTOMOTIVE, INC
200-020-5012 08/16/2021 21-22 PACIFIC TIRE ARVIN
30-20-200-200-19-5039 12/01/2021 21-22 1160 - HAAKER EQUIPMENT COMPANY 30-20-200-200-19-5039 12/01/2021 21-22 1160 - HAAKER EQUIPMENT COMPANY 30-20-200-200-19-5012 02/23/2022 21-22 1255 - BRANDONS TRANSMISSION 30-20-200-200-19-5039 06/08/2022 21-22 1423 - CARQUEST OF ARVIN 30-20-200-200-19-5039 06/08/2022 21-22 1160 - HAAKER EQUIPMENT COMPANY 30-20-200-200-19-5039 06/10/2022 21-22 1247 - MOBILE AG AND INDUSTRIAL SUPPLY 21-22 Total
30-20-200-200-19-5012 09/21/2022 22-23 1184 - OREILLY AUTOMOTIVE INC 30-20-200-200-19-5039 09/28/2022 22-23 1423 - CARQUEST OF ARVIN 30-20-200-200-19-5039 09/28/2022 22-23 1423 - CARQUEST OF ARVIN 30-20-200-200-19-5012 09/28/2022 22-23 1184 - OREILLY AUTOMOTIVE INC 30-20-200-200-19-5012 10/27/2022 22-23 1459 - URIEL JESSE ORTIZ 30-20-200-200-19-5012 10/31/2022 22-23 1110 - PACIFIC TIRE ARVIN 30-20-200-200-19-5012 11/09/2022 22-23 1110 - PACIFIC TIRE ARVIN 30-20-200-200-19-5012 01/06/2023 22-23 1255 - BRANDONS TRANSMISSION 30-20-200-200-19-5012 03/16/2023 22-23 1255 - BRANDONS TRANSMISSION 30-20-200-200-19-5039 03/29/2023 22-23 1160 - HAAKER EQUIPMENT COMPANY 30-20-200-200-19-5012 04/26/2023 22-23 1255 - BRANDONS TRANSMISSION 22-23 Total
30-20-200-200-19-5012 08/04/2023 23-24 1459 - URIEL JESSE ORTIZ 23-24 Total
Grand Total

4.H.4
Attachment: Street Sweeper Repairs 07.01.19 - 08.17.23 (Awarding Bid for Purchase of New Street Sweeper & Declaring Old Sweeper Unit as Inv JE Description Amount
INV#: 193580 254139 NEW TIRES - UNIT# 302 863.50
INV#: 102280 257698 REPAIRS - STREET SWEEPER 4,935.82
INV#: 196543 258960 UNIT 302 REPLACE RF TIRE 405.30
INV#: C59043 261176 UNIT 302 WLDT-HPR DEFLECTOR 925.30
INV#: 900027832 261358 UNIT 302 A/C HEATER BLOWER REP 374.92 INV#: C60920 263738 STREET SWEEPER PARTS 872.80
INV#: 314753 264195 STREET SWEEPER REPAIR 8.62
8,386.26
INV#: 4451-491126 268000 UNIT 302 REPLACE BATTERY 123.19 INV#: C63850 268598 PARTS FOR STREET SWEEPER 76.84
INV#: W62094 268678 STREET SWEEPER- REPAIR WATER 1,622.89 INV#: 106092 271881 UNIT 302 STREET SWEEPER 4,139.34
INV#: 4451-110292 271887 UNIT 302 ST SWEEPER LIGHT SWIT 5.40 INV#: 106192 271880 UNIT 302 STREET SWEEPER 1,357.46
INV#: W64052 274059 STREET SWEEPER- REPAIR BROKEN 738.68 INV#: 106683 274061 UNIT 302 STREET SWEEPER 1,104.01
INV#: 4451-140698 279532 UNIT 302 ST SWEEPR HARDWARE 5.40 INV#: 4451-140695 279531 UNIT 302 ST SWEEPR 2 BATTERIES 261.59 INV#: W65762 280060 REPLACE PICKUP HEAD CURTAIN 7,475.10 INV#: C71841 281472 SIDE BROOMS FOR STREET SWEEPER 902.80 INV#: 6626 280902 UNIT 302 STREET SWEEPER A/C 5,010.99
22,823.69
INV#: 4451-161440 283535 UNIT 302 AIR FILTER - GASKET 138.72 INV#: 28847 283798 UNIT 302 STREET SWEEPER 60.00
C75892 39787 UNIT 302 STREET SWEEPER PARTS 128.68
C75672 39787 UNIT 302 STREET SWEEPER REPAIR 2,248.35
6985 40158 UNIT 302 STREET SWEEPER EGR FAIL- EXH TEMP FAIL- 11,859.59 15638-6226 40513 PW UNIT 302 HYDRAUKIC FLUID FOR ST SWEEPER 127.71 C80786 40528 PW UNIT 302 ST SWEEPER PARTS 1,261.20
111719 40535 PW UNIT 302 ST SWEEPER MATERIAL USED TO REPAIR 803.34 16,627.59
4451-246344 41087 ROCKER SWITCH FOR SWEEPER 8.65
15638-7636 41041 HOSE CLAMP FOR UNIT #302 4.64
15638-7635 41041 RAD HOSE - UPPER FOR UNIT #302 SWEAPER 25.97 4451-247767 41087 SWEEPER UNIT #302 ANTIFREEZE 30.27
INV2121 41255 UNIT #302 SWEEPER DRIVE BELT, SERPENTINE BELT 500.36 31850 41245 STREET SWEEPER NEW TIRE UNIT #302 448.16
31892 41245 UNIT #302 STREET SWEEPER GLASS WAS IN TIRE 50.00 INV0000559 41481 UNIT 302 STREET SWEEPER- REPALCE AIR BRAKE DRYER 5,129.75 005008 41852 UNIT 302 STREET SWEEPER 978.75
C5A0FM 41963 UNIT 302 STREET SWEEPER 988.28
INV0000676 41979 STREET SWEEPER UNIT 302 9,896.57
18,061.40
INV2170 42514 UNIT 302 ELECTRICAL REPAIR 750.00
750.00
66,648.94

4.H.4
Attachment: Street Sweeper Repairs 07.01.19 - 08.17.23 (Awarding Bid for Purchase of New Street Sweeper & Declaring Old Sweeper Unit as CC Report October 10, 2023 – Accessory Dwelling Unit Ordinance Page 1 of 6

CITY OF ARVIN
City Council

STAFF REPORT
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jake Raper, Contract Planner
Jeffery Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Introduction and First Reading of An Ordinance of the City Council of the City of Arvin Adopting Zoning Code Amendment ZCA No. 2023-04 to Title 17 Zoning - Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and to Accept California Environmental Quality Act (CEQA) A Notice of Exemption.

BACKGROUND:

The Planning Commission, at the conclusion of their public hearing on September 19, 2023, recommended that the City Council approve Zoning Code Amendment No. 2023-04 and accept the Notice of Exemption as the appropriate CEQA determination.

The City of Arvin adopted Section 17.50.060 Additional Dwelling Units – Requirements in 1965.

This section permitted additional dwelling units in the residential zones upon the Planning Commission approving a Conditional Use Permit. The existing section is obsolete and adding Chapter 17.51 Accessory Dwelling Units, the city zoning code will become compliant with existing State law which now requires all cities and counties to permit by right accessory dwelling units and junior accessory dwelling units in all zones that permit residential uses.

The City of Arvin received a grant from the State of California Housing and Community Development Department to prepare an Accessory Dwelling Unit ordinance, to prepare preapproved construction plans for accessory dwelling units, and to prepare handouts, both in English and in Spanish, for use by the residents of Arvin. The City of Arvin, through a Request for Proposal, RFP, retained the services of Precision Engineering Services to assist in the preparation of the Accessory Dwelling Unit (ADU) ordinance and other work products.

Upon adoption of the ADU ordinance by the City Council, Staff will forward the adopted ordinance to the State California Department of Housing and Community Development (HCD) for its comments which may require additional changes. The staff at HCD have 60 days in which to complete their review of the adopted ordinance and provide comments as to the adequacy of the adopted ordinance. If comments are received, the ordinance will need to be further amended to address any changes. If HCD finds that any adopted ordinance enacted by a local jurisdiction is

5.A.1
Attachment: 1 - Staff Report ZCA 2023-04 ADU - CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - CC Report October 10, 2023 – Accessory Dwelling Unit Ordinance Page 2 of 6 in any way inconsistent with state law, the ordinance is void. If this occurs, the ADU ordinance will require amending. Staff will prepare reports to the Planning Commission and City Council that will update the ordinance which will respond to HCD findings.

AUTHORIZATION BY CITY COUNCIL:

On September 19, 2017, the City Council adopted Resolution No. 2017-92 which authorized the City Manager to bring forward various code amendments; whenever the public necessity, convenience, general welfare, or good practices justify such action. 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.

PUBLIC HEARING NOTICE:

A 1/8-page public hearing notice advertising the City Council public hearing date of October 10, 2023, was published in Bakersfield California on September 28, 2023, providing a 10-day review, in accordance with Government Code Section 65850. Agencies that provide services, water, and sewer, were provided a mailed public hearing notice (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 and posted at the City Clerk’s Office.

The 1/8-page notice provided a summary of the proposed Accessory Dwelling Unit ordinance which will affect all residential zoned properties within City of Arvin and provide a notice that the City intends to adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA).

DISCUSSION:

The Accessory Dwelling Unit Handbook published by the California Department of Housing and Community Development- Updated July 2022, attached, provides a comprehensive review of the state legislation and HCD’s interpretation. The handbook contains a section relating to questions and answers for use by local government and residents. It also contains legislative mandates requiring cities and counties to abide by in the implementation of the state laws. The following definitions provide a general overview of the Accessory Dwelling Unit legislation.

Structure: Accessory Dwelling Unit (ADU) is accessory to a primary residence and has complete independent living facilities for one or more persons and has a few variations: Detached – the unit is separated from the primary structure; Attached – the unit is attached to the primary structure; Converted Existing Space – Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit.

Junior ADUs: We are required to allow these smaller ADUs, only in single-family homes, and less than 500 square feet of existing space.

Separate sale of JADUs: Government Code Section 65852.26 was added which allows, under certain circumstances, the separate sale of a JADU when the property is constructed and owned by

5.A.1
Attachment: 1 - Staff Report ZCA 2023-04 ADU - CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - CC Report October 10, 2023 – Accessory Dwelling Unit Ordinance Page 3 of 6 a 501(c)(3) nonprofit. The JADU must, among other requirements, remain affordable for a minimum of 45 years, and the owner of the single-family home must reside within the home.

Fees:

Processing Fee: An ADU or JADU can only be charged for the cost of processing a new singlefamily dwelling (SFD). Impact/development fees can only be charged if the ADU is greater than 750 square feet. The fee must be prorated based on fees for the SFD.

Lot size: The state has removed any requirement for a minimum lot size.

Number of ADUs: Any lot where an ADU is permitted may have one ADU and one JADU. In situations where multi-family units exist, two detached ADUs are permitted plus additional units up to 25 percent of the existing unit total. These units can be constructed within existing unit space, subject to limitations. No JADUs are permitted in multi-family units.

Setbacks, Size and Height: A detached ADU can now have side and rear setbacks of just four feet, and the height of the building can be up to 16 feet. In Arvin’s code, the height of the ADU may be the height permitted in the applicable zone district. An ADU must be at least 110 square feet based on the California Building Code.

Utility Meters: An ADU is not considered a new residential use for purposes of calculating connection fees unless constructed concurrent with a new SFD onsite.

Parking: A previous revision of the state's legislation allows parking within setback areas or as tandem parking on driveways. Covered parking is not required. If a carport or garage is converted or demolished for the construction of an ADU, the primary home parking is no longer required.

Processing time: The overall time to process an ADU and/or JADU must be reduced to 60 days.

Nonconforming: The correction of nonconforming structures requesting conversion to accessory units shall not be a condition for ministerial permits.

Owner-occupied: If a JADU is constructed within a single-family home, the owner must reside in either the JADU or the primary home. A Covenant Agreement is required to be recorded. For an ADU, there is no requirement for the owner to occupy either the primary unit or the ADU.

Precision Engineering Services has retained Mr. Thom Black, Architect to create three (3) prereviewed construction plans for the detached ADU. Note. Applicants for building permits will need to have several items prepared, e.g., truss calculations, plot plan/site plan, energy calculations (solar – if required), etc. City Staff and Precision Staff are working with the architect to finalize the pre-reviewed construction plans for three plans. As of this date, the preliminary concepts are shown below:

Preliminary Plan for 432 Sq. Ft. Floor Plan Concept
Preliminary Plan for 498 Sq. Ft. RESEDA - 35% SKETCH

To provide City residents with information concerning ADUs and JADUs, Precision Engineering Services will create an ADU program guide to assist potential applicants in the review and application process for permits to construct an ADU. This How To Guide will be published on the City’s website.
· Introduction: about ADUs, definitions, permitting costs, timelines, considerations, etc. · Requirements: translation of code/ordinance and state law into a user-friendly, easy-to-follow format to assist applicants.
· Options for Designing ADUs: identify options for designing ADUs including a design expert/architect, modular or prefabricated, or participating in the pre-approved program. · Application Submittal Process and Requirements: overview of the permitting process, submittal requirements, contacts (service providers, City staff, consultants), tools and resources (plot plan template, locating easements and special requirements, calculating lot coverage, etc.).
· Permit Ready Program: introduction and overview of the permit ready program, benefits of participating, FAQs, etc.

Additionally, Precision Engineering Services will be producing an Internal Policy and Procedure for staff to use in processing ADU permit applications.

ENVIRONMENTAL REVIEW AND DETERMINATION:

The proposed ordinance, ZCA 2023-04, amendment to Title 17 Zoning, Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units is exempt per Section 15061(b)(3) (General Rule) of the California Environmental Quality

5.A.1
Attachment: 1 - Staff Report ZCA 2023-04 ADU - CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - CC Report October 10, 2023 – Accessory Dwelling Unit Ordinance Page 6 of 6 Act (CEQA) Guidelines because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed ordinance amendments are covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed ordinance amendments are to bring city regulations into compliance with state mandates and will not affect any scenic highway or resources, propose development on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code, does not affect any site that could qualify as historical resources and no structures are to be demolished, nor would the project have a significant adverse impact on a historic resource.

FISCAL CONSIDERATIONS:

Revenue Reduction: Minor reduction in revenues due to the state's ordinance preventing a local agency from assessing discretionary processing fees and in most cases the collection of impact fees and connection fees for utilities.

Research and Ordinance Adoption: This Project is funded by LEAP 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.

RECOMMENDATION
It is recommended that the City Council Introduction and waive the first reading of the attached ordinance: An Ordinance of the City Council of City of Arvin, California, Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and Accept California Environmental Quality Act (CEQA) A Notice of Exemption.

END OF REPORT.

Attachments:
• Ordinance No. XX, ZCA No. 2023-04, Code Amendments Deleting Chapter 17.50 – Miscellaneous Regulations, Section 17.50.060 Additional Dwelling Units – Requirements and Adding Chapter 17.51 Accessory Dwelling Units
• California Department of Housing and Community Development – Accessory Dwelling Unit Handbook – Updated July 2022
Documents on file at City Clerk’s Office:

1. Public Hearing Notice – Published on September 28, 2023.

2. Notice of Exemption – ZCA No. 2023-04 for Deleting Chapter 17.50 – Miscellaneous Regulations, Section 17.50.060 Additional Dwelling Units – Requirements and Adding Chapter 17.51 Accessory Dwelling Units.

5.A.1
Attachment: 1 - Staff Report ZCA 2023-04 ADU - CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 1 of 13 ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING ZONING CODE AMENDMENT ZCA 2023-04 TO TITLE 17
ZONING - DELETING CHAPTER 17.50, SECTION 17.50.060 ADDITIONAL DWELLING UNITS AND ADDING CHAPTER 17.51 ACCESSORY
DWELLING UNITS.

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

1. Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units – Requirements.

2. Addition of Chapter 17.51 Accessory Dwelling Units
WHEREAS, on September 19, 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
WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No. APC 2023-16, which recommended that the City Council adopt this Ordinance; and
WHEREAS, on October 10, 2023, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, provided an opportunity to receive oral and written testimony from members of the public, and introduced the ordinance by title only; and
WHEREAS, on October 10, 2023, the City Council introduced and conducted the first reading of the ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2023- 04 - Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter

17.51 Accessory Dwelling Units and Accept California Environmental Quality Act (CEQA) A Notice of Exemption; and
WHEREAS, prior to the October 24, 2023, the City Clerk will submit for publication of a public hearing notice, Notice By The Arvin City Council Of Its Intent To Adopt An Ordinance, second reading and adoption of an ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2023-04 - Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and Accept California Environmental Quality Act (CEQA) A Notice of Exemption; and
WHEREAS, after the above-mentioned City Council public hearings, the City Council now desires to amend Title 17 Zoning by deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units – Requirements and adding Chapter 17.51 Accessory Dwelling Units.

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. Copies of the environmental document and full text of the deletion and addition to Title 17 Zoning – Zoning Code Amendment ZCA 2023-04 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.

3. Based upon its own independent judgment and substantial evidence in the record of proceedings related to the Proposed Ordinance amendments, the City Council approves the Notice of Exemption.

4. This Ordinance establishes the opportunity for the efficient review and approval of accessory dwelling units.

Code Amendments are as follows:

1. DELETE TITLE 17 ZONING, CHAPTER 17.50 MISCELLANEOUS
REGULATIONS; SECTION 17.50.060 ADDITIONAL DWELLING UNITSREQUIREMENTS AS FOLLOWS:

Chapter 17.50 Miscellaneous Regulations; Section 17.50.060 Additional dwelling units— Requirements.

A. Notwithstanding any other provisions of this title, where a lot in the R-1 zone has an area of twelve thousand (12,000) square feet or more and with adequate provisions for ingress and egress, a conditional use permit may be granted by the planning commission for the construction of additional one-family dwellings and allowable accessory buildings.

However, the minimum site area shall be six thousand (6,000) square feet of lot area per each one-family dwelling.

B. Notwithstanding any other provisions of this title, where a lot in the R-2 zone has an area of nine thousand (9,000) square feet or more and with adequate provisions for ingress and egress, a conditional use permit may be granted for the construction of additional family dwelling units and allowable accessory buildings; provided, however, the minimum site area shall be three thousand (3,000) square feet of lot area per each family dwelling unit.

This procedure shall also apply in the E, E-1, E-2, E-3, E-4 and E-5 zones under the same terms and provisions of the minimum lot size contained therein. It shall not apply in the agricultural or R-S zones or any zone wherein the R-S overlay has been utilized; in these cases a zone change will be required.

C. The procedure for filing of applications, filing fees, investigation, notices, public hearings and findings shall be the same as provided in this title for variances. (Ord. 51 §2915, 1965).

2. ADD CHAPTER 17.51 ACCESSORY DWELLING UNITS AS FOLLOWS:

Title 17 – Zoning
Chapter 17.51 ACCESSORY DWELLING UNITS

17.51.010 – Purpose and Applicability.

A. Purpose. The purpose of this chapter is to comply with Government Code Section 65852.2 (Accessory Dwelling Units), 65852.22 (Junior Accessory Dwelling Units), and 65852.26 (Sale or Conveyance of Accessory Dwelling Unit Separate from Primary Residence) as amended from time to time by the State, which provides for cities to set standards for the development of accessory dwelling units (ADUs) and Junior ADUs (JADUs) so as to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered to be a residential use, consistent with the General Plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allow single family, homes or multi-family units.

B. This chapter is intended to implement the City's Housing Element of the General Plan and is adopted to comply with State law (Government Code Section 65852.2 and 65852.22), by allowing ADUs through ministerial review in all districts zoned to allow single- family, multifamily, or mixed uses, subject to meeting the standards prescribed below.

C. Permitted Locations. The provisions included in this chapter are applicable to all lots that 1) are zoned to allow single-family, multi-family residential, or mixed uses; and 2) include a proposed or existing primary dwelling.

17.51.020 – Application Process.

A. Permit Required. An Administrative Permit in compliance with Chapter 17.05 is required for ADUs along with a Building Permit.

B. Review and Approval – Ministerial Review. An Administrative Permit in compliance with Chapter 17.05 for an ADU shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding California Government Code Sections 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits within 60 days of acceptance of a complete application.

1. Exception: Should the permit application to create an ADU be submitted concurrently with a permit application to create a new single-family dwelling on the lot, in which case the City shall not act on the ADU permit application until the City acts on the permit application for the new single-family dwelling unit; or The applicant requests a delay, in which case the sixty (60)-day time period shall be tolled for the period of the delay. If the City has not acted upon the completed application for the ADU within 60 days, and neither of the above exceptions are met, then the application for the ADU shall be deemed approved.

C. ADU shall be subject to this section and under subdivision (e) of Government Code 65852.2 shall not be subject to design and development standards except for those that are noted in this Chapter. ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process, Conditional Use Permit, if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process.

17.51.030 – Submittal Requirements.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 4 of 13 A. The completed application, Administrative Permit, shall be submitted to the Planning Division on an application form prepared by the City Planner and shall include the submittal requirements as defined by Chapter 17.05 (Uses Permitted Subject to Administrative Approval). Upon approval of the Administrative Permit, the applicant shall submit a building permit application. Fees for an ADU shall be established by the City Council and said fees shall be, but not limited to, Administrative Permit Application, Building Plan Check Fees, Building Permit Fees, and state mandated fees relating to the issuance of building permits.

17.51.040 – Type of Accessory Dwelling Units.

A. Types of Accessory Dwelling Units.

1. Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.

The attached ADU shall have an exterior entrance separate from the main house.

2. Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.

3. Internal Conversion ADU. An ADU may be located within areas converted to habitable space, such as:
i. An area within an existing single-family dwelling (e.g., attached garage) and on the same lot as the existing dwelling with a separate exterior entrance; or
ii. An existing accessory structure (e.g., detached garage or pool house) located on the same lot as an existing single-family dwelling with a separate exterior entrance; or
iii. Portions of existing multi-family structures that are not used as livable space including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

17.51.050 – Number and Types of ADUs Permitted Per Legal Parcel or Lot.

A. Lots with a Single-Family Dwelling. The following number and types of ADUs shall be allowed per lot that is zoned to allow single-family residential uses and includes a proposed or existing single-family dwelling.

1. One (1) attached ADU; or

2. One (1) detached ADU; and

3. One (1) JADU (See Section 17.51.120).

B. Lots with a Multi-Family Dwelling(s). The following number and types of ADUs shall be allowed per lot that is zoned to allow multi-family residential uses and includes a proposed or existing multi-family dwelling.

1. Conversion of non-livable spaces to create ADU(s). At least one (1) ADU within the portions of existing multi-family structures, from the conversion of non-livable

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 5 of 13 area, shall be allowed per lot that is zoned to allow multi-family residential uses and includes an existing multi-family structure, so long as it does not exceed 25 percent of the total number of existing dwelling units. ADUs within multi-family structures must be converted from non-livable areas and if no non-livable areas exist, no ADUs will be permitted.

2. Detached ADU(s). Not more than two (2) ADUs, conversion of existing accessory structures and/or new construction, that are located on a lot that is zoned to allow multi-family residential uses and includes an existing or proposed multi-family dwelling.

17.51.060 – Development Standards.

A. Site/Location Requirements.

1. Minimum Lot Size. ADUs that comply with this Chapter shall be permitted on all legally established parcels, regardless of parcel size.

2. Lot Coverage. Not applicable.

3. Space Between Buildings shall be established in the applicable zone district.

B. Size and Floor Area.

1. Detached ADU. The maximum floor area of a new construction of a detached ADU is 1,200 square feet.

2. Attached ADU. The maximum floor area of an attached ADU shall not exceed 50 percent of the floor area of the existing primary dwelling for an attached ADU but is permitted to be at least 800 square feet.

C. Height and Number of Stories. All ADUs shall comply with the minimum height restrictions as established in the applicable zone district.

D. Setbacks. All ADU Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility at street and alley intersections. The side yard setbacks listed below ensure health and safety access by emergency personnel and site visibility at street intersections. Where utility easements exist, should the minimum setback encroach into the easement, the setback shall be increased to be equal to or greater than the width of the utility easement(s).

1. Front Yard Setbacks. All ADUs shall meet the minimum front yard setback as established in the applicable zone district.

2. Rear and Side Yard Setbacks shall be the minimum as listed below, except where public utility easement(s) requires a greater setback.
i. Interior Side Yard Setbacks: Interior Side Yard shall be a minimum of four (4) feet.
ii. Corner Side Yard Setback – Corner yard setback shall be six (6) feet. iii. Interior Rear Yard Setback: Interior Rear Yard Setback shall be a minimum of four (4) feet for interior lots.
iv. Corner Rear Yard Setback: Corner Rear Yard Setback for corner lot shall be a minimum of six (6) Feet.

3. When an existing structure is converted to an ADU, and the existing structure either has no setbacks or has setbacks of less than four (4) feet, then the ADU shall maintain the same setbacks as the existing structure or setbacks of four (4) feet from the side and rear yards, whichever is less, if the ADU is constructed in the same location and to the same dimensions as the existing structure.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 6 of 13 i. Conversion of existing structures to an ADU not meeting the minimum setbacks shall be designed and/or retrofitted to meet the Fire and Building codes.

E. Parking Requirements.

1. One (1) parking space shall be provided per ADU, where applicable. This space may be provided as tandem parking on a driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four (4) feet of the interior side yard and shall not be within six (6) feet of a corner side yard setbacks. The four (4) foot and six (6) foot non-parking areas are to ensure health and safety access by emergency personnel and site visibility at street intersections.

2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is not required. Off-street parking may be within the front yard setback area and may be designed as tandem parking or other design that accommodates off-street parking. The City code requires two (2) off-street parking spaces per dwelling unit but does not require garages nor carports for off-street parking. Therefore, two-offstreet parking spaces are required and when required one off-street parking for the ADU. As noted, tandem parking shall not block sidewalks or public access.

3. Exceptions. No parking shall be required for ADUs in any of the following instances:
i. The ADU is located within one-half mile walking distance of public transit. ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant(s) of the ADU.
v. There is a car share vehicle located within one (1) block of the ADU.

F. Architectural Review. The construction of new ADUs shall be subject to Section 17.50.130 Single-family dwellings and mobile homes – Development/Architectural Standards.

G. Access and Entry. An ADU shall have a separate entry from the primary residence and shall be from the side or rear yard.

H. Density Limits. An ADU that conforms to the ordinance shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot. The ADU shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

17.51.070 – Other Requirements.

A. Availability of Utilities.

1. Utility Connections. ADUs may be subject to utility connections as provided herein.

2. Private Sewage Disposal System. ADUs not serviced by the City’s wastewater system must receive clearance from the Kern County Public Health Services

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 7 of 13 Department. The applicant shall provide clearance to the City Building Division prior to the issuance of a building permit.

B. Addressing. The ADU shall be required to apply for and pay the adopted addressing fee for the proposed ADU(s), whether the ADU is an attached or detached. The address must be assigned prior to the issuance of the building permit.

C. Fire Sprinklers. Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Government Code Section 65852.2, subds. (a)(1)(D)(xii) and (e)(3).) Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers. For additional guidance on ADUs and fire sprinkler system requirements, please consult the Office of the State Fire Marshal. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers is not required in an ADU. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers.

D. Solar Panels. New ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, nonmanufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.

E. Flood Elevation Certification. All ADUs are required to comply with Chapter 15.32 Floodplain Management when the proposed ADU is located within the FEMA Flood Hazard area which has a one (1) percent annual chance for shallow flooding. If applicable, prior to the issuance of the building permit, compliance with Section 15.32.170(C ) and (D) of the Arvin Municipal Code and prior to the issuance of the building permit, a Flood Certification shall be provided.

F. Building Code compliance is required for all ADUs. The Building Division will not issue final building permits for an ADU before approval of building permits for the primary dwelling.

G. Kern County Fire Department Clearance shall be required prior to the issuance of a building permit for an ADU.

H. Other Code compliance as may be applicable, such as but not limited to encroachment permits, lot mergers, lot line adjustments, etc.

17.51.080 – Occupancy, Rental, and Sale Limitations
A. Owner Occupancy shall not be required for ADUs.

B. Rental of ADUs shall be a minimum of 30 days.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 8 of 13 C. Separate Conveyance. An ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Section 65852.26 with affordability restrictions.

17.51.090 – Fee Requirements.

A. Connection Fees or Capacity Charges. An ADU shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity chargers for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling. Where a new ADU and new residential unit is applied for and constructed, the new ADU and new residential unit shall pay the applicable Sewer Connection Fee in place at the time of submittal.

B. Impact Fees. Impact fees shall not be imposed on an ADU that is less than 750 sf. in size.

For ADUs that are greater than 750 sf. in size, impact fees charged shall be proportionate in relation to the square footage of the primary dwelling unit.

C. Permit Processing Fee. Application fees shall be as established by resolution of the City Council for the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shall be required. All state mandatory fees associated with building permits shall be required.

D. Monthly Charges for Sewer and Water. ADUs shall be subject to the monthly utility fees for wastewater. Water service is provided by Arvin Community Services District and as such an ADU may be subject to the monthly utility fees for domestic water service.

17.51.100 – Conditions for Non-Conforming Uses and Structures.

A. Nonconforming Conditions. Notwithstanding Chapter 17.52, to the contrary, an owner of an ADU that receives a notice to correct violations or abate nuisance, in relation to the ADU, may request a delay for five years in in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the City’s Building Official, subject to compliance with the Health and Safety Code Section 17980.12 and the following conditions:

1. The ADU was built before January 1, 2020.

2. The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.

17.51.110 – Definitions Accessory Dwelling Units. For purposes of this section, the following terms have the following meanings.

A. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 9 of 13 B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

C. “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

D. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

E. “Local agency” means a city, county, or city and county, whether general law or chartered.

F. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

G. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

H. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

I. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

J. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

K. “Impact Fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

L. Multiple detached dwellings on a lot in the R-2, R-3, and R-4 Zones: A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Government Code Section 65852.2, subds. (e)(1)(A) and (B).) M. Multifamily dwelling under ADU Law is as follows: For the purposes of State ADU Law, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.

17.51.120 – Junior Accessory Dwelling Units.

A. Permitted one (1) junior accessory dwelling units (JADU) in single-family residential zones.

B. An administrative permit shall be required for the creation of a JADU, and shall do all the following:

1. One (1) JADU per residential lot zoned for single-family residences with a singlefamily residence built, or proposed to be built, on the lot.

2. Require owner-occupancy in the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3. Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following.

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 10 of 13 i. A prohibition on the sale of the JADU separate from the sale of the singlefamily residence, including a statement that the deed restriction may be enforced against future purchasers.
ii. A restriction on the size and attributes of the JADU that conforms with this section.

4. A permitted JADU shall be constructed within the walls of proposed or existing single-family residence.

5. The JADU shall provide a separate entrance from the main entrance to the proposed or existing single-family residence.

6. The JADU shall provide an efficiency kitchen, which shall include all of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

7. A JADU shall not require additional parking as a condition to grant a permit.

C. JADU shall be required to submit a building permit and pay adopted fees for planning clearance, Administrative Permit and Maintenance Fees, building fees relating to plan checks, building permit, inspection, including the imposition of a fee for that inspection, to determine if the JADU complies with applicable building standards.

D. An application for a JADU, notwithstanding State of California Government Code, Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The Planning Division shall act on a completed application to create a JADU within 60 days from the date the local agency receives a completed application if there is an existing singlefamily dwelling on the lot. If the permit application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the JADUI shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

E. Fees for a JADU shall be established by the City Council and said fees shall be, but not limited to, Administrative Permit Application, Building Plan Check Fees, Building Permit Fees, and state mandated fees relating to the issuance of building permits.

F. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a JADU or not.

G. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

H. This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, so long as that ordinance or

5.A.2
Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 11 of 13 regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a JADU.

Section 17.51.130 Definitions Junior Accessory Dwelling Unit (JADU). For purposes of this section, the following terms have the following meanings:

A. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

B. “Local agency” means a city, county, or city and county, whether general law or chartered.

C. Effective January 1, 2020, Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read: For purposes of this section, the following terms have the following meanings:
a. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
b. “Local agency” means a city, county, or city and county, whether general law or chartered.

D. Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read:
a. 17980.12. (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
i. The accessory dwelling unit was built before January 1, 2020. ii. The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
iii. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
iv. The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
v. The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved

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Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 12 of 13 by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3).
b. For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
c. This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
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Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023- Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU’s Page 13 of 13 I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the October 10, 2023, and adopted the Ordinance after the second reading at a regular meeting held on the October 24, 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor

APPROVED AS TO FORM
By:

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

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Attachment: 2 - Ordinance ZCA 2023-04 ADU_First Reading CC Mtg 101023 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

ACCESSORY DWELLING UNIT

HANDBOOK
UPDATED JULY 2022

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 2 Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance........................... 3 Summary of Recent Changes to ADU Laws .......................................................................... 5 Frequently Asked Questions .................................................................................................. 9

1. Legislative Intent............................................................................................................... 9

2. Zoning, Development and Other Standards....................................................................11 A) Zoning and Development Standards.........................................................................11 B) Size Requirements.....................................................................................................13 C) Parking Requirements ...............................................................................................15 D) Setbacks ....................................................................................................................16 E) Height Requirements .................................................................................................17 F) Bedrooms...................................................................................................................17 G) Impact Fees...............................................................................................................18 H) Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards 19
I) Nonconforming Zoning Standards...............................................................................22 J) Renter- and Owner-Occupancy ..................................................................................22 K) Fire Sprinkler Requirements ......................................................................................23 L) Solar System Requirements.......................................................................................23

3. JADUs .............................................................................................................................24

4. Manufactured Homes.......................................................................................................25

5. Regional Housing Needs Allocation (RHNA) and the Housing Element ...........................25

6. Homeowners Associations ...............................................................................................26

7. ADU Ordinances and Local Agencies..............................................................................27

8. Enforcement ....................................................................................................................28

9. Senate Bill (SB) 9 (2021)……………………… ……………………………………………...28

10. Funding……………………………………………………………………… ………………...29
Resources ...............................................................................................................................30 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) .....................................31 Attachment 2: ADU Resources............................................................................................55

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 3 Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California’s housing production is not keeping
pace with demand. In the last decade, fewer
than half of the homes needed to keep up with
the population growth were built. Additionally,
new homes are often constructed away from
job-rich areas. This lack of housing that meets
people’s needs is impacting affordability and
causing average housing costs, particularly for
renters in California, to rise significantly. As
affordable housing becomes less accessible,
people drive longer distances between housing
they can afford and their workplace or pack
themselves into smaller shared spaces, both of
which reduce quality of life and produce
negative environmental impacts.
*******
Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. Examples of some of these housing types are accessory dwelling units (ADUs – also referred to as second units, in-law units, casitas, or granny flats) and junior accessory dwelling units (JADUs).

What is an ADU?
An ADU is accessory to a primary residence and has complete independent living facilities for one or more persons and has a few variations:
• Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similaruse, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. • JADU: A specific type of conversion of existing space that iscontained entirely within an existing or proposed single-family residence.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 4 ADUs tend to be significantly less expensive to build than new detached single-family homes and offer benefits that address common development barriers, such as environmental quality.

Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land or other costly infrastructure often required to build a new single-family home. Because they are contained inside existing or proposed single-family homes, JADUs require relatively modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one- or two-story wood frames, which are also less expensive than other construction types. Additionally, prefabricated ADUs (e.g., manufactured housing and factory-built housing) can be directly purchased and can further reduce construction time and cost. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.

Much of California’s housing crisis comes from job-rich, high-opportunity areas where the total housing stock is insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents oftenwant better access to schools and do not necessarily require single-family homes to meet their housing needs. There is a shortage of affordable units, and the units that are available can be out of reach for many people. Homeowners can construct an ADU on their lot or convert an underutilized part of their home into a JADU. This flexibility benefits both renters and homeowners, who can receive extra monthly rental income while also contributing to meeting state housing production goals.

ADUs also give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place, even if they require more care, thus helping extended families stay together while maintaining privacy. ADUs provide housing for family members, students, the elderly, in-home health care providers, individuals with disabilities, and others at below market prices within existing neighborhoods.

New policies are making ADUs even more affordable to build, in part by limiting the development impact fees that local jurisdictions may charge for ADU construction and relaxing local zoning requirements. ADUs and JADUs can often be built at a fraction of the price of a new single-family home, and homeowners may use their existing lot to create additional housing. Often the rent generated from the ADU can pay for the entire project in a matter of years.

ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, high-opportunity areas. By design, ADUs are more affordable to renters and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education, and services for many Californians.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 5 Summary of Recent Changes to ADU Laws
In Government Code Section 65852.150, the
California Legislature found and declared that,
among other things, allowing ADUs in zones that
allow single-family and multifamily uses provides
additional rental housing and is an essential
component in addressing California’s housing
needs. Over the years, State ADU Law has been
revised to improve its effectiveness at creating
more housing units. Changes to State ADU Law
effective January 1, 2021, further reduce barriers,
streamline approval processes, and expand
capacity to accommodate the development of
ADUs and JADUs. Within this context, the
California Department of Housing and
Community Development (HCD) developed –
and continues to update – this handbook to assist local governments, homeowners, architects, and the general public in encouraging the development of ADUs. Below is a summary of recent legislation that amended State ADU Law. Please see Attachment 1 for the complete statutory changes.

AB 345 (Chapter 343, Statutes of 2021)
AB 345 (Chapter 343, Statutes of 2021) builds upon recent changes to State ADU Law, particularly Government Code sections 65852.2 and 65852.26, to require the allowance of the separate conveyance of ADUs from the primary dwelling in certain circumstances, provided they meet certain conditions, including those listed below, found in Government Code section 65852.26, subdivisions (a)(1-5):
• The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26, subd. (a).)
• There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26, subd. (a)(2).)
• The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26, subd. (a)(3)(D).) • The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26, subd. (a)(3).)
AB 345 does not apply to JADUs, and local ordinances must continue to prohibit JADUs from being sold separately from the primary residence.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 6 AB 3182 (Chapter 198, Statutes of 2020)
AB 3182 (Chapter 198, Statutes of 2020) builds upon recent changes to State ADU Law, specifically Government Code section 65852.2 and Civil Code Sections 4740 and 4741, to further address barriers to the development and use of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Gov. Code, § 65852.2, subd. (a)(3).) • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met. (Gov. Code, § 65852.2, subd. (e)(1)(A).)
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development,notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740, subd. (a), and Civ. Code, § 4741, subd. (a).) • Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units. (Civ. Code, § 4740, subd. (b).)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019)
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) build upon recent changes to ADU and JADU Law, specifically Government Code sections 65852.2 and 65852.22, and further address barriers to the development of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) • Clarifies that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety. (Gov. Code, § 65852.2, subd. (a)(1)(A).)
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1,2020, and January 1, 2025. (Gov. Code, § 65852.2, subd. (a)(6).) • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 7 requires approval of a permit to build an ADU of up to 800 square feet. (Gov. Code, § 65852.2, subds. (c)(2)(B) and (C).)
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces cannot be required by the local agency. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).) • Reduces the maximum ADU and JADU application review time from 120 days to 60 days. (Gov. Code, § 65852.2, subd. (a)(3) and (b).)
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2, subd. (j)(9).)
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2, subd. (f)(3).) • Defines an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2, subd. (j)(2).) • Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is not in compliance with state law. (Gov. Code, § 65852.2, subd. (h)(2).) • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m).)
• Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them. (Gov. Code, § 65852.2, subds. (b) and (e).) • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single- family residence. (Gov. Code, § 65852.22, subd. (a)(4-5).)
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).) AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019)
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutesof 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 8 impact on State ADU Law, particularly throughHealth and Safety Code Section 17980.12.

These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households. (Gov. Code, § 65852.26).) • AB 670 provides that covenants, conditions and restrictions that either effectively prohibit orunreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable. (Civ. Code, § 4751).)
• AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583; Health & Safety Code, § 50504.5).)

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 9 Frequently Asked Questions

1.Legislative Intent
• Should a local ordinance encourage the development of ADUs? Yes. Pursuant to Government Code section 65852.150, the California Legislature found and declared that, among other things, California is facing a severe housing crisis and ADUs are a valuable form of housing that meets the needs of family members, students, the elderly, in-home health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.

State ADU Law and recent changes intend to address barriers, streamline approval, and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistent with Government Code section 65852.150 and must not unduly constrain the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.

ADU Law is the statutory minimum requirement. Local governments may elect to go beyond this statutory minimum and further the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).) Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 10 Government Code section 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing inCalifornia. (2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housingstock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and futurehousing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet theneeds of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size,parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 11 2.Zoning, Development and Other Standards
A)Zoning and Development Standards
• Are ADUs required jurisdiction-wide?
No. ADUs proposed pursuant to subdivision (e) of Government Code section 65852.2 must be permitted in any residential or mixed-use zone, which should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use. For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service and on the impacts on traffic flow and public safety.

Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors. If a lot with a residence has been rezoned to a use that does not allow for residential uses, that lot is no longer eligible to create an ADU. (Gov. Code § 65852.2 subd. (a)(1) and (e)(1).) Impacts on traffic flow should consider factors like lower car ownership rates for ADUs.

Finally, local governments may develop alternative procedures, standards, or special conditions with mitigations for allowing ADUs in areas with potential health and safety concerns.
• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning and does not count toward the allowable density. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).) • Can a local government apply design and development standards? Yes. With an adopted ADU ordinance in compliance with State ADU Law, a local government may apply development and design standards that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards should be objective to allow ministerial review of an ADU. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(4).)
ADUs created under subdivision (e) of Government Code section 65852.2 shall not be subject to design and development standards except for those that are noted in the subdivision.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 12 ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process. Some jurisdictions with compliant ADU ordinances apply additional processes to further the creation of ADUs that do not otherwise comply with the minimum standards necessary for ministerial review.

Importantly, these processes are intended to provide additional opportunities to create ADUs that would not otherwise be permitted, and a discretionary process may not be used to review ADUs that are fully compliant with State ADU :Law. • Are ADUs permitted ministerially?
Yes. ADUs subject to State ADU Law must be considered, approved, and permitted ministerially, without discretionary action. Development and other decision-making standards must be sufficiently objective to allow for ministerial review. Examples include numeric and fixed standards such as heights or setbacks, or design standards such as colors or materials. Subjective standards require judgement and can be interpreted in multiple ways, such as privacy, compatibility with neighboring properties, or promoting harmony and balance in the community; subjective standards must not be imposed on ADU development. Further, ADUs must not be subject to hearing requirements or any ordinance regulating the issuance of variances or special use permits and must be considered ministerially. (Gov. Code § 65852.2, subds. (a)(3) and (a)(4).) • Is there a streamlined permitting process for ADU and JADU applications? Yes. Whether or not a local agency has adopted an ordinance, applications to create an ADU or JADU shall be considered and approved ministerially within 60 days from the date the local agency receives a completed application. Although the allowed 60-day review period may be interrupted due to an applicant addressing comments generated by a local agency during the permitting process, additional 60-day time periods may not be required by the local agency for minor revisions to the application. (Gov. Code § 65852.2, subds. (a)(3) and (b).)
• Can I create an ADU if I have multiple detached dwellings on a lot? Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Gov. Code § 65852.2, subds. (e)(1)(A) and (B).)
• What is considered a multifamily dwelling under ADU Law? For the purposes of State ADU Law, a structure with two or more attached dwellings on

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 13 a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.
• Can I build an ADU in a historic district or if the primary residence is subject to historic preservation?
Yes. ADUs are allowed within a historic district and on lots where the primary residence is subject to historic preservation. State ADU Law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. However, these standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).

As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs. Jurisdictions are encouraged to incorporate these standards into their ordinances and to submit these standards along with their ordinances to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) and (a)(5).) B)Size Requirements
• Can minimum lot size requirements be imposed on ADUs? What about lot coverage, floor area ratio, or open space requirements?
No. While local governments may impose certain development standards on ADUs, these standards shall not include minimum lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide exemption ADU (see below). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver should be given to appropriate development standards such as lot coverage, floor area, or open space requirements. Local governments may continue to enforce building and health and safety standards and may consider design, landscape, and other standards to facilitate compatibility. (Gov. Code, § 65852.2, subds. (c)(2)(C).) What is a statewide exemption ADU?
A statewide exemption ADU, found in Government Code section 65852, subdivision (e), is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks. State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU. Further, State ADU Law allows the construction of a detached new construction statewide exemption ADU to be combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in any residential or mixed uses regardless of zoning and development standards imposed in an ordinance. See more discussion below.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 14 • Can minimum and maximum unit sizes be established for ADUs? Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for both attached and detached ADUs; however, maximum unit size requirements must allow an ADU of at least 850 square feet, or 1,000 square feet for ADUs with more than one bedroom. For local agencies without an ADU ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local agency must not establish by ordinance a minimum square footage requirement that prohibits the development of an efficiency unit as defined in Health and Safety Code section 17958.1.

The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. For example, an existing 3,000 square-foot barn converted to an ADU would not be subject to the local unit size requirements, regardless of whether a local government has an adopted ADU ordinance.

Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this ADU would be subject to the size maximums outlined in State ADU Law or in the local agency’s adopted ordinance.
• Can a percentage of the primary dwelling be used to limit the maximum size of an ADU?
Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unitsize for attached ADUs, but only if it does not restrict an ADU’s size to less than the standard of at least 850 square feet (or at least 1,000 square feet for ADUs with more than one bedroom). Local agencies shall not, by ordinance, establish any other minimum or maximum unit sizes, including limits based on a percentage of the area of the primary dwelling, that precludes an 800 square-foot ADU. (Gov. Code, § 65852.2, subd. (c)(2)(C).) Local agencies utilizing percentages of the primary dwelling as maximum unit sizes can consider multi-pronged standards to help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet, whichever is greater).
• Can maximum unit sizes exceed 1,200 square feet for ADUs? Yes. Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a local ADU ordinance. State ADU Law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. (Gov. Code, § 65852.2, subd. (g).)

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 15 C)Parking Requirements
• Are certain ADUs exempt from parking requirements?
Yes. A local agency shall not impose ADU parking standards for any of the following ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10):
(1) ADUs located within one-half mile walking distance of public transit. (2) ADUs located within an architecturally and historically significant historic district. (3) ADUs that are part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU.

Note: For the purposes of State ADU Law, a jurisdiction may use the designated areas where a car share vehicle may be accessed. Public transit is any location where an individual may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional parking requirements to avoid impacts to public access may be required in the Coastal Zone. • Can ADU parking requirements exceed one space per unit or bedroom? No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever isless. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not berequired for ADUs under any circumstances. For certain ADUs, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10), a local agency may not impose any ADU parking standards (see above question).

What is Tandem Parking?
Tandem parking means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).)
Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as requiring zero or half a parking space per each ADU, to remove barriers to ADU construction and to facilitate development.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 16 • Is flexibility for siting ADU parking recommended? Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made. Specific findings must be based on specific site or regional topographical or fire and life safety conditions.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction ofan ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces for the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).)
D)Setbacks
• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs. However, setbacks should not unduly constrain the creation of ADUs and cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, § 65852.2, subd. (a)(1)(D)(vii).) Additional setback requirements may be required in the Coastal Zone if required by a local Coastal Program. Setback requirements must also comply with any recorded utility easements or other previously recorded setback restrictions.

No setback shall be required for an ADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location as an existing structure, while not exceeding the existing dimensions, including height. (Gov.

Code, § 65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks ofless than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet, respectively. A local agency shall not require setbacks of more than four feet for the expanded area of a detached structure being converted into an ADU.

A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude an ADU of at least 800 square feet and must not unduly constrain the creation of all types of ADUs. (Gov. Code, §65852.2, subd. (c) and (e).)

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 17 • Is there a distance requirement between an ADU and other structures on the lot? State ADU Law does not address the distance between an ADU and other structures on a lot. A local agency may impose development standards for the creation of ADUs, and ADUs shall comply with local building codes. However, development standards should not unduly constrain the creation of ADUs, cannot preclude a statewide exemption ADU (an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with four-foot side and rear yard setbacks), and should not unduly constrain the creation of all types of ADUs, where feasible. (Gov. Code, § 65852.2, subd. (c).)
E) Height Requirements
• Is there a limit on the height or number of stories of an ADU? There is no height limit contained in State ADU Law, but local agencies may impose height limits provided that the limit is no less than 16 feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).) For a local agency to impose a height limit, it must do so through the adoption of a compliant ADU ordinance.

F)Bedrooms
• Can a limit on the number of bedrooms in an ADU be imposed? A limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, and would be considered a constraint on the development of ADUs. Building code standards for minimum bedroom size still apply.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 18 G) Impact Fees
• Can impact fees be charged for an ADU less than 750 square feet? No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit.

What is “Proportionately”?
“Proportionately” is some amount in relation to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise, the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given to the impacts on costs, feasibility, and, ultimately, the creation of ADUs. In the case of the example above,anything greater than 50 percent of the primary dwelling could be considered a constraint on the development of ADUs. A proportional fee shall not be greater than 100 percent, as when a proposed ADU exceeds the size of the existing primary dwelling.

For purposes of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure. For ADUs converting existing space with a 150 squarefoot expansion, a total ADU square footage over 750square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).) • Can local agencies, special districts, or water corporations waive impact fees? Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may use fee deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs greater than 500 square feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate construction or reconstruction of adequate school facilities.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 19 • What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation Fee Act and generally include any monetary exaction that is charged by a local agency in connection withthe approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of public facilities relating to the ADU. A local agency, special district, or water corporation shall not consider ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000.)
• Can I still be charged water and sewer connection fees? ADUs converted from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov.

Code, § 65852.2, subd. (f)(2).)
H)Ministerially Approved ADUs and Junior ADUs (JADUs) Not Subject to Local Standards
• Are local agencies required to comply with Government Code section 65852.2, subdivision (e)?
Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approvalof ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that should not be subject to other specified areas of State ADU Law, most notably zoning and development standards. For example, ADUs under this subdivision should not have to comply with lot coverage, setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (e)(1) are:
(A) One ADU and one JADU are permitted per lot within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety.
(B) One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU, and may be required to meet a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 20 (C)Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures. (D)Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and four-foot rear and side yard setbacks.

The above four categories may be combined. For example, local governments must allow (A) and (B) together or (C) and (D) together.

The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing space of a single-family dwelling or accessory structure into an ADU, without any prescribed size limitations, height, setback, lot coverage, architectural review, landscape, or other development standards.This would enable the conversion of an accessory structure, such as a 2,000 square-foot garage, to an ADU without any additional requirements other than compliance with building standards for dwellings.

These types of ADUs are also eligible for a 150 square-foot expansion (see discussion below).

ADUs created under subdivision (e) shall not be required to provide parking if the ADU qualifies for one of the five exemptions listed under subdivision (d). Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30 days and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs shall not be counted as units when calculating density for the general plan and are not subject to owner occupancy. • How many ADUs are allowed on a multifamily site under subdivision (e)? Under subdivision (e), an applicant may apply to build up to two detached ADUs and at least one interior ADU up to 25 percent of the number of units in the proposed or existing multifamily dwelling. All interior ADUs, however, must be converted from non-livable space, which is not a requirement under subdivision (a) for ADUs associated with single-family sites. It should also be noted that if there is no existing non-livable space within a multifamily structure, an applicant would not be able to build an interior ADU under subdivision (e). Attached ADUs are also prohibited under this subdivision.

By contrast, under subdivision (a), an applicant may choose to build one attached, detached, or conversion ADU on a site with a proposed or existing multifamily dwelling, with local objective development standards applied in the same manner as they would be applied to an ADU proposed on a single-family site under subdivision (a). JADUs can only be constructed on a site with a proposed or existing single-family dwelling; however, a JADU cannot be constructed on a multifamily site concurrently with an ADU under subdivision (a).

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 21 • Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted and promoted through State ADU Law.

These conversions of accessory structures are not subject to any additional development standards, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes. A local agency should not set limits based on when the structure was created, and the structure must meet standards for health and safety.

Additionally, the two ADUs allowed on each multifamily site under subdivision (e) may be converted from existing detached structures on the site. Existing, detached accessory structures on a lot with an existing multifamily dwelling that are converted to ADUs cannot be required to be modified to correct for a non-conforming use. Both structures must be accessory structures detached from the primary residence, and because they are conversions of existing structures, these ADUs would not have to comply with the four-foot setback requirements under subdivision (e) if the existing structures are closer than four feet to the property line. This would also mean that the 16-foot height limitation would not apply if the existing structure were taller than 16 feet.

Conversion ADUs in this scenario would not be subject to any square footage restrictions as long as they are built within the footprint of the previous structure. • Can an ADU created by converting existing space be expanded? Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. Per State ADU Law, only an ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress. An ADU created within the space of an existing or proposed single-family dwelling is subject to local development standards. An example of where this expansion could be applicable is for the creation of a staircase to reach a second story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.

A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to comply with the size maximums as per State ADU Law or per a local agency’s adopted ordinance. (Gov. Code, § 65852.2, subd. (e)(1)(i).) As a JADU is limited to being created within the walls of a primary residence and not an accessory structure, this expansion of up to 150 square feet does not pertain to JADUs.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 22 • Can an ADU be constructed in the non-livable spaces of the non-residential portions of a mixed-use development?
No. The non-livable space used to create an ADU or ADUs under Government Code section 65852.2, subdivision (e)(1)(C), should be limited to the residential areas of a mixeduse development, and not the areas used for commercial or other activities. The parking and storage areas for these non-residential uses would also be excluded from potential ADU development.

I) Nonconforming Zoning Standards
• Does the creation of an ADU require the applicant to carry out public improvements? No physical improvements shall be required for the creation or conversion of an ADU.

Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per State ADU Law. For example, an applicant shall not be required to improve sidewalks or carry out street or access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, anapplicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd. (e)(2).)
J) Renter- and Owner-Occupancy
• Are rental terms allowed?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, §65852.2, subds. (a)(6) and (e)(4).) • Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling orADU was required to be occupied by an owner. The updates to State ADU Law removed the owner-occupancy requirement for newly created ADUs effective January 1, 2020. The new owner-occupancy exclusion is set to expire on December 31, 2024; however, local agencies may not retroactively require owner-occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.

However, should a property have both an ADU and JADU, JADU law requires owneroccupancy of either the newly created JADU or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.22, subd. (a)(2).)

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 23 K) Fire Sprinkler Requirements
• Can fire sprinklers be required for ADUs?
Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).)
Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.

For additional guidance on ADUs and fire sprinkler system requirements, please consult the Office of the State Fire Marshal.

L) Solar System Requirements
• Are solar systems required for newly constructed ADUs? Yes, newly constructed ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar systems.

Please refer to the CEC on this matter. For more information, see the CEC’s website at www.energy.ca.gov. You may email your questions to [email protected], or contact the Energy Standards Hotline at 800- 772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policyresearch/AccessoryDwellingUnits.shtml.

See HCD’s Information Bulletin 2020-10 for information on the applicability of California solar requirements to manufactured housing.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 24 3.JADUs – Government Code Section 65852.22
• What is a JADU?
A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. (Gov. Code, § 65852.22, subd. (h)(1).)
• Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages, as attached garages are considered within the walls of the existing single-family residence. Please note that JADUs created in the attached garage are not subject to the same parking protections as ADUs and could be required by the local agency to provide replacement parking.

JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached single-family dwellings are not eligible to have JADUs. (Gov.

Code, § 65852.22, subd. (a)(1).)
• Are JADUs required to have an interior connection to the primary dwelling? No. Although JADUs are required to be within the walls of the primary dwelling, they are not required to have an interior connection to the primary dwelling. That said, JADUs may share a significant interior connection to the primary dwelling, as they are allowed to share bathroom facilities with the primary dwelling.
• Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single- family residence. As noted above, attached garages are eligible for JADU creation. (Gov. Code, § 65852.22, subds. (a)(1) and (a)(4).) • Are JADUs allowed to be increased up to 150 square feet when created within an existingstructure?
No. Only ADUs are allowed to add up to 150 square feet “beyond the physical dimensions of the existing accessory structure” to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).)
This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the single-family residence.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 25 • Are there any owner-occupancy requirements for JADUs? Yes. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)

4.Manufactured Homes
• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent living facilities and permanent provisions for living,sleeping, eating, cooking and sanitation. An ADU includes a manufactured home. (Health & Saf. Code, § 18007.)
Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposesof this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).

5.Regional Housing Needs Allocation (RHNA) and the Housing Element • Do ADUs and JADUs count toward a local agency’s RHNA? Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and JADUs may be utilized towards the RHNA and Housing Element Annual Progress Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the census definition and is reported to DOF as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. The housing element or APR must include a reasonable methodology to demonstrate the level of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 26 counted towards the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit or other local applications. For more information, please contact [email protected].
• What analysis is required to count ADUs toward the RHNA in the housing element? To count ADUs towards the RHNA in the housing element, local agencies must generally use a three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period and may also consider more recent trends. Anticipated affordability can use a variety of methods to estimate the affordability by income group. Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions and data available through the APR pursuant to Government Code section 65400. Resources and incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures, and affordability monitoring programs. • Are ADUs required to be addressed in the housing element? Yes. The housing element must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. In addition, housing elements must include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583 and Health & Saf. Code, § 50504.5.) This list is available on HCD’s ADU webpage.

6.Homeowners Associations
• Can my local Homeowners Association (HOA) prohibit the construction of an ADU orJADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil Code to preclude common interest developments from prohibiting or unreasonably restricting the construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance. Refer to Section 4100 of the Civil Code for the meaning of a common interest development.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 27 7.ADU Ordinances and Local Agencies
• Are ADU ordinances existing prior to new 2020 laws null and void? Maybe. ADU ordinances existing prior to the new 2020 laws, as well as newly adopted ordinances, are null and void when they conflict with State ADU Law. Subdivision (a)(4) of Government Code section 65852.2 states that an ordinance that fails to meet the requirements of subdivision (a) shall be null and void, and the local agency shall apply the state standards until a compliant ordinance is adopted. See the question on Enforcement below for more detail.
• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose not to adopt an ADU ordinance, any proposed ADU development would be subject only to standards set in State ADU Law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design, and other standards in compliance with State ADU Law.
• Is a local government required to send an ADU ordinance to HCD? Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance complies with State ADU Law. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. HCD recommends that local agencies do so, as this provides local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with State ADU Law prior to adoption.
• Are charter cities and counties subject to the new ADU laws? Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and county, whether general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).

Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared State ADU Law addresses “…a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution” and concluded that State ADU Law applies to all cities, including charter cities.
• Do the new ADU laws apply to jurisdictions located in the California Coastal Zone? Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 28 necessarily alter or lessen the effect or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (l).) Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing housing needs of Californians.

For example, where appropriate, localities should amend Local Coastal Programs for California Coastal Commission review to comply with the California Coastal Act and new ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to thelocality’s local Coastal Commission district office. • Do the new ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)?
Possibly. The TRPA was formed through a bistate compact between California and Nevada. Under the compact, TRPA has authority to adopt ordinances, rules, and regulations, and those ordinances, rules, and regulations are considered federal law. Under this authority, TRPA has adopted certain restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to a degree with the TRPA standards, and to the extent that it does, the TRPA law likely preempts or overrides State ADU Law.

8.Enforcement
• Does HCD have enforcement authority over ADU ordinances? Yes. Pursuant to Government Code section 65852.2, subdivision (h), local agencies are required to submit a copy of newly adopted ADU ordinances within 60 days of adoption.

HCD may thereafter provide written findings to the local agency as to whether the ordinance complies with State ADU Law. If HCD finds that the local agency’s ADU ordinance does not comply with State ADU Law, HCD must provide a reasonable time, no longer than 30 days, for the local agency to respond. The local agency shall either amend its ordinance in accordance with HCD’s written findings or adopt the ordinance without changes but include findings in its resolution explaining why the ordinance complies with State ADU Law despite HCD’s findings. If the local agency does not amend its ordinance in accordance with HCD’s findings or adopt a resolution explaining why the ordinance is compliant, HCD shall notify the local agency that it is in violation of State ADU Law. HCD may also notify the Attorney General of the local agency’s violation. While an ordinance is non-compliant, the local agency shall apply state standards.

In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify State ADU Law.

9.Senate Bill (SB) 9 (2021)
• Does SB 9 have any impact on ADUs?
SB 9 (Gov. Code Sections 66452.6, 65852.21 and 66411.7) contains some overlaps with State ADU Law, but only on a relatively small number of topics. Please note that although HCD does not administer or enforce SB 9, violations of SB 9 may concurrently violate other housing laws that HCD does enforce, including, but not limited to, State ADU Law and State Housing Element Law. As local jurisdictions implement SB 9, including adopting local

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 29 ordinances, it is important to keep these and other housing laws in mind. For details regarding SB 9, please see HCD's SB 9 Factsheet.

10. Funding
• Is there financial assistance or funding available for ADUs? Effective September 20, 2021, the California Housing Finance Agency’s (CalHFA) ADU Grant Program provides up to $40,000 in assistance to reimburse qualifying homeowners for predevelopment costs necessary to build and occupy an ADU or JADU on a lot with a single-family dwelling unit. The ADU Grant Program is intended to create more housing units in California by providing a grant to reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include, but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports. For additional information or questions, please see CalHFA’s ADU Grant Program at https://www.calhfa.ca.gov/adu or contact the CalHFA Single Family Lending Division at (916) 326-8033 or [email protected].

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 30 Resources

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 31 Attachment 1: Statutory Changes (Strikeout/Italics and Underline) GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4,
ARTICLE 2
Combined changes from AB 345, AB 3182, AB 881,
AB 68, and SB 13 (Changes noted in strikeout,
underline/italics)
Effective January 1, 2022, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a)(1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned toallow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B)(i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessorydwelling unit located within its jurisdiction. (C)Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessorydwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)Require the accessory dwelling units to comply with all of the following:
(i)The Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold orotherwise conveyed separate from the primary residence.
(ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existingdwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii)No setback shall be required for an existing living area or accessory structure or a structure constructed in thesame location and to the same dimensions as an existing structure that is

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 32 converted to an accessory dwelling unitor to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x)(I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasiblebased upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi)When a garage, carport, or covered parking structure is demolished in conjunction with the construction of anaccessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primaryresidence.
(1)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limitresidential growth.
(2)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on theapplication to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date thelocal agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency hasnot acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(3)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 33 ordinance that complies with this section.
(4)No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (5)This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30days. (6)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with thelimitations of this subdivision. (7)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance withsubdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessorydwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unitor the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c)(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements forboth attached and detached accessory dwelling units. (2)Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit thatprohibits an efficiency unit.
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is lessthan either of the following:
(i)850 square feet.
(ii)1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 34 development standards.
(d)Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessorydwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unitin any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit. (2)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit. (e)(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an applicationfor a building permit within a residential or mixed-use zone to create any of the following:
(A)One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existingsingle-family dwelling if all of the following apply:
(i)The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii)The space has exterior access from the proposed or existing single-family dwelling. (iii)The side and rear setbacks are sufficient for fire and safety. (iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combinedwith a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet. (ii)A height limitation of 16 feet.
(C)(i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shallallow up to 25 percent of the existing multifamily dwelling units. (D)Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation ofan accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not requiredfor the primary residence.
(4)A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision befor a term longer than 30 days.
(5)A local agency may require, as part of the application for a permit to create an accessory

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 35 dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, ifthe percolation test has been recertified, within the last 10 years.
(6)Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f)(1) Fees charged for the construction of accessory dwelling units shall be determined in accordance withChapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to bea new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)(A) A local agency, special district, or water corporation shall not impose any impact fee upon the developmentof an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include anyconnection fee or capacity charge charged by a local agency, special district, or water corporation.
(4)For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a localagency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5)For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.

Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwellingunit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g)This section does not limit the authority of local agencies to adopt less restrictive requirements for the creationof an accessory dwelling unit. (h)(1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 36 action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shalldo one of the following:
(i)Amend the ordinance to comply with this section.
(ii)Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despitethe findings of the department. (3)(A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopta resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,and January 1, 2020. (i)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j)As used in this section, the following terms mean:
(1)“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes thefollowing:
(A)An efficiency unit.
(B)A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2)“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3)“Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4)“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does notinclude a garage or any accessory structure. (5)“Local agency” means a city, county, or city and county, whether general law or chartered. (6)“Nonconforming zoning condition” means a physical improvement on a property that does not conform withcurrent zoning standards.
(7)“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entranceof the accessory dwelling unit.
(8)“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets therequirements for permitting.
(9)“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and areavailable to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k)A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l)Nothing in this section shall be construed to supersede or in any way alter or lessen the

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 37 effect or application ofthe California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m)A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, asspecified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with thisdivision.
(n)In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1)The accessory dwelling unit was built before January 1, 2020. (2)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time theaccessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted inunderline/italic):
65852.2.
(a)(1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned toallow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A)Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B)(i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any realproperty that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C)Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D)Require the accessory dwelling units to comply with all of the following:
(i)The accessory dwelling unit may be rented separate from the primary residence, but may not be sold orotherwise conveyed separate from the primary residence. (ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 38 existing primary dwelling,including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v)The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi)No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii)No setback shall be required for an existing living area or accessory structure or a structure constructed in thesame location and to the same dimensions as an existing structure that is converted to an accessory dwelling unitor to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix)Approval by the local health officer where a private sewage disposal system is being used, if required.
(x)(I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II)Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasiblebased upon specific site or regional topographical or fire and life safety conditions.
(III)This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi)When a garage, carport, or covered parking structure is demolished in conjunction with the construction of anaccessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii)Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primaryresidence.
(2)The ordinance shall not be considered in the application of any local ordinance, policy, or program to limitresidential growth.
(3)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on theapplication to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date thelocal agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency hasnot acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 39 of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4)An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5)No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6)(A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement.
(7)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with thelimitations of this subdivision. (8)An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance withsubdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unitor the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 40 the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(c)(1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements forboth attached and detached accessory dwelling units. (2)Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A)A minimum square footage requirement for either an attached or detached accessory dwelling unit thatprohibits an efficiency unit.
(B)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is lessthan either of the following:
(i)850 square feet.
(ii)1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C)Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d)Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessorydwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1)The accessory dwelling unit is located within one-half mile walking distance of public transit. (2)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3)The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4)When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5)When there is a car share vehicle located within one block of the accessory dwelling unit. (e)(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an applicationfor a building permit within a residential or mixed-use zone to create any of the following:
(A)One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existingsingle-family dwelling if all of the following apply:
(i)The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii)The space has exterior access from the proposed or existing single-family dwelling. (iii)The side and rear setbacks are sufficient for fire and safety. (iv)The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B)One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combinedwith a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i)A total floor area limitation of not more than 800 square feet. (ii)A height limitation of 16 feet.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 41 (C)(i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shallallow up to 25 percent of the existing multifamily dwelling units. (D)Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation ofan accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3)The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not requiredfor the primary residence.
(4)A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivisionbe for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, ifthe percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units.

These standards shall not include requirements on minimum lot size. (f)(1) Fees charged for the construction of accessory dwelling units shall be determined in accordance withChapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2)An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to bea new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3)(A) A local agency, special district, or water corporation shall not impose any impact fee upon the developmentof an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include anyconnection fee or capacity charge charged by a local agency, special district, or water corporation.
(4)For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 42 dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling. (5)For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility.

Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creationof an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption.

After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2)(A) If the department finds that the local agency’s ordinance does not comply with this section, the departmentshall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, torespond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shalldo one of the following:
(i)Amend the ordinance to comply with this section.
(ii)Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despitethe findings of the department. (3)(A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopta resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,and January 1, 2020. (i)The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j)As used in this section, the following terms mean:
(1)“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes thefollowing:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2)“Accessory structure” means a structure that is accessory and incidental to a dwelling located

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 43 on the same lot.
(3)“Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4)“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does notinclude a garage or any accessory structure. (5)“Local agency” means a city, county, or city and county, whether general law or chartered. (6)“Nonconforming zoning condition” means a physical improvement on a property that does not conform withcurrent zoning standards.
(7)“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entranceof the accessory dwelling unit.
(8)“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets therequirements for permitting.
(9)“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and areavailable to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k)A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l)Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application ofthe California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m)A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, asspecified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with thisdivision.
(n)In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1)The accessory dwelling unit was built before January 1, 2020. (2)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o)This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operativeon January 1, 2025.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 44 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 AB 345 (Accessory Dwelling Units)
Effective January 1, 2022, Section 65852.26 is amended to read:
65852.26.
(a)Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(1)The property accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
(2)There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3)The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A)The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each that qualified buyer occupies. (B)A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy theproperty accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C)A requirement that the qualified buyer occupy the property accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(D)Affordability restrictions on the sale and conveyance of the property accessory dwelling unit or primary dwelling that ensure the property accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(E)If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviated the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 45 (iii) Procedures for dispute resolution among the parties before resorting to legal action. (4)A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5)Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utilityproviding service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b)For purposes of this section, the following definitions apply:
(1)“Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section50093 of the Health and Safety Code.
(2)“Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and TaxationCode for properties intended to be sold to lowincome families who participate in a special no-interest loan program.

Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout,underline/italics) (AB 3182 (Ting)):
4740.
(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her their separate interest.
(b)Notwithstanding the provisions of this section, an owner of a separate interest in a common interest development may expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. (c)(b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes ofreassessment by the county tax assessor. (2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6. (d)(c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e)(d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which acommon interest development adopts or amends its governing documents.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 46 (f)This section shall apply only to a provision in a governing document or a provision in an amendment to a governing document that becomes effective on or after January 1, 2012.

Effective January 1, 2021 of the Section 4741 was added to the Civil Code, to read:
4741.
(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. (b)A common interest development shall not adopt or enforce a provision in a governing document or amendment to a governing document that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased.(c) This section does not prohibit a common interest development from adopting and enforcing a provision in a governing document that prohibits transient or short-term rental of a separate property interest for a period of 30 days or less.
(d)For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed as a separate interest.
(e)For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the owner.
(f)A common interest development shall comply with the prohibition on rental restrictions specified in this section on and after January 1, 2021, regardless of whether the common interest development has revised their governingdocuments to comply with this section.

However, a common interest development shall amend their governing documents to conform to the requirements of this section no later than December 31, 2021. (g)A common interest development that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (h)In accordance with Section 4740, this section does not change the right of an owner of a separate interest who acquired title to their separate interest before the effective date of this section to rent or lease their property.

Effective January 1, 2020, Section 65852.22 of the Government Code was amended to read:
65852.22.
(a)Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1)Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residenceswith a single-family residence built, or proposed to be built, on the lot. (2)Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 47 structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, landtrust, or housing organization. (3)Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permittingagency, and shall include both of the following:
(A)A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-familyresidence, including a statement that the deed restriction may be enforced against future purchasers.
(B)A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4)Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing single-family residence.
(5)Require a permitted junior accessory dwelling to include a separate entrance from the main entrance tothe proposed or existing single-family residence. (6)Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b)(1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c)An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted witha permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
(d)For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not beconsidered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city andcounty, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a singlefamily residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether thesingle-family residence includes a junior accessory dwelling unit or not. (e)For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessorydwelling unit shall not be considered a separate or new dwelling unit. (f)This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 48 that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g)If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1)“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2)“Local agency” means a city, county, or city and county, whether general law or chartered.

Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately followingSection 17980.11, to read:
17980.12.
(a)(1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standardpursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delayin enforcement pursuant to this subdivision:
(A)The accessory dwelling unit was built before January 1, 2020. (B)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time theaccessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2)The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3)The enforcement agency shall grant an application described in paragraph (2) if the enforcement determinesthat correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4)The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid forthe full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (b)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 49 CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5,
ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a)Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b)This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions ofSection 65852.2 or 65852.22 of the Government Code.

GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3,
ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code was added to read (sections of housing element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).

Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.

Effective January 1, 2020, Section 50504.5 was added to the Health and Safety Code, to read (AB 671(Friedman)):
50504.5.
(a)The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-incomehouseholds. (b)The list shall be posted on the department’s internet website by December 31, 2020. (c)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) ofsubdivision (i) of Section 65852.2 of the Government Code.

5.A.3
Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 50 GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 & TITLE 7, DIVISION 2, CHAPTER 1, ARTICLE 1
SB 9 Housing development: approvals
Effective January 1, 2022, Section 65852.21 was added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 — 3 — Ch. 162 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b)(1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)(A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B)(i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 51 (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 — no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 52 Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 53 (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-ofway. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 54 (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 55 Attachment 2: ADU Resources
ACCESSORY DWELLING UNITS: CASE STUDY
By the United States Department of Housing and Urban Development, Office of Policy Development andResearch. (2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detachedfrom the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.

ADU UPDATE: EARLY LESSONS AND IMPACTS OF CALIFORNIA’S STATE AND LOCAL

POLICY CHANGES
By David Garcia (2017)
Terner Center for Housing and Innovation, UC Berkeley
As California’s housing crisis deepens, innovative strategies for creating new housing units for all income levels are needed. One such strategy is building Accessory Dwelling Units (ADUs) by private homeowners. While large scale construction of new market rate and affordable homes is needed to alleviate demand-driven rent increases and displacement pressures, ADUs present a unique opportunity for individual homeowners to create more housing as well. In particular, ADUs can increase the supply of housing in areas where there are fewer opportunities for larger-scale developments, such as neighborhoods that are predominantly zoned for and occupied by single-family homes.

In two of California’s major metropolitan areas -- Los Angeles and San Francisco -- well over three quarters of the total land area is comprised of neighborhoods where single-family homes make up at least 60 percent of the community’s housing stock. Across the state, single-family detached units make up 56.4 percent of the overall housing stock. Given their prevalence in the state’s residential land use patterns, increasing the number of single- family homes that have an ADU could contribute meaningfully to California’s housing shortage.

ACCESSORY DWELLING UNITS AS LOW-INCOME HOUSING: CALIFORNIA’ FAUSTIAN

BARGAIN
By Darrel Ramsey-Musolf (2018)
University of Massachusetts Amherst, ScholarWorks@UMass Amherst

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 56 In 2003, California allowed cities to count accessory dwelling units (ADU) towards lowincome housing needs. Unless a city’s zoning code regulates the ADU’s maximum rent, occupancy income, and/or effective period, then the city may be unable to enforce lowincome occupancy. After examining a stratified random sample of 57 low-, moderate-, and high-income cities, the high-income cities must proportionately accommodate more lowincome needs than low-income cities. By contrast, low-income cities must quantitatively accommodate three times the low- income needs of high-income cities. The sample counted 750 potential ADUs as low-income housing. Even though 759 were constructed, no units were identified as available low-income housing. In addition, none of the cities’ zoning codes enforced low-income occupancy. Inferential tests determined that cities with colleges and high incomes were more probable to count ADUs towards overall and low-income housing needs. Furthermore, a city’s count of potential ADUs and cities with high proportions of renters maintained positive associations with ADU production, whereas a city’s density and prior compliance with state housing laws maintained negative associations. In summary, ADUs did increase local housing inventory and potential ADUs were positively associated with ADU production, but ADUs as low-income housing remained a paper calculation.

IMPLEMENTING THE BACKYARD REVOLUTION: PERSPECTIVES OF CALIFORNIA’S ADU OWNERS (2022)
By Karen Chapple, Dori Ganetsos, and Emmanuel Lopez (2022) UC Berkeley Center for Community Innovation
The report presents the findings from the first-ever statewide ADU owner survey in California.

JUMPSTARTING THE MARKET FOR ACCESSORY DWELLING UNITS: LESSONS

LEARNED FROM PORTLAND, SEATTLE AND VANCOUVER
By Karen Chapple et al (2017)
Terner Center for Housing and Innovation, UC Berkeley
Despite government attempts to reduce barriers, a widespread surge of ADU construction has not materialized. The ADU market remains stalled. To find out why, this study looks at three cities in the Pacific Northwest of the United States and Canada that have seen a spike in construction in recent years: Portland, Seattle, and Vancouver. Each city has adopted a set of zoning reforms, sometimes in combination with financial incentives and outreach programs, to spur ADU construction. Due to these changes, as well as the acceleration of the housing crisis in each city, ADUs have begun blossoming.

THE MACRO VIEW ON MICRO UNITS
By Bill Whitlow, et al. – Urban Land Institute
(2014)Library Call #: H43 4.21 M33 2014

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 57 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.

REACHING CALIFORNIA’S ADU POTENTIAL: PROGRESS TO DATE AND THE NEED FOR

ADU FINANCE
Karen Chapple, et al. – Terner Center (2020)
To build upon the early success of ADU legislation, the study argues that more financial tools are needed to facilitate greater ADU development amongst low to moderate income homeowners who do not have access to cash saving and cannot leverage home equity. The study recommends that the federal government create ADU-specific construction lending programs. In addition, California could lead this effort by creating a program to assist homeowners in qualifying for ADU construction loans.

RETHINKING PRIVATE ACCESSORY DWELLINGS
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.

One of the large impacts of single-use, single-family detached zoning has been to severely shrink the supply of accessory dwellings, which often were created in or near primary houses.

Detached single-family dwelling zones— the largest housing zoning category—typically preclude more than one dwelling per lot except under stringent regulation, and then only in some jurisdictions. Bureaucratically termed “accessory dwelling units” that are allowed by some jurisdictions may encompass market-derived names such as granny flats, granny cottages, mother-in-lawsuites, secondary suites, backyard cottages, casitas, carriage flats, sidekick houses, basement apartments, attic apartments, laneway houses, multigenerational homes, or home-within-a-home.

REGULATION ADUS IN CALIFORNIA: LOCAL APPROACHES & OUTCOMES By Deidra Pfeiffer (May 16, 2019)
Terner Center for Housing and Innovation, UC Berkeley
Accessory dwelling units (ADU) are often mentioned as a key strategy in solving the nation’s housing problems, including housing affordability and challenges associated with aging in place. However, we know little about whether formal ADU practices—such as adopting an ordinance, establishing regulations, and permitting— contribute to these goals. This research helps to fill this gap by using data from the Terner California Residential Land Use Survey and the U.S. Census Bureau to understand the types of communities engaging in different kinds of formal ADU practices in California, and whether localities with adopted ordinances and less restrictive regulations have more frequent applications to build ADUs and increasing housing affordability and aging in place. Findings suggest that three distinct approaches to ADUs are occurring in California: 1) a more restrictive approach in disadvantaged communities of color, 2)

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling 58 a moderately restrictive approach in highly advantaged, predominately White and Asian communities, and 3) a less restrictive approach in diverse and moderately advantaged communities. Communities with adopted ordinances and less restrictive regulations receive more frequent applications to build ADUs but have not yet experienced greater improvements in housing affordability and aging inplace. Overall, these findings imply that 1) context-specific technical support and advocacy may be needed to helpalign formal ADU practices with statewide goals, and 2) ADUs should be treated as one tool among many to manage local housing problems.

SECONDARY UNITS AND URBAN INFILL: A LITERATURE REVIEW
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized area – and the incremental type of infill that secondary unit development constitutes.

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Attachment: 3 - ADUHandbookUpdate July 2022 (Public Hearing: First Reading - Ordinance Adopting ZCA No. 2023-04 - Accessory Dwelling Notice of Public Hearing
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time the public may be present and be heard, to consider the following:

Zoning Code Amendment ZCA No. 2023-04 - Proposed Code Amendments Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and Accept California Environmental Quality Act (CEQA) A Notice of Exemption.

Date: December 14, 2022
Place: City of Arvin Council Chambers, 200 Campus Drive, Arvin CA 93202 Time: 6:00 P.M.

Description of Projects:

Amendments to Title 17 Zoning propose deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51 Accessory Dwelling Units and Accept California Environmental Quality Act (CEQA) A Notice of Exemption. The zone code amendment to Title 17 Zoning will be applicable to all lands within the limits of City of Arvin and, upon adoption, will be applicable to all new development.

Deletion of Chapter 17.50, Section 17.50.060 Additional Dwelling Units – Requirements were adopted in 1965 and is now obsolete. This section permitted additional dwelling units in the residential zones upon the Planning Commission approving a Conditional Use Permit. State law now requires all cities and counties to permit by right accessory dwelling units and junior accessory dwelling units in all zones that permit residential uses. The addition of Chapter 17.51 Accessory Dwelling Units proposes to implement various government codes and adoption of local development criteria and establish the process for the review and approval of accessory dwelling unit applications.

Applicant: City of Arvin, 200 Campus Drive, Arvin, CA 93203 Additional information on the proposed project and proposed environmental findings may be obtained from City of Arvin, City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s web site at www.arvin.org. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (661) 854-3134. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

All persons interested in this topic who have questions, would like to provide feedback, or who have comments are invited to attend. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to, the public hearing. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, at 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].

Cecilia Vela, City Clerk
Published: Bakersfield Californian, September 28, 2023
Arvin City Council Public Hearing Information
Date: October 10, 2023
Time: 6:00 PM
Place: City of Arvin Council Chambers, 200 Campus Drive, Arvin, CA 93203

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Attachment: 4 - Public Hearing Notice ZCA 2023-04 Chapter 17.51 ADU_CC Mtg of 101023_Published Sept 28, 2023 (Public Hearing: First Staff Report – CC Meeting Oct 10, 2023 SDP 2022-322BMB – Starbucks

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Arvin City CouncilOctober 10, 2023

Arvin City Council
October 10, 2023