CITY OF ARVIN
Staff Report
Meeting Date: January 9, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: PUBLIC HEARING TO DISCUSS THE CLOSEOUT OF THE CITY OF ARVIN’S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV) 20- CDBG-CV-1-00038 & 20-CDBG-CV-2-3-00141.
BACKGROUND:
CDBG Program regulations require that the City conduct a public hearing on all CDBG-related matters to provide for and encourage citizen participation, particularly by low- and moderateincome persons residing in areas where CDBG funds are used. Therefore, when the public hearing is opened, the public will be invited to comment on the City’s CDBG-CV 20-CDBGCV-1-00038 & 20-CDBG-CV-2-3-00141 grants.
A public notice was published on December 15, 2023, in the issue of the Bakersfield Californian and posted at regular locations throughout the city, notifying the public of this public hearing.
From 2020 -2021, HCD released two NOFA’s announcing the availability of CDBG-CV1 and CDBG-CV2 Program funds in response to the Coronavirus Pandemic. The City submitted an application to both NOFA’s and was awarded.
Program Update
1. Subsistence Payment Program, 20-CDBG-CV-1-00038
The City was awarded $116,166 in CDBG-CV1 funds in response to the pandemic to aid City of Arvin residents affect by Covid-19 in the form of subsistence payments for mortgage, rent, and utility assistance and/or payments. Permission to incur cost and begin accepting applications was received on May 7, 2021. The program provided income eligible households with up to $5,000 in assistance to cover past due and/or currently due mortgage payments, rent payments, and utility expenses for up to 3 consecutive months as grants with no repayment obligation.
Applications Received 72
Households Assisted 39
Applications Denied 33
Rental Assistance Provided 6
Mortgage Assistance Provided 17
5.C.1
Attachment: Staff Report re Close Out 01.09.24 (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) Utility Assistance Provided 66
Total 89*
*Numbers are higher than total applications because a single application or household had requested assistance for more than one activity such as assistance with rent and utilities, or mortgage and utilities.
Households Assisted had Incomes as follows:
Very-low income 13
Low income 17
Moderate income 9
Total 39
Household Demographics:
White 5
Black 1
Multi-Race 1
Hispanic 32
Unknown 0
Total 39
Female Head of Household 14
Senior Citizens 5
Disabled 0
Budget Total Expenses Disencumbered Funds
Total Admin: $19,748 $16,071.09 $3,676.91*
Total Implementation: $96,418 $96,284.48 $ 133.52*
The grant expired on June 25, 2023; upon approval, the City will submit the final closeout documents to HCD, completing all obligations under the grant. At this time, an estimated total of $3,810.43 funds will be disencumbered.
*Estimation of disencumbering: in the case that the need to disencumber changes for the current estimate is discovered, the City will work with HCD and SHE to disencumber those funds or to provide any credits.
2. Homeless Navigation Center 20-CDBG-CV-2-3-00141
The Navigation Center has made a tremendous impact on the community. Flood Ministries operated out of The City’s Nav. Center and has assisted individuals at risk of homelessness with shelter, food, the ability to do laundry, a cooling and heating center, mental health services/ access to resources, showers, job training regarding resume building/workshops, and clothing.
The services that the ANC team offered and obtained for these clients have been the Lamont and Arvin mental health services, substance use disorders (SUD) through Clinical Sierra VistaLamont (CSV), Arvin/Lamont community resources guide, shelter, GA, SNAP and Medi-Cal through DHS Services, free CA ID (DMV Voucher), Social Security Cards, transportation to our
5.C.1
Attachment: Staff Report re Close Out 01.09.24 (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) partners’ services, food, water, hygiene, bus passes, and housing preparation assistance. For the term of this grant, an estimated 20-25 participants were assisted on daily basis. In addition, The City has been featured in local new channels and commended for the work the Nav. Center (through Flood Ministries) has done in the community.
Budget Total Expenses Disencumbered Funds
Total Admin: $14,399.28 $ 6,389.26 $8,010.02*
Total Implementation: $408,320.72 $ 408,320.72 $0*
The grant will expire on October 31, 2024. Since no funds exist to continue the program, this grant should be closed. Upon approval, the City will submit the final closeout documents to HCD, completing all obligations under the grant. At this time, an estimated total of $8,010.02 funds will be disencumbered.
*in the case that the discovered encumber the estimation or in the case that there are changes of repayment of funds is discovered, the City will work with HCD and SHE to resolve the matter.
DISCUSSION
When the Public Hearing is opened, citizens are encouraged to ask questions and/or comment on the closeout of the CDBG-CV 20-CDBG-CV-1-00038 & 20-CDBG-CV-2-3-00141 grants.
Citizens are also invited to submit written comments to the City.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve CDBG-CV 20-CDBG-CV-1-00038 & 20- CDBG-CV-2-3-00141 closeout process and authorize its submittal to the CA Department of Housing and Community Development, Community Development Block Grant Program.
FINANCIAL IMPACT:
No fiscal impact for the closeout of the City’s CDBG-CV grants.
ATTACHMENTS:
Public Hearing Notice (Published December 15th, 2023)
CDBG CV1 Close-Out Reports (Drafts)
CDBG CV2& CV3 Close Out Reports (Drafts)
5.C.1
Attachment: Staff Report re Close Out 01.09.24 (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) Version 7/12/2022 1
CDBG Combined Closeout Package
CDBG Award/Contract Number (fill in):
Checklist
I/we have completed the following forms. Check all that apply.
Closeout Certification
Acquired Property Inventory
Disencumbrance of Funds Acknowledgement/Request
Completion Report Acknowledgement
Completion Report uploaded or attached
Section 3 Compliance Acknowledgement
Section 3 Closeout Report (complete only if applicable) Select and complete correct form based on award date
Section 3 Qualitative Efforts (complete only if applicable) Affidavit of Posting Notice
Proof of posting also upload/attached (e.g., picture of the website posting with date stamp, newspaper clipping, or a photo of the document posted in a public place noted on affidavit)
If this award included a planning activity, I/we have uploaded or attached ALL of the following:
Final Product(s)
Documentation of Public Hearing to accept final product(s) (e.g., copies of announcements, posting, etc.)
Board Resolution accepting each/all final product(s)
CDBG Combined Closeout Package Signature
5.C.2
Attachment: ARV CV1 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Closeout Certification
Version 7/12/2022 1
Closeout Certification
I (name of authorized representative), ________________________________, hereby certify that all activities undertaken by the Grantee with funds provided under CDBG Award/Contract Number _________________________ have, to the best of my knowledge, been carried out in accordance with the award/contract agreement; that proper provision has been made by the Grantee for the payment of all costs and claims; that the State of California is under no obligation to make further payment to the Grantee under the award/contract agreement; and that every statement and amounts set forth in all Financial Reports are to the best of my knowledge, true and correct.
The Grantee shall continue to comply with the State CDBG program income reporting requirements.
All costs incurred subsequent to the most recent annual audit period will be audited at the time the Grantee’s next annual audit is conducted in accordance with 2 CFR 200, Subpart F. The Grantee will resolve any audit findings relating to both the program and financial aspects of the award/contract. In the event there are any costs which are disallowed by this audit or any subsequent audits which cover CDBG expenditures, and which are sustained by the Department of Housing and Community Development, the amount of such costs shall be returned to HCD.
5.C.2
Attachment: ARV CV1 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Acquired Property Inventory
Version 7/12/2022 1
Acquired Property Inventory
Complete the table below listing any property acquired in whole or in part with CDBG funds or CDBG Program Income in the table below in accordance with the provisions of 24 CFR Part 570.489(k) – Accountability of Real and Personal Property and 24 CFR Part 570.489(e) – Program Income of the HUD CDBG regulations pertaining to property management and program income. If applicable, state “None” acquired. Include additional copies of the table if required.
Future disposition of this property shall be carried out in accordance with CFR 24 Sec. 570.489(j) – Change of Use of Real Property for instructions.
Grantee: Award/Contract Number:
Contract/Project Name:
In the table below in the Proof of Ownership column, enter the type of proof on record, e.g., title, deed, invoice receipt. In the % CDBG Funded column, enter the percentage of the property funded by CDBG award dollars or by CDBG Program Income.
Description of Property Acquisition
Date
Acquisition
Cost
Serial #
or ID # Condition Status Location Proof of Ownership
% CDBG
Funded
%
%
%
%
5.C.2
Attachment: ARV CV1 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CDBG – Acquired Property Inventory
Version 7/12/20222
Description of Property Acquisition
Date
Acquisition CostSerial #
or ID # Condition Status Location Proof of Ownership
% CDBG
Funded
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
5.C.2
Attachment: ARV CV1 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CDBG – Disencumbrance of Funds
Version 7/12/2022 1
Disencumbrance of Funds Acknowledgement/Request
This award/contract has unused CDBG Grant Funds. This excludes Program Income.
Yes
No (If “No”, skip to the Completion Report Acknowledgement form) Use the table below for Agreements from Program Year 2017 and prior.
Program Activity Activity
Code
Awarded
Amounts
Amount to Be
Disencumbered Balance
TOTAL
For Program Years 2018 and later, please enter the total amount to be disencumbered: $_____________________
5.C.2
Attachment: ARV CV1 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Completion Report Acknowledgement
Version 7/12/2022 1
Completion Report Acknowledgement
Complete one of the acknowledgments below based on the funding year for the CDBG award/contract you are closing out.
For 2017 and prior projects: I/We have attached a copy of the completed Completion Report for this project/program to this Combined Closeout Package. Grantee should obtain the appropriate Completion Report for their activity type from their HCD Representative or Grant Administrator.
Yes
No (Grantee will be unable to close out the project/program until report is provided.) For 2018 and later projects (including CDBG-CV): I/We have uploaded a copy of the completed Completion Report to the Grants Network Portal concurrently with the submittal of this package.
Grantee should obtain the appropriate Completion Report for their activity type from their HCD Representative or Grant Administrator.
Yes
No (Grantee will be unable to close out the project/program until report is provided.) Grantee should not initiate closeout in the Grants Network Portal until they can provide a Completion Report.
5.C.2
Attachment: ARV CV1 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Section 3 Compliance Acknowledgement
Version 7/12/2022 1
Section 3 Compliance Acknowledgement
The purpose of Section 3 of the Housing and Urban Development Act of 1968 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons.
Section 3 requirements apply to housing rehabilitation, housing construction, or other public construction projects when the total amount of housing and community development assistance for the covered project activity (not including general administration) meets or exceeds a funding threshold, generally $200,000.
Section 3 compliance requirements should have been established at project set up. Grantees who are uncertain whether Section 3 requirements apply to their project(s) should contact their HCD Representative or Grant Administrator.
1. This project/program was funded prior to November 30, 2020 and is required to comply with the prior HUD Section 3 Rule, found at 24 CFR 135.
Yes (Complete the Section 3 Closeout Report for Contracts Funded Prior to November 30, 2020 on the next page.)
No (If “No”, answer Question 2 on this form.)
2. This project/program is required to comply with the HUD Section 3 Final Rule, effective on November 30, 2020, and codified at 24 CFR part 75.
Yes (Complete the Section 3 Closeout Report for Contracts Funded on or After November 30,2020.)
No
If you answer “No” to both questions above, skip to the Affidavit of Posting Notice form.
5.C.2
Attachment: ARV CV1 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Affidavit of Posting Notice
Version 7/12/2022 1
Affidavit of Posting Notice
I, (Name of Official Designated in Resolution)__________________________, hereby certify that on the ________ day of ____________(month), ________ (year), I did post the notice of public hearing concerning discussion of closure and remittal of remaining funds, if any, under the California Department of Housing and Community Development, Community Development Block Grant Program at the following _______(number) locations listed below, which are available to the public. These postings will be available from ____________________(date) to ____________________(date).
Location 1:
Location 2:
Location 3:
Location 4:
Location 5:
I, (name) _________________________, Clerk of ____________________ (city, county, or jurisdiction name), State of California, hereby certify the above and foregoing is true and correct.
Dated at ___________________________(location), California, this ______ (date) day of _______________(month), 20______.
Signature of Clerk
(This may not be the same person as the official designated in the Resolution who is certifying the posting)
Title
5.C.2
Attachment: ARV CV1 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Combined Closeout Package Signature
Version 7/12/2022 1
CDBG Combined Closeout Package Signature
I, the undersigned, hereby certify that all representations made and/or information provided in this combined closeout package and any referenced uploads or attachments is, to the best of my knowledge, true. I further state that my signature below will serve as signature for each of the completed forms in this package as well as for the CDBG Combined Closeout Package taken as a whole.
Date: Typed Name and Title of Official
Authorized in the Resolution:
Signature of Official Authorized
in the Resolution
Name:
Title
5.C.2
Attachment: ARV CV1 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) Version 7/12/2022 1
CDBG Combined Closeout Package
CDBG Award/Contract Number (fill in):
Checklist
I/we have completed the following forms. Check all that apply.
Closeout Certification
Acquired Property Inventory
Disencumbrance of Funds Acknowledgement/Request
Completion Report Acknowledgement
Completion Report uploaded or attached
Section 3 Compliance Acknowledgement
Section 3 Closeout Report (complete only if applicable) Select and complete correct form based on award date
Section 3 Qualitative Efforts (complete only if applicable) Affidavit of Posting Notice
Proof of posting also upload/attached (e.g., picture of the website posting with date stamp, newspaper clipping, or a photo of the document posted in a public place noted on affidavit)
If this award included a planning activity, I/we have uploaded or attached ALL of the following:
Final Product(s)
Documentation of Public Hearing to accept final product(s) (e.g., copies of announcements, posting, etc.)
Board Resolution accepting each/all final product(s)
CDBG Combined Closeout Package Signature
5.C.3
Attachment: ARV CV2 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Closeout Certification
Version 7/12/2022 1
Closeout Certification
I (name of authorized representative), ________________________________, hereby certify that all activities undertaken by the Grantee with funds provided under CDBG Award/Contract Number _________________________ have, to the best of my knowledge, been carried out in accordance with the award/contract agreement; that proper provision has been made by the Grantee for the payment of all costs and claims; that the State of California is under no obligation to make further payment to the Grantee under the award/contract agreement; and that every statement and amounts set forth in all Financial Reports are to the best of my knowledge, true and correct.
The Grantee shall continue to comply with the State CDBG program income reporting requirements.
All costs incurred subsequent to the most recent annual audit period will be audited at the time the Grantee’s next annual audit is conducted in accordance with 2 CFR 200, Subpart F. The Grantee will resolve any audit findings relating to both the program and financial aspects of the award/contract. In the event there are any costs which are disallowed by this audit or any subsequent audits which cover CDBG expenditures, and which are sustained by the Department of Housing and Community Development, the amount of such costs shall be returned to HCD.
5.C.3
Attachment: ARV CV2 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Acquired Property Inventory
Version 7/12/2022 1
Acquired Property Inventory
Complete the table below listing any property acquired in whole or in part with CDBG funds or CDBG Program Income in the table below in accordance with the provisions of 24 CFR Part 570.489(k) – Accountability of Real and Personal Property and 24 CFR Part 570.489(e) – Program Income of the HUD CDBG regulations pertaining to property management and program income. If applicable, state “None” acquired. Include additional copies of the table if required.
Future disposition of this property shall be carried out in accordance with CFR 24 Sec. 570.489(j) – Change of Use of Real Property for instructions.
Grantee: Award/Contract Number:
Contract/Project Name:
In the table below in the Proof of Ownership column, enter the type of proof on record, e.g., title, deed, invoice receipt. In the % CDBG Funded column, enter the percentage of the property funded by CDBG award dollars or by CDBG Program Income.
Description of Property Acquisition
Date
Acquisition
Cost
Serial #
or ID # Condition Status Location Proof of Ownership
% CDBG
Funded
%
%
%
%
5.C.3
Attachment: ARV CV2 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CDBG – Acquired Property Inventory
Version 7/12/20222
Description of Property Acquisition
Date
Acquisition CostSerial #
or ID # Condition Status Location Proof of Ownership
% CDBG
Funded
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
5.C.3
Attachment: ARV CV2 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CDBG – Disencumbrance of Funds
Version 7/12/2022 1
Disencumbrance of Funds Acknowledgement/Request
This award/contract has unused CDBG Grant Funds. This excludes Program Income.
Yes
No (If “No”, skip to the Completion Report Acknowledgement form) Use the table below for Agreements from Program Year 2017 and prior.
Program Activity Activity
Code
Awarded
Amounts
Amount to Be
Disencumbered Balance
TOTAL
For Program Years 2018 and later, please enter the total amount to be disencumbered: $_____________________
5.C.3
Attachment: ARV CV2 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Completion Report Acknowledgement
Version 7/12/2022 1
Completion Report Acknowledgement
Complete one of the acknowledgments below based on the funding year for the CDBG award/contract you are closing out.
For 2017 and prior projects: I/We have attached a copy of the completed Completion Report for this project/program to this Combined Closeout Package. Grantee should obtain the appropriate Completion Report for their activity type from their HCD Representative or Grant Administrator.
Yes
No (Grantee will be unable to close out the project/program until report is provided.) For 2018 and later projects (including CDBG-CV): I/We have uploaded a copy of the completed Completion Report to the Grants Network Portal concurrently with the submittal of this package.
Grantee should obtain the appropriate Completion Report for their activity type from their HCD Representative or Grant Administrator.
Yes
No (Grantee will be unable to close out the project/program until report is provided.) Grantee should not initiate closeout in the Grants Network Portal until they can provide a Completion Report.
5.C.3
Attachment: ARV CV2 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Section 3 Compliance Acknowledgement
Version 7/12/2022 1
Section 3 Compliance Acknowledgement
The purpose of Section 3 of the Housing and Urban Development Act of 1968 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons.
Section 3 requirements apply to housing rehabilitation, housing construction, or other public construction projects when the total amount of housing and community development assistance for the covered project activity (not including general administration) meets or exceeds a funding threshold, generally $200,000.
Section 3 compliance requirements should have been established at project set up. Grantees who are uncertain whether Section 3 requirements apply to their project(s) should contact their HCD Representative or Grant Administrator.
1. This project/program was funded prior to November 30, 2020 and is required to comply with the prior HUD Section 3 Rule, found at 24 CFR 135.
Yes (Complete the Section 3 Closeout Report for Contracts Funded Prior to November 30, 2020 on the next page.)
No (If “No”, answer Question 2 on this form.)
2. This project/program is required to comply with the HUD Section 3 Final Rule, effective on November 30, 2020, and codified at 24 CFR part 75.
Yes (Complete the Section 3 Closeout Report for Contracts Funded on or After November 30,2020.)
No
If you answer “No” to both questions above, skip to the Affidavit of Posting Notice form.
5.C.3
Attachment: ARV CV2 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Affidavit of Posting Notice
Version 7/12/2022 1
Affidavit of Posting Notice
I, (Name of Official Designated in Resolution)__________________________, hereby certify that on the ________ day of ____________(month), ________ (year), I did post the notice of public hearing concerning discussion of closure and remittal of remaining funds, if any, under the California Department of Housing and Community Development, Community Development Block Grant Program at the following _______(number) locations listed below, which are available to the public. These postings will be available from ____________________(date) to ____________________(date).
Location 1:
Location 2:
Location 3:
Location 4:
Location 5:
I, (name) _________________________, Clerk of ____________________ (city, county, or jurisdiction name), State of California, hereby certify the above and foregoing is true and correct.
Dated at ___________________________(location), California, this ______ (date) day of _______________(month), 20______.
Signature of Clerk
(This may not be the same person as the official designated in the Resolution who is certifying the posting)
Title
5.C.3
Attachment: ARV CV2 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3) CDBG – Combined Closeout Package Signature
Version 7/12/2022 1
CDBG Combined Closeout Package Signature
I, the undersigned, hereby certify that all representations made and/or information provided in this combined closeout package and any referenced uploads or attachments is, to the best of my knowledge, true. I further state that my signature below will serve as signature for each of the completed forms in this package as well as for the CDBG Combined Closeout Package taken as a whole.
Date: Typed Name and Title of Official
Authorized in the Resolution:
Signature of Official Authorized
in the Resolution
Name:
Title
5.C.3
Attachment: ARV CV2 Closeout Package (Public Hearing to Discuss the CloseOut of CDBG CV1 and CV2&3)
Staff Report – Consideration and Approval of LOI with APC.
CITY OF ARVIN
Staff Report
Meeting Date: January 9
th, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Consideration of Approval of Letter of Intent with Arvin Power Company BACKGROUND:
Over the past several months, the Arvin Power Company has made presentations to the City Council regarding potential partnership with the City of Arvin regarding energy projects. For your consideration tonight is a ‘Letter of Intent’ (LOI) which discusses establishing a privatepublic partnership between the City of Arvin and the APC.
According to the APC this partnership will include and possibly provide benefits to the City of Arvin as follows:
The principal benefit that the City receives under the LOI is cost-free assistance from public agency energy specialists in reviewing and initially pursuing energy-related options. This assistance is being sponsored by an Arvin-area business/enterprise: Arvin Power Company, which has a focus on developing benefits for the Arvin community.
If any of the options materialize, as expected, the City will receive other key benefits. For example, under the Community Solar option, the City would receive a rate discount of 20 percent off its electricity bills for accounts served under the Community Solar Green Tariff program. Given the size of the proposed project (~2 MW) and the limitation on community sponsor benefits (25 percent), it is expected that this benefit would amount to about $85,000 per year.
In addition, the development of solar or other projects in or near Arvin is expected to provide economic benefits to the City through workforce development and revenue-producing elements, depending on the actual project developed. APC is also committed to establishing its corporate headquarters and billing center within the City of Arvin.
The APC will contribute up to $20,000 in costs in support of City Attorney time. There is no funding provided for other City staff time nor any funding for any consultants that the City will need to use in support of proposed projects.
6.A.1
Attachment: SR- APC LOI 1.9.24 (Approval of Letter of Intent with Arvin Power Company)
Staff Report – Consideration and Approval of LOI with APC.
STAFF RECOMMENDATION:
At this time, staff recommends that the City Council review the LOI and request that staff engage with further discussions regarding City cost recovery should the Council desire to move forward with approving the LOI. City staff does not have the technical capacity nor current operational capacity to take on a project like this. If the LOI is implemented, staff estimates that this will cost the City between $50,000 and $100,000 in consultant costs. City staff will also have to re-direct priorities of other city operations in order to commit the necessary time to support APC/City projects. At a minimum, APC should agree to reimburse those costs in order for the City to move forward with the LOI.
FINANCIAL IMPACT:
An estimated unbudgeted expense of between $50,000 and $100,000 for consultant costs.
Potential cost savings of $85,000 (per APC estimates) per year in energy savings to the City. It should be noted that the City already has a grant with the Federal Transportation Authority for a microgrid project to provide solar energy to most of the buildings in the City hall complex so the $85,000 estimate provided by APC will need to be adjusted downward to reflect energy savings provided by the City hall microgrid in the future. There will possibly be other financial benefits and costs.
ATTACHMENTS:
Attached proposed letter of intent between the Arvin Power Company and the City of Arvin.
The LOI has been reviewed by both the City Attorney and the City Manager.
6.A.1
Attachment: SR- APC LOI 1.9.24 (Approval of Letter of Intent with Arvin Power Company) Arvin Power Company, LLC
380 Tucker Street
Arvin, CA 93203
December 27, 2023
Mr. Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Letter of Intent to Explore and Pursue the Collaborative Development of Community Solar and Other Energy Options Dear Mr. Jones:
When countersigned below, this letter of intent (?LOK?) expresses the mutual desire of the city of Arvin (?Arvin?) and Arvin Power Company, LLC (?APC?) to explore and, if found to be meritorious, pursue the collaborative development of identified community solar and other power supply and energy options (as further specified in Section 2, ?Potential Projects?). Arvin and APC willbejointly referred to as the ?Parties.? As also further described below, this LOI establishes the dealings between the Parties with respect to the Potential Projects.
This LO! is entered into with the following background information:
A. APC has been formed by the Garcia family, who are longtime residents of the Arvin community with rural property interests in and around Arvin that are used for farming, grazing and other rural operations. APC was formed for the purpose of exploring and developing community-based energy projects.
B. The Garcia family?s goal is to develop as much of its property holdings into renewable energy facilities that can help facilitate the incoming electrical infrastructure needed to propel Kern County and its communities toward energy sustainability and independence.
C. APC provided a presentation at the August 8, 2023 Arvin City Council (?City Council?) meeting describing a proposal by which Arvin and APC would work collaboratively with other service providers to create and support a newly formed microgrid or micro-utility (?Original Proposal?). Upon further review of the Original Proposal and in light of newly approved State and Federal incentives to develop renewable energy, APC believes that other proposals should be explored to determine if a community-based energy program could be pursued that would allow for the development of solar and other power supply and energy options, such as green hydrogen, for the residents and businesses in and around Arvin.
6.A.2
Attachment: 2023-12-20 13-18 updated APC signed LOI (Approval of Letter of Intent with Arvin Power Company) With this as background, the Parties hereby agree and express their mutual intent as follows:
|. Exclusive and Confidential Exploratory Period. During the period of time beginning on the Effective Dateof this LOT (defined as the date on which this LOT has been countersigned by Arvin) and continuing for one year (?Exploratory Period?), the Parties agree to engage in exclusive and confidential dealings with respect to the exploration and possible collaborative development of the Potential Projects identified in Section 2.
2. Collaborative Exploration of the Potential Projects. As soon afler the Effective Date as conimercially practicable, APC will provide additional commercial, financial and technical information about the following Potential Projects, which will form the basis for the Parties? consideration of next steps and additional activity under this LOI:
Original Proposal
© Upon further review, APC believes that the Original Proposal may not be able to feasibly and timely deliver net benefits to Arvin without significant cost, risk and uncertainty. Nevertheless, APC believes that the Original Proposal may be uscful in forming other energy options that could be implemented by the Parties.
Community Microgrid Options
© Pursuant to legislative direction provided in Senate Bill 1339 (2018), the California Public Utilities Commission (?CPUC?) has begun to explore and implement, on a limited basis, microgrid options by which certain customers and communities within defined electrical boundaries may act as a single electric system, and can be connected and disconnected from the broader electrical grid in order to achieve resiliency and other objectives. APC will provide additional information about community microgrid options that may provide benefits to Arvin.
Community Solar Options
®@ The CPUC has authorized various programs that provide incentives and opportunities for solar projects located in and around disadvantaged communities (?DACs?). Most of the census tracts in and around Arvin are considered DACs and therefore may provide opportunities for the development of solar projects by APC, sponsored by Arvin, that would qualify under the CPUC?s programs. APC will provide additional information about applicable community solar options with the intent that, should the Parties enter into a binding agreement, as discussed in Section 3, below, Arvin will act as the community sponsor for a potential project with APC under the CPUC?s DAC Community Solar GreenTariff program, which requires local government sponsorship and promotes workforce development and job training in DACs. As necessary to tentatively advance a project under the 2 6.A.2
Attachment: 2023-12-20 13-18 updated APC signed LOI (Approval of Letter of Intent with Arvin Power Company)
3. CPUC?s DAC Community Solar Green Tariff program, Arvin agrees to provide reasonable assurances of its intent, as described further in Section 5, below.
Public Power Options
® Asacity under California law, Arvin has the right to establish a municipal clectric utility, and separately has the right to form its own community choice aggregation (?CCA?) program or to join a CCA program operated pursuant to a joint powers agrcement with other cities and/or counties. Formation ofa CCA program, either as a stand-alone program or as part of a broader program, may allow energy programs to be developed for the benefit of the Parties. APC will provide additional information about these ?public power options? and how these options may be useful in developing communitybased energy programs supported by APC.
Green Hydrogen Development
© The United States and California are committed to promoting the development and deployment of clean, renewable hydrogen. Opportunities exist to produce hydrogen using solar power on land owned or under the control of APC. APC will provide additional information about how the development of green hydrogen in or around Arvin (or the use of green hydrogen in or around Arvin) may provide community benefits.
Implementation. The Parties anticipate that they will engage in ongoing discussions and mectings for the purpose of describing and considering the meritsof the Potential Projects. APC commits to provide sufficient resources, including financial resources, to support these efforts. Arvin commits to provide staff time to understand and properly present the options to the City Council prior to approval of any project. The goal of these efforts is to discuss, negotiate and potentially enter into a binding agreement before the end of the Exploratory Period by which APC will implement and develop one or more of the Potential Projects identified by the Parties as having a high value for Arvin and the community.
Relationshipof the Parties. The Parties will not be deemed in a relationship of partiers or joint venturers by virtue of this LOI, nor will either party be an agent, representative, trustee or fiduciary of the other party. Neither party will have any authority to bind the other party to any agreement. Without limiting the generality of the foregoing, Arvin hereby authorizes APC to communicate with third parties (including but not limited to the CPUC, Pacific Gas and Electric Company (?PG&E?), and project developers) for the purpose of expressing the intent of Arvin to consider and potentially develop a community energy project, as described herein.
Further Assurances and Efforts. The Parties acknowledge that this LOI provides a summary expression of efforts and actions that are necessary to implement exploratory 3 6.A.2
Attachment: 2023-12-20 13-18 updated APC signed LOI (Approval of Letter of Intent with Arvin Power Company) efforts with respect to the Potential Projects. The Parties hereby agree to provide further assurances and expend further effort as may be commercially reasonable to carry out the objectives of this LOI. Notwithstanding the foregoing, in no way is Arvin committing under this LOT to provide ary out-of-pocket financial resources towards carrying out the objectives of this LOI.
. Costs. APC is solely responsible for its costs incurred in APC?s performance under this LOI, and as part of any subsequent discussion or negotiation between the Parties.
Additionally, APC will provide reimbursement for the out-of-pocket costs associated with the Arvin City Attorney and his staff, provided, however, unless otherwise agreed in writing, APC will have no obligation to provide reimbursement to Arvin in an aggregate amount more than $20,000.
. Exclusivity, During the Exploratory Period, APC will have the exclusive right to enter into an agreement with Arvin for the purpose of developing and implementing the Potential Projects. If, during the Exploratory Period and continuing for six months thereafter, Arvin receives a bona fide written offer by a third party to enter into an agreement to develop and implement one or more of the Potential Projects (?Third-Party Offer?), which Arvin intends to accept, Arvin will give written notice to APC at least sixty (60) days before the expected effective date of the agreement, providing APC a copy of the Third-Party Offer. For sixty (60) days after APC receives written notice from Arvin and a copyof the Third-Party Offer, APC will have the right to notify Arvin that it is exercising its right of first refusal and will enter into an agreement on terms and conditions contained in the Third-Party Offer.
. Confidentiality and Common Interest. Subject to the open records requirements of the California Public Records Act, or Federal, State or Local laws requiring disclosure, the Parties agree to maintain the terms of this LOI in confidence. Without limiting the gencrality of the forcgoing, the Partics agree not to disclose terms associated with or work performed under this LOT without the other party?s written consent, unless required by law. Moreover, the Parties agree to hold any business information exchanged or discovered with respect to the Parties or the Potential Projects in confidence if such information is marked or otherwise reasonably assumed to be ?confidential,? and not to disclose the same to any third party or to use such information for any purpose other than to evaluate the Potential Projects. Notwithstanding the foregoing, APC may communicate on behalf of Arvin as described in Section 4 for the purpose of expressing Arvin?'s intent to evaluate the Potential Projects. Further, the Parties hereby acknowledge that, by virtue of this LOI, they are entering into a common interest relationship, and the Parties desire, to the maximum extent permitted, to maintain a common interest privilege over information exchanged under this LOI.
. Expression of Intent. Arvin hereby expresses its intent to implement a Potential Project if the identified Potential Project meets the objectives of Arvin. Notwithstanding the foregoing, the ?objectives of Arvin? will be determined solely by the City Council.
6.A.2
Attachment: 2023-12-20 13-18 updated APC signed LOI (Approval of Letter of Intent with Arvin Power Company)
10. No Guarantee. Neither this LOI nor any subsequent discussion or negotiation between the Parties creates a binding or enforceable agreement to proceed with a Potential Project and should not be construed or relied upon as a guarantee of achievement of a Potential Project.
If the foregoing meets with your approval, please sign this LOI below and provide a scanned copy of the signature page to me via email (to [email protected]). The Parties agree that facsimile signatures of the Partics on this LOI will have the same force and effect as original signatures.
The Parties have also agreed that this LOT may be executed in counterparts, each of which will be deemed an original.
Sincerely,
ARVIN POWER COMPANY, LLC _ CITY OF ARVIN
aoa Ow and agreed:
Rene P. Garcia
Title: President Title:
Date:
6.A.2
Attachment: 2023-12-20 13-18 updated APC signed LOI (Approval of Letter of Intent with Arvin Power Company) Staff Report Awarding Bid to Harbor Plumbing for Restoration of DiGiorgio Park Restrooms_010924.
CITY OF ARVIN
Staff Report
Meeting Date: January 09, 2024
TO: Arvin City Council
FROM: Pedro Barraza, Public Works Supervisor
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 Harbor Plumbing for Restoration of the DiGiorgio Park Restrooms in the amount of $92,949.39.
BACKGROUND
The restrooms located at DiGiorgio Park are in need of restoration. The plumbing has rusted, the floor drains clog, the water lines leak, and the restroom fixtures have decayed.
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 issued a Request for Proposal (RFP) inviting sealed bids for restoration of the DiGiorgio Park restrooms. The restoration includes all materials and labor for replumbing and replacement of toilets, urinals, sinks and lavatory fixtures.
The City received one bid in response to the RFP from Harbor Plumbing in the amount of $92,949.39.
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 Harbor Plumbing for the restoration of DiGiorgio Park restrooms.
FINANCIAL IMPACT
The project is funded by the Prop 68 Statewide Per Capita Parks Fund and the American Rescue Plan Act.
ATTACHMENTS
Bid from Harbor Plumbing
6.B.1
Attachment: Staff Report Award Bid to Harbor Plumbing for DiGiorgio Park Restroom Restoration_010924 (Approve Bid from Harbor Plumbing Reso Awarding Bid to Harbor Plumbing for Restoration of DiGiorgio Park Restrooms_010924.
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 HARBOR
PLUMBING FOR RESTORATION OF THE DIGIORGIO PARK
RESTROOMS IN THE AMOUNT OF $92,949.39.
WHEREAS, the restrooms located at the DiGiorgio Park are in need of restoration; and WHEREAS, the City of Arvin desires to restore the restrooms by replumbing and replacing the old and deteriorated toilets, urinals, sinks, and lavatory fixtures; 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 October 30, 2023 the City issued a Request for Proposal (RFP) following the procedures as prescribed by AMC 3.08.090, seeking sealed proposals from qualified vendors to restore the DiGiorgio Park restrooms; and WHEREAS, on November 08, 2023, at 3:00 pm, the following bid was received and were opened by the City Clerk at the Arvin City Hall:
Harbor Plumbing: $92,949.39
WHEREAS, Staff has examined the bid received, and found the bid from Harbor Plumbing to be a qualified responsive and responsible bid, and has recommended it for the award of this project; and
WHEREAS, the City desires to finance this purchase using Prop 68 Statewide Per Capita Parks Fund and American Rescue Plan Act fund; and
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 Harbor Plumbing is the only qualified responsive and responsible bidder.
3. The City Council of the City of Arvin does hereby accept the bid received, awards the bid to Harbor Plumbing, and authorizes the City Manager to execute the proposal with Harbor Plumbing for the restoration of the DiGiorgio Park restrooms.
4. The City Council finds that this action is in the best interests of the City of Arvin.
5. The City Clerk shall certify the passage and adoption of this Resolution.
6.B.2
Attachment: Reso Awarding Bid to Harbor Plumbing for DiGiorgio Park Restroom Restoration__010924 (Approve Bid from Harbor Plumbing for Reso Awarding Bid to Harbor Plumbing for Restoration of DiGiorgio Park Restrooms_010924.
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 09th day of January 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
6.B.2
Attachment: Reso Awarding Bid to Harbor Plumbing for DiGiorgio Park Restroom Restoration__010924 (Approve Bid from Harbor Plumbing for
6.B.3
Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
6.B.3
Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
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Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
6.B.3
Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
6.B.3
Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
6.B.3
Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
6.B.3
Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
6.B.3
Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
6.B.3
Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park
6.B.3
Attachment: Bid from Harbor Plumbing - DiGiorgio Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park DiGiorgio Park Men
’s Restroom
6.B.4
Attachment: DiGiorgio Park Restroom Photos (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park Restrooms) DiGiorgio Park Women
’s Restroom
6.B.4
Attachment: DiGiorgio Park Restroom Photos (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park Restrooms) DiGiorgio Park
Plumbing
6.B.4
Attachment: DiGiorgio Park Restroom Photos (Approve Bid from Harbor Plumbing for Restoration of DiGiorgio Park Restrooms) Staff Report Awarding Bid to Harbor Plumbing for Restoration of Smothermon Park Restrooms_010924.
CITY OF ARVIN
Staff Report
Meeting Date: January 09, 2024
TO: Arvin City Council
FROM: Pedro Barraza, Public Works Supervisor
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 Harbor Plumbing for Restoration of the Smothermon Park Restrooms in the amount of $88,666.01.
BACKGROUND
The restrooms located at Smothermon Park are in need of restoration. The plumbing has rusted, the floor drains clog, the water lines leak, the restroom fixtures have decayed and the drinking water fountain does not work.
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 issued a Request for Proposal (RFP) inviting sealed bids for restoration of the Smothermon Park restrooms. The restoration includes all materials and labor for replumbing and replacement of toilets, urinals, sinks, lavatory fixtures, vents, and drinking water fountain.
The City received bids from two different vendors in response to the RFP:
Harbor Plumbing $ 88,666.01
HPS Mechanical, Inc. $ 174,115.00
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 Harbor Plumbing for the restoration of DiGiorgio Park restrooms.
FINANCIAL IMPACT
The project is funded by the Prop 68 Statewide Per Capita Parks Fund and the American Rescue Plan Act.
ATTACHMENTS
Bid from Harbor Plumbing
6.C.1
Attachment: Staff Report Award Bid to Harbor Plumbing for Smothermon Park Restroom Restoration_010924 (Approve Bid from Harbor Reso Awarding Bid to Harbor Plumbing for Restoration of Smothermon Park Restrooms_010924.
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 HARBOR
PLUMBING FOR RESTORATION OF THE SMOTHERMON PARK
RESTROOMS IN THE AMOUNT OF $88,666.01.
WHEREAS, the restrooms located at the Smothermon Park are in need of restoration; and
WHEREAS, the City of Arvin desires to restore the restrooms by replumbing and replacing the old and deteriorated toilets, urinals, sinks, lavatory fixtures, vents, and drinking water fountain; 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 October 30, 2023 the City issued a Request for Proposal (RFP) following the procedures as prescribed by AMC 3.08.090, seeking sealed proposals from qualified vendors to restore the Smothermon Park restrooms; and WHEREAS, on November 08, 2023, at 3:00 pm, the following bid was received and were opened by the City Clerk at the Arvin City Hall:
Harbor Plumbing: $88,666.01
HPS Mechanical, Inc. $ 174,115.00
WHEREAS, Staff has examined the bids received, and found the bid from Harbor Plumbing to be the lowest qualified responsive and responsible bid, and has recommended it for the award of this project; and
WHEREAS, the City desires to finance this purchase using Prop 68 Statewide Per Capita Parks Fund and American Rescue Plan Act fund; and
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 Harbor Plumbing is the lowest qualified responsive and responsible bidder.
6.C.2
Attachment: Reso Awarding Bid to Harbor Plumbing for Smothermon Park Restroom Restoration__010924 (Approve Bid from Harbor Plumbing Reso Awarding Bid to Harbor Plumbing for Restoration of Smothermon Park Restrooms_010924.
3. The City Council of the City of Arvin does hereby accept the bids received, awards the bid to Harbor Plumbing, and authorizes the City Manager to execute the proposal with Harbor Plumbing for the restoration of the Smothermon Park restrooms.
4. The City Council finds that this action is in the best interests of the City of Arvin.
5. The City Clerk shall certify the passage and adoption of this Resolution.
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 09thday of January 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
6.C.2
Attachment: Reso Awarding Bid to Harbor Plumbing for Smothermon Park Restroom Restoration__010924 (Approve Bid from Harbor Plumbing
6.C.3
Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
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Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
6.C.3
Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park
6.C.3
Attachment: Bid from Harbor Plumbing - Smothermon Park_Redacted (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park Smothermon Park Women
’s Restroom
6.C.4
Attachment: Smothermon Park Restroom Photos (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park Restrooms) Smothermon Park Men
’s Restroom
6.C.4
Attachment: Smothermon Park Restroom Photos (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park Restrooms) Smothermon Park
Drinking Water Fountain
Smothermon Park Plumbing
6.C.4
Attachment: Smothermon Park Restroom Photos (Approve Bid from Harbor Plumbing for Restoration of Smothermon Park Restrooms) Staff Report – Necessity to Commence Eminent Domain Proceedings – APN 446-010-62.
CITY OF ARVIN
Staff Report
Meeting Date: January 09, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Report, Discussion, and Potential Approval of A Resolution of the City Council of the City of Arvin Declaring the Necessity to Commence Eminent Domain Proceedings for the Acquisition of the Property Located at the Southwest Corner of Millux and Tejon Highway, Arvin, California 93203, Assessor’s Parcel No. 446-010-62.
Recommendation:
Adopt the Resolution of Necessity (2/3 vote required).
Background:
Earlier this year, the City was ordered by the State Water Control Board to comply with new requirements related to its Wastewater Treatment Facility to comply with a Cease and Desist Order. In order to comply with these requirements, the City needs additional land to properly disperse the effluent from its Wastewater Treatment Facility.
The City, however, does not own sufficient land in the vicinity of the Wastewater Treatment Facility, and after analyzing the property surrounding the Treatment Facility, it was determined that the property located at the Southwest corner of Millux and Tejon Highway, Arvin, CA 93203, Assessor’s Parcel No. 446-010-62, is the best property to allow the City to comply with the State Water Control Board’s requirements. The property is designated as Restricted Commercial, C-1, zoning on the City General Plan Map and Zoning map.
A map showing the location of the property is attached as an exhibit to the proposed Resolution.
Staff has been in contact with the property owners. Additionally, an appraiser, retained by the City, assigned a fair market value to the property necessary to complete the Project. An offer from the City to acquire the property for the amount stated in the appraisal was made on September 15, 2023. Additionally, since sending the offer to acquire the property, the City has sought to negotiate the purchase of the property in good faith. However, the Property Owner has not agreed to a purchase price for the Property. Therefore, in order to comply with the State Water Control Board’s requirements, the City must consider the filing of an eminent domain action, which will allow the City to proceed with the project while the fair market value is determined by the Court.
Before an eminent domain case can be filed, the City Council must adopt, by at least a 2/3 vote, a “Resolution of Necessity.” This resolution makes certain findings required by state law and authorizes the city attorney to begin the proceedings.
6.D.1
Attachment: Staff Report Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Staff Report – Necessity to Commence Eminent Domain Proceedings – APN 446-010-62.
It must be emphasized that the price to be paid for the property is NOT the subject of this hearing.
This hearing has the sole purpose of determining whether the statutory findings can be made.
Statutory Findings:
The statutory findings required to be made, and the facts supporting the making of the findings, are as follows:
1 . The project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury.
Facts: Yes, the closest property, which would allow the City to comply with the new requirements related to effluent is the Property at issue. This property is vacant and will require the least amount of work in order to allow the City to utilize it as intended.
Additionally, the Property is currently being used by the City’s contract farmer to disburse effluent. Therefore, the property, although vacant, is currently being utilized in the same manner as the City intends to utilize the property once acquired. This Project is deemed important for the safety of the residents of Arvin and is necessary to allow the City to continued compliance with the State Water Board’s Cease and Desist requirements.
2. The taking of the project is necessary for the proposed project.
Facts: Yes, as stated above, the City does not own sufficient land within the vicinity of its Wastewater Treatment Facility to allow it to comply with the State Water Control Board’s requirements. Additionally, because this land is currently vacant, it will require the lease amount of work to allow it to be utilized for the public’s interest.
3. The offer to purchase required by California Government Code Sec. 7267.2 was made to the owners of the property interests.
Facts: Yes, a written offer to acquire the property at the fair market value as determined by the appraiser was made on September 15, 2023.
4. The necessary notice of this hearing was given as required by Code of Civil Procedure Sec. 1245.235.
Facts: Yes, the notice was given by the City Clerk on December 20, 2023.
5. The City of Arvin has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain.
Facts: Yes, as outlined in this staff report.
6. The City of Arvin has complied with all provisions of the California Environmental Quality Act for the project.
Facts: Yes. The land acquisition meets the exemption criteria pursuant to California Environmental Quality Act (CEQA) Guidelines, Chapter 18.04 CEQA Implementation and Environmental Clearance and Resolution No. 2022-08 CEQA Implementation Guidelines. Pursuant to Title 14 of the California Code of Regulations, Sections 15061 (b) (2) and (b)(3), that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. This project and the associated project approvals are exempt from review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(2) and (3) because it can be seen with certainty that there is no possibility that it will have a significant effect on the
6.D.1
Attachment: Staff Report Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Staff Report – Necessity to Commence Eminent Domain Proceedings – APN 446-010-62.
environment, as the proposed project is merely a transfer of ownership with no other changes to the land or use. In addition, the project is exempt pursuant to Section 15325, Class 25 (Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources), subsection (b)- as the acquisition will allow the continued agricultural use of the area.
The project is also not located next to any scenic highway or resources, nor is located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Finally, there are no structures on the site that could qualify as historical resources. The project will not have a significant adverse impact on a historic resource.
The Notice of Exemption is to be filed with Kern County Clerk in accordance with the City of Arvin’s Guideline for the implementation of CEQA. For all the foregoing, including evidence in the administrative record, the City Planner recommends the City of Arvin adopts a Class 3 Categorical Exemption under CEQA Guidelines section 15301- Existing Facilities and 15061(b)(1) and (b)(3).
7. If any portion of the property is appropriated for a public use, the public uses are necessary and paramount pursuant to Code of Civil Procedure Sec. 1240.610, or alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or can be reasonably expected to exist in the future.
Facts: Yes, the property will be used for public purposes, including disbursement of effluent from the City’s Wastewater Treatment facility.
Fiscal Impact:
Acquisition of this property is included in the costs of the Project budget.
Conclusion:
If the City Council wishes to proceed with the project, then this Resolution should be adopted.
Attachments:
1) Resolution with Exhibits
6.D.1
Attachment: Staff Report Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
DECLARING THE NECESSITY TO COMMENCE EMINENT DOMAIN
PROCEEDINGS FOR THE ACQUISITION OF THE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF MILLUX AND TEJON
HIGHWAY, ARVIN, CALIFORNIA 93203, ASSESSOR’S PARCEL NO. 446-010-62.
WHEREAS after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the hearing on the date of the adoption of this Resolution, all of which are incorporated as if set forth herein, the City Council of the City of Arvin by vote of at least two-thirds of its members, FINDS, DETERMINES, DECLARES AND RESOLVES that:
a) The public interest, convenience and necessity require the proposed project, to wit:
Disposal of Wastewater Treatment Facility Effluent and all uses appurtenant thereto (“Project”); and
b) The interests in real property to be acquired are fee simple, which are described in Exhibit “A” and depicted on Exhibit “B” attached hereto and incorporated herein by this reference (“Property”). The Property is located within the City of Arvin, County of Kern, State of California.
c) The use of eminent domain to acquire the Property is authorized by California Government Code §37350.5;
d) The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and
e) The taking of the Property is necessary for the proposed project and such taking is authorized by Section 19, Article I of the California Constitution, Section 1230.010 et seq of the California Code of Civil Procedure, and other applicable law; and f) The offer to purchase required by California Government Code Sec. 7267.2 was made to the owners of the Property; and
g) The necessary notice of this Resolution has been given, as required by Code of Civil Procedure section 1245.235;
h) The City of Arvin has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property interests described herein; and
6.D.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.
i) The City of Arvin has fully complied with all provisions of the California Environmental Quality Act for the Project; and
WHEREAS the City Council hereby declares that it is its intention to acquire the Property in the name of the City of Arvin in accordance with the laws of the State of California governing condemnation proceedings; and
WHEREAS the City Council further finds that if any portion of the area of the Property has been appropriated to some public use, the public uses to which it is to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure Sec. 1240.610 or, alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future, pursuant to Code of Civil Procedure Sec. 1240.510;
NOW, THEREFORE, BE IT RESOLVED that the City Attorney is authorized and directed to prepare, institute and prosecute in the name of the City of Arvin such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property, including the filing of a motion for an Order of Possession prior to judgment.
BE IT FURTHER RESOLVED that this Resolution shall be effective immediately upon its adoption.
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6.D.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.
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 09th day of January 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
6.D.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.
EXHIBIT A
LEGAL DESCRIPTION
APN 446-010-62
PARCEL 4 OF LOT LINE ADJUSTMENT NO. 94-04, AS PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 15, 1994 AS DOCUMENT NO. 165115 OF OFFICIAL RECORDS, BEING THAT PORTION OF THE NORTH HALF OF SECTION 2, TOWNSHIP 32 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE
CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTH QUARTER CORNER OF SAID SECTION BEARS NORTH 89°50'46" WEST, 1350.00 FEET; THENCE ALONG SAID NORTH LINE, SOUTH 89°50'46" EAST, 1347.56 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE SOUTH 0°12'27" EAST ALONG THE EAST LINE OF SAID SECTION, 2579.47 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE NORTH 89°59'04" WEST, ALONG THE SOUTH LINE OF SAID SECTION; 1363.83 FEET; THENCE NORTH 0°09'14" EAST, 2582.71 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM AN UNDIVIDED 1/2 INTEREST IN ALL MINERALS, OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES WITHIN AND UNDERLYING SAID LAND, AS EXCEPTED BY DONNA KISELA, AS SUCCESSOR TRUSTEE OF THE CORA P. FRICK REVOCABLE TRUST AGREEMENT, DATED JULY 27, 1983, ET AL, IN DEED RECORDED JULY 10, 1991 IN BOOK 6542 PAGE 2119 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL REMAINING MINERALS, OIL, GAS AND OTHER HYDROCARBON
SUBSTANCES WITHIN OR UNDERLYING SAID LAND, AS EXCEPTED BY DONNA KISELA, AS SUCCESSOR TRUSTEE OF THE CORA P. FRICK REVOCABLE TRUST AGREEMENT, DATED JULY 10, 1983 IN DEED RECORDED JULY 10, 1991 IN BOOK 6542, PAGE 2135 OF OFFICIAL RECORDS.
ALL RIGHTS TO THE SURFACE DOWN TO A DEPTH OF 500 FEET OF SAID LAND, FOR THE PURPOSE OF
DRILLING, PRODUCING, EXTRACTING OR TAKING THE OIL, GAS, MINERALS OR OTHER HYDROCARBON
SUBSTANCES, EXCEPT AS TO CERTAIN DESIGNATED DRILL SITES TO BE DESCRIBED LATER, WERE WAIVED IN DOCUMENT RECORDED JULY 10, 1991 IN BOOK 6542 PAGE 2136 AND IN DOCUMENT RECORDED NOVEMBER 25, 1991 IN BOOK 6598, PAGE 1914, BOTH OF OFFICIAL RECORDS.
A WELL SITE EASEMENT FOR THE CONSTRUCTION, OPERATION, USE, INSTALLATION, SERVICE,
MAINTENANCE, REPAIR, REMOVAL AND/OR REPLACEMENT OF A WATER WELL ELECTRICAL TRANSMISSION LINES AND APPURTENANT EQUIPMENT, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 94-04, AS PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 15, 1994 AS DOCUMENT NO. 165115 OF OFFICIAL RECORDS, NOW KNOWN AS TRACT NO. 5607-UNIT "A", IN THE CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED FEBRUARY 5, 1999 IN BOOK 44, PAGES 152 AND 153 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS AN AREA RECTANGULAR IN CONFIGURATION, BEING THE NORTH 63 FEET OF SAID PARCEL 1, EXTENDING 75 FEET EAST AND WEST OF THE EXISTING WELL. THE WELL IS LOCATED 1,849.4 FEET WEST ALONG THE NORTH LINE OF SECTION 2, TOWNSHIP 32 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, FROM THE NORTHEAST CORNER THEREOF AND SOUTH 58.2 FEET AT RIGHT ANGLES THERETO, AS ALSO DEPICTED ON THE MAP OF SAID TRACT NO. 5607-UNIT "A''.
NON-EXCLUSIVE WATER PIPELINE EASEMENTS, TOGETHER WITH INGRESS AND EGRESS UPON, IN
AND ACROSS SAME, WHICH ARE APPURTENANT TO ABOVE DESCRIBED WATER WELL, AS DISCLOSED IN THAT CERTAIN WATER SHARING AGREEMENT RECORDED FEBRUARY 8, 1996 AS DOCUMENT NO. 0196017254 OF OFFICIAL RECORDS.
6.D.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.
ACCESS EASEMENTS FOR INGRESS AND EGRESS UPON PARCEL 1 OF LOT LINE ADJUSTMENT NO. 94- 04, AS PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 15, 1994 AS DOCUMENT NO. 165115
OF OFFICIAL RECORDS, TO AND FROM EACH OF THE ABOVE DESCRIBED WELL SITE EASEMENT AND WATER PIPELINE EASEMENTS, TO BE APPURTENANT TO AND FOR THE BENEFIT OF PARCELS 2, 3, 4 AND THE DESIGNATED REMAINDER OF SAID LOT LINE ADJUSTMENT NO. 94-04, AS DISCLOSED IN DEED RECORDED FEBRUARY 8, 1996 AS DOCUMENT NO. 0196017253 OF OFFICIAL RECORDS.
TOGETHER WITH A 30% INTEREST IN AND TO A WATER WELL DESCRIBED AS PARCEL 1 A AND PARCEL 1 B.
6.D.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446 -010-62.
EXHIBIT B
APN 446-010-62
6.D.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446 -010-62.
6.D.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446 -010-62.
6.D.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_010924 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446 -010-62.
6.D.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia
6.D.3
Attachment: Notice of Exemption CEQA Eminent Domain Environmental Clearance APN 446-010-62_CC Mtg 010923_Redacted (Declaring
6.D.3
Attachment: Notice of Exemption CEQA Eminent Domain Environmental Clearance APN 446-010-62_CC Mtg 010923_Redacted (Declaring
Staff Report – Assistance with records retention and destruction project.
CITY OF ARVIN
Staff Report
Meeting Date: January 09, 2024
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval to Extend Assignment with Robert Half Staffing for Assistance with Records Retention and Destruction Project.
BACKGROUND:
On December 13, 2022, the City Council adopted Records Destruction Policies and Procedures and Retention schedules. The City selected Gladwell Governmental Services, Inc., an expert in local government records, to implement a records management program. The purpose of the program is to apply efficient and economical methods to the creation, utilization, maintenance, retention, preservation and disposal of all records managed by the City. The retention periods are in compliance with all laws and are standard business practice for California cities.
City staff has completed the initial review and production of schedules. Additional and continuance work is needed to now implement the destruction process for records that have met their retention period. For some departments, this is a cumbersome and extremely timeconsuming task due to the current state of the records and/or the voluminous number of records.
Storage space in City facilities is very limited as shown in the attached photos. Some city departments have gathered a few records, verified with the corresponding retention schedule, scanned the records as required by law, and prepared destruction authorization forms that have been reviewed and approved by the City Manager and City Attorney. These records are ready to be destroyed, however this has made a very small dent in the storage areas.
Time is very limited as staff are overburdened with other tasks. Because storage, retention, and destruction of records is important, City staff are interested in moving this process along in a faster manner. Staff recommends extending the current assignment with Robert Half Staffing to provide temporary assistance with the process for retention or destruction of records. This person would be responsible for assisting staff with scanning documents according to retention schedules, sorting and grouping documents, moving record boxes as needed, labeling boxes for storage and/or those with documents that are ready for destruction. Without additional assistance, the retention and destruction process may be extremely slow and at times come to a halt.
STAFF RECOMMENDATION:
Staff recommends extending the current assignment with Robert Half Staffing to provide temporary assistance with the process for retention or destruction of the records.
6.E.1
Attachment: Staff Report Assistance for Records Retentions and Destruction Project_010924 (Assistance with Records Retention and Page
2 of 7
Staff Report– Assistance with records retention and destruction project.
FINANCIAL IMPACT:
Approximately $16,000 to be funded by the ARPA fund.
ATTACHMENTS:
Photos
6.E.1
Attachment: Staff Report Assistance for Records Retentions and Destruction Project_010924 (Assistance with Records Retention and Page
3 of 7
Staff Report– Assistance with records retention and destruction project.
6.E.1
Attachment: Staff Report Assistance for Records Retentions and Destruction Project_010924 (Assistance with Records Retention and Page
4 of 7
Staff Report– Assistance with records retention and destruction project.
6.E.1
Attachment: Staff Report Assistance for Records Retentions and Destruction Project_010924 (Assistance with Records Retention and Page
5 of 7
Staff Report– Assistance with records retention and destruction project.
6.E.1
Attachment: Staff Report Assistance for Records Retentions and Destruction Project_010924 (Assistance with Records Retention and Page
6 of 7
Staff Report– Assistance with records retention and destruction project.
6.E.1
Attachment: Staff Report Assistance for Records Retentions and Destruction Project_010924 (Assistance with Records Retention and Page
7 of 7
Staff Report– Assistance with records retention and destruction project.
6.E.1
Attachment: Staff Report Assistance for Records Retentions and Destruction Project_010924 (Assistance with Records Retention and
CITY OF ARVIN
Staff Report
Meeting Date: January 09, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE DISSOLVED ARVIN COMMUNITY
REDEVELOPMENT AGENCY, APPROVING AND ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE COVERING THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(l) AND (o).
BACKGROUND:
As part of the RDA wind down process, each successor agency is responsible for drafting a Recognized Obligations Payment Schedule (ROPS) delineating the enforceable obligations of the former RDA and their source of payment every year. ROPS are subject to the approval of the local oversight board.
In the past, the ROPS were presented every six months. The State of California has changed the reporting period to be an annual report. In compliance with this requirement, Staff has prepared ROPS 24-25 for the Period July 01, 2024 to June 30, 2025 which is due to the Department of Finance (DOF) by February 1, 2024. Attached is the ROPS that Staff is recommending for submittal. This list includes all obligations that have been identified and the amounts requested for payment in this cycle. Items are listed under the RPTTF column for Admin or Non Admin obligations. “RPTTF” stands for Redevelopment Property Tax Trust Fund. These are the revenues collected through the property taxes. These funds must be used first to meet debt obligations and any remaining obligations may be funded with the RPTTF.
The rows highlighted in red on the “Obligation Payment Schedule” are items that have been denied in previous ROPS requests. Staff has kept them on the ROPS schedule in order to keep them active and give the City an opportunity to revisit these requests in future submissions. The main item identified for payment during this cycle will be the funds to meet bond obligations for a principal and interest payment in March and September. In addition to the bond principal and interest payments, a modest amount for general maintenance expenditures for the properties currently owned by the Successor Agency is included on the ROPS schedule. The allowable amount for Administrative Costs is estimated to be $185,000 and will be included on this schedule. This amount is below the ‘minimum amount’ of $250,000 which is authorized per ROPS guidelines and State law. Staff has determined that $185,000 is sufficient to support all administrative costs of the Successor Agency. Administrative costs include staff time, appraisals of property owned by the Successor Agency, City Attorney expense, and other consultant costs.
7.A.1
Attachment: ROPS 24.25 SR (Approval of ROPS 24/25)
In prior years, and most recently in 2014, the total available RPTTF through property taxes was less than the amounts being requested on the ROPS. Should this situation happen during FY 24- 25, the obligations that cannot be funded in this cycle will be carried over into the next ROPS cycle, and the City will be asked to provide a short-term loan to the Successor Agency to cover the shortfall.
Once the ROPS is approved by the Successor Agency, it will be submitted to the Kern County Oversight Board for approval and then to the DOF, Kern County Auditor Controller and the State Controller’s Office for review and approval.
RECOMMENDATION:
Staff recommends that the Successor Agency Board approve the ROPS 24-25 for the period of July 01, 2024 to June 30, 2025 and authorize staff to submit this also to the Kern County Oversight Board for approval.
FISCAL IMPACT:
None. There is cost recovery for staff time which City staff spends on Successor Agency business. Such cost recovery is paid via an administrative allowance that the City requests on the ROPS.
7.A.1
Attachment: ROPS 24.25 SR (Approval of ROPS 24/25)
Reso Successor Agency Approving ROPS 07/01/24 – 06/30/25.
RESOLUTION NO. ______
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE DISSOLVED ARVIN COMMUNITY
REDEVELOPMENT AGENCY, APPROVING AND ADOPTING A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE COVERING THE
PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(l) AND (o).
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Arvin became the successor agency to the Arvin Community Redevelopment Agency ("Successor Agency"); and
WHEREAS, pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a separate legal entity from the City; and WHEREAS, pursuant to Health and Safety Code Section34l79(o), on July 1, 2018 a single oversight board, staffed by the county auditor-controller, was created to oversee the actions of all successor agencies within Kern County, including the Successor Agency to the Arvin Community Redevelopment Agency, and
WHEREAS, Health and Safety Code Section 34177(l) requires the Successor Agency to prepare a recognized obligation payment schedule ("ROPS"), by February 1st of each year, forward looking to the next fiscal year; and
WHEREAS, Health and Safety Code Section 34177(l)(2) requires the Successor Agency to submit the ROPS to the Successor Agency's oversight board for its approval, and upon such approval, the Successor Agency is required to submit a copy of the approved ROPS ("Approved ROPS") to the Kern County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and post the Approved ROPS on the Successor Agency's website; and
WHEREAS, Health and Safety Code Section 34177(o) requires that the Approved ROPS for the period July 1, 2024 through June 30, 2025 ("ROPS 24-25”) is required to be submitted to the Department of Finance, California State Controller and the Kern County Auditor Controller by February 1, 2024; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
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7.A.2
Attachment: ROPS 24.25 reso (Approval of ROPS 24/25)
Reso Successor Agency Approving ROPS 07/01/24 – 06/30/25.
NOW THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE FORMER ARVIN COMMUNITY REDEVELOPMENT AGENCY RESOLVES AS FOLLOWS:
Section l. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Approval of ROPS. The Successor Agency hereby approves and adopts the ROPS 24-25, covering the period July 1, 2024 through June 30, 2025, in substantially the form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section 34177.
Section 3. Transmittal of ROPS. The City Manager and Finance Director are hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the ROPS 24-25, including submitting the ROPS 24- 25 to the Successor Agency's oversight board for approval, and submission of the Approved ROPS to the Kern County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and posting the Approved ROPS on the Successor Agency's website.
Section 4. Effectiveness. This Resolution shall take effect immediately upon its adoption. //////
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7.A.2
Attachment: ROPS 24.25 reso (Approval of ROPS 24/25)
Reso Successor Agency Approving ROPS 07/01/24 – 06/30/25.
The foregoing resolution was passed and adopted by the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency at a regular meeting thereof held on the 09th day of January 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, Agency Secretary
BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE DISSOLVED ARVIN COMMUNITY
REDEVELOPMENT AGENCY
By:
OLIVIA TRUJILLO, Chair
APPROVED AS TO FORM:
By:
NATHAN HODGES, Successor Agency Counsel
Hodges Law Group
I, ______________________________, Secretary to the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency on the date and by the vote indicated herein.
7.A.2
Attachment: ROPS 24.25 reso (Approval of ROPS 24/25)
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Arvin
County: Kern
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 218,001 $ 489,251 $ 707,252 F RPTTF 218,001 489,251 707,252
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $ 218,001 $ 489,251 $ 707,252 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
7.A.3
Attachment: ROPS 24.25 printed (Approval of ROPS 24/25) Arvin
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$5,723,750 $707,252 $- $- $- $218,001 $- $218,001 $- $- $- $489,251 $- $489,251 11 Advance from
City
City/County
Loan (Prior
06/28/11),
Other
08/17/
1999
09/01/2038 City of
Arvin
Advance to
RDA to Fund
Initial Activity
City of
Arvin
- N $- - - - - - $- - - - - - $-
12 Note Payable
to City
City/County
Loan (Prior
06/28/11),
Other
09/01/
2003
09/01/2038 City of
Arvin
Advance to
RDA - Bond
Pay Off and
Construction
City of
Arvin
- N $- - - - - - $- - - - - - $-
17 Administrative
Services
Admin Costs 07/01/
2024
06/30/2025 City of
Arvin
Administrative
Service
City of
Arvin
185,000 N $185,000 - - - 92,500 - $92,500 - - - 92,500 - $92,500 46 Maintenance
of SA
properties to
prevent blight
Property
Maintenance
07/01/
2023
06/30/2027 City of
Arvin
contracted
services for
maintenance of
properties
(discing, etc)
11,550 N $11,550 - - - 11,550 - $11,550 - - - - - $-
47 Series 2019A
Tax Exempt
Tax Allocation
Refunding
Bonds
Refunding
Bonds
Issued After
6/27/12
09/01/
2019
09/01/2039 Wells
Fargo
Bank,
Trustee
Series 2019A
Tax Exempt Tax
Allocation
Refunding
Bonds
2,955,000 N $147,750 - - - 73,875 - $73,875 - - - 73,875 - $73,875 48 Series 2019B
Taxable Tax
Allocation
Refunding
Bonds
Refunding
Bonds
Issued After
6/27/12
09/01/
2019
03/01/2032 Wells
Fargo
Bank,
Trustee
Series 2019B
Taxable Tax
Allocation
Refunding
Bonds
2,565,000 N $355,752 - - - 32,876 - $32,876 - - - 322,876 - $322,876 49 Bond Trustee
Fees
Professional
Services
09/01/
2019
03/01/2032 Wells
Fargo
Bank
Trustee fees on
SA series
2019A and
2019B bonds
2,500 N $2,500 - - - 2,500 - $2,500 - - - - - $-
50 Short Term
Loan From
City
City/County
Loans After
6/27/11
02/01/
2014
06/30/2025 City of
Arvin
Balance of
short term loan
from City FY
14-15. Former
ROPS line 38
- N $- - - - - - $- - - - - - $-
51 Continuing
Disclosure
Report Fees
Professional
Services
07/01/
2021
06/30/2035 Urban
Futures
Inc.
Continuing
Disclosure
Report Fees
4,700 N $4,700 - - - 4,700 - $4,700 - - - - - $-
7.A.3
Attachment: ROPS 24.25 printed (Approval of ROPS 24/25) Arvin
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
248,753 Audited Statements cash 6/30/21 578,470
LESS: retained 188,335 (see line 4)
LESS:ROPS 22A received 5/11/21 141,382
============= nets to 248,753
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
621,498 5/11/21 ROPS 22A $141,382 12/27/21 ROPS
22B $480,566
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
615,947
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
188,535 Property sales due CAC : 1/21/17 98,224 + 6/
30/18 5,000 + 4/30/19 20,000 = 123,324
PLUS Short term repayment due City
approved ROPS 20-21 not transferred to City
Gen Fund $82,811 =======
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required 88,755
6 Ending Actual Available Cash Balance (06/30/22) $- $- $- $- $(22,986)
7.A.3
Attachment: ROPS 24.25 printed (Approval of ROPS 24/25) Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
7.A.3
Attachment: ROPS 24.25 printed (Approval of ROPS 24/25) Arvin
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
11 12
17 Amount requested is below statutory minimum of $250,000. The SA intends to market and sell surplus properties. The process is expensive as it involves the use of City staff, City Attorney and a Broker/ Consultant to monitor and sell the surplus properties. Extensive coordination is required with the State HCD throughout the process. Estimated budget: City Staff time $60,000. City Attorney time $50,000.
Broker/Consultant $50,000. Other city admin, overhead and other support costs $25,000. It should be noted that should the SA not expend the full amount requested that whatever is unspent at the end of the FY will be refunded via a Prior Period Adjustments (PPA) in a subsequent year. 46 two prior years = 10,500 per year. Increased this year by 10% so estimate is 11,550 47 Interest payments of $73,875.00 on 9/1/24 and 3/1/25 48 9/1/24 - Interest payment $38,376.25. 3/1/25 - Interest payment $38,376.25 + Principal payment $290,000
49 50
51 7.A.3
Attachment: ROPS 24.25 printed (Approval of ROPS 24/25) Staff Report Election of Vice Mayor 2024
CITY OF ARVIN
Staff Report
Meeting Date: January 09, 2024
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Election of Vice Mayor
BACKGROUND
At their meeting of March 14, 2006, the Mayor and Councilmembers of the Arvin City Council voted unanimously to adopt Resolution No. 06-07 that established a policy that provides for the annual rotation of the vice mayor chair.
The annual rotation policy of Resolution No. 06-07 for the vice mayor chair is set as follows:
1) At the first City Council meeting of each year, the City Council shall nominate, vote and elect the vice-mayor.
2) The elected vice-mayor shall serve until the end of his/her elected or appointed term or until the end of the one-year vice-mayor term, whichever event occurs first. 3) Nothing in Resolution No. 06-07 shall prevent a council member from nominating his or her own self; and
4) Nothing in Resolution No. 06-07 shall prevent a council member from serving as vicemayor for consecutive terms; and 5) The Mayor is prohibited from serving as the vice-mayor during his or her term as Mayor.
RECOMMENDATION
Staff recommends that the Council hold an election of vice mayor in accordance with the policy established by Resolution No. 06-07.
The following is a recommended election process however, the Council may use another method for nominating and electing a Vice Mayor.
1) The Mayor shall open nominations.
2) Either the Mayor or a Councilmember may move to nominate another Councilmember or with the exception of the Mayor, may nominate themselves. 3) Once a motion and a second is made to nominate a Councilmember, a roll call vote shall be taken.
8.A.1
Attachment: Staff Report Election of Vice Mayor_010924 (Election of Vice Mayor) Staff Report Election of Vice Mayor 2024
4) The nominated Councilmember shall obtain the seat of Vice Mayor if they receive a majority vote in favor (no less than 3, or a majority of those present). 5) If the nominated Councilmember does not obtain a majority vote, the Mayor shall re-open nominations and the nomination and voting process shall continue as listed above until a Councilmember is successful in obtaining a majority vote; thus obtaining the seat of Vice Mayor.
FINANCIAL IMPACT
None
ATTACHMENTS
Resolution No. 06-07
8.A.1
Attachment: Staff Report Election of Vice Mayor_010924 (Election of Vice Mayor)
8.A.2
Attachment: 06-07 Reso Annual Rotation of Vice Mayor Chair_031406 (Election of Vice Mayor)
FINANCE DIRECTOR FOR THE CITY OF ARVIN
TUESDAY, DECEMBER 12, 2023
CITY OF ARVIN
IMPACT FEES REPORT
Fiscal Year 2022-2023
PRESENTED BY
JEFF JONES
CITY MANAGER AND
10.A.1
Attachment: FY 2022-2023 Annual Impact Fees Report_010924 (FY 2022-2023 Annual Impact Fees Report) City of Arvin
For the Period: 07/01/2022-06/30/2023
Fund: 100 - GENERAL FUND
Dept: 014 POLICE DEPARTMENT
Public Safety Impact Fee:
Beginning Balance @ 7/01/2022 371.00
FND Receipt Type Customer Name Date Permit
Police Impact
Fee Credit Net Amount
14 841 POLICE IMP 336 COMBS AVE. 12/22/2022 BP 21-0133 $ 100.00 100.00 14 872 POLICE IMP 311 FRANKLIN ST. 12/22/2022 BP 21-0132 $ 100.00 100.00 14 1228 POLICE IMP 901 VARSITY AVE. BAKERSFIELD COLLEGE 02/06/2023 BP 23-0012 $ 10,850.00 10,850.00 14 1343 POLICE IMP 320 BEAR MOUNTAIN BLVD 03/09/2023 PW 23-0011 $ 87.50 87.50 14 1803 POLICE IMP 853 BEAR MOUNTAIN BLVD 05/02/2023 BP 22-0263 $ 35.00 35.00 POLICE DEPARTMENT IMPACT FEE REVENUE 371.00 11,172.50
Fund: 100 - GENERAL FUND
POLICE DEPARTMENT IMPACT FEE EXPENSES
Fund Inv # check number Expense Item Date GL # Expense Amount 100 000627 41757 HELMETS, SHIELDS, RIOT BAGS 3/8/2023 10-00-000-014-14-5040 11,998.00 POLICE DEPARTMENT IMPACT FEE EXPENSES 11,998.00
Ending Balance @ 6/30/2023 (454.50)
IMPACT FEES 2022-2023
GL Type
SAFETY EQUIPMENT
City officials have taken steps to make sure that developers in the city pay their share of the costs the city will have to bear for providing new infrastructure for the Police Department.
This fee is intended for a variety of uses to meet the Police Department needs to assure the department becomes safer and more efficient as the population grows. Items purchased may include tasers, new radios, critical maintenance items and safety supplies. Minimal fees received in Fiscal Year 2022-2023 as a result of prior year settlements with developers. This trend will likely continue into Fiscal Year 2023-2024 and beyond.
10.A.1
Attachment: FY 2022-2023 Annual Impact Fees Report_010924 (FY 2022-2023 Annual Impact Fees Report) City of Arvin
For the Period: 07/01/2022-06/30/2023
IMPACT FEES 2022-2023
Fund: 293 - PARK IMPACT FEES
4061 PARK IMPACT PROP 1B REVENUE
Park and Recreation Impact Fee:
Beginning Balance @ 7/01/2022: $ 65,641.30
FND Receipt Type Customer Name Date Permit
PARK IMPACT
FEES
Interest Income 525.13
293 37860 BUILD 2013 RAYO DE LA LUNA DR. 09/06/2022 BP22-0177 300.00 293 485 BUILD 1911 WALNUT DRIVE 11/01/2022 BP22-0227 300.00 293 503 BUILD 2013 WALNUT DRIVE 11/01/2022 BP22-0218 310.84 293 486 BUILD 1905 WALNUT DRIVE 11/01/2022 BP22-0228 300.00 293 479 BUILD 1935 WALNUT DRIVE 11/01/2022 BP22-0223 300.00 293 478 BUILD 1941 WALNUT DRIVE 11/01/2022 BP22-0222 300.00 293 484 BUILD 1917 WALNUT DRIVE 11/01/2022 BP22-0226 300.00 293 483 BUILD 1923 WALNUT DRIVE 11/01/2022 BP22-0225 303.82 293 480 BUILD 1929 WALNUT DRIVE 11/01/2022 BP22-0224 301.93 293 477 BUILD 1947 WALNUT DRIVE 11/01/2022 BP22-0221 300.00 293 475 BUILD 2007 WALNUT DRIVE 11/01/2022 BP22-0219 303.82 293 476 BUILD 2001 WALNUT DRIVE 11/01/2022 BP22-0220 301.93 293 476 BUILD 311 FRANKLIN ST 12/22/2022 BP21-0132 400.00 293 476 BUILD 336 COMBS AVE 12/22/2022 BP21-0133 400.00 293 1228 BUILD 901 VARSITY - KERN COMM COLLEGE 02/16/2023 BP23-0012 11,715.00 TOTAL PARK IMPACT FEES REVENUE FY 22-23 16,662.47
Expenses Incurred in Fiscal Year 2022-2023
1 Principal/Interest Walnut Street Extension note 10/31/22 and 05/01/23 $ 52,501.27 TOTAL PARK IMPACT FEES EXPENSES FY 22-23 $ (52,501.27)
NET FUND BALANCE, PARK IMPACT FEE ACCOUNT AS OF JUNE 30, 2023 29,802.50 The Park Impact Fee has traditionally been used to expand the existing parks for park maintenance. As the City grows with new development, new parks will need to be built to accommodate the increasing population. Due to a settlement with the previous owners of tract 5816 in 2008, the City agreed to limit Impact Fees for development in that area.
Expenses to this fund in Fiscal Year 2020-21 involved obtaining new maintenance equipment for City parks. This fund can also pay for additional maintenance equipment required to maintain existing parks in a good state of repair as a result of increased use due to population growth. Minimal fees received in Fiscal Year 2022-2023 as a result of prior year settlements with developers. This trend will likely continue into Fiscal Year 2023-2024 and beyond
10.A.1
Attachment: FY 2022-2023 Annual Impact Fees Report_010924 (FY 2022-2023 Annual Impact Fees Report) City of Arvin
For the Period: 07/01/2022-06/30/2023
IMPACT FEES 2022-2023
Fund: 421 - SEWER CONNECTION FEES
4034 SEWER CONNECTION FEE
Sewer Systems Impact Fee:
Beginning Balance @ 7/01/2022: 697,648.76
FND Receipt Type Customer Name Date Permit
SEWER
IMPACT FEES Credit Net Amount
421 38723 BUILD 2013 RAYO DE LA LUNA DR. 9/6/2023 BP 22-0177 2,000.00 2,000.00 421 841 BUILD 336 COMBS AVE. 12/22/2023 BP 21-0133 4,400.00 4,400.00 421 872 BUILD 311 FRANKLIN ST 12/22/2023 BP 21-0132 4,400.00 4,400.00 421 1228 BUILD 901 VARSITY -BAKERSFIELD COLLEGE 2/16/2023 BP 23-0012 71,400.00 71,400.00 421 1343 BUILD 320 BEAR MOUNTAIN BLVD. 3/9/2023 PW 23-11 25,080.00 25,080.00 421 1509 BUILD FRANKLIN ST 4/3/2023 BP 23-0141 4,400.00 4,400.00 421 1803 BUILD 853 BEAR MOUNTAIN BLVD. 5/2/2023 BP 22-0263 16,280.00 16,280.00 Interest Income 10,464.73 10,464.73
TOTAL SEWER SYSTEM IMPACT FEE REVENUE FY 22-23 127,960.00 10,464.73 138,424.73 Expense item in FY 22-23: Principal and Interest on Walnut Street Extension loan (Sewer fund portion) (81,971.92) NET FUND BALANCE, SEWER CONNECTION FEES AS OF JUNE 30, 2023 754,101.57 The Sewer fee was created to help with building new lines and repairing aging structure of the City's sewer system, which was built in the early 1920s. As new development continues in this City, maintenance is required and these fees help offset the cost. Current expenditures are for loan servicing the sewer cost portion of the Walnut Street Extension which was completed during FY 17-18.
Due to a settlement with the previous owners of tract 5816 in 2008, the City agreed to limit Impact Fees for development in that area. Due to this agreement K Hovnanian overpaid their impact fees and as such is owed a refund in the amount of $238,000 to be used as a credit in future development, which will decrease future City sewer connection fee revenue. This amount is included in the beginning balance.
10.A.1
Attachment: FY 2022-2023 Annual Impact Fees Report_010924 (FY 2022-2023 Annual Impact Fees Report) City of Arvin
For the Period: 07/01/2022-06/30/2023
IMPACT FEES 2022-2023
Fund: 291 - TRAFFIC IMPACT FEES
Dept: 091 TRAFFIC IMPACT FEES
Traffic Impact Fee:
Beginning Balance @ 7/01/2022 132,906.30
FND Receipt Type Customer Name Date Permit
TRAFFIC
IMPACT FEES Credit Net Amount
Interest Income 1,063.25 1,063.25
291 872 Bldg Permit 311 FRANKLIN ST. 12/22/2022 BP21-0132 460.00 460.00 291 841 Bldg Permit 336 COMBS AVE. 12/22/2022 BP21-0193 460.00 460.00 291 1228 Bldg Permit 901 VARSITY ST - KERN COMM COLLEGE 02/16/2023 BP23-0012 31,496.00 31,496.00 291 1343 Bldg Permit 320 BEAR MOUNTAIN BLVD. 03/09/2023 PW23-11 12,354.31 12,354.31 291 1471 Bldg Permit 1100 BEAR MOUNTAIN BLVD. 03/27/2023 APN 190-250-06 14,866.08 14,866.08 291 1509 Bldg Permit FRANKLIN ST 04/03/2023 BP23-0141 350.00 350.00 291 1803 Bldg Permit 853 BEAR MOUNTAIN BLVD, 05/02/2023 BP22-0263 14,401.55 14,401.55 TOTAL TRAFFIC IMPACT FEE REVENUE FY 22-23 74,387.94 1,063.25 75,451.19 Expense item in FY 22-23: Principal and Interest on Walnut Street Extension loan (Traffic Impact fee fund portion) (229,361.21) NET FUND BALANCE, TRAFFIC IMPACT FEES AS OF JUNE 30, 2023 (21,003.72) Traffic impact fees are used to ensure that the costs of transportation infrastructure and services necessary to support new development are not borne disproportionately by existing residents, businesses, and/or property-owners.
Furthermore, impact fees offer cities a revenue stream that can be used to fund a variety of transportation improvements which can help to offset transportation impacts. By law, these fees cannot go to a city’s general fund. It must be specifically allocated to traffic or transportation projects, such as roadway and intersection improvements, enhanced transit services, additional parking, new bicycle and pedestrian infrastructure or other transportation needs. These funds are being currently used for funding loan servicing costs related to the Walnut Street Extension near the Garden in The Sun Park which was completed in 2017.
Due to a settlement with the previous owners of tract 5816 in 2008, the City agreed to limit Impact Fees for development in that area. Due to this agreement K Hovnanian overpaid their impact fees and as such is owed a refund to be used as a credit in the amount of $238,000 towards future development, which will decrease City traffic impact fee revenue in future years and may in fact require General Fund contribution in FY 23-24 and beyond to sustain the fund.
10.A.1
Attachment: FY 2022-2023 Annual Impact Fees Report_010924 (FY 2022-2023 Annual Impact Fees Report) Arvin Community
Services District Fees
Arvin Union School
District Fees
Public Safety
Impact Fee
Parks and
Recreation
Impact Fee
Sewer Systems
Impact Fee Traffic Impact Fee
Water (contact
ACSD 661-854-
2127)
School (contact
AUSD 661-854-
6500)
Residential
single family dwelling $150/unit $2,500/unit $4,400/unit $3,943/unit $4,160/unit $6.57sq/ft duplex $100/unit $2,500/unit $4,400/unit $2,740/unit contact ACSD $6.57sq/ft triplex $100/unit $2,500/unit $3,960/unit $2,740/unit contact ACSD $6.57sq/ft 4-plex or larger $100/unit $2,500/unit $3,960/unit $2,740/unit contact ACSD $6.57sq/ft motels and hotels $350/acre $1,320/unit $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft convalescent hospitals $350/acre $1,320/bed $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft rest/nursing homes $350/acre $1,320/bed $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft Commercial
small retail shops/offices $350/acre $4,400/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft laundries/dry cleaners $350/acre $2,112/machine $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft medical/dental offices $350/acre $11,000/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft supermarkets $350/acre $158,400/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft grocery stores $350/acre $16,280/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft restaurants(less than 35 seats) $350/acre $17,160/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft restaurants (35 seats or larger) $350/acre $25,080/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft bars/taverns/lounges $350/acre $15,840/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft car washes $350/acre $7,700/stall $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft service stations $350/acre $6,160/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft auto repair shops $350/acre $6,160/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft mortuaries and kennels $350/acre $6,600/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft recreational uses $350/acre $17,600/facility $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft Quasi-Public/Public
churches $350/acre $4,840/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft schools $350/acre $136/student $7,874/1000 sq. ft. contact ACSD EXEMPT Industry*
food processing $350/acre $25,080/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft light manufacturing uses $350/acre $4,400/bldg. $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft Public/Private Users not listed
Use with 14 Employees or Less $350/acre $4,400/use $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft Use with 15 Employees or More $350/acre $4,400/use $2,200 per Employee $7,874/1000 sq. ft. contact ACSD $0.55 sq/ft 2022-2023 Development Fees
Type of Land Use
City of Arvin Impact Fees
10.A.1
Attachment: FY 2022-2023 Annual Impact Fees Report_010924 (FY 2022-2023 Annual Impact Fees Report) America Rescue Plan Budget - $5,227,224
prepared 7/13/21 by J. Jonesexpenses updated to 12/30/23 Budget Re-allocate Spent to date Committed Remaining Pay down Fire Contract to FY 22 level in FY 23-24-25 $622,000 - 270,873 351,127 -Streets and Roads (or equipment) $1,500,000 (28,000) 142,750 - 1,329,250Park + Vet's Hall improvements and Repairs $1,100,000 557,691 542,309Police/City Hall/Comm Dev refurbish $200,000 229,215 28,000 - (1,215)Employee Retention Plan $800,000 558,512 241,488 -Wastewater Treatment Plant $505,224 (258,000) - - 247,224 Partial funding - 9 PD vehicles $0 258,000 258,000 -Economic Development $500,000 15,000 137,741 347,259Total $5,227,224 $0 $1,564,376 $1,182,639 $2,480,209
10.B.1
Attachment: 12-31-23 ARPA update (ARPA Spending Update - December 31, 2023) Economic Development - $137.741 spent to date
Engineering 30,571 $ Grant Support 16,850 $ Planning 90,321 $ Employee related - $241,488 spent to date
Employee Retention 179,764 $ Canine Program 61,724 $
Fire Contract - $270,873 spent to date
Kern County Fire Contract 270,873 $
Parks/Facilities - $542,309 spent to date
Di Giorgio 185,375 $ Smothermon 84,669 $ Spray Park 56,953 $ Adobe 47,859 $ General - all parks 45,528 $ Veterans Hall 36,220 $ Bear Mtn Blvd Trees 25,550 $ Equipment 22,674 $ City Hall Trees 14,550 $ Felicita 9,392 $ Garden In The Sun 7,229 $ Kov Park 6,310 $
10.B.1
Attachment: 12-31-23 ARPA update (ARPA Spending Update - December 31, 2023) Police Department Restoration - $229,215 spent to date
Police Department 229,215 $
Streets and Roads - $142,750 spent to date
Replacement Street Sweeper 118,768 $ Barriers 15,372 $ Repairs 8,610 $
10.B.1
Attachment: 12-31-23 ARPA update (ARPA Spending Update - December 31, 2023)