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
7.C.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_021324 (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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7.C.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_021324 (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 13th day of February 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.
7.C.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_021324 (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.
7.C.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_021324 (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.
7.C.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_021324 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446 -010-62.
EXHIBIT B
APN 446-010-62
7.C.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_021324 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446 -010-62.
7.C.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_021324 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446 -010-62.
7.C.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_021324 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446 -010-62.
7.C.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia
7.C.3
Attachment: Notice of Exemption CEQA Eminent Domain Environmental Clearance APN 446-010-62_CC Mtg 021324_Redacted (Declaring
7.C.3
Attachment: Notice of Exemption CEQA Eminent Domain Environmental Clearance APN 446-010-62_CC Mtg 021324_Redacted (Declaring
CITY OF ARVIN
Staff Report
Meeting Date: February 13, 2024
TO: Arvin City Council
FROM: Megan Miller, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Consideration and Approval of the Service Employees International Union Local 521 “SEIU” Side Letter 2.24
BACKGROUND:
The City of Arvin/ administration have been in negotiations with the Service Employees International Union (SEIU) for a mid-contract wage increase beginning in May of 2023. On October 24, 2023, the City Council established the Employee Retention Ad Hoc Committee to afford further discussion with the city negotiating team. On our about, the 6th day of November, the Employee Retention Ad Hoc Committee provided the negotiation team with direction on solutions to best suit the needs of the city and the impacted employees within the SEIU. Both parties engaged in active negotiations and mutually agreed to several items.
Attached is a side letter agreement that has been drafted to articulate the agreement made for a technology stipend (12 months in duration), master’s degree Stipend (ongoing), Catastrophic Leave and classification modifications.
The city’s administration feels providing the stipend for retention and employee morale throughout this transitional period is invaluable. The agreement will be effective January 1, 2024, in a retroactive fashion upon council ratification.
All the aforementioned terms are detailed in the side letter agreement.
STAFF RECOMMENDATION:
The recommendation to approve the side letter between the City of Arvin and the SEIU.
FINANCIAL IMPACT:
Technology Stipend
The $400 per employee retention payment, per month (total cost $33,600 for 12-month term) is budgeted and funded via a portion of American Rescue Plan Act funds that were designated in 2021 by the City Council for use and support of employee salaries, benefits, and support tools.
Master’s Degree Stipend
Currently we have only one employee in the SEIU that is eligible currently, to our knowledge. With that, it will be $50.00 per employee, per month (total cost $600 per year).
ATTACHMENTS:
SEIU Side Letter 2.24
Catastrophic Leave Policy
7.D.1
Attachment: seiu side letter staff report 2.24 (Approval of the Service Employees International Union Local 521 “SEIU” Side Letter 2.2) Side Letter Between
The City of Arvin, ("CITY") and
Service Employees International Union Local 521, ("SEIU") Attachments:
Attachment 1- Voluntary Catastrophic Leave Policy
The City and SEIU started negotiating regarding a mid-term negotiation in quarter two of 2023 under the necessity for retention. On October 24, 2023, the City Council established the Employee Retention Ad Hoc Committee to afford further discussion with the city negotiating team. On our about, the 6 th day of
November, the Employee Retention Ad Hoc Committee provided the negotiation team with direction on solutions to best suit the needs of the city and the impacted employees. The negotiating teams for both the city and SEIU met and conferred and entered a preliminary agreement as detailed within. The parties share a mutual interest in not delaying the implementation of the below changes. Accordingly, the parties agree to the following:
TECHNOLOGY STIPEND - Following SEIU approval and City Council adoption of this side letter. The included classifications are as follow: employees in the Police Dispatch, Police Dispatch & Records Supervisor, Police Community Service Officer, Police Chief Admin, within the bargaining unit, shall be provided with a $400.00 per month technology stipend adjustment. This stipend is to compensate employees in the aforementioned classifications for the additional duties associated with the technological advancements in the department. The advancement technology affords many public safety and officer safety and transparency advancements. Effective the first full pay period of January 2024 and will persist for twelve (12) months, the final stipend will be paid the first pay period of January 2025. It is mutually agreed and understood this is not a CalPERS contributable stipend.
MASTERS DEGREE STIPEND - Employees in the bargaining unit with from an accredited institution of higher education as determined by nationally recognized accrediting agencies that the federal Secretary of Education determines to be reliable authorities as to the quality of education or training provided by the institutions of higher education and the higher education programs they accredit shall receive an additional $50.00 per month base pay. This stipend will be in addition to the bachelor’s degree stipend of $50.00 per month, resulting in a $100.00 per month education stipend in total. Payment of this education incentive to the represented employees shall become effective on the first date of the first payroll following the date the employee provides copy of their Degree to the City Manager CATASTROPHIC LEAVE POLICY - Employees in the bargaining unit who are suffering from a catastrophic illness or injury themselves, or member of their immediate family as defined within the policy definitions, or adversely affected by a major disaster. The policy is intended to be a benefit and help a member of our team and is on a voluntary basis only. (See Attachment 1 for policy detail.) CLASSIFICATION MODIFICATIONS – A thorough review of the aforementioned classifications to ensure the job description detail properly defines all duties modified with the technology advancements and removal of antiquated verbiage. Review commences within two weeks of the agreement’s execution.
It is agreed that the SEIU representative will lead this discussion to assist in any discrepancies between the members across classifications.
7.D.2
Attachment: SEIU Sideletter 2.24 (Approval of the Service Employees International Union Local 521 “SEIU” Side Letter 2.2) Side Letter Between
The City of Arvin, ("CITY") and
Service Employees International Union Local 521, ("SEIU") Attachments:
Attachment 1- Voluntary Catastrophic Leave Policy
_________________________________________________________________________________ IT IS SO AGREED:
______________________________ _____________
SEIU Representative Date
______________________________ _____________
City Manager Date
______________________________ _____________
Employee Representative Date
7.D.2
Attachment: SEIU Sideletter 2.24 (Approval of the Service Employees International Union Local 521 “SEIU” Side Letter 2.2)
CITY OF ARVIN
VOLUNTARY CATASTROPHIC LEAVE POLICY
AND LEAVE DONATION PROGRAM
A. Purpose: The purpose of this Policy is to establish a program and procedures for employees to donate a portion of their accumulated paid leave time to a Catastrophic Leave Donation Bank (“Bank”) to assist fellow employees who have exhausted their paid leave entitlements, and who are (1) suffering from a catastrophic illness or injury, or (2) adversely affected by a major disaster. Participation by employees in the Catastrophic Leave Donation Program is entirely voluntary.
B. Definitions:
1. Immediate Family: The employee’s spouse; natural, step, or legal children; parent, including parents-in-law; brother or sister; grandparents; grandchild; domestic partners; natural, step, or legal children of domestic partners; and any relative by blood residing in the employee’s primary residence.
2. Medical Emergency: A medical condition of the employee or a member of the employee’s immediate family, as defined herein, that will require the prolonged absence of the employee from duty.
3. Major Disaster: An event that is declared a “major disaster” by the President of the United States under 42 U.S.C. § 5170, that warrants individual assistance or individual and public assistance from the federal government, that (1) adversely affects an employee or a member of the employee’s immediate family, as defined herein, and (2) requires the prolonged absence of the employee from duty.
C. Eligibility of Employee to Receive Leave Due to a Medical Emergency: To be eligible to receive donations from the Bank because of a medical emergency, an employee must meet all the following conditions:
1. Must be an employee who is eligible to accrue paid leave; and,
2. Must submit a confidential statement from his/her treating physician which indicates that the employee’s absence is due to the employee’s own, or member of their immediate family as defined above for a “serious health condition” as defined in the Federal Family and Medical Leave Act and the California Family Rights Act. The statement must also estimate the duration of the employee’s absence from work; and,
3. Must have applied for long-term disability insurance, if any, or for Workers’ Compensation benefits, if eligible, and have authorized the City to coordinate any such awarded benefits with available leave balances; and,
4. Must have exhausted all earned leave balances (including sick, vacation, compensatory time, and administrative/management leave). However, the employee may submit a request for assistance to the City Manager when existing
7.D.3
Attachment: City of Arvin Catastrophic Leave Policy_DRAFT (Approval of the Service Employees International Union Local 521 “SEIU” Side leave balances indicate that all such balances will be exhausted within the next two pay periods.
5. The recipient employee shall first use bereavement leave as stipulated in the memorandum of understanding, agreement, and/or any other policy applicable to the recipient employee, when a death to a family member occurs.
D. Eligibility of Employee to Receive Leave Due to a Major Disaster: To be eligible to receive donations from the Bank because of a major disaster, an employee must meet all the following conditions:
1. Must be an employee who is eligible to accrue paid leave; and,
2. Must submit a confidential statement explaining what major disaster has affected the employee and how the employee was affected. The statement must also estimate the duration of the employee’s absence from work; and,
3. Must have applied for any relevant financial assistance program(s) that are established to assist the victims of said major disaster; and,
4. Must provide any additional documentation requested by the City Manager establishing the effect the major disaster had on the employee; and,
5. Must have exhausted all earned leave balances (including sick, vacation, compensatory time, and administrative/management leave). However, the employee may submit a request for assistance to the City Manager when existing leave balances indicate that all such balances will be exhausted within the next two pay periods.
6. The recipient employee shall first use bereavement leave as stipulated in the memorandum of understanding, agreement, and/or any other policy applicable to the recipient employee, when a death to a family member occurs.
E. Catastrophic Leave Donation Bank Guidelines:
1. Timing of Donations: Employees may donate leave to the Bank at any time, subject to certain restrictions set forth in this Policy.
2. Prohibition of Specific Donations: Leave donations will be credited to the Bank and cannot be designated to a specific individual employee.
3. Types of Leave Eligible for Donation: Employees may donate leave from their vacation, compensatory and administrative leave banks.
4. Minimum Donations: Employees may donate a minimum of one hour from each of his/her accumulated paid leave banks. No donation from an employee will be permitted that would result in the donor’s separate banks, immediately after the donation, being below one hundred and sixty (160) hours of accumulated leave.
7.D.3
Attachment: City of Arvin Catastrophic Leave Policy_DRAFT (Approval of the Service Employees International Union Local 521 “SEIU” Side
5. Whole Hour Donations: Leave donations must be in whole hours. No fractions of hours may be donated.
6. Crediting of Donated Leave: Leave donations will be credited to a recipient’s Catastrophic Leave Donation Bank based on an hour for hour donations.
7. Accrual of Leave by Recipient: While using leave from the recipient’s Bank, the recipient will be treated as though he/she was merely using the recipient’s own paid leave. Thus, in accordance with current City policy, the recipient will accrue additional vacation or sick leave, as usual, during the use of hours from the Bank.
Any paid leave accrued by the employee while he/she is receiving leave from the Bank will be coordinated by the City.
8. Tax Consequences:
a. Donor: An employee who donates leave to the Bank may not claim the donation as an expense, charitable contribution, or loss deduction on his/her taxes. The donated leave will not be included in the donor employee’s wages.
b. Recipient: The donated hours used by the recipient are taxable to him/her in accordance with Internal Revenue Service regulations and are subject to withholdings as required by law. Recipient employee shall receive only their regular, straight time, base rate of pay and be taxed normal payroll deductions for any payments received from the Voluntary Catastrophic Leave Program. No additional benefits will be paid during this duration (i.e.: longevity, bilingual, education, etc.)
F. Responsibilities Under the Policy: The development and use of the Bank carries with it a shared responsibility between City's management and individual employees desiring to participate in the program. The respective responsibilities are set forth below:
1. The Requesting Employee: The requesting employee will prepare and submit to the City Manager a “Request to Receive Catastrophic Leave Donations” form.
Additionally, in the case of a medical emergency, the requesting employee should submit a “Certification of Physician or Practitioner” form to the City Manager in a sealed envelope labeled “Confidential.”
2. The Program Committee: The City Manager will serve as the administrator of the Bank, along with one representative of each union. The City Manager and all Department Heads, Managers, Supervisors including Human Resources, Finance, Payroll, and all other employees who obtain information or documentation related to this policy shall maintain all information confidentially. Medical information will be treated in a manner consistent with the California Confidentiality of Medical Information Act, the Federal Family and Medical Leave Act and the California Family Rights Act. The City Manager will approve or deny the request to receive catastrophic leave in writing. If the request is denied, the employee will be notified of the reasons for the denial. The approval of a request does not
7.D.3
Attachment: City of Arvin Catastrophic Leave Policy_DRAFT (Approval of the Service Employees International Union Local 521 “SEIU” Side guarantee that catastrophic leave will be available to the employee, as the amount of leave is dependent on employee donations.
3. Multiple Requests: In the event that multiple employees are simultaneously approved to receive catastrophic leave, the City Manager will equitably distribute catastrophic leave among the employees.
4. The Donating Employee: A donating employee will prepare and submit to the City Manager a “Request to Donate to Catastrophic Leave Donation Bank” form.
Should the donating employee be terminated or leave employment with the City of Arvin, any remaining balance will not be returned to the donating employee and all donated hours shall remain in the donation leave bank for future use by qualified recipient employees as approved by the City Manager.
5. The Finance Department: The Finance Department will make the appropriate payroll and leave balance adjustments for both the recipient and any donors. The Finance Department will coordinate the usage of hours from the Catastrophic Leave Donation Bank and the integration of any other benefits therewith, if applicable.
6. Additional Rules or Requirements:
a. The Application for Voluntary Catastrophic Leave must be approved by the City Manager before recipient employee receives benefits under the Voluntary Catastrophic Leave Policy.
b. Recipient employee cannot receive combined payments from the Catastrophic Leave Donation and Workers’ Compensation, State Disability Insurance, or any other source of income attributed to earnings that exceed their gross bi-weekly salary.
c. The City Manager or Human Resources Office will advertise to all departments requesting donations to the catastrophic leave bank and will re-advertise as needed.
7.D.3
Attachment: City of Arvin Catastrophic Leave Policy_DRAFT (Approval of the Service Employees International Union Local 521 “SEIU” Side
CITY OF ARVIN
VOLUNTARY CATASTROPHIC LEAVE DONATION FORM
TO: Administrative Committee
I understand that I may only donate the following types of accrued leave: vacation, compensatory, personal business day, or administrative leave. I further understand that I may only donate in increments of one (1) hour or more and that I cannot donate leave which would cause my total accrued leave balance to fall below 160 hours.
Donations of leave hours will be credited to recipient(s) in accordance with the Catastrophic Leave Policy. All hours donated shall remain in the donation leave bank until such use of the donated hours are needed by recipient employee(s) and approved by the Administrative Committee. Should the employee donating the hours be terminated or leave employment with the City of Arvin, any remaining balance will not be returned to the employee who donated and shall remain in the donation leave bank. The recipient employee shall first use bereavement leave as stipulated in the memorandum of understanding agreement, and/or any other policy applicable to the recipient employee, when a death to a family member occurs.
Donor Name (please print) Donor’s Department
Indicate the type of leave you are donating and the number of hours you are donating below. Minimum donation of one (1) hour of either vacation, administrative or compensatory leave is required. [__] Vacation Number of Hours: [__] Compensatory Leave Number of Hours [__] Admin Leave Number of Hours [__] Personal Business Day Number of Hours I am voluntarily donating the indicated accrued time to the donation leave bank. My signature below constitutes my authorization to deduct the above time from my accrued leave and credit them to the donation leave bank. I agree and accept all terms and conditions as stated in the Voluntary Catastrophic Leave Policy & Leave Donation Program. I understand that should I be terminated or leave my employment with the City of Arvin; any donated hours will not be returned to me and shall remain in the donation leave bank. I confirm that my remaining accrued leave balance after deduction of the above stated hours, is no less than one hundred and sixty (160) total accrued hours.
Signed: Date:
Employee (Donor)
PLEASE RETURN THIS FORM TO THE CITY MANAGER
IN A SEALED ENVELOPE MARKED “CONFIDENTIAL”.
DO NOT WRITE IN THIS SECTION – CITY MANAGER APPROVAL AND PAYROLL VERIFICATION Administrative Committee:
( ) Approved ( ) Denied and reason: ___________________________________________________________ _____________________________________________________________________________________________ Signature - City Manager Date
Signature – SEIU Representative Date
Signature – APOA Representative Date
Total Hours of Current Accrued Leave: Total Number of Hours Donated:
Total Accrued Leave Balance: Total Hours to Catastrophic Leave Bank:
7.D.3
Attachment: City of Arvin Catastrophic Leave Policy_DRAFT (Approval of the Service Employees International Union Local 521 “SEIU” Side
7.D.3
Attachment: City of Arvin Catastrophic Leave Policy_DRAFT (Approval of the Service Employees International Union Local 521 “SEIU” Side
CITY OF ARVIN
APPLICATION FOR VOLUNTARY CATASTROPHIC LEAVE
(Page 1 of 2)
Employee Name: ________________________
Please accept this application for the Catastrophic Leave provision as listed in the City of Arvin’s Voluntary Catastrophic Leave Policy. I understand in order to qualify as a recipient, I must meet all of the following criteria:
1. I have, or will have, exhausted all of my accrued composite leave and prior vacation leave, compensatory time (CTO), personal business day hours, and am eligible for approved leave without pay beginning _______________________.
[DATE]
2. I believe that my circumstances qualify as a long-term illness or injury of self or immediate family member as defined in the Voluntary Catastrophic Leave Policy.
3. I have attached a medical statement signed by a physician, and/or other documents to verify the long-term illness or injury of self or immediate family for which the employee is the primary caregiver as certified by the attending physician. The attached document also includes the approximate duration of illness or injury.
Immediate family as used herein includes only employee’s spouse; natural, step, or legal children; parent, including parents-in-law; brother or sister; grandparents; grandchild; domestic partners; natural, step, or legal children of domestic partners; and any relative by blood residing in the employee’s primary residence.
4. I understand this application must be approved by the City Manager before I receive benefits under the Voluntary Catastrophic Leave Policy.
5. I understand upon approval and receipt of the Catastrophic Leave payments, I am eligible to receive only my normal rate of pay and be taxed normal payroll deductions for any payments received from the Voluntary Catastrophic Leave Program. I understand I must prepay the employee cost of the health premium each month, as applicable.
6. I understand I cannot receive combined payments from the Catastrophic Leave Donation and Workers’ Compensation, State Disability Insurance, or any other source of income attributed to earnings that exceed my gross bi-weekly salary.
7. I understand the City Manager or Human Resources Office will advertise to all departments requesting donations to the catastrophic leave bank and will re-advertise as needed.
8. I understand even though I may be eligible to receive donated leave, donated time may not be sufficient to meet any or all of my needs.
7.D.3
Attachment: City of Arvin Catastrophic Leave Policy_DRAFT (Approval of the Service Employees International Union Local 521 “SEIU” Side
CITY OF ARVIN
CATASTROPHIC LEAVE RECIPIENT APPLICATION
(Page 2 of 2)
Information for release: __________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ ( ) Medical Documentation Attached
I have received, read, and understood the Voluntary Catastrophic Leave Policy and in the event, I am determined to be eligible as a recipient, I agree to the release of the above information for leave donations and all other terms of the policy.
Employee Signature Date
Print Name Department
Telephone Number Personal Email Address
********************************************************************************************* Administrative Committee
( ) Approved ( ) Denied and reason:
_____________________________________________________________________________________________ _____________________________________________________________________________________________ Signature - City Manager Date
Signature – SEIU Representative Date
Signature – APOA Representative Date
********************************************************************************************
PLEASE RETURN THIS FORM TO THE CITY MANAGER
IN A SEALED ENVELOPE MARKED “CONFIDENTIAL”.
7.D.3
Attachment: City of Arvin Catastrophic Leave Policy_DRAFT (Approval of the Service Employees International Union Local 521 “SEIU” Side
Staff Report re Amend No. 2 to Agmt No. 2022-29 with QK for Construction Mgmt for K. Park Field of Dreams Project.
CITY OF ARVIN
Staff Report
Meeting Date: February 13, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Amendment No. 2 to Agreement No. 2022-29 Professional Consultant Services between City of Arvin and QK to Include Construction Management and Construction Staking Services for the Kovacevich Park “Field of Dreams and Baseball Teams” Project.
BACKGROUND:
On February 16, 2023, the City entered into a contract with QK for Development of Concept Plans, Construction Plans, and Bid Documents for the Kovacevich Park “Field of Dreams and Baseball Teams” Project. On October 18, 2023, the City entered into Amendment No. 1 to the contract with QK for additional landscape architecture support for the project.
Kovacevich Park is an existing city park providing baseball facilities. The City is undertaking a rehabilitation of the facilities at the park, and QK has been developing the construction documents to identify the scope of rehabilitation.
The expected construction phase will be 120 calendar days. As we approach the bid phase of the work, the City has requested construction phase services including construction project management services (Owner’s agent during construction) and construction staking services (professional land surveying).
STAFF RECOMMENDATION:
Staff recommends approval of Amendment No. 2 to Agreement No. 2022-29 Professional Consultant Services between City of Arvin and QK to include construction management and construction staking services for the Kovacevich Park “Field of Dreams and Baseball Teams” Project.
FINANCIAL IMPACT:
Approximately $136,450 from Prop 62 Kovacevich Park fund.
ATTACHMENTS:
Amendment No. 2 to Agreement No. 2022-29
7.E.1
Attachment: Staff Report Amend No. 2 to Agmt 2022-29 QK Construction Mgmt for K Park Field of Dreams_021324 (Amend No. 2 - QK for AGREEMENT NO. _________
AMENDMENT NO. 2 TO – AGREEMENT NO. 2022-29
AGREEMENT FOR THE DEVELOPMENT OF CONCEPT PLANS, CONSTRUCTION PLANS, AND BID DOCUMENTS FOR THE KOVACEVICH PARK “FIELD OF DREAMS AND BASEBALL TEAMS” PROJECT
PROFESSIONAL CONSULTANT SERVICES
BETWEEN
CITY OF ARVIN, CALIFORNIA,
AND
QUAD KNOPF, INC. dba QK
THIS AMENDMENT to the Agreement between the City of Arvin (hereafter “Client”) and Quad Knopf, Inc. dba QK (hereafter “Consultant”) is made this _____ day of ________________, 2024:
WHEREAS, on February 16, 2023, Client and Consultant entered into a contract whereby Consultant would provide the following services: Development of Concept Plans, Construction Plans, and Bid Documents for the Kovacevich Park “Field of Dreams and Baseball Teams” Project located in the City of Arvin, California, (hereafter “Project”); and WHEREAS, on October 18, 2023, Client authorized Amendment No. 1 for Consultant to provide additional Landscape Architecture support for the Project; and WHEREAS, Client has requested Consultant to provide Construction Management and Construction Staking services for the Project as described in the attached proposal dated January 31, 2024.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows:
1. That the original Contract is hereby amended to include the scope of services described in the attached proposal dated January 31, 2024.
2. The services described herein will be provided for an estimated fee of $136,450.00, to be billed on a time and materials (T&M) basis per the attached charge rate schedule.
EXCEPT as specifically modified above, all of the remaining terms and conditions of the Agreement between the City of Arvin and Quad Knopf, Inc. dba QK dated February 16, 2023, shall remain and continue in full force and effect.
QUAD KNOPF, INC. dba QK CITY OF ARVIN
By: By:
Amber Aguayo Name: Jeff Jones
CFO/COO Title: City Manager
7.E.2
Attachment: Amend No. 2 to Agmt 2022-29 QK Construction Mgmt for K Park Field of Dreams_021324 (Amend No. 2 - QK for Construction January 31, 2024
Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Proposal for Construction Management and Staking Services – Kovacevich Park Improvements Project (QK Project 230050)
Dear Mr. Jones:
Thank you for the opportunity to provide this proposal for Construction Management and Construction Staking services to the City of Arvin (City). QK has been developing the construction documents for the City for the Kovacevich Park Field of Dreams and Baseball Teams Project (Project). Having worked with the City on previously successful park projects, we look forward to working with City staff again on this park rehabilitation in Arvin. The following includes our project understanding, approach, and proposed schedule and fees for your review and consideration.
BACKGROUND/PROJECT UNDERSTANDING
Kovacevich Park is an existing city park providing baseball facilities. The City is undertaking a rehabilitation of the facilities at the park, and QK has been developing the construction documents to identify the scope of rehabilitation.
The expected construction phase will be 120 calendar days. As we approach the bid phase of the work, the City has requested construction phase services including construction project management services (Owner’s agent during construction) and construction staking services (professional land surveying).
The City has funded the project through the City’s 2022 California Department of Parks and Recreation 2018 Parks Bond and is not subject to federal funding requirements. QK is currently under contract to assist the City with the bidding process. The City will have bid and awarded the construction contract prior to the commencement of the services described herein.
APPROACH/SCOPE OF SERVICES
TASK 1.0 PRECONSTRUCTION SERVICES
Work performed under this task will include:
Team orientation to the project design, scope deliverables, budget, and roles and responsibilities. Review of the contractor’s preconstruction submittals, expected to include, at a minimum: project baseline schedule, safety program, notice to the San Joaquin Valley Air Pollution Control District (SJVAPCD), Stormwater Pollution Prevention Plan (SWPPP), Coordinate SMARTS input between the Contractor and the City,and other pertinent documents.
Conduct a field survey of existing preconstruction conditions with photographic/video evidence of conditions.
Chair and produce meeting minutes for the preconstruction meeting on MS Teams with the contractor, City, and QK representatives.
Issue the contractor a Notice to Proceed.
7.E.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Jeff Jones, City of Arvin Page 2 of 5
January 31, 2024
Deliverables:
Preconstruction meeting minutes
Reviewed preconstruction submittals
Written Notice to Proceed issued to the contractor
TASK 2.0 CONSTRUCTION PROJECT MANAGEMENT SERVICES
Work performed under this task will include providing Resident Engineering services as follows:
Attend, chair, and provide project meeting minutes. We expect to conduct nine (6) tri-weekly progress meetings with the contractor, City, and QK. Project progress meetings will be conducted on MS Teams or other video conferencing/collaboration software.
Receive, process, and forward contractor materials submittals to the design team for review. This proposal assumes 20 submittals for this project.
Receive, process, and forward contractor requests for information (RFIs) to the design team for response.
This proposal assumes 20 RFIs for this project.
Receive, evaluate, and recommend progress payment requests submitted by the contractor. This proposal assumes four (4) progress payments requested from the contractor. Receive, evaluate, and respond to contract change issues. Issue change orders monthly. This proposal assumes four (4) change orders on the project.
Deliverables:
Meeting minutes
Reviewed project submittals (up to twenty (20))
RFI responses (up to twenty (20))
Progress payment recommendations (up to four (4))
Change Order documentation (up to four (4))
TASK 3.0 FIELD SERVICES
Work performed under this task will include:
Provide part-time field observation of contractor’s work to verify contractor’s general compliance with the project design. We anticipate 17 weeks of construction in the field and have programmed for one (1) trip per week at approximately five (5) hours per trip, including travel time. QK will provide daily observation reports that will include:
o Weather.
o Contractor forces on site (labor by name and class; equipment by equipment type and size). o General narrative of the work performed.
o Review of Contractor’s traffic control efforts.
o Tests performed.
o Photos of the installation as it progresses.
o Other pertinent observations.
Coordinate materials testing with City’s independent materials testing lab. Provide two (2) Resident Engineer site visits to assess contractor progress and address emergent field issues.
Provide two (2) Landscape Architect site visits to assess contractor progress and address emergent field issues.
Provide one (1) site visit by the Electrical Engineer (Rose Singe Eastham & Associates) to review construction.
Deliverables:
Daily field observation reports (provided monthly)
7.E.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Jeff Jones, City of Arvin Page 3 of 5
January 31, 2024
TASK 4.0 POST-CONSTRUCTION SERVICES
Work performed under this task will include:
When construction is complete, conduct a final field inspection with the contractor, City, and QK’s observer.
Review work in the field and compile a list of incomplete work to be completed by the contractor (Punchlist).
Provide a secondary site visit to confirm completion of punchlist items. Receive, review, and recommend payment on the contractor’s final pay request. Compile a reconciling final change order for all miscellaneous remaining items and final quantity adjustments.
Review contractor’s submitted as-built drawings for completeness and clarity and deliver same to the City for their use.
Prepare a draft Notice of Completion and draft Staff Report for City’s presentation to Council.
Deliverables:
Punchlist
Final Pay request recommendation
Contractor’s as-built drawings
Final reconciling change order
Draft Notice of Completion and Staff Report
TASK 5.0 CONSTRUCTION STAKING SERVICES
One set of offset stakes for the following items will be provided:
Rough grade staking
Pathways & flatwork staking
Picnic table pad staking
Curb & gutter staking
Parking lot staking
Fencing
Water
One (1) site benchmark will be provided. It is assumed that this work can be completed in seven (7) full-day trips to the site. If additional services, trips, or re-staking is required, QK will invoice those services separately on a Time and Materials (T&M) basis.
Deliverables:
Cut sheets and point maps for staking work performed. One set of construction stakes for the items listed above. During construction, QK will receive and review copies of the contractor’s and any subcontractor’s weekly certified payroll reports. We expect the general contractor to employ approximately 3-5 subcontractors on the project.
TASK 6.0 LABOR COMPLIANCE SERVICES
Work performed under this task will include:
During construction, QK will receive and review copies of the contractor’s and any subcontractor’s weekly certified payroll reports. We expect the general contractor to employ approximately 3-5 subcontractors on the project.
QK will conduct monthly interviews of on-site tradespersons in the field to confirm pay rates and classifications. QK will document each interview on State-issued forms.
7.E.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Jeff Jones, City of Arvin Page 4 of 5
January 31, 2024
A final closeout report will be provided summarizing all payrolls received and reviewed from the general contractor and their subcontractors.
Deliverables:
Reviewed weekly certified payroll reports (at project closeout) Monthly labor interview forms (at project closeout)
Final Close-out report (at project closeout)
TASK 7.0 MATERIALS TESTING SERVICES
Using a subconsultant (BSK Associates), QK will provide for materials testing to confirm compliance with quality standards, including compaction testing of site backfill at structures and bac-t testing of waterline disinfection, prior to public use. We are not expecting special inspection requirements from permitting agencies. We have estimated a budget of $19,550 for materials testing, plus support hours. QK will confirm the budget with the City and the consultant prior to beginning work.
Deliverables:
Materials testing lab reports
Special Inspection reports
SCHEDULE
The Construction schedule is expected to be 120 calendar days. The scope included herein is based on that expected duration, along with preconstruction time, plus closeout time. Should construction extend beyond the expected timeframe, a fee modification will be prepared and submitted to the City for approval.
Task Description Duration
1.0 Preconstruction Services 4 weeks
2.0 Construction Project Management Services 17 weeks
3.0 Field Services (*) 17 weeks
4.0 Post-Construction Services 6 weeks
5.0 Construction Staking Services (*) 17 weeks
6.0 Labor Compliance Services (**) 23 weeks
7.0 Materials Testing Services (*) 17 weeks
Total Duration 27 weeks
(*) concurrent with construction phase services
(**) concurrent with construction and post-construction phase services
FEE ESTIMATE
Task Description Fee Type Fee Amount
1.0 Preconstruction Services T&M $8,100
2.0 Construction Project Management Services T&M $30,100
3.0 Field Services T&M $25,800
4.0 Post-Construction Services T&M $11,900
5.0 Construction Staking Services T&M $30,000
6.0 Labor Compliance Services T&M $11,000
7.0 Materials Testing Services T&M $19,550
Total Estimated Fee $136,450
7.E.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Jeff Jones, City of Arvin Page 5 of 5
January 31, 2024
Notes:
1. Expenses for reproduction, mailing, mileage, etc. are billed per our attached Charge Rate Schedule.
2. All time-and-materials fees will be invoiced monthly based on the level of effort in terms of hours relative to our Charge Rate Schedule.
3. When a Task is set on a time-and-materials fee basis, it signifies that it is not possible to accurately predict the amount of work effort required typical of on-call type services. QK will work with the client to set expectations where applicable.
4. The Fee Estimate is good for a period of 90 days from the date of the proposal. After 90 days, the Fee Estimate is subject to change.
5. Fees for field surveying activities are subject to the payment of Prevailing Wages for Kern County.
EXCLUSIONS AND ASSUMPTIONS
County and/or State Encroachment Permits are not required. Biological Clearance Surveys or Mitigation Monitoring are not included. One (1) set of stakes will be set upon request for the specified items listed in this proposal. After stakes are set, it is the responsibility of the contractor for the condition of the stakes. It is assumed that staking can be completed in seven (7) full-day trips to the site. If additional services, trips, or re-staking is required, QK will invoice those services separately on a Time and Materials (T&M) basis. Advance notice of 48 hours is required prior to mobilization. Notice must be provided in the form of QK’s staking request form submitted to [email protected]. Site control points set by QK are to be maintained whenever possible throughout the duration of the project.
Should control points need to be replaced due to construction activity, replacement of said control points will be at the contractor’s expense.
Additional or in-person meetings are available and can be provided upon request on a T&M basis. Cut-sheets will be reviewed by a professional land surveyor, stamped, signed, and delivered to the contractor upon request. While QK does its best to deliver as soon as possible said cut-sheets, QK requests a minimum of 24 hours between the conclusion of any staking effort and the delivery of said cut-sheets.
Additional items not specifically mentioned herein are not included.
AUTHORIZATION OF SERVICES
In order to authorize services described herein, please sign the attached Contract Amendment and send back to us.
Typically, we can begin our services within 5 business days of the time authorization is received depending on client need and schedule constraints.
Thank you for your continued confidence with the QK team. If you have any questions or would like to discuss this proposal further, please contact Cathy Williams at (661) 616-2600. We look forward to beginning this work upon your approval.
Sincerely,
Cathy S. Williams, PE Amber Aguayo
Project Manager/Branch Manager - Bakersfield CFO/COO
Enclosures: Charge Rate Schedule
Contract Amendment No. 2
cc: Courtney Lee, QK
Greg Thompson, QK
John Krueger, QK
P230441/230050
BW/GT/CSW/AA
7.E.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Charge Rate Schedule
7.E.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and P230441/230050 January 31, 2024
AMENDMENT NO. 2 – AGREEMENT NO. 2022-29
AGREEMENT FOR THE DEVELOPMENT OF CONCEPT PLANS, CONSTRUCTION PLANS, AND BID DOCUMENTS FOR THE KOVACEVICH PARK “FIELD OF DREAMS AND BASEBALL TEAMS” PROJECT
PROFESSIONAL CONSULTANT SERVICES
BETWEEN
CITY OF ARVIN, CALIFORNIA,
AND
QUAD KNOPF, INC. dba QK
THIS AMENDMENT to the Agreement between the City of Arvin (hereafter “Client”) and Quad Knopf, Inc. dba QK (hereafter “Consultant”) is made this _____ day of ________________, 2024 :
WHEREAS, on February 16, 2023, Client and Consultant entered into a contract whereby Consultant would provide the following services: Development of Concept Plans, Construction Plans, and Bid Documents for the Kovacevich Park “Field of Dreams and Baseball Teams” Project located in the City of Arvin, California, (hereafter “Project”); and WHEREAS, on October 18, 2023, Client authorized Amendment No. 1 for Consultant to provide additional Landscape Architecture support for the Project; and WHEREAS, Client has requested Consultant to provide Construction Management and Construction Staking services for the Project as described in the attached proposal dated January 31, 2024.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows:
1. That the original Contract is hereby amended to include the scope of services described in the attached proposal dated January 31, 2024.
2. The services described herein will be provided for an estimated fee of $136,450.00, to be billed on a time and materials (T&M) basis per the attached charge rate schedule.
EXCEPT as specifically modified above, all of the remaining terms and conditions of the Agreement between the City of Arvin and Quad Knopf, Inc. dba QK dated February 16, 2023, shall remain and continue in full force and effect.
QUAD KNOPF, INC. dba QK CITY OF ARVIN
By: By:
Amber Aguayo Name: Jeff Jones
CFO/COO Title: City Manager
7.E.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Staff Report Election of Vice Mayor 2024
CITY OF ARVIN
Staff Report
Meeting Date: February 13, 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_021324 (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_021324 (Election of Vice Mayor)
8.A.2
Attachment: 06-07 Reso Annual Rotation of Vice Mayor Chair_031406 (Election of Vice Mayor)