REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
FEBRUARY 27, 2024
CALL TO ORDER @ 6:00PM
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL: Mayor Trujillo and Mayor Pro Tem Borreli absent; All others present.
1. APPROVAL OF AGENDA AS TO FORM.
Motion to approve the Agenda with the following change:
- Remove Presentation Item 3B.
Motion CM Horton Second CM Murillo Vote 3-0
2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
NONE
3. PRESENTATION(S)
A. Caltrans Clean California State Route 223 City of Arvin Enhancement.
Jennifer Nishikawa, Clean CA Coordinator
Shavonne Conley, Project Manager
Brad Cole, Landscape Architecture
B. Kern County Fire Department 2023 Report - Engine 48
Gary Blake, Division Chief - Kern County Fire
Above Presentation Item 3B was removed from the agenda.
C. Arvin Police Department Update 2023
Alex Ghazalpour, Chief of Police - City of Arvin
Arvin City Council Meeting Minutes - February 27, 2024
4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Registers) of January 20, 2024 - February 22, 2024.
B. Approval of Payroll Register(s) of February 02, 2024 and February 16, 2024.
C. Approval of the Minutes of the Regular Meeting(s) of January 23, 2024 and Special Meeting(s) of February 20, 2024.
D. Authorization for the Arvin Little League to Place Booth on City-owned Empty Lot Located on Bear Mountain Blvd. between Walnut Drive and Campus Drive (APN 190-270-06) for Fireworks Fundraising Sales During the Period of Obtaining Zoning Clearance from the City of Arvin's Planning Department and 2024 to July 4, 2024 Contingent Upon the Arvin Little League Approval from the Kern County Fire Department.
E. Approval of Deed Restriction for DiGiorgio Park to Enable the City of Arvin to Receive Grants Funds and to be Consistent with the Public Purpose of the California Department of Parks and Recreation 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program, and Perform Work Described in the Grant.
Agreement No. 2024-11
Staff recommends approval of the Consent Agenda.
Motion to approve Consent Agenda Items 4A - 4E.
Motion CM Horton Second CM Reyes Vote 3-0
5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Amending Arvin Municipal Code Chapter 1.20.100 Related to Places Designated for Posting Public Notices and Posting of Agendas Related to Meetings Subject to the Brown Act. (City Clerk) Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.
Hearing opened.
No public testimony.
Hearing closed.
Motion to approve waive second reading of the Ordinance and approve the adoption of the Ordinance.
Motion CM Horton Second CM Murillo Vote 3-0
Ordinance No. 2024-487
Arvin City Council Meeting Minutes - February 27, 2024
B. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Amending Ordinance 2022-479 Which Established Title 8, Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code to Address the Outdoor and Mixed-Cultivation of Commercial Cannabis and Acceptance of the California Environmental Quality (CEQA) Notice of Exemption. (City Manager)
Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.
Hearing opened.
No public testimony.
Hearing closed.
Motion to approve waive second reading of the Ordinance and approve the adoption of the Ordinance.
Motion CM Horton Second CM Reyes Vote 3-0
Ordinance No. 2024-488
C. A peliment Biock Grant DEG 18CDBG-12C02 Cry of Arcin Frankiy Street Rehabilitation Project. (Grants Manager)
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, and approve the CDBG-18-12902 closeout process and authorize its submittal to the California Department of Housing and Community Development, Community Development Block Grant Program.
Hearing opened.
No public testimony.
Hearing closed.
Motion to approve the CDBG-18-12902 closeout process and authorize its submittal to the California Department of Housing and Community Development, Community Development Block Grant Program.
Motion CM Murillo Second CM Reyes Vote 3-0
6. ACTION ITEMS)
A. Consideration and Approval of Letter of Support with Lahav Green Energy Ltd. / Arvin Power Company. (City Manager).
Staff recommends that the City Council review the Letter of Support and request that Staff work with LahavGE / Arvin Power Company to determine whether the proposed Solar Project is in the best interest of the City and its residents.
No motion and no action taken on above Action Item 6A.
Arvin City Council Meeting Minutes - February 27, 2024
B. Setting A Date to Conduct A Public Hearing of the City Council of the City of Arvin to Consider Request Submitted by Jhaj & Brar Investment Inc. for Modification to Conditions of Approval to the Site Development Permit 2022- 322BMB-Starbucks, 320 Bear Mountain Blvd, Arvin, APN 190-130-27. (City Manager)
Staff recommends that the City Council set the public hearing date to be held on March 12, 2024.
Motion to set the public hearing date to be held on March 12, 2024.
Motion CM Murillo Second CM Horton Vote 3-0
C. Consideration and Approval of the Service Employees International Union Local 521 "SEIU" Side Letter February 2024. (HR Manager) Staff recommends approval of the Service Employees International Union Local 521 "SIEU" Side Letter February 2024.
Motion to approve the Service Employees International Union Local 521 "SIEU" Side Letter February 2024.
Motion CM Horton Second CM Reyes Vote 3-0
Agreement No. 2024-12
D. Consideration and Approval of A Resolution of the City Council of the City of Arvin Resolving Its Intention to Initiate Procedures for Establishing and Implementing District Based Election. (City Manager)
Staff recommends approval of the Resolution.
Motion to approve the Resolution.
Motion CM Reyes Second CM Murillo Vote 3-0
Resolution No. 2024-11
7. ELECTION OF VICE MAYOR
Councilmember Donny Horton nominated Councilmember Susana Reyes.
Councilmember Susan Reyes nominated Councilmember Susana Reyes (self).
Vote 2-1 (CM Murillo voted No.)
Susana Reyes is appointed to serve as the Mayor Pro Tem (Vice Mayor).
8. CITY MANAGER'S REPORT
9. COUNCIL MEMBER COMMENTS
Arvin City Council Meeting Minutes - February 27, 2024
10. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
854957.6):
Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.
B. CONFERENCE WITH LEGAL COUNSEL-POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): seven cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. Conference with Real Property Negotiations (§54956.8) Property: APN 190-020-38-00-3
City Negotiation: Jeff Jones, Executive Director and Nathan Hodges, Successor Agency Attorney
Negotiating Parties: Noe Cisneros Moreno
Under Negotiation: Price and terms of payment
E. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Katia Vargas Rocha
Against: City of Arvin
F. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Ana Martinez - AIMs File No. FR101865.
Against: City of Arvin
CLOSED SESSION REPORT BY CITY ATTORNEY:
10A. No reportable action taken.
10B. No reportable action for any of the potential matters. 10C. No reportable action taken.
10D. The City Council provided direction to the City Manager regarding property zoning prior to completing property negotiations concerning price and terms of payment.
10E. The City Council denied the claim as recommended by AIMS. 10F. The City Council accepted the claim as recommended by AIMS.
11. ADJOURNED @ 8:45PM
Respectfully submittec
Cecilia Vela, City Clerk
Arvin City Council Meeting Minutes - February 27, 2024