Agenda — Arvin City Council, March 12, 2024 (part 1 of 2)

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY MARCH 12, 2024 6:00p.m.

CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Pro Tem Susana Reyes

PLEDGE OF ALLEGIANCE

INVOCATION
*******************************************
ROLL CALL Vacant Mayor
Susana Reyes Mayor Pro Tem
Daniel Borreli Councilmember
Donny Horton Councilmember
Juan Murillo Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

PUBLIC COMMENTS:

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

In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.

AGENDA STAFF REPORTS AND HANDOUTS:

Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.

CONDUCT IN THE CITY COUNCIL CHAMBERS:

Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).

Removal from the Council Chambers:

Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.

AMERICANS with DISABILITIES ACT:

In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Arvin City Council Meeting Agenda – March 12, 2024

Page 1 of 4 ends

1. APPROVAL OF AGENDA AS TO FORM.

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

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

3. PRESENTATION(S)
A. Kern County Fire Department 2023 Report – Engine 48
Gary Blake, Division Chief – Kern County Fire
B. City of Arvin Sewer Utility Rate Study
Chris Fisher, Vice President – Willdan Financial Services Michael Cronan, Project Manager – Willdan Financial Services

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of February 23, 2024 – March 07, 2024.

B. Approval of Payroll Register(s) of March 01, 2024.

C. Approval of the Minutes of the Regular Meeting(s) of February 27, 2024.

D. Approval of A Resolution of the City Council of the City of Arvin Approving the Sale or Disposal of A Transit Bus Declared as Surplus.

E. Approval of A Resolution of the City Council of the City of Arvin to Approve the 2023 Housing Element Annual Progress Report.

F. Authorization to Waive All Fees for Use of Arvin Veteran’s Hall for Celebration of Life Event Honoring Mayor Olivia Trujillo on Saturday, March 23, 2024.

Staff recommends approval of the Consent Agenda.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Horton ___ CM Borreli ___ MPT Reyes ___ Arvin City Council Meeting Agenda – March 12, 2024

Page 2 of 4 ends

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Modifications to 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 the City Council open the hearing, allow for public testimony, close the hearing, consider the request and provide direction to Staff.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Horton ___ CM Borreli ___ MPT Reyes ___ B. A Public Hearing to Consider Introduction of An Uncodified Ordinance of the City Council of the City of Arvin Accepting the Mutual Termination Agreement of Uncodified Ordinance No. 2019-445 dated February 12, 2019, and Accepting the Mutual Termination of Agreement (Development Agreement), No. 2019-05 Between the City of Arvin and Aaron Coppelson, MD, Inc., a California Corporation, Recorded June 14, 2019-Doc#219069900 Kern County Official Records. (City Manager)
Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Horton ___ CM Borreli ___ MPT Reyes ___ C. A Public Hearing to Consider Introduction of An Uncodified Ordinance of the City Council of the City of Arvin Finding WC Arvin L.P., APN 189-353-03 (10.67 Acres), assumed all rights and obligations, is compliant with the Terms of the Agreement between WC Arvin LP and City of Arvin by the removal of APN 189- 353-01 (8.53 Acres) and Finding Arvin Shopping Center LLC, a California limited liability company purchased APN 189-353-01 (8.53 Acres) on March 8, 2021, is noncompliant with the Terms of the Development Agreement and Terminates all rights, interests and obligations as Established By Uncodified Ordinance No. 446. (City Manager)
Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Horton ___ CM Borreli ___ MPT Reyes ___ Arvin City Council Meeting Agenda – March 12, 2024

Page 3 of 4 ends

D. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Amending and Restating Arvin Municipal Code 3.04.020 Concerning Withdrawals and Authorized Signors. (City Manager) Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

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

6. ACTION ITEM(S)
A. A Resolution of the City Council of the City of Arvin for the Approval of A Final Map for Phase 11B of Tract 5816; Acceptance of Public Right of Way Dedications as Shown on Said Map; and Acceptance of Improvements Within Public Right of Way. (City Engineer)
Staff recommends approval of the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Horton ___ CM Borreli ___ MPT Reyes ___ B. City Council Discussion of Options Regarding the Process for Filling the Vacancy on the City Council and Direction to Staff regarding the Same. (City Attorney)
Staff recommends the City Council discuss initial options regarding how to fill the vacancy on the City Council and provide recommendations to Staff regarding the same.

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

7. CITY MANAGER’S REPORT

8. COUNCIL MEMBER COMMENTS
Arvin City Council Meeting Agenda – March 12, 2024

Page 4 of 4 ends

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

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

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. Conference with Real Property Negotiations (Government Code §54956.8) Property: APN 446-010-04 in the vicinity of Comanche and Millux Roads, Arvin CA 93203
Agency Negotiators: City Manager and City Attorney
Negotiating Parties: Ismael Nunez
Under Negotiation: Price and Terms of payment

10. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated March 07, 2024.

Cecilia Vela, City Clerk
Engine 48
Arvin City Council
2023 Report Engine 48

3.A.1
Attachment: Presentation - Kern County Fire Dept_031224 (Presentation - Kern County 2023 Arvin City Council Report

3.A.1
Attachment: Presentation - Kern County Fire Dept_031224 (Presentation - Kern County 2023 Arvin City Council Report 3.A.1
Attachment: Presentation - Kern County Fire Dept_031224 (Presentation - Kern County 2023 Arvin City Council Report 3.A.1
Attachment: Presentation - Kern County Fire Dept_031224 (Presentation - Kern County 2023 Arvin City Council Report 3.A.1
Attachment: Presentation - Kern County Fire Dept_031224 (Presentation - Kern County 2023 Arvin City Council Report 3.A.1
Attachment: Presentation - Kern County Fire Dept_031224 (Presentation - Kern County Incident Date
Incident Count
Fire Call Volume by Day
Jan 01, 2023 to Dec 31, 2023
Average
Upper Control
Daily Incident Count 10 Day Moving Average Count
Jan '23 Mar '23 May '23 Jul '23 Sep '23 Nov '23
Jan '23 Jul '23
05 10

3.A.1
Attachment: Presentation - Kern County Fire Dept_031224 (Presentation - Kern County City of Arvin
Sewer Utility Rate Study
March 12, 2024
Willdan Financial Services o Chris Fisher, Vice President o Michael Cronan, Project Manager

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 2 Rate Study Objectives
o Primary goals and objectives of the rate study include:
• Development of a 5-year financial plan
• Funding current and future operations, capital
• Debt repayment, compliance with bond covenants
• Maintaining adequate operating reserves
• Equitable, cost-based rate structure
• Proposition 218 compliance

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 3 Factors Driving Financial Plans & Recommendations
o Rising sanitation operating costs (equipment, supplies, treatment, etc.)
o Meeting debt service coverage to maintain compliance with debt covenants
o Funding ongoing sewer capital projects to provide adequate level of service
o Last rate increase – July 1, 2018

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate City of Arvin
Sewer Utility Rate Study
Methodology & Projections
4 3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 5 Customer
Accounts Usage/Volumes
Customer Billing/Revenue Reconciliation
Revenue Sufficiency under
Existing Rates
Other Revenues Rate Design
Total Revenue Requirements
O&M Expenses Debt Service & Debt
Service Coverage
Liquidity
Requirements Capital Expenditures
General Rate Study Methodology

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 6 -$1.00
$0.00
$1.00
$2.00
$3.00
$4.00
2025 2026 2027 2028 2029
Millions
Revenues over Expenditures (excluding Capital Expenses) Revenues Expenditures Net Results
(400)
(300)
(200)
(100)
-
100
200
300
2025 2026 2027 2028 2029
Number of Days O&M in Cash Reserves
Days Target
-

0.50 1.00

1.50 2.00
2025 2026 2027 2028 2029
Debt Service Coverage
Ratio Target (1.50x) Minimum (1.20x)
Status Quo Projections

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 7 Capital Improvement Program
$1,500,000
$515,000 $530,450 $546,364 $562,754
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
2025 2026 2027 2028 2029
Capital Expenditures

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 5-Year Financial Plan
8 o 5-year annual rate path
o 5-year annual bill path
o Comparison with neighboring utilities - monthly
o Projected financial metrics & operating results over the 5- year financial plan including rate adjustments
o Difference in 5-year revenue adjustments with and
without the inclusion of capital projects and expenditures

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 9 5-Year Annual Rate Path

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 10 5-Year Annual Bill Path
Existing Proposed 2026 2027 2028 2029
Annual Sewer Bill $571.74 $648.78 $726.64 $744.81 $759.71 $774.90 Difference $77.04 $77.86 $18.17 $14.90 $15.19
$571.74
$648.78
$726.64 $744.81 $759.71 $774.90
$-
$100
$200
$300
$400
$500
$600
$700
$800
$900
Annual Sewer Bill

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 11 $42.23 $42.25 $42.28 $44.64
$47.65 $48.55
$52.43 $54.07 $56.61
$69.95
$49.87
$-
$10
$20
$30
$40
$50
$60
$70
$80
Total Sewer Bill Average of Comparison Utilities
Monthly Neighboring Utility Comparison

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 12 Revenue Adjustments
Revenue Adjustments needed to cover O&M costs and capital projects Revenue Adjustments needed to cover only O&M costs

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate 13 $0.00
$1.00
$2.00
$3.00
$4.00
$5.00
2025 2026 2027 2028 2029
Millions
Revenues over Expenditures (excluding Capital Expenses) Revenues Expenditures Net Results
-
50 100
150
200
250
2025 2026 2027 2028 2029
Number of Days O&M in Cash Reserves
Days Target
-

1.00 2.00

3.00 4.00
2025 2026 2027 2028 2029
Debt Service Coverage
Ratio Target (1.50x) Minimum (1.20x)
Adjusted Financial Metrics

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate City of Arvin
Sewer Utility Rate Study

NEXT STEPS
14 3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate Next Steps 15
o Set Prop 218 public hearing date
o Mail out Proposition 218 Notices
o Conduct Public Hearing, receive testimony/comments
o Tabulate written protests
o Council discussion and consideration
o Adopt and implement the utility rates

3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate City of Arvin
Sewer Utility Rate Study

QUESTIONS
16 3.B.1
Attachment: Presentation - City of Arvin Sewer Utility Rate Study_031224 (City of Arvin Sewer Utility Rate Proposed Annual Operating Budget
Fiscal Year 2020 - 2021
City of Arvin, CA
Comprehensive Sewer
Utility Rate Study Report

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study) i Sewer Rate Study – Draft Report
February 22, 2024

TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................... i Section 1 – Executive Summary...........................................................................................................1

1.1 Introduction.........................................................................................................................................1

1.2 Overview of the Rate Study Process............................................................................................1

1.3 Summary of Proposed Rates..........................................................................................................3 Section 2 – Revenue Sufficiency Analysis ..........................................................................................5

2.1 Financial Planning Principles..........................................................................................................5

2.2 Existing Rates.......................................................................................................................................5

2.3 Revenue Sufficiency Process .........................................................................................................6

2.3.1 Budget..........................................................................................................................................6

2.3.2 Capital Improvement Plan (CIP) ..........................................................................................7

2.3.3 Debt Service ...............................................................................................................................8

2.3.4 Gross and Net Revenue Requirement ................................................................................8

2.4 Customers & Billable Flows..............................................................................................................9

2.4.1 Customer Billing Analysis..........................................................................................................9

2.5 Financial Projections Under Existing Rates................................................................................10 Section 3 – Cost-of-Service (COS) Analysis .....................................................................................12

3.1 General ..............................................................................................................................................12

3.2 Sewer Cost-of-Service....................................................................................................................12

3.2.1 Functional Unbundling of Revenue Requirements........................................................12

3.2.2 Classification of Revenue Requirements..........................................................................13

3.2.3 Allocation to Customer Classes and Unit Cost Development....................................14

3.2.4 COS and Revenue Check....................................................................................................16 Section 4 – Proposed Test Year Rates ...............................................................................................18

4.1 General ..............................................................................................................................................18

4.2 Rate Comparison with Other Utilities .........................................................................................20 Section 5 – Projected Operating Results ..........................................................................................22

5.1 General ..............................................................................................................................................22

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study) ii Sewer Rate Study – Draft Report
February 22, 2024

5.2 Projected User Rate Revenues....................................................................................................22

5.3 Debt Service Coverage ................................................................................................................24

5.4 Summary of Projected Operating Results ................................................................................25 Section 6 – Conclusions and Recommendations ............................................................................27

6.1 Disclaimers...............................................................................................................................................27

6.1.1 General Disclaimer .................................................................................................................27

6.1.2 Municipal Advisory Disclaimer.............................................................................................27

6.2 Conclusions.......................................................................................................................................28

6.3 Recommendations.........................................................................................................................29

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study) 1 | P a g e
Section 1 – Executive Summary

1.1 Introduction
Willdan Financial Services (Willdan) is pleased to submit to the City of Arvin (the “City”) the Sewer Rate Study report (the “Report”) for your consideration. Willdan has completed the study of the City’s sewer rates that get placed on the annual property tax roll and summarized the results of the investigations, analyses, and conclusions in this Report.

The City provides sewer treatment and collection services to residential and nonresidential customers within its incorporated limits. The City has focused a significant amount of attention and effort on strategic planning measures in all areas of utility operations to ensure that it is able to provide uninterrupted service to its customers, and so that it remains prepared for the future. As part of its ongoing strategic planning efforts, the City commissioned Willdan to perform a sewer rate study to analyze the revenue sources and expenditures of the utility system and provide recommendations for proposed rate and/or rate structure adjustments to meet the financial and administrative goals and objectives of the City. The primary objectives of the rate study include:
➢ Full recovery of costs related to utility operations (i.e., operating and maintenance costs, debt, and other expenditure requirements);
➢ Cost-based rate structures;
➢ Consistency with Water Environment Federation (“WEF”) guidelines; ➢ Equity among customer classes;
➢ Meeting substantive and procedural Proposition 218 requirements; ➢ Administrative efficiency (i.e., easy to understand and implement); and ➢ 5-Year capital funding plan.

1.2 Overview of the Rate Study Process
This study develops a sewer financial plan for a 5-year planning period and includes the development of cost-based rates through a cost-of-service and rate design analysis. Utility rates must be set at a level such that operating, maintenance, debt, and capital expenses are funded with the revenues received from customers. In addition, the revenues generated from utility rates must only be used for this purpose and for each system separately. This is a significant point, as failure to achieve the needed revenues can lead to unacceptable service levels and inadequately maintained facilities. Therefore, a rate study typically consists of following three interrelated analyses:

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study) 2 | P a g e
I. Financial Planning/Revenue Requirement Analysis: Creates a five-year plan to support an orderly, efficient program of on-going maintenance and operating costs, capital improvement and replacement activities, debt financing, and retirement of outstanding debt. In addition, the plan should fund and maintain appropriate reserve balances based on industry standards, as well as the City’s fiscal policies and specific needs.

II. Cost-of-Service Analysis: Identifies and apportions annual revenue requirements (i.e., expenditures) to operational and functional cost components based on the demand placed on the utility system. The purpose of this analysis is to develop rates that generate revenues relatively proportionate to the share of each utility’s costs. This objective is consistent with industry standards as well as the requirements of Proposition 218.

III. Rate Design: Develops an equitable and proportionate schedule of rates for the City’s customer base. The policy objectives are coordinated with Proposition 218 (Prop 218) requirements and cost-of-service objectives to achieve a balance between customer equity and financial stability goals.

This rate study utilizes generally accepted rate-making principles and standards established by industry experts such as the WEF in its “Financing and Charges for Sewer Systems, Manual of Practice No. 27”. The principles established by these entities are used as guidelines in the development of the proposed sewer rates. A discussion of some of the key principles of ratemaking is presented in the following subsection of this Report.

Rate Design Analysis
Considers both the level and structure of the rate design to collect the appropiate and targeted level of revenues.

Cost of Service Analysis
Allocates the revenue requirements to the fixed/variable cost components based on cost of service.

Revenue Requirement Analysis
Compares the revenues to the expenses of the utility
to determine the overall rate adjustment required.

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study) 3 | P a g e

1.3 Summary of Proposed Rates
The rate study methodology applied in the development of updated sewer rates, outlined in this Report, consisted of reviewing the historical operating results of the sewer utility system, analyzing the budget to identify the net revenue requirements to be recovered from user rate revenues, performing general cost-of-service allocations based on the rate components and functional cost categories, and revising the rates based on the applicable costs and expenditures to be recovered from user rates. In addition, an analysis of the system’s customers was performed to identify the rate determinants since they drive the recommended rates, which are the primary source for generating revenues. The allocated revenue requirements were utilized in conjunction with the rate determinants and rate structure to develop the proposed sewer rates.

The findings and conclusions of the rate analysis, as well as the resulting revised rate recommendations, were utilized to develop a projection of future operating results for a 5- year planning period from Fiscal Year (FY) 2025 (beginning July 1, 2024) through FY 2029 (ending June 30, 2029), herein referred to as the “Projection Period”. The purpose for developing the 5-year projections is to demonstrate the financial capability of the sewer revenues to support system operations and fund planned capital improvements. The analyses, findings and accompanying recommendations are presented in the subsequent sections of the Report.

The sewer rate analysis described in the Report is performed based on the general guidelines of the defined objectives, as well as common industry standards for setting utility rates. In addition to focusing on these major objectives, the rate analyses performed herein will consider other factors in designing rates. As will be discussed in detail later in the Report, such other rate considerations generally include sensitivity to the impact on existing customers, the relative comparability with neighboring utilities and the City’s existing rate structure. The proposed sewer rates for assumed implementation effective July 1, 2024 (or other such date as determined by the City) for FY 2024/25 (FY 2025, herein referred to as the “Test Year”) are provided in Table 1. The existing rates are provided in Table 2.

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study) 4 | P a g e
Table 1 – Proposed Annual Sewer Rates per ERU

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study) 5 | P a g e
Section 2 – Revenue Sufficiency Analysis

2.1 Financial Planning Principles
While the individual rates for a utility system vary based on a variety of factors, rates should be consistent with common rate-making principles within the utility industry. The guiding principle is that rates designed for any utility should provide a reasonable balance between several key factors. In general, the utility rates should:
➢ Generate a stable revenue stream that, when combined with other sources of funds, is sufficient to meet the expenditure requirements and goals of the system; ➢ Be based upon the proportionate cost of providing the service and not exceed the cost of providing the service – in compliance with California Proposition 218; ➢ Be equitable – that is, they should generate revenue from customer classes in a manner which is reasonably in proportion to the cost to provide service to that customer class;
➢ Be easy to understand by customers; and
➢ Be easy to administer by the utility.

Striking the appropriate balance between the principles of ratemaking is the result of a detailed process of evaluation of revenue requirements and cost-of-service, and how those translate into the rate design alternatives which meet legal requirements and the specific objectives of the utility under the circumstances in which it operates.

2.2 Existing Rates
The City has established sewer charges that are submitted annually to the Kern County Auditor-Controller for inclusion on the annual secured property tax roll. These charges are based on the type and size of building owned, and these rates charged for sewer service are approved by the City Council and are not subject to administrative review or approval by any other local or state agency. The City has historically adjusted rates, as necessary, to provide for recovery of financial obligations including operating expenses, debt service, capital expenditures and any other expenses and transfers.

The existing sewer rates consist of an annual charge per equivalent residential unit (ERU). The “SRF, Tract 5839, 6372, Etc.” customer class is the only customer class that receives a different rate per ERU since extra lift station infrastructure (with related additional operating costs) is required to provide sewer collection services to these customers. The existing rates for sewer service are provided in Table 2.

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study) 6 | P a g e
Table 2 – Existing Annual Sewer Rates per ERU

2.3 Revenue Sufficiency Process
In evaluating whether the existing rates will generate sufficient revenue to meet the expenditure requirements of the sewer system, the annual expenditures required (herein referred to as the “Revenue Requirements”) must be developed. The Revenue Sufficiency Analysis compares the forecasted revenues of each system under existing rates (including customer growth) to the projected Revenue Requirements.

2.3.1 Budget
The revenue sufficiency analysis performed as part of this study utilizes the City’s budget for FY 23/24 (the “Budget” for FY ending June 30, 2024) as one variable to determine the gross Revenue Requirements to be recovered from user rates over the Projection Period. The Budget, as prepared by the City, is provided on a line-item basis, and is used for projecting the budgeted financial needs for the Test Year and the remainder of the Projection Period.

In developing the rate analysis, certain adjustments are made such that the expenditures are categorized into either Operating and Maintenance (O&M) expenses or non-operating

3.B.2
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expenses. The O&M expenses are primarily those ongoing costs for labor, materials, supplies, services, etc., required to manage and operate the utility system on a day-to-day basis while maintaining a dependable level of service. The O&M requirements are generally a function of a budgetary process and are directly related to the level of service provided to customers of the utility system. The non-operating expenses include such items as capital outlay and any other expenses & transfers.

The Budget also identifies estimated revenues to be derived from sources other than sewer user rates. Such other revenue sources include interest earnings on investments, and various other miscellaneous service charges. If there are revenues generated from the other sources, those revenues are applied to the gross Revenue Requirements to reduce the amount of revenue required from user rates. The result is the net Revenue Requirement.

2.3.2 Capital Improvement Plan (CIP)
The City provided capital projects and related expenditures that could be incurred over the Projection Period. Given funding constraints and practical realities, it is not expected that all the projects included in the CIP will be undertaken with cash from rate revenue, on a paygo basis. Some projects may be undertaken through pursuit of grants or other funding options not currently known or included in our analysis. The pay-go portion of the projected capital expenditures are included in the development of the gross Revenue Requirements that support recommended rates for the next five years. The City will decide which projects to undertake using this pay-go revenue on a case-by-case priority basis each year. The potential capital projects provided by the City are suggested in order to maintain uninterrupted service to customers by investing in improvements, repairs, or replacements of aging system components as they wear over time. The City provided cost estimates, by fiscal year, for the capital projects they may undertake over the Projection Period, given availability of funding, and the ability of staff to execute them. The pay-go capital spending amounts shown at the bottom of Table 3 below were then used in the analysis, along with O&M and non-operating expenses, to determine the gross revenue requirements for the sewer system. The assumed capital expenditures, by fiscal year, for the Projection Period are provided in Table 3.

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Table 3 – Sewer CIP

2.3.3 Debt Service
The City currently has outstanding debt for the sewer utility. A debt service coverage ratio of

1.20 times is required to be maintained on an annual basis, based on the City’s current bond covenants. In simple terms, this means the utilities must have $1.20 in net operating revenues for every $1.00 of debt service they are committed to pay on existing debt. The debt service coverage is calculated by dividing net operating revenues (revenue less operations and maintenance expenses) by annual debt service. The annual existing debt payments over the Projection Period are provided in Table 4.

Table 4 – Annual Debt Service Payments

2.3.4 Gross and Net Revenue Requirement
The proposed sewer rates developed in the Report are designed for assumed implementation for FY 2024/25 (the Test Year as previously defined). The projected Test Year gross and net Revenue Requirements are estimated by utilizing the Budget, actual debt service requirements as provided in the applicable debt service schedules, capital estimates as provided by the City, and transfers. The Test Year Revenue Requirements that are used for developing the user rates proposed herein are detailed in Appendix A at the end of this report and summarized in Table 5.

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Table 5 – Test Year Revenue Requirements – FY 2025
The projected Revenue Requirements for the sewer system over the entire Projection Period are provided in Table 6.

Table 6 – Sewer Revenue Requirements for the Projection Period

2.4 Customers & Billable Flows
The rate study performed herein is heavily reliant upon a detailed analysis of system customers and demand characteristics. The existing utility customer base provides the determinants utilized in the cost-of-service analysis, and ultimately in calculating the sewer charges, which become the foundation for projecting future revenues generated by the sewer system.

It is important to note that the customer analysis focuses primarily on the customer classifications that will be subject to and impacted by the user rates and charges to be developed in the Report. This consists of the general service (retail) customers that currently pay for utility service pursuant to the existing user rates and charges as previously detailed.

For the purposes of the rate study, it is these customers that will generate revenues based upon the proposed user rates and charges.

2.4.1 Customer Billing Analysis
For the rate study, detailed billing information was provided for each individual customer.

This data offered a breakdown of customers by class, demand characteristics and billed charges. The historical billing data was queried from the City’s electronic billing records. An analysis of the billing data was conducted to obtain an understanding of existing customers, customer classes, and demand characteristics per customer class. In accordance with the

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data, as well as discussions with the City staff, the utility system provides service to various identifiable retail customer classes consisting of:
➢ Single-Family Residential
➢ Multi-Family Residential
➢ Commercial/Non-Residential, and
➢ Schools.

Each of these customer classes embodies certain common characteristics in their utility use and service demand profiles that provide the basis for establishing an equitable allocation of system costs. The billing data was utilized to identify the number of customer accounts within each class and the applicable equivalent residential units (ERUs).

The historical customer data was also utilized to establish growth trends for each customer classification. The growth trends were then used to project the average number of customers within each class and accompanying ERUs for the Test Year plus the remaining years of the Projection Period.

2.5 Financial Projections Under Existing Rates
The projected customers and accompanying ERUs are applied to the existing rates to develop a projection of user rate revenues that would be generated under existing rates.

The revenues are then compared to the projected revenue requirements/expenditures to determine if revenue adjustments are needed. Based on this comparison, it is projected that under the existing rates, the sewer system would not meet its projected operating (O&M) financial obligations, debt service payment or coverage requirements, and cover costs of capital projects. Therefore, revenue increases are required to generate additional cash to fund projected costs of operations and capital projects, meet debt service requirements, and maintain adequate cash reserves. In addition, the City has established an objective of maintaining a target of at least 180 days of cash reserves to help fund ongoing operations in the event of periodic fluctuations in cash flow, and to address unexpected needs that may need to be funded with cash. Since the City collects sewer user revenues through the annual property tax roll, it is essential that there are adequate cash reserves to cover expenditures between cycles of revenue collection from annual property tax roll payments.

The cash-flow statement outlining the projected operating results under existing rates is summarized in Table 7 for the sewer system. The proposed rates and projected financial results are addressed in the subsequent sections of this Report.

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Table 7 – Sewer System Projected Operating Results Under Existing Rates

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Section 3 – Cost-of-Service (COS) Analysis

3.1 General
The costs incurred by a sewer utility system are generally driven by specific service requirements imposed on the system by its customers. There are several different options that can be used to perform a cost-of-service (COS) analysis and the allocation methodology depends upon the basis applied. The sewer cost-of-service analysis detailed in Section 3.2 involves an examination of the number and type of customers served in accordance with the California State Water Resources Control Board (SWRCB) Revenue Program Guidelines for Wastewater Agencies.

3.2 Sewer Cost-of-Service
The COS analysis for the sewer utility utilizes the revenue requirements for the Test Year as the cost basis. The Test Year revenue requirements are functionally unbundled, classified and allocated to customer classes to determine the cost-of-service by class. More detail relating to the sewer COS approach can be found in Appendix B.

3.2.1 Functional Unbundling of Revenue Requirements
The sewer system costs are unbundled into Collection, Treatment, and Customer functions.

A brief description of each component is as follows:
• Collection – costs associated with lines and facilities that transport wastewater from customer properties to treatment facilities;
• Treatment – costs associated with treating wastewater for disposal reclamation and/or discharge;
• Customer – costs associated with metering, billing, and providing other services to customers (e.g., printing, delivering and collecting utility bills, recordkeeping, etc.).

The allocation of the functionally unbundled revenue requirements for the Test Year are summarized in Table 8.

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Table 8 - Functional Unbundled Cost Allocations

3.2.2 Classification of Revenue Requirements
The functionally unbundled revenue requirements for the sewer system are classified into fixed and volumetric customer components based on methodology consistent with the Water Environmental Federation (WEF), Manual of Practice No. 27. It is anticipated that the allocation percentages will not change materially during the Projection Period. However, it is important to note that COS analyses are based on the data at a specific point in time (i.e., the most recent fiscal year). To the extent that weather conditions, economic conditions and customer usage characteristics change during the Projection Period, the cost allocators can be impacted. The system-wide costs by service characteristic are shown in Table 9.

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Table 9 - Classification of Unbundled Revenue Requirements

3.2.3 Allocation to Customer Classes and Unit Cost
Development
The functionalized and classified revenue requirements are allocated to customer classes utilizing a unit cost approach as follows:
• Collection – Based on relative percentage of annual sewer usage; • Treatment – Based on relative percentage of sewer strength discharge (BOD and SS);
• Customer – Based on relative percentage of units by customer class.

The units of service for each component of cost by customer class (if applicable) are provided in Table 10. The units of service consist of the number of customer accounts and accompanying ERUs. Customer accounts are based on the number of customers as provided in the customer data. ERUs are based on the equivalent residential units applied to each customer account.

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Table 10 – Units of Service
The revenue requirement for each cost component is divided by its respective unit of service to calculate a unit cost. The annual “Customer” unit cost per ERU applies to all customers of the system. The “Residential Lift Station” annual unit cost per ERU is an additional charge that only applies to the “SFR – Lift Station” customer group shown in Table 10 above. This additional charge only applies to the “SFR – Lift Station” customer class because extra lift station infrastructure is needed to provide service to these customers, which generates additional operating costs related to only them. The unit cost for each cost component is demonstrated in Table 11.

Table 11 – Cost Per Unit
The allocation of the revenue requirement to each customer class is based on the unit costs for each component multiplied by the units of service for each customer class. The total costs to be recovered from each customer class by rate component are shown in Table 12.

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Table 12 – Cost of Service by Customer Class and Cost Component

3.2.4 COS and Revenue Check
Once the unit costs are developed and the costs associated with each customer class based on the units of service are determined in Section 3.2.3, rates can be developed to ensure that each customer class is generating sufficient revenues to cover their allocated cost of service. The proposed rate structure for the sewer rates are as follows:
• Single-Family Residential Customers – For single-family residential customers, the proposed rates will consist of an annual fixed charge per ERU. • Multi-Family Customers – For multi-family customers, the proposed rates will consist of an annual fixed charge based on the number of ERUs. The multi-family ERUs are determined by applying an 80% factor to the total number of dwelling units (i.e., a multi-family complex with 50 units would be equivalent to 40 ERUs) and then multiplying the adjusted number of ERUs by the charge per ERU. The 80% factor per dwelling unit was provided by the City, and is memorialized in the City’s municipal code, Chapter 13.12.030.
• Commercial/Non-Residential Customers – For commercial/non-residential customers, the proposed rates will consist of an annual fixed charge based on the number of ERUs.
• Schools – For schools, the proposed rates will consist of an annual fixed charge based on the number of ERUs. The total ERUs are determined by applying a 0.031 factor per enrolled student (i.e., a school with an average daily attendance of 100 students would be equivalent to 3.1 ERUs) and then multiplying the adjusted number of ERUs by the charge per ERU. The 0.031 factor per student was provided by the City, and is memorialized in the City’s municipal code, Chapter 13.12.030.

The revenues generated by customer class vs the cost allocated to each customer class is provided in Table 13.

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Table 13– Proposed Rate Revenues vs COS

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Section 4 – Proposed Test Year Rates

4.1 General
The methodology used to calculate the sewer rates proposed herein involves applying the projected customers and ERUs to the user rates in order to develop the estimated revenues, comparing the projected revenues to the estimated Test Year revenue requirements, and adjusting the sewer rates on a percentage basis as necessary to generate the revenues sufficient to meet the revenue needs of the utility system. In addition, there are other factors that must be considered in designing rates to satisfy the City’s objectives. Such other rate considerations include, but are not limited to:

1. Sensitivity to existing customers - the proposed rates must consider the impact on existing customers and avoid putting an inequitable financial burden on any particular customer class.

2. Comparability with neighboring utilities - the proposed rates should consider the rates and charges applied to customers of neighboring utilities of relatively similar size for similar service.

3. Existing rate structure - the proposed rates must consider the logistics and cost/benefit implications of instituting changes to the existing rates and rate structure.

4. Economic and property development - the proposed rates must consider the potential for future development within the City’s service area and ensure that the rates do not make it cost-prohibitive for future development.

The proposed rates developed herein utilize these considerations, as well as discussions with the City staff, professional judgment, and prior experience with comparable utility systems.

When reviewing potential rate structure options in conjunction with the need for additional revenues, it was determined that revenue adjustments are needed, and the existing rate structure needs to be adjusted based on the cost-of-service analysis.

In conjunction with the existing rate structure, the proposed sewer rates for the upcoming fiscal year are composed of an annual per ERU charge. The proposed annual sewer rates for the Test Year are provided again in Table 14.

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Table 14– Proposed Annual Sewer Rates

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4.2 Rate Comparison with Other Utilities
In order to provide the City with additional insight regarding the proposed rate levels, the analysis includes a comparison of both the existing and proposed user rates relative to the user rates imposed by other sewer utility systems located in same region. A summary analysis is provided comparing the cost of monthly sewer service for a typical residential customer calculated under the existing and proposed rates of the City with those of the other utilities.

While the City bills annually through the tax roll, other utility systems bill monthly. Therefore, for purposes of a meaningful comparison, the City’s annual existing and proposed charge per ERU was converted to a monthly charge by dividing the annual charge by twelve months (i.e. the proposed annual charge of $648.78 divided by 12 months equals a monthly charge of $54.07). The rates utilized for the other neighboring utilities shown were in effect as of January of 2024 and are exclusive of local taxes, outside surcharges, franchise fees, regulatory fees, or other rate adjustments. A monthly summary comparison with other utilities for a residential customer is illustrated in Figure 1.

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It should be noted that when making comparisons for sewer service, several factors affect the level of rates and charges. Such factors may include:
1) Terms of wholesale service agreements;
2) Time since last rate update for comparison providers; 3) Level of treatment and effluent disposal methods of sewer service; 4) Anticipated capital improvement programs and capital financing methods; 5) Plant capacity utilization, age of facilities, and assistance in construction by federal or state grants, connection fees, developer contributions, etc.; 6) General Fund and/or administrative fee transfers made by other systems which may account for differences in the level of rates charged; and 7) Bond covenants and funding requirements of the rates.

For the utilities included in the rate comparisons, no analysis has been performed with consideration of the above-mentioned factors as they relate to the reported sewer rates currently being charged.

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Section 5 – Projected Operating Results

5.1 General
As a conclusion to the study, a proforma operating statement is developed for the sewer system. The statement summarizes the projected financial results based on the system revenues, expenses and other revenue requirements anticipated in future years.

The individual operating statements cover the 5-fiscal year Projection Period through June 30, 2029, and are prepared on a cash-flow basis. In addition, the proforma statement includes the applicable annual percentage rate adjustments necessary to meet the projected revenue requirements. The following discussions describe the development of the major components of the projected operating results.

5.2 Projected User Rate Revenues
The user rate and charge revenues are estimated by applying the existing and proposed rates to the projected customers and ERUs. The resulting revenues are then compared to the projected revenue requirements (i.e., O&M expenses, debt service, capital outlay, transfers, etc.) in each fiscal year to determine if the revenues are sufficient to satisfy the expenditure needs of the system. To the extent that there are revenue shortfalls in any given year of the Project Period, the sewer rates developed from the Cost-of-Service and Rate analysis outlined in Section 3 of this report are adjusted on a percentage basis as necessary to generate the required level of revenues. The projected sewer user rate revenues are provided in Table 15.

Table 15 – Projected User Rate Revenues
The projected revenues include the annual sewer rate adjustments anticipated for the remaining years of the Projection Period beyond the Test Year. The proposed user rates from which the projected operating results are developed for the entire 5-fiscal year Projection Period are provided in Table 16. The rates identified in the table below reflect the cost of providing service to individual customer classes based on customer characteristics.

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Table 16 – Proposed Annual Sewer Rates
The projected user rates provided herein for the periods beyond the Test Year are intended for strategic planning purposes, and to provide the City with the estimated future rates that may be needed to satisfy the projected cash flow requirements. The rates are developed in accordance with the assumed customer, ERU, expenditure, and revenue estimates projected in this rate study. It is important to note that, since it is necessary to utilize numerous assumptions to develop the projected operating results, to the extent that actual customers, ERUs and/or system expenditures differ from those assumed herein, additional rate adjustments may be required. For informative purposes, the annual charge for a representative City residential customer based on the projected rates, as well as the accompanying change in the annual charge for each year of the Projection Period is included herein. An illustration of the projected annual charge for a residential customer receiving one ERU is provided in Figure 2.

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5.3 Debt Service Coverage
The sewer operating statement also includes a calculation of the annual debt service coverage. Debt service coverage is generally viewed as an indicator of the financial strength of the utility. The debt service coverage ratio is broadly calculated by dividing the net revenues by the annual debt service requirement. For the purposes of the debt service coverage calculation developed herein, the net revenues consist of the total operating revenues (user rate revenues plus other revenues) less the O&M expenses. In accordance with the requirements of the outstanding loan agreements, the City must maintain coverage of at least 120% (1.20 times) of the annual debt service payment. The pro-forma operating statement indicates that the sewer system is expected to meet or exceed the required minimum level of debt service coverage in each fiscal year of the Projection Period. It is important to note that the coverage results are provided for informative purposes only and are not intended as a legally supportable calculation for representation to bondholders. The debt service coverage for the sewer enterprise system over the projection period is provided in Table 17.

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Table 17 –Sewer Utility System Projected Debt Service Coverage

5.4 Summary of Projected Operating Results
The cash-flow statement outlining the projected operating results is summarized in Table 18 for the sewer system. The projected results are graphically illustrated in Figure 3 for the sewer system. The results demonstrate that the proposed rates and charges along with the other system revenues are anticipated to be sufficient to satisfy the projected revenue requirements and capital needs of the utility system.

Table 18 – Sewer System Projected Operating Results

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Section 6 – Conclusions and Recommendations

6.1 Disclaimers

6.1.1 General Disclaimer
In the development of the proposed user rates and charges, certain historical reviews and analyses have been performed, together with the application of assumptions based on prudent financial, operational, and ratemaking relationships. The cost criteria and customer usage characteristics associated with general ratemaking procedures are representative of averages and are not intended as indicators of any individual customer.

In the preparation of the rate study, certain assumptions have been made with respect to conditions that may occur in the future. While it is believed that these assumptions are reasonable for the purpose of this update, they are dependent upon future events and actual conditions may differ from those assumed. In addition, the study has used and relied upon certain information that was provided by other parties not associated with Willdan.

Such information includes, among other things, the City’s audited financial statements, annual operating budgets, periodic reports, and other information and data provided by the City, its independent auditors, and other sources. While the sources are believed to be reliable, there has been no independent verification of the information, and no assurances are offered with respect thereto. To the extent that future conditions differ from those assumed herein or provided by others, the actual results may vary from those projected.

6.1.2 Municipal Advisory Disclaimer
Unless the City of Arvin, California (the “City”) has a written engagement from Willdan Financial Services (“Willdan”) for municipal advisory services, Willdan is not advising or recommending any action be taken by the recipient of this information with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms and other similar matters concerning such financial products or issues). The City shall discuss any such information and material contained in Willdan’s work product with any and all internal and/or external advisors and experts, including its own municipal advisor, that it deems appropriate before acting on the information and material.

For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash-flow analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it

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provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto.

6.2 Conclusions
As previously addressed, the purpose of this study is to provide a review of the City’s existing utility rates to determine if rate adjustments are necessary to meet the budgeted and/or projected financial needs in future years. This Report is the result of the collaborative efforts of representatives from both the City and Willdan. City staff were diligent and cooperative in their efforts to ensure the availability and quality of source data on financial and operating matters. Based on the reviews, analyses and assumptions discussed herein, it is concluded that:

1. The proposed user rates and charges are anticipated to generate sufficient revenues to meet the revenue requirements of the system based upon the projected expenditures, transfers, customers, and ERUs estimated for the Test Year. The proposed rates are based on an assumed implementation date of July 1, 2024 (or other such date as determined by the City). To the extent that the implementation date is postponed, additional rate adjustments and/or appropriations from existing reserves may be necessary.

2. The estimated revenues and resulting rate adjustments for the remaining years of the Projection Period beyond the Test Year are developed based on the customer growth assumptions generated from the historical analyses and discussions with City staff. If the customer growth projections are not realized, additional rate adjustments may be necessary.

3. Customer growth for the sewer system is projected based on historical customer data as provided by the City as well as discussions with the City staff regarding development activity and anticipated construction. If it turns out that the customer growth assumptions are not realized, the resulting revenues could be different than projected.

4. Future capital improvement projects are assumed to occur as reported by the City in its CIP. To the extent that the timing of such projects may change from that estimated herein, the cost of such projects and resulting impact on future rates and charges may vary from those indicated.

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5. The proposed rates and rate structure are consistent with industry standards for rate-setting practices, comply with Proposition 218 and conform to the City’s financial policies with respect to:
a. Equitably recovering costs;
b. Being based upon the proportionate cost of providing services; and c. Generating sufficient revenue to recover system revenue requirements, meet debt service coverage requirements, fund capital needs, and meet reserve requirements.

6.3 Recommendations
Based on the reviews, analyses and assumptions addressed herein, as well as the resulting conclusions provided above, it is respectfully recommended that the City:

1. Adopt the proposed sewer rates to be placed on the secured annual property tax roll.

2. Enact the proposed rates to become effective as of July 1, 2024 (or other such date as determined by the City). Based on the timing of the project and the required public hearing notice procedures, it is expected that the effective date will occur on the recommended date.

3. Readdress the cost-of-service analysis portion of this study every three to five years to ensure costs are recovered consistent with cost-of-service principles and customer characteristics.

We appreciate the opportunity to be of service to the City in this engagement. In addition, we would like to thank City staff for the valuable assistance provided during the completion of the rate study.

Respectfully Yours,

WILLDAN FINANCIAL SERVICES

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Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study)

APPENDIX

DETAIL FOR THE COMPREHENSIVE SEWER

UTILITY RATE STUDY

COMPREHENSIVE SEWER UTILITY RATE STUDY FOR THE

CITY OF ARVIN, CALIFORNIA

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Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study)

APPENDIX A
Revenue Requirement
from User Rates

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Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study)

APPENDIX - A

CITY OF ARVIN, CA
Development of Rate Revenue Requirements - Sewer
[A] [B] [C]=[A]*[B]
FY 2025 % to Sewer Sewer
1 Total Operating Revenues $ 3,501,587 $ 3,501,587
Less:

Other Operating Revenues
2 Interest Income $ - 100% $ -
3 Sewer Fees, Direct Billing - 100% -
4 Sewer Fees Via Kern County - 100% -
5 Sewer Hook-Up Fees - 100% -
6 Total Other Operating Revenues - -
7 Total Rate Revenue Requirement $ 3,501,587 100% $ 3,501,587 Line No: Description Test Year for Rate Revenue Requirement A - 1

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Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of

APPENDIX B
Sewer Cost-of-Service
Analysis

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Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study)

APPENDIX - B

CITY OF ARVIN, CA
Allocation of Test Year Costs to Sewer Function
Line No: Expense Group FY 2025
1 Collection $15,450
2 Treatment 2,300,078
3 Administration 432,166
4 Pumping 0
5 Customer Service 0
6 Transfers 0
7 Existing Debt 343,347
8 New Debt 0
9 CIP 1,500,000
10 Capital Outlay 0
11 Total $ 4,591,041
Test Year Revenue Requirement
B - 1

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Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study)

APPENDIX - B

CITY OF ARVIN, CA
Sewer Customer and Equivalent Residential Unit Calculation - Test Year FY 2025 [A - 1] [B - 1] [C - 1] [D - 1] [E - 1] [F - 1]
Class --> Single Family Multi Residence SFR after 1997 SFR - Lift Station Business Schools Billing Basis--> Units Units Units Units Units Units
1 All Customers 2,131 81 1,100 304 125 6 3,747
2 Total 2,131 81 1,100 304 125 6 3,747
[A - 2] [B - 2] [C - 2] [D - 2] [E - 2] [F - 2]
Class --> Single Family Multi Residence SFR after 1997 SFR - Lift Station Business Schools Billing Basis--> Units Units Units Units Units Units
11 All Customers 2,335 996 1,161 304 394 189 5,379
12 Total 2,335 996 1,161 304 394 189 5,379
Customer Accounts
Line No: Meter Size Total
Total Equivalent Residential Units
Line No: Meter Size Total
B - 2

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Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of

APPENDIX - B

CITY OF ARVIN, CA
Sewer Customer Account & ERUs by Customer Class - Test Year FY 2025 Total Total
Accounts ERUs
Residential Classes
1 Single Family 2,131 2,335
2 Multi Residence 81 996
3 SFR after 1997 1,100 1,161
4 SFR - Lift Station 304 304
5 Sub-Total Residential 3,616 4,796
Non-Residential Classes
6 Business 125 394
7 Schools 6 189
8 Sub-Total Non-Residential 131 583
9 Sewer System Total 3,747 5,379
Line No: Description
B - 3

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Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study)

APPENDIX - B

CITY OF ARVIN, CA
Allocation of Sewer Costs - Test Year FY 2025
Line No: Description Sewer Costs Customer Residential
Lift Station Total (Check)
Allocation Factors:
1 Treatment 100.00% 0.00% 100.00%
2 Collection 0.00% 100.00% 100.00%
3 Administration 100.00% 0.00% 100.00%
4 Pumping 100.00% 0.00% 100.00%
5 Customer Service 100.00% 0.00% 100.00%
6 Transfers 100.00% 0.00% 100.00%
7 CIP 100.00% 0.00% 100.00%
8 Capital Outlay 100.00% 0.00% 100.00%
9 Existing Debt 100.00% 0.00% 100.00%
10 New Debt 100.00% 0.00% 100.00%
Allocation of Costs:
11 Treatment $ 2,300,078 $ 2,300,078 $ - $ 2,300,078
12 Collection 15,450 - 15,450 15,450
13 Administration 432,166 432,166 - 432,166
14 Pumping - - - -
15 Customer Service - - - -
16 Transfers - - - -
17 CIP 1,500,000 1,500,000 - 1,500,000
18 Capital Outlay - - - -
19 Existing Debt 343,347 343,347 - 343,347
20 New Debt - - - -
21 Non-Rate Rev & Fund Balance (1,089,454) (1,085,788) (3,666) (1,089,454) 22 Total $ 3,501,587 $ 3,489,803 $ 11,784 $ 3,501,587
Total Units of Service 5,379 304
Units ERUs/Yearly ERUs/Yearly
Cost Per Unit $ 648.78 $ 38.76
Units ERUs/Yearly ERUs/Yearly
B - 4

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of

APPENDIX - B

CITY OF ARVIN, CA
Sewer Cost of Service by Cost Component and Customer Class - Test Year FY 2025 [A] [B] [C]
Customer Residential Lift
Station Total
1 Single Family $ 1,514,908 $ - $ 1,514,908
2 Multi Residence 646,188 - 646,188
3 SFR after 1997 753,237 - 753,237
4 SFR - Lift Station 197,230 11,784 209,014
5 Business 255,620 - 255,620
6 Schools 122,620 - 122,620
7 Total $ 3,489,803 $ 11,784 $ 3,501,587
Line No: Description
B - 5

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of

APPENDIX - B

CITY OF ARVIN, CA
Sewer Rate Calculation - Test Year FY 2025
[A] [B] [C] [D] [E]
Fixed Rate
Costs Yearly ERUs
Proposed
Yearly Fixed
Fee
Existing Yearly
Fixed Fee
Yearly Fixed
Fee Difference
1 Single Family $ 1,514,908 2,335 $ 648.78 $ 571.74 $ 77.04 2 Multi Residence $ 646,188 996 $ 648.78 $ 571.74 $ 77.04 3 SFR after 1997 $ 753,237 1,161 $ 648.78 $ 571.74 $ 77.04 4 SFR - Lift Station $ 209,014 304 $ 687.55 $ 603.73 $ 83.82 5 Business $ 255,620 394 $ 648.78 $ 571.74 $ 77.04
6 Schools $ 122,620 189 $ 648.78 $ 571.74 $ 77.04
Line No: Customer Class
Residential Classes
Non-Residential Classes
B - 6

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of

APPENDIX - B

CITY OF ARVIN, CA
Sewer Revenue vs Cost of Service by Customer Class Check - Test Year FY 2025 [A] [B] [C]=[A]*[B]*1 [D] [E]=[D]-[C]
Yearly ERUs
Proposed
Yearly Fixed
Fee
Total Fixed Fee
Revenue Total COS
Difference
Calc vs COS
1 Single Family 2,335 $ 648.78 $ 1,514,908 $ 1,514,908 $ - 2 Multi Residence 996 $ 648.78 $ 646,188 $ 646,188 $ -
3 SFR after 1997 1,161 $ 648.78 $ 753,237 $ 753,237 $ - 4 SFR - Lift Station 304 $ 687.55 $ 209,014 $ 209,014 $ - 5 Business 394 $ 648.78 $ 255,620 $ 255,620 $ -
6 Schools 189 $ 648.78 $ 122,620 $ 122,620 $ -
7 Total 5,379 $ 3,501,587 $ 3,501,587 $ -
Line No: Customer Class
B - 7

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Proposed Annual Operating Budget
Fiscal Year 2020 - 2021 27368 Via Industria, Suite 200
Temecula, CA 92590
800.755.6864 | Fax: 888.326.6864
www.willdan.com

3.B.2
Attachment: City of Arvin Comprehensive Sewer Utility Rate Study Report - Final Draft_031224 (City of Arvin Sewer Utility Rate Study) 3/1/2024 2:10:58 PM Page 1 of 7
Payment Register
City of Arvin APPKT00623 - FOR AP 2/29/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1253
Vendor Number

ARMANDO PANTOJA
Total Vendor Amount
1,677.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 1,677.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ICI CORUSE TRAINING ICI CORUSE TRAINING 02/21/2024 02/21/2024 0.00 1,677.96 1172
Vendor Number

BAKERSFIELD ANIMAL HOSPITAL
Total Vendor Amount
185.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 185.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5370685055 PET EUTHANASIA 12/29/2023 12/29/2023 0.00 185.00 1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
29,183.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 29,183.19
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 240430103277 MEDICAL MARCH 2024 02/01/2024 02/01/2024 0.00 29,183.19 1205
Vendor Number

CLEAN CUT LANDSCAPE MANAGEMENT INC
Total Vendor Amount
3,725.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 3,725.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4614 ARVIN LANDSCAPE & MAINT LLMD NO. 1 JAN24 01/31/2024 01/31/2024 0.00 3,000.00 4615 ARVIN LANDSCAPE & MAINT LLMD NO. 2 JAN 2024 01/31/2024 01/31/2024 0.00 725.00 1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
218.41
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 218.41
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2301478 CHIRO SVCS MARCH 2024 02/08/2024 02/08/2024 0.00 218.41 1058
Vendor Number

DEPARTMENT OF JUSTICE
Total Vendor Amount
571.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 571.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 711189 FINGERPRINT SVCS JANUARY 2024 02/05/2024 02/05/2024 0.00 571.00 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
740.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 740.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0246 BUS WASH AND BUMPER SHINE 01.19.24 01/19/2024 01/19/2024 0.00 400.00 INV0253 BUS WASH AND BUMPER SHINE 2.23.24 02/23/2024 02/23/2024 0.00 340.00

4.A.1
Attachment: Demand Register(s) of February 23, 2024 - March 07, 2024 (Demand Register(s) of February 23, 2024 - March 07, 2024.) Payment Register APPKT00623 - FOR AP 2/29/2023
3/1/2024 2:10:58 PM Page 2 of 7
1062
Vendor Number
FEDEX
Total Vendor Amount
111.07
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 111.07
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-411-03885 CITY HALL POSTAGE 02.09.24 02/16/2024 02/16/2024 0.00 41.62 8-417-46363 SHIPPING SVCS 02.15.24 02/23/2024 02/23/2024 0.00 69.45 1100
Vendor Number

FERNANDO LOPEZ
Total Vendor Amount
320.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 320.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

01.29.24 INTERPRETER SERVICES 01.29.24 01/29/2024 01/29/2024 0.00 160.00

02.20.2024 INTERPRETER SERVICES 02.20.2024 02/20/2024 02/20/2024 0.00 160.00 1367
Vendor Number

FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
22,518.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 22,518.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1463 ARVIN CDBG CV2-3-00141 NAV SVCS AUGUST 2023 09/01/2023 09/01/2023 0.00 22,518.06 1178
Vendor Number

GOLDEN EMPIRE TOWING INC
Total Vendor Amount
902.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 902.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 81539 TOWING FOR EVIDENCE 02/08/2024 02/08/2024 0.00 902.50 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
127.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 127.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 436643 FUEL DELIVERY PER PEDRO 02/07/2024 02/07/2024 0.00 127.55 1582
Vendor Number
IAPE
Total Vendor Amount

65.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 65.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount M24-C680674 REMNEWAL MEMBERSHIP FOR JASMIN G. 01/02/2024 01/02/2024 0.00 65.00 1158
Vendor Number

INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS
Total Vendor Amount
185.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 185.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1/10/2024 MEMBERSHIP RENEWAL 01/10/2024 01/10/2024 0.00 185.00 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
2,475.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 2,475.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE2 INVOICE 2 02/01/2024 02/15/2024 0.00 2,475.00

KAISER PERMANENTE
Total Vendor Amount
33,715.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 33,715.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUIK 690201404 MARCH2024MEDICAL MARCH 2024 02/05/2024 02/05/2024 0.00 33,715.83 1408
Vendor Number

KOSMONT REAL ESTATE SERVICES
Total Vendor Amount
1,807.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 1,807.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2204.3-021 ARVIN RE ADVISORY & BROK JAN 2024 01/31/2024 01/31/2024 0.00 1,807.00 1659
Vendor Number

LABORERS OF THE HARVEST
Total Vendor Amount

11.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 11.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REFUND OF $11 REFUND OF $11 02/21/2024 02/21/2024 0.00 11.00 1096
Vendor Number

LEAGUE OF CA CITIES SSJVD
Total Vendor Amount
194.10
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 194.10
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8069 SOUTH SAN JOAQUIN MEMBERSHIP DUES 01/20/2024 01/20/2024 0.00 194.10 1331
Vendor Number

LN CURTIS & SONS
Total Vendor Amount
1,442.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 1,442.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV790903 ARMOR OFFICER RICHARD B. 02/09/2024 02/09/2024 0.00 1,442.25 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
1,628.65
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 1,628.65
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14002436 UNIT 211 REPAIR BROKEN AIR LINE 02/01/2024 02/01/2024 0.00 601.76 14002479 UNIT 110 REPAIR NON OPERATING PASSENGER HEADLIGHT02/01/2024 02/01/2024 0.00 458.18 14002480 UNIT 211 REPAIR NON OPERATING WHEELCHAIR LIFT 02/01/2024 02/01/2024 0.00 568.71 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
666.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 666.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 738214 BIN RENT AND 4 YD ROLL OFF JAN2024 02/09/2024 02/09/2024 0.00 666.14 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount

45.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 45.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34679 UNIT 299 PATCH TIRE 02/12/2024 02/12/2024 0.00 45.00

4.A.1
Attachment: Demand Register(s) of February 23, 2024 - March 07, 2024 (Demand Register(s) of February 23, 2024 - March 07, 2024.) Payment Register APPKT00623 - FOR AP 2/29/2023
3/1/2024 2:10:58 PM Page 4 of 7
1108
Vendor Number
PG & E
Total Vendor Amount
25,852.23
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 25,852.23
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ELEC SVC 01.11.24-02.11.24 ELEC SVC 01.11.24-02.11.24 02/12/2024 02/12/2024 0.00 25,852.23 1113
Vendor Number

PRINTING SYSTEMS
Total Vendor Amount

94.50 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 94.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 231909 MUNICIPAL FORMS/ BUSINESS LICENSE 02/06/2024 02/06/2024 0.00 94.50 1114
Vendor Number

PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
708.39
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 708.39
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARV 2/8/2024 ARV 2/8/2024 02/08/2024 02/08/2024 0.00 708.39 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,182.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 1,182.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63250758 WEEK ENDING 2/23/24 JAZMIN C. 02/26/2024 02/26/2024 0.00 1,002.54 63262623 FOR 2/19/24 HOLIDAY 02/27/2024 02/27/2024 0.00 180.00 1202
Vendor Number

SINTRA GROUP
Total Vendor Amount
4,559.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 4,559.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2024109 BACKGROUND INVESTIGATION MICHAEL G. 02/13/2024 02/13/2024 0.00 4,559.25 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
290.97
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 290.97
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901020124 SERVICE 02.01.24-02.29.24 02/01/2024 02/01/2024 0.00 290.97 1129
Vendor Number

SUN RIDGE SYSTEMS
Total Vendor Amount
16,915.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 16,915.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7919 RIMS ANNUAL SUPPORT 11/17/2023 11/17/2023 0.00 16,915.00 1355
Vendor Number

UNIFORM HEADQUARTERS
Total Vendor Amount
659.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 659.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 069680 K-9 SUBDUDE PATCHES 07/14/2023 07/14/2023 0.00 659.30

UNITED RENTALS INC
Total Vendor Amount
9,163.28
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 9,163.28
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 229076235-003 EQUIPMENT FOR REPAIRS 02/24/2024 02/24/2024 0.00 9,163.28 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
171,602.35
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 171,602.35
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000136365 O & M SERVICES WASTEWATER DECEMBER 2023 01/25/2024 01/25/2024 0.00 171,602.35 1259
Vendor Number

VINCENTE MEDRANO
Total Vendor Amount
1,677.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 1,677.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ICI CORUSE TRAINING ICI CORUSE TRAINING 02/21/2024 02/21/2024 0.00 1,677.96 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
308.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 308.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5028510061 COPIER LEASE ARVIN PD 01.29.24-02.28.24 02/03/2024 02/03/2024 0.00 183.87 5028510062 COMM DEV LEASE 01.30.24-02.28.24 02/03/2024 02/03/2024 0.00 124.49 1555
Vendor Number

WEX BANK
Total Vendor Amount
12,403.59
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 12,403.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 95270220 FUEL USAGE FOR FEBRUARY 02/25/2024 02/25/2024 0.00 12,403.59 1639
Vendor Number

WILLDAN FINANCIAL SERVICES
Total Vendor Amount
2,240.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 2,240.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 010-56692 COST ALLOCATION FOR SEWER OPERATIONS 11/17/2023 11/17/2023 0.00 2,240.00 1147
Vendor Number

ZEE MEDICAL SERVICE
Total Vendor Amount

94.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 94.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34-2002023 COMM DEV. MEDICAL SUPPLIES 02/15/2024 02/15/2024 0.00 94.00 Bank: PY - Payroll Vendor Payables
1006
Vendor Number

ALLSTATE
Total Vendor Amount
217.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/01/2024 217.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001047 ALLSTATE 01/19/2024 01/19/2024 0.00 108.73
INV0001068 ALLSTATE 02/02/2024 02/02/2024 0.00 108.73

4.A.1
Attachment: Demand Register(s) of February 23, 2024 - March 07, 2024 (Demand Register(s) of February 23, 2024 - March 07, 2024.) Payment Register APPKT00623 - FOR AP 2/29/2023
3/1/2024 2:10:58 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 46 38 0.00 350,266.43
Packet Totals: 46 38 0.00 350,266.43
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check21 0.00 217.46
Packet Totals:
21 0.00 217.46

4.A.1
Attachment: Demand Register(s) of February 23, 2024 - March 07, 2024 (Demand Register(s) of February 23, 2024 - March 07, 2024.) 3/7/2024 10:20:24 AM Page 1 of 6
Payment Register
City of Arvin APPKT00625 - FOR AP 3/6/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1000
Vendor Number
A1 BATTERY
Total Vendor Amount
330.37
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 330.37
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 96238 APD GENERATOR 02/13/2024 02/13/2024 0.00 330.37
1207
Vendor Number

ACC BUSINESS
Total Vendor Amount
962.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 962.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 240425984 INTERNET ACC 01.11.24-02.10.24 03/06/2024 03/06/2024 0.00 962.26 1707
Vendor Number

ANEL BEDOLLA
Total Vendor Amount
560.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 560.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $560 REIMBURSEMENT OF $560 FOR VET'S HALL 02/29/2024 02/29/2024 0.00 560.00 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
7,187.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 7,187.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount WATER SERVICES 01.25.24-02.23.24 WATER SERVICES 01.25.24-02.23.24 03/06/2024 03/06/2024 0.00 7,187.76 1150
Vendor Number
AT&T
Total Vendor Amount
1,161.17
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 1,161.17
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000021197580 9391059040 SERVICE 01.01.24-01.31.24 02/01/2024 02/01/2024 0.00 932.05 000021197811 9391060015 SERVICE 01.01.24-01.31.24 03/06/2024 03/06/2024 0.00 229.12 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
376.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 376.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X02282024 PW + COMM DEV + CH CELL PHONES 02.23.24-03.22.24 03/06/2024 03/06/2024 0.00 376.32 1292
Vendor Number

CANON FINANCIAL SERVICES INC
Total Vendor Amount
809.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 809.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32087391 PRINTER LEASE FOR CH, FIN TRLR, & TRANSIT MARCH24 02/10/2024 02/10/2024 0.00 809.89

COMMUNICATION ENTERPRISES
Total Vendor Amount
420.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 420.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1117466 LTR 450 DISPATCH PW FEB 2024 02/06/2024 02/06/2024 0.00 240.00 1117467 LTR 450 DISPATCH TRANSIT FEBRUARY 2024 02/06/2024 02/06/2024 0.00 180.00 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

3.41 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 3.41
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 517125 SMOTHERMON PARK FENCE BOLTS 02/26/2024 02/26/2024 0.00 3.41 1708
Vendor Number

DS SERVICES OF AMERICA, INC,
Total Vendor Amount

2.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 2.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount OVERPAYMENT OF $2 OVERPAYMENT OF $2 FOR BUSINESS LICENSE 02/28/2024 02/28/2024 0.00 2.00 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
1,385.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 1,385.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0252 ARVIN PD FLEET WASH 02.21.24 02/21/2024 02/21/2024 0.00 725.00 INV0254 ARVIN PD FLEET WASH 02.27.24 02/27/2024 02/27/2024 0.00 660.00 1062
Vendor Number
FEDEX
Total Vendor Amount

70.05 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 70.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-424-77427 SHIPPING SVCS COA 2/28/24 03/01/2024 03/01/2024 0.00 70.05 1100
Vendor Number

FERNANDO LOPEZ
Total Vendor Amount
160.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 160.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

02.26.24 INTERPRETER SERVICES 02.26.24 02/26/2024 02/26/2024 0.00 160.00 1367
Vendor Number

FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
73,458.59
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 73,458.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1483 ARVIN CDBG CV2-3-00141 NAV SVCS SEPT. 2023 10/04/2023 10/04/2023 0.00 23,540.71 1502 ARVIN CDBG CV2-3-00141 NAV SVCS OCT. 2023 11/02/2023 11/02/2023 0.00 26,593.40 1515 ARVIN CDBG CV2-3-00141 NAV SVCS NOV.2024 12/04/2023 12/04/2023 0.00 23,324.48 1065
Vendor Number

GALLS LLC
Total Vendor Amount

61.90 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 61.90
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 027088591 PADDLE HANDCUFF AND MAG COMBO 02/14/2024 02/14/2024 0.00 61.90

GUARDIAN
Total Vendor Amount
7,584.87
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 7,584.87
Payable Number Description Payable Date Due Date Discount Amount Payable Amount OUP ID 00 473727 MARCH 2024BUNDLE INSURANCE MARCH 2024 02/22/2024 02/22/2024 0.00 7,584.87 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
1,375.66
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 1,375.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8634 UNIT 294 AXLE SHIFT REPLACE& OIL CHANGE 02/20/2024 02/20/2024 0.00 1,030.66 8651 UNIT 292 REPAIR EXHAUST & LOWER SKID PLATE 02/27/2024 02/27/2024 0.00 345.00 1095
Vendor Number

KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount
1,150.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 1,150.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 156402 SQUARE MAGNUM 02/15/2024 02/15/2024 0.00 804.60
156405 ULTRA OIL 1 GAL 02/15/2024 02/15/2024 0.00 173.09 156406 ULTRA OIL 1 GAL 02/15/2024 02/15/2024 0.00 173.09 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 214.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 740395 BIN RENT AND 4 YD ROLL OFF MARCH2024 03/01/2024 03/01/2024 0.00 214.16 1199
Vendor Number

MUNISERVICES / AVENU
Total Vendor Amount
625.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 625.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV06-018136 STARS CA - Q3, 2023 03/06/2024 03/06/2024 0.00 625.16 1108
Vendor Number
PG & E
Total Vendor Amount

24.64 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 24.64
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9307046200-2 01.24.24-02.22.24 9307046200-2 01.24.24-02.22.24 02/26/2024 02/26/2024 0.00 24.64 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
7,057.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 7,057.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 122134 ON CALL LAND SURVEYING 01.07.24-02.03.24 02/12/2024 02/12/2024 0.00 6,283.00 122189 ON CALL PROF. SERV. 01.7.24-02.03.24 02/13/2024 02/13/2024 0.00 774.00 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63282011 WEEK ENDING 03/01/24 JAZMIN C. 03/04/2024 03/04/2024 0.00 1,293.60

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,875.59
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 1,875.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES FEB 2024UNIFORM SERVICES FEB 2024 03/05/2024 03/05/2024 0.00 1,875.59 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
285.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 285.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5028693044 COMM DEV LEASE 02.12.24-03.11.124 02/15/2024 02/15/2024 0.00 285.91 1639
Vendor Number

WILLDAN FINANCIAL SERVICES
Total Vendor Amount
1,125.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 1,125.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 010-57484 CITY COST ALLOCATION JANUARY 2024 02/13/2024 02/13/2024 0.00 1,125.00 Bank: PY - Payroll Vendor Payables
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
950.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 950.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001103 APOA Dues 03/01/2024 03/01/2024 0.00 950.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
991.97
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 991.97
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001104 SEIU Dues 03/01/2024 03/01/2024 0.00 27.00
INV0001105 SEIU Dues 03/01/2024 03/01/2024 0.00 964.97
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/07/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001107 ALEX GHAZARIAN 03/01/2024 04/15/2024 0.00 300.00

4.A.1
Attachment: Demand Register(s) of February 23, 2024 - March 07, 2024 (Demand Register(s) of February 23, 2024 - March 07, 2024.) Payment Register APPKT00625 - FOR AP 3/6/2024
3/7/2024 10:20:24 AM Page 5 of 6
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 35 26 0.00 109,561.09
Packet Totals: 35 26 0.00 109,561.09
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check43 0.00 2,241.97
Packet Totals:
43 0.00 2,241.97

4.A.1
Attachment: Demand Register(s) of February 23, 2024 - March 07, 2024 (Demand Register(s) of February 23, 2024 - March 07, 2024.)

4.B.1
Attachment: Payroll Register(s) of March 01, 2024 (Approval of Payroll Register(s) of March 01, 2024.)

4.B.1
Attachment: Payroll Register(s) of March 01, 2024 (Approval of Payroll Register(s) of March 01, 2024.) Arvin City Council Meeting Minutes – February 27, 2024

Page 1 of 5 ends

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

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

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of February 27, 2024 (Minutes of the Regular Meeting(s) of February 27, 2024.) Arvin City Council Meeting Minutes – February 27, 2024

Page 2 of 5 ends

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) 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 July 1, 2024 to July 4, 2024 Contingent Upon the Arvin Little League Obtaining Zoning Clearance from the City of Arvin’s Planning Department and 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

Page 3 of 5 ends

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 Public Hearing to Discuss the Closeout of the City of Arvin’s Community Development Block Grant (CDBG) 18-CDBG-12902 City of Arvin Franklin 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 ITEM(S)
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.

Page 4 of 5 ends

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

Page 5 of 5 ends

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

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

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): 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 submitted,
Cecilia Vela, City Clerk

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of February 27, 2024 (Minutes of the Regular Meeting(s) of February 27, 2024.)

CITY OF ARVIN
Staff Report
Meeting Date: March 12, 2024
TO: Arvin City Council
FROM: Hesham Elshazly, Transit Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Approving the Sale or Disposal of a Transit Bus Declared as Surplus.

BACKGROUND:

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

Removing these items from the City’s Transit and City Hall facilities would assist in providing additional space needed to store other items and with the general housekeeping and maintenance of the areas. City staff is proposing to sell or dispose of Bus # 209, which is no longer operational, and it is unknown if sale proceeds are anticipated due to the bus having exceeded its useful life of more than 10 years. This bus has a blown engine that would cost up to $75,000 to replace the engine, and the City has an FTA grant to replace this diesel bus with a zero-emissions electric bus.

The following transit vehicle and equipment is to be sold or disposed of as surplus in their current non-operational condition:

Bus # VIN # Year
License
Plate
Vehicle
Type Manufacturer Model Chassis Mileage
209 4UZADRDU2DCFD0768 2013 1381546 Transit
Bus
Glaval F Liner F Liner
M2
152,600
If the City Council determines that this transit vehicle is surplus and authorizes its sale and/or disposal, the City Manager’s Department and Finance Department intend to sell or dispose of this bus due to its nonoperational status.

STAFF RECOMMENDATION:

Staff recommends approval of the resolution.

FINANCIAL IMPACT:

No fiscal impact.

ATTACHMENTS:

A Resolution of the City Council of the City of Arvin Approving the Sale or Disposal of A Transit Bus Declared as Surplus.

4.D.1
Attachment: Staff Report re Approving Sale or Disposal of Transit Bus No. 209 Declared as Surplus_031224 (Sale or Disposal of Transit Bus

Page 1 of 2 ends

Reso Approving the Sale or Disposal of a Transit Bus Declared as Surplus.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING THE SALE OR DISPOSAL OF A TRANSIT BUS
DECLARED AS SURPLUS.

WHEREAS, Arvin Municipal Code (AMC) Section 3.08.110 (Surplus property-Sale or other disposal) establishes a procedure to declare equipment surplus; and WHEREAS, AMC Section 3.08.110 (A) states that all department heads of the city shall submit to the city council at such times, and in such form as may be prescribed, reports showing stock, materials, equipment and any real property on hand not then in use in said department.

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

Bus # VIN # Year
License
Plate
Vehicle
Type Manufacturer Model Chassis Mileage
209 4UZADRDU2DCFD0768 2013 1381546 Transit
Bus
Glaval F Liner F Liner
M2
152,600
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby resolve:

1. The above recitals are true and correct.

2. The City Council of the City of Arvin hereby declares the above-described vehicle is surplus and authorizes its sale or disposal by the City Manager.

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

4.D.2
Attachment: Reso Approving Sale or Disposal of Transit Bus No. 209 Declared as Surplus_031224 (Sale or Disposal of Transit Bus Declared as

Page 2 of 2 ends

Reso Approving the Sale or Disposal of a Transit Bus Declared as Surplus.

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 12th day of March 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

SUSANA REYES, Mayor Pro Tem
APPROVED AS TO FORM:

By:

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

4.D.2
Attachment: Reso Approving Sale or Disposal of Transit Bus No. 209 Declared as Surplus_031224 (Sale or Disposal of Transit Bus Declared as Staff Report – Reso to Approve 2023 Housing Element Annual Progress Report.

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: March 12, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin to Approve the 2023 Housing Element Annual Progress Report.

BACKGROUND:

In March 2018, the City Council adopted the 2013-2023 Arvin Housing Element Amendment, and in April 2018, the city received HCD’s certification letter. The next Housing Element Update is due this year, and City staff and its awarded consultant, Realty Planners, are currently working on the update with all hands on deck.

The Housing Element aims to identify and provide for existing and projected affordable housing needs. The Housing Element includes numerous housing programs that preserve the existing affordable housing stock, remove governmental constraints, provide adequate sites for a variety and diversity of housing, and promote equal housing opportunities.

Attached is the Annual Housing Report, which is due to the California Department of Housing and Community Development by March 31, 2024. City Staff requests approval of the Resolution and the Annual Housing Report to file this required report with HCD.

The full online Annual Progress Report includes the following: Table A, Housing Development Applications Submitted; Table A2, Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units; Table B, Regional Housing Needs Allocation Progress - Permitted Units Issued By Affordability; Table C, Sites identified or Rezoned to Accommodate Shortfall Housing Need; Table D, Program Implementation Status pursuant to Government Code section 65583; Table E, Commercial Development Bonus Approved pursuant to Government Code section 65915.7 (does not apply): Table F, Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites under Government Code section 65583.1, subdivision (c)(2) (does not apply); Table G, Locally Owned Lands Included in the Housing Elements Sites Inventory that have been sold, leased, or otherwise disposed of; Table H, Locally Owned Surplus Sites; and, a Summary Table. Due to the size of the tables, Table A2 includes the summary of the total number of housing permits issued and the number of final approvals in 2023 by affordability levels, and Table D the housing program implementation status.

STAFF RECOMMENDATION:

Staff recommends approval of the resolution.

4.E.1
Attachment: 2023 APR Staff Report (Approval of the 2023 Housing Element Annual Progress Report) Staff Report – Reso to Approve 2023 Housing Element Annual Progress Report.

Page 2 of 2 ends

FINANCIAL IMPACT:

None.

ATTACHMENTS:
1) Annual Housing Progress Report, RHNA Chart with Table A2 and Table D.

4.E.1
Attachment: 2023 APR Staff Report (Approval of the 2023 Housing Element Annual Progress Report)

Page 1 of 2 ends

Reso to Approve the 2023 Housing Element Annual Progress Report.

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO APPROVE THE 2023 HOUSING ELEMENT ANNUAL PROGRESS
REPORT
WHEREAS, the purpose of the Housing Element is to identify and provide for existing and projected affordable housing needs; and
WHEREAS, The Housing Element includes numerous housing programs that preserve the existing affordable housing stock, remove governmental constraints, provide adequate sites for a variety and diversity of housing, and promote equal housing opportunities; and WHEREAS, Government Code Section 65400 requires that every California City provide the State with an Annual Progress Report and update on the status and implementation of its Housing Element; and
WHEREAS, the Housing Element Annual Progress Report includes the following tables:

Table A, Housing Development Applications Submitted; Table A2, Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units; Table B, Regional Housing Needs Allocation Progress - Permitted Units Issued By Affordability; Table C, Sites identified or Rezoned to Accommodate Shortfall Housing Need; Table D, Program Implementation Status pursuant to Government Code section 65583; Table E, Commercial Development Bonus Approved pursuant to Government Code section 65915.7 (does not apply):

Table F, Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites under Government Code section 65583.1, subdivision (c)(2) (does not apply); Table G, Locally Owned Lands Included in the Housing Elements Sites Inventory that have been sold, leased, or otherwise disposed of; Table H, Locally Owned Surplus Sites; and, a Summary Table; and NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby approve the 2023 Housing Element Annual Progress Report. //////
//////
//////
//////
//////
//////
//////
//////
//////

4.E.2
Attachment: Resolution for 2023 APR (Approval of the 2023 Housing Element Annual Progress Report)

Page 2 of 2 ends

Reso to Approve the 2023 Housing Element Annual Progress Report.

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 date 12 th day of March 2024
by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

SUSANA REYES, Mayor Pro Tem
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
Exhibits: 1) Annual Housing Progress Report, RHNA Chart with Table A2 and Table D I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.E.2
Attachment: Resolution for 2023 APR (Approval of the 2023 Housing Element Annual Progress Report)

4.E.3
Attachment: 2023 Annual Progress Report Table A2, Table D, RHNA Chart FINAL. (Approval of the 2023

4.E.3
Attachment: 2023 Annual Progress Report Table A2, Table D, RHNA Chart FINAL. (Approval of the 2023 Staff Report – CC Meeting March 12, 2024 - SDP 2022-322BMB – Starbucks Page 1 of 3

CITY OF ARVIN
City Council
Meeting Date: March 12, 2024
TO: Arvin City Council
FROM: Chris Soriano – City Planner
Jeff Jones – City Manager/Finance Director
SUBJECT: Public Hearing – SDP 2022-322BMB-Starbucks – Amending SDP 2022-322 BMB-Starbucks dated December 14, 2022 – deletion of Sections ES&BI-8, PL&A-2 of the Conditions of Approval.

BACKGROUND:

The Planning Commission previously approved, with conditions, SDP 2022-322 BMB-Starbucks via resolutions APC2022-08 dated December 14, 2022. The proposed site modifications included elimination of the 2-Story office-retail building and develop a 1-Story Coffee Shop- Starbucks.

The conditions of approval included the improvement of the alleyway directly to the north of the proposed building. The City Engineer was to coordinate the improvements that may be required due to the limited ingress and egress off Bear Mountain Boulevard. On August 30th, the applicant formally requested the Planning Commission to review the Conditions of Approval and delete sections ES&BI-8 and PL&A-2.

The Planning Commission conducted a public hearing on September 19, 2023, and at the conclusion of the hearing the Planning Commission’s vote was 2-2, a tie vote which resulted in NO ACTION. The Planning Commission, under a separate vote recommended that the item be forwarded to the City Council for their consideration. On October 10, 2023, the City Council conducted their public hearing on the request to modify the conditions. The City Council vote was 2-2 resulting in a tie vote which resulted in NO ACTION. No further action was taken at the public hearing of October 10, 2023, because the Applicant requested to withdraw their request to modify the conditions.

The applicant has resubmitted an application requesting deletion and modification of conditions ES&BI-8 and PL&A-2 which relate to the improvement of the alley located north of Bear Mountain Blvd. between A Street and B Street. On February 27th, 2024, the City Council approved to hold a public hearing to consider the request at the regular City Council meeting of March 12, 2024.

5.A.1
Attachment: Staff Report Public Hearing - Starbucks Request for Modifications to COAs_031224 (Public Hearing - Starbucks Request for Staff Report – CC Meeting March 12, 2024 - SDP 2022-322BMB – Starbucks Page 2 of 3 Applicant: Jhaj & Brar Investment Inc.
21959 Hwy 46
Lost Hills, CA 93249
Property Owner: Jhaj & Brar Investment Inc.
21959 Hwy 46
Lost Hills, CA 93249
Project Address: 320 Bear Mountain Blvd, Arvin CA 93203 Project Location: The project site is located on the north side of Bear Mountain Boulevard with A Street to the west and B Street to the East with an alley to the north of and adjacent to the project site which provides east and west access to A Street and B Street.

Assessor Parcel
No. and Size:

APN 190-130-27, with shared on-site circulation with APN’s No’s 190-130- 14 and -15. APN 190-130-27 is 8,350 Square Feet.

Zoning: C-2 General Commercial
General Plan Land
Use Designation
General Commercial

City Staff initially requested the improvement of the alleyway due to the limited ingress and egress from Bear Mountain Boulevard. Site Development Permit 2022-322 Starbucks requested the removal of the easterly drive approach on Bear Mountain Boulevard. The removal of this drive approach results in only one entrance/exit from Bear Mountain Boulevard. Staff conducted an onsite inspection of the alleyway (See Exhibit C). The city engineer concluded the alley way is substandard to city standards and needed to be improved. On February 21, 2023 the City Engineer approved a grading plan for the proposed project. The grading plan included the improvement to the alley. After the October 2023 city council meeting, the applicant proposed an alternative design. Upon review of the design, the city engineer deemed the proposal subpar to city standards.

City Staff has deemed the need to improve the alleyway as a health and safety concern. Kern County Fire Department and other emergency vehicles will be using the alleyway as a form of ingress and egress due to the limited turn radius on the project site.

PUBLIC HEARING NOTICE AND NOTICE TO THE SURROUNDING PROPERTIES:

Public hearing notice was published on March 1, 2024, in accordance with Government Code Sections 36933, 65854, and 65090. In addition, properties within 300 feet of the project site were mailed a notice of the public hearing date of the Planning Commission on September 28, 2024 – Exhibit D.

RECOMMENDATION:

Staff recommends the Council open the hearing, allow for public testimony, close the hearing, consider the request and provide direction to Staff.

EXHIBITS:

Exhibit A: Conditions of Approval – SDP 2022-322BMB-Starbucks Exhibits B: Approved Site Plan by the Kern County Fire Department Exhibit C: Pictures of the Alleyway
Exhibit D: Public Hearing Notice

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EXHIBIT A

CONDITIONS OF APPROVAL
SDP 2022-322BMB- Starbucks
Resolution of the City of Arvin Planning Commission ·approving, subject to conditions Exhibit A – Conditions of Approval, Exhibits B-1 through B-8; SDP 2022-322BMB-Starbucks – Amending SDR2017-330BMB-Taco Bell and Retail Building approval by APC2017-11 dated June 22, 2017, and APC2017-18 dated December 12, 2017 – deletion of the 7,600 square feet two story retail building and development of a 1,587 square foot singe story coffee shop, modification of the on-site circulation and parking, and removal of the easterly driveway and Adoption of Addendum to the Previously Adopted Mitigated Negative Declaration and Adoption of Previously Approved Mitigation Monitoring Program Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164.

NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations, or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project.

This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

PROJECT INFORMATION
Applicant: Property Owner:

Jeremy Manning
1330 – 22nd Street - Suite 100
Bakersfield, CA 93301
Jhaj & Brar Investment Inc.
21959 Hwy 46
Lost Hills, CA 93249
Project Address: To be assigned
Project Location: The project site is located on the north side of Bear Mountain Boulevard with A Street to the west and B Street to the East with an alley to the north of and adjacent to the project site which provides east and west access to A Street and B Street.

Assessor Parcel
No. and Size:

APN 190-130-27, with shared on-site circulation with APN’s No’s 190-130-14 and -15.

APN 190-130-27 is 8,255 Square Feet -.19 Acre.

Zoning: C-2 General Commercial
General Plan Land
Use Designation
General Commercial
CONDITIONS AND REQUIREMENTS:

The Planning Commission approved the following conditions on December 14, 2022.

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PROJECT DESCRIPTION:

The proposed site modifications include elimination of the 2-story office-retail building and develop a 1-story Coffee Shop – Starbucks, elimination of the easterly driveway of Bear Mountain Boulevard (Hwy 223) , modifications to the existing off-street parking areas, and modification of on-site landscaping. The 2022 application proposes to amend the 2017 Site Development Permit as shown on Exhibit B-1 Site Plan, Parking, Landscape Layout AND Attachment 1 APC2017-11 Site Plan as follows:

1. Deletion of the 2 story Office and Retail Building of 7,600 square feet with a proposed with a 1,587 square foot singe story coffee shop with drive thru. .

2. Elimination of the easterly driveway proposed to be removed and new landscaping to match landscaping to the west. (Note: Staff will recommend as a condition of approval the required the removal of the drive approach off Bear Mountain Boulevard (Hwy 223) and replace with curb, gutter, and sidewalk to Caltrans Standards; Obtain encroachment permit from Caltrans for work within state right of way.) .

3. Elimination of four (4) off-street diagonal parking spaces at the north property line adjacent to alley – these spaces utilized the alley for egress to B Street. .

4. Reconfiguration of the easterly parking area by:
a. Elimination of four (4) off-street parking spaces.
b. Establishing two (2) Clean Air/Vanpool/EV Designated Parking Spaces. c. Establishing two (2) ADA Parking Space.
d. Establishing one (1) Employee Only Parking Space.
e. Establishing two outdoor patio areas – 36’-0” X 15’-0” = 540 Square Feet to the west of the proposed building and 44’-0” X 27’-0” = 1,188 Square Feet. (Note: Staff will recommend as a condition of approval the description of and use of the patio areas in order to determine seating capacity for the calculation of required off-street parking). f. Establishment of short-term bicycle parking rack for two bicycles.

5. Proposed drive through circulation system, as shown on Exhibit B-1 Site Plan, which will have access off Bear Mountain Boulevard by means of the westerly driveway.

Vehicles will que along the southerly boundary of the site and will enter a two-drive access for the placement orders. Once the order is placed vehicles will que into one lane on the easterly side of the building to receive orders. The easterly drive is proposed to be 12’-0” wide with a raised curb separating the easterly property line from the adjacent property – Shell Service Station and Minimart parking.

6. No Sign package is proposed – however the site plan identifies potential location of Monument Sign on the southerly portion of the site just westerly of the existing easterly driveway. A separate Sigh Application will be required for the business.

7. Preliminary Landscaping layout is shown. The submittal landscape and irrigation plan shall be required in compliance with Section 17.70 Development Standards and subject to the review and approval by Staff.

8. Building Elevations have been proposed as shown in Exhibit B – Proposed Elevations.

9. Off-Street Parking Analysis for the proposed amendment has been completed, Exhibit B2 - Off-Street Parking Analysis. The off-street parking analysis identifies that the project site has a deficient number of off-street parking spaces and DOES NOT MEET THE

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REQUIREMENTS OF SECTION 17.48.010. Analysis on April 24, 2017, of the proposed project, Attachment 4. The initial review based upon the application submittal concluded that a deficient number, 35, of parking spaces was existing. In 2017, Staff met with the applicants to discuss this issue as well as other design concepts that were not addressed.

Several options were offered and one such option is In-Lieu Payments as provided under Section 17.48.050. This section provides for the payment of fees for off-street parking. (Staff has recommend a condition that requires compliance with the off-street parking requirements. (As of this review, the required parking requirements cannot be accurately calculated due to insufficient information from the applicant.) Exhibit B-2 Parking Analysis identifies a deficiency of 40 parking spaces. The options listed in the proposed Conditions of Approval, Staff will work closely with the applicants in implementing one of the options to comply with the City’s Parking Ordinance.

Options Include:

17.48.070 - Separate lot from main building.

When the required off-street parking space is provided on a separate lot from the main building, there shall be recorded in the office of the county recorder, a covenant by the owner or owners of such lot for the benefit of the city to the effect that such owner or owners will continue to maintain such parking space so long as such building is maintained.

17.48.050 - In lieu payments.

In the C-2 district within the development plan area of the downtown revitalization element of the general plan in lieu of providing parking facilities required by the provisions of this chapter, the requirements may be satisfied by payment to the city, prior to the approval of the site permit, of an amount per parking space, prescribed by the city council, for each parking space required by this chapter, but not provided. The payment shall be deposited with the city in a special fund and shall be used exclusively for the purpose of acquiring and developing off-street parking facilities located, insofar as practical, in the vicinity of the use for which the payment was made.

10. Design Compliance: The Development and Disposition Agreement between the City of Arvin Acting as Successor Agency to the Arvin Community Redevelopment Agency and JHAH & Brar Investment Inc. imposed the requirement that the development comply with the City of Arvin’s proposed Commercial Development Design Guidelines - Exhibit B-5.

The previous Taco Bell site design approval incorporated many of the concepts noted below.

Staff completed its review with the applicant’s submittal for the Coffee Shop - Starbucks, Exhibit B-4 Design Compliance, and identified a number of design conflicts and recommended several modifications that would more closely meet the Commercial Design Guidelines. The recommended modifications include; i) extending trellis/arbor design fronting Bear Mountain Boulevard easterly; ii) require the unimproved alleyway to be improved allowing ingress and egress from the project site to either A Street or B Street and continue to allow the alley as an integral design for the traffic circulation; iii) construction of a wrought iron fence with low level landscaping along the easterly property

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line separating the Coffee Shop – Starbucks operation from the easterly property; iv) parking lot landscaping to retrofit by planting shade trees at every fourth parking stall.

11. Compliance with LLA-1 has not been satisfied. The applicant has submitted a Reciprocal Easement Agreement, filed on October 14, 2022, and received by Staff on November 22 ,2022, Exhibit B-3 Reciprocal Easement Agreement. Staff’s preliminary review noted that the westerly driveway, which is the main entrance and exit off Bear Mountain Boulevard (Hwy 223) was not included in the reciprocal easement. The City Attorney has not reviewed the adequacy of the Reciprocal Easement Agreement to ensure that the four parcels are held as one. Upon final review of the Reciprocal Easement Agreement by the City Attorney, the agreement may be in need of modification.

PLANS BY LICENSED PROFESSIONAL:

PLP-1. All Civil Plans must be signed and stamped by a licensed Civil Engineer, Land Surveyor, or Landscape Architect. Required plans and studies are expected to include, but not limited to the following, if applicable:
a. Survey/site control
b. Demolition and Dust Control
c. Site improvements
d. Grading and drainage
e. Landscaping and irrigation
f. Utility plan
g. Electrical and lighting
h. Traffic study (limited to trip generation analysis)
i. Geotechnical investigation
PLP-2. All Civil Plans and improvements must be in substantial compliance with all applicable codes including, but not limited to Arvin Municipal Code (AMC) 13.08,

15.32, 17.30, 17.60, and 17.70.

PLP-3. Final Site Plans: Final Site Plans, Grading plans, etc. shall be submitted to and approved by the City Engineering and Planning Divisions of the Community Development Department, prior to any on-site improvements.

UTILITIES AND SERVICE PROVIDER(S):

U-1 Pacific Gas and Electric: PG&E is the provider of electric and gas services to the project site. The project is not located within an Underground District. However, any new or

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retrofitted electrical service from the existing overhead lines to the structure shall be underground.

U-2 Sewer Services - Arvin Wastewater Collection and Treatment Facility – Operations and Maintenance by Veolia West Operation Services, Inc. – Septic System for Wastewater – Kern County Health Services: Municipal sewer service is available to the developer.

The developer must provide a plan for connecting to the municipal system and must pay applicable connection fees. City and Caltrans encroachment permits will also be necessary.

U-3. Water Service: Arvin Community Services District provides public water services within the City of Arvin. The applicant will be required to coordinate and obtain water service through that agency. The City Building Official will ensure that public water service commitment is received from that agency prior to the issuance of a Certificate of Occupancy.

U-4. Water Meter Connection: The developer will be subject to connection and meter charges from the Arvin Community Services District.

EXTERIOR SITE AND BUILDING IMPROVEMENTS:

ES&BI-1 Exterior lighting: All exterior lighting shall be arranged or shielded in such a manner as to contain the direct illumination on the site and avoid glare in nearby residential areas. Exterior lighting shall be powered by passive energy, for example, solar powered. All buildings must have a lighted address panel placed at approved locations for ease of identification. The applicant shall include a lighted address panel placed at approved locations for ease of identification by the public and safety offices.

ES&BI-2 Exterior Mechanical Equipment: All mechanical, heating, and air conditioning equipment in residential, office, public or institutional uses shall be screened when visible from a public street or from adjoining properties. Installation of climate control equipment’s, such as air conditioners, on residential properties shall be located on the ground.

ES&BI-3 Trash Receptacles: All trash receptacles shall be screened with an overhead trellis and located in such a manner not visually obtrusive from any off-site location. The method of screening for all trash receptacles shall be approved by the City Planner. The applicant shall provide a confirmation from the solid waste provider that service will be provided.

ES&BI-4. Access (ingress and egress) to the project site is off Bear Mountain Boulevard (Hwy 223). The proposed elimination of the easterly driveway, on the project site, is to be in compliance with an approved Landscape and Irrigation design as approved by the City Planner.

ES&BI-5 The easterly drive encroachment along Bear Mountain Boulevard (Hwy 223) shall be removed and replaced with new curb, gutter, and sidewalk. Encroachment permit shall be required from Caltrans (Exhibit 8-KER-223-20.94 (SDP 2022-322 Starbucks Arvin) and shall be completed prior to the issuance of the Certificate of Occupancy by the Building Official ES&BI-6. The applicant has submitted a Reciprocal Easement Agreement, filed on October 14,

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2022, and received by Staff on November 22 ,2022, Exhibit B-3 Reciprocal Easement Agreement. Staff’s preliminary review noted that the westerly driveway, which is the main entrance and exit off Bear Mountain Boulevard (Hwy 223) was not included in the reciprocal easement. The City Attorney has not reviewed the adequacy of the Reciprocal Easement Agreement to ensure that the four parcels are held as one. Upon final review of the Reciprocal Easement Agreement by the City Attorney, the agreement may be in need of modification. The Reciprocal Easement Agreement shall be recorded prior to the issuance of the Certificate of Occupancy by the Building Official.

ES&BI-7. Upon completion of the revised site plan, the plan shall be submitted to the City Planner for review and approval. The City Planner shall coordinate the review with City Engineer and Building Official.

ES&BI-8. The alley connecting the site along the north property line and providing access to A Street to the west and B Street to the east shall be improved to City Standards as may be required by the City Engineer. The limited ingress and egress off Bear Mountain Boulevard may necessitate the use of the alley for traffic flow. The City Engineer shall coordinate the improvements that may be required. The Building Official shall not issue a building permit for this application until a determination as to the need of any improvements for the alley is finalized.

ES&BI-9. Stormwater discharge and facility improvements from the site shall be coordinated with the City Engineer. Prior to the Building Permit issuance, the stormwater discharge shall be completed.

ES&BI-9. Elevations of Building: Painting the exterior of the existing structure, the applicant shall submit a color palette which identifies the proposed color(s). The City Planner shall have the authority to approve the proposed color(s).

FLOOD PLAIN MANAGEMENT, DRAINAGE and BEST MANAGEMENT
PRACTICES:

FPM-D&BMP-1 Floodplain Management – Chapter 15.32. The project is located within FEMA FLOOD HAZARD which has a 1 percent annual chance flood shallow flooding. The project shall be required to meet the requirements of Section 15.32.170(C ) and (D). Prior to the issuance of the Certificate of Occupancy by the Building Official a Flood Certification shall be provided.

Property is located within an AO flood zone (BFE=1'; V=2fps). This information shall be included on the revised site plan. City has recently coordinated with the Department of Water Resources, and it is now understood that the proper elevation to which structures must be elevated, or flood proofed is variable based on the proposed use of the building as prescribed based on the 2016 California Building Code section 1612.4. A revised site plan showing an appropriate raised elevation must be approved by an engineer and shall include a statement on the plan indicating that the design complies with local ordinance 15.32 as well as

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applicable CBC and FEMA requirements with regard to the floodplain. If the developer chooses to floodproof the structure, the same should be included on the building plans.

Regardless of the methodology employed by the developer, the applicant shall provide an elevation certificate completed by a licensed land surveyor to show that the building pad elevation is at or above the BFE.

FPM-D&BMP--2- Water Drainage - Prior to the issuance of any grading or building permits, a plan for the disposal of drainage waters originating on site and from adjacent road rights of way shall be approved by the City Engineer. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. Grading and Drainage plans shall be submitted to the City Engineer for review and approval. Site drainage on to or into the public right-of-way is not permitted. On-site retention is required when the City’s storm drainage system is not available.

FPM-D&BMP-3 Dust Control plans must be provided, as required by the San Joaquin Air District. Best Management Practices are to be implemented during site construction. The applicant shall submit final BMP program for review and approval to the City Engineer prior to site disturbance.

FPM-D&BMP-4 Developer shall comply with applicable construction storm water requirements as required by the California Water Board. A Stormwater Pollution Prevention Plan (SWPPP) may be required. Developer should retain the services of a Qualified SWPPP Developer (QSD) to make such determinations. Developer must provide a Board-approved plan and a Water Discharger Identification (WDID) number (or approved erosivity waver) to the City prior to commencing construction.

FPM-D&BMP- 5. Developer must apply for and obtain a grading permit from the City prior to any on-site or off- site grading.

FPM-D&BMP- 6. Developer shall comply with Arvin Municipal Code Chapter 15.32 regarding floodplain requirements and shall provide the floodplain administrator for the City all required plans, forms, and information. This may have implications on the building plans, and may require the elevation of existing structures or modifying the existing structure such that it is flood resistant (i.e. “flood proof” or “water tight”). The applicability of this will depend on the amount of work being proposed to existing structures. It is believed that thresholds which trigger such requirements will be passed, and the developer should be prepared to comply with the more stringent FEMA guidelines.

OFF-STREET PARKING, LOADING, AND ACCESS
PL&A-1. Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system is shown on Exhibit B-1- The number of proposed offstreet parking spaces is twenty-sever (279) which includes four (4) handicap parking space. The off-street parking requirements are established in Section 17.48. Exhibit B-2 Arvin Parking Ordinance- Parking Required for Restaurant concluded that the off-site paring ratio does not meet Section 17.48.010. Prior to the issuance of a building permit, the applicant shall provide alternative

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off-site parking in compliance with city requirements. The City Planner is authorized to coordinate with the applicant and city staff in gaining compliance with the required off-site parking requirements. The Building Official shall not issue a building permit for this application until the off-street parking is resolved.

PL&A-2. The alley connecting the site along the north property line and providing access to A Street to the west and B Street to the east shall be improved to City Standards as may be required by the City Engineer. The limited ingress and egress off Bear Mountain Boulevard may necessitate the use of the alley for traffic flow. The City Engineer shall coordinate the improvements that may be required. The Building Official shall not issue a building permit for this application until a determination as to the need of any improvements for the alley is finalized.

PL&A-3. All access drives, parking areas, and vehicle maneuvering areas shall be surfaced with a minimum of two inches (2") of asphalt, concrete, or paving material of higher quality.

SIGNAGE:

S-1. Signs and their location, size and height is required. Prior to the installation of any onpremises sign, the applicant shall apply for and receive a Sign Permit approval from the Planning Division.

RIGHT OF WAY IMPROVEMENTS – REQUIREMENTS:

ROWI-R-1. No Right of way improvements are required along Bear Mountain Boulevard - Exhibit 8-KER-223-20.94 (SDP 2022-322 Starbucks Arvin
GENERAL CONDITONS AND REQUIREMENTS:

GC&R-1 Conditions of Approval and Building improvements for the interior as well as exterior may require improvements including but not limited to bringing the project site into compliance with the requirements of the Arvin Municipal Code, Kern County Fire Department, Kern County Health Department, Arvin Community Services District, and other agencies providing service and/or requiring oversite and/or clearance. Said conditions of approval and improvements, as well as verification from serving agencies, shall be completed prior to the Certificate of Occupancy or in the alternative, provide financial security to insure the completion of, installation of, formation of, and maintenance of required improvements.

GC&R-2 The Applicant and project activity shall continuously comply with all the requirements of Chapter 17.70 Site Development Standards of the Arvin Municipal Code and as may be amended by the City Council from time to time.

GC&R-3 The Applicant shall pay all applicable fees, costs, and obligations, in a timely manner, as established by the City of Arvin, the Arvin Municipal Code and/or any City of Arvin rules, regulations or resolutions.

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GC&R-4 The Applicant shall allow the City of Arvin, its employees and/or contractors to conduct all required inspection(s) during normal business hours prior to the final approval of the project and/or any required City of Arvin issued permits, or as otherwise required by the Arvin Municipal Code.

GC&R-5 The project shall be implemented and used in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes and engineering requirements.

GC&R-6 This site development permit does not guarantee nor require the City of Arvin to take any particular action and/or approve any future action sought by the Applicant, project and/or property.

GC&R-7 Conditions shall run with the land. All owners, present and future, of the property shall be subject to these conditions of approval. Failure to comply with any condition of approval is grounds for immediate suspension or revocation of this site development permit.

GC&R-9. Community Development Director or designee is authorized to consider minor modifications to conditions of approval and timing of implementation of conditions where it is found that such modifications and adjustment in timing of implementation of conditions do not nullify the intent of the conditions established by the City Planning Commission.

LANDSCAPE AND IRRIGATION TO BE INCOMPLIANCE WITH 23 CA ADC § 490 CALIFORNIA CODE OF REGULATIONS TITLE 23. WATERS, DIVISION 2.

DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE AND TITLE 15 BUILDING
L&I – 1. The Applicant shall pay all fees and join a governing Landscape Lighting Maintenance District (LLMD) or community facility district (CFD) as follows:
a. At the written request of Applicant, the City will reasonably cooperate with Applicant, at no cost or expense to the City, in the establishment of a LLMD or CFD encompassing the Project area to assist in the financing of certain off-site improvements and exactions related to the Project.
b. In the alternative, upon request by the City, Applicant i) agrees to join a Landscape and Lighting District or annex to the same; and ii) agrees to become part of a Community Facility District, under the Mello-Roos Community Facilities Act, or equivalent mechanism to address services such as fire, police, storm drainage maintenance, road infrastructure maintenance, or similar services, and agrees to annex or join the same.

Applicant shall be solely responsible for paying its proportionate cost for services associated with the same, including i) any costs of formation or annexation, including those incurred by the City; and ii) costs required by participants in said District(s). • L&I-2. Preliminary Irrigation and Landscape Plans are shown on Exhibit B-1. The applicant must submit a proper landscaping and irrigation plan(s) as required under AMC 17.70 for approval.

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Such plans shall show tree species, shrub species, ground cover, irrigation piping, water calculations, controllers etc. Water Conservation and Water Efficient Landscape Regulations (Section 15.36.030 and Chapter 15.38 Water Efficient Landscape Regulations) must be implemented. The applicant shall retain a Licensed Landscape Architect to prepare irrigation and landscape plans in compliance with Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping and Chapter 15.38 Water Efficient landscape Regulations. Said plans shall be submitted to the City for review and approval. The Landscape Architect shall certify that the submitted plans and installation of irrigation systems and landscaping materials meet all the requirements of the City and State of California Chapter 2.7. Model Water Efficient Landscape Ordinance. Upon implementation of the irrigation system and landscaping, the applicant shall be responsible for the continued maintenance of the irrigation and landscaping.

A. Landscape Standards. The following standards apply to landscaping:
1 A minimum of ten percent (10%) of the developed area shall be landscaped. 2 Along any interior property line abutting residentially zoned lots, trees shall be planted at least every thirty feet (30') in individual planters. The planters shall be sufficiently large and protected so that a parked car does not extend into the minimum four foot by four-foot (4' × 4') tree planting area which shall be landscaped with ground cover, shrubs, and climbing plants. 3 Planters or landscaped areas: All off-street parking areas shall have perimeter landscaping, planters, and landscaped areas for every fifth or sixth parking space to reduce heat islands. Plant types should be selected to suit the climatic zone and of a variety that is least polluting to the environment. All plans shall be submitted to the department of planning and building for review and approval. 4 Within each planter or landscaped area, automatic irrigation system and live landscaping shall be provided and maintained. Water and energy savings features shall be incorporated in all irrigation design.
5 Required planter or landscaped areas may be combined with pedestrian walks and similar hard surface areas; provided, that such hard surface area does not cover more than ten percent (10%) of any required planter or landscaped area. Ornamental or landscaping rock and gravel areas, artificial turf, or other areas covered with other artificial materials shall be considered hard surface areas for the purposes of this provision.
6 Street trees are required for any project, use, or development adjacent to designated streets. 7 Landscaping materials and trees installed in planters or landscaped areas shall be selected from a list of approved plants maintained by the department of planning and building.

Certificate of Compliance - Preparation of Irrigation Plans, Landscape Plan, and Selection plants and trees (Landscape Documentation Plans)
By my seal, as a Licensed Landscape Architect, have prepared the attached irrigation plans, landscape plans, and have selected tree and plant species for this project and hereby certify that the submitted documents either meet or exceed the requirements established by Arvin Municipal Codes Chapter 15.38 Water Efficient Landscape Regulations: Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping, and the State of California Chapter 2.7. Model Water Efficient Landscape Ordinance (MWELO).

The plans were submitted to the City of Arvin, Community Development Department, Planning Division on _________________________________.

Signature Date

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Name (print): Telephone No.:

Title: Email:

License No. or Certification No. Address:

Company: State: Zip Code:

CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE

DOCUMENTATION PACKAGE AND IRRIGATION AUDIT
I/we certify that based upon periodic site observations, the work has been completed in accordance with the requirements established by Arvin Municipal Codes Chapter 15.38 Water Efficient Landscape Regulations: Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping, and the State of California Chapter 2.7. Model Water Efficient Landscape Ordinance and that the landscape planting and irrigation conform with the criteria and specifications of the approved Landscape Documentation Plans.

An irrigation audit was completed on __________________, 2022 and said audit was provided to the City of Arvin Community Development Department, Planning Division under a separate report.

The Certification of Installation and Irrigation Audit was submitted to the City of Arvin, Community Development Department, Planning Division on ________________________, 2022.

Signature Date
Name (print): Telephone No.:

Title: Email:

License No. or Certification No. Address:

Company: State: Zip Code:

DEVELOPMENT IMPACT FEES – FULL COST RECOVERY FEES ESTIMATES:

The City of Arvin has established fees, referred to as Development Impact Fees, that will be imposed upon the proposed project and the fee will collected at Building Permit Issuance. The fees currently collected are Police, Sewer Connection, Traffic, and Parks. (Please note, that other fees may be established in the future by the City and if a new fee is established prior to the issuance of the building permit, the development may be subject any new fee adopted or adjustment to existing fees.) The amount of fee collected vary dependent upon the type of development. The City will not issue Building Permit(s) and/or issue a Certificate of Occupancy until the required fees are paid.

5.A.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks (Public Hearing - Starbucks Request for Modification to COAs)

Page 12 of 15 ends

CITY OF ARVIN
Community Development Department – Planning Division
141 Plumtree Drive, P.O. Box 548, Arvin, CA 93203
Phone (661)854-6183 Fax (661)854-2969
DEVELOPOMENT IMPACT FEE ESTIMATE – CALCULATION FOR SDP2022-322BMB – COFFEE SHOP – STARBUCKS DEVELOPMENT – REQUIRED Consisting of 1.07 Acres – (PC OR CC RESO. NO. PENDING) Development Impact Fees: The new construction of Coffee Shop – Starbucks will require the payment of the most current City of Arvin Development Impact Fees at the time of building permit issuance. The proposed building, 1,587 square feet and APN 190-130-27 is 8,255 Square Feet or .19 Acre, Located in the C-2 Zone District - 2018 Fee Schedule provides for the following:

FEE CALCULATION FOR COFFEE SHOP – STARBUCKS
Type of Land
Use

IMPACT FEE
Police: APN
190-130-27
is 8,255
Square Feet -
.19 Acre.

Parks Sewer Traffic Schools
Contact Arvin
Union School
District (661)854-
6500
Water
Contact Arvin
Community Services
District (661) 854-
2127
restaurants(less
than 35 seats)
1,587 Sq. FT.
$350/acre $17,160/bldg. $7,874/1000 sq. ft. contact AUSD contact ACSD $66.50 $0 $17,160.00 $12,496.04 contact AUSD contact ACSD NOTE: Fess are adjustable and if an adjustment is made prior to the issuance of the building permit, the project shall be subject to the adjusted fee.

5.A.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks (Public Hearing - Starbucks Request for

Page 13 of 15 ends

The City of Arvin has established various application fees and as established by City Council, new development shall pay and ensure full cost recovery for the processing of development applications. The table below is the Fee Deposit and Flat Fee Estimates for the Vanguard Medical project. Some fees have previously been received and the fee estimate notes the credit of those fees previously received. The City will not issue Building Permit(s) and/or issue a Certificate of Occupancy until the required fees are paid.

TO BE COMPLETED BY STAFF - FEE DEPOSIT – FLATE FEES – MAINTENANCE FEE(S) - ESTIMATES: COFFEE SHOP – STARBICLS – FEE CALCULATED 7-19-2022 - JR: PAYMENT RECEIVED OCTOBER 11, 2022 - RECEIPT NO. R00000276

1. DEPOSITS:

Cost Recovery Review and Processing of a Application X $5,000.00 Deposit Environmental Fees and Deposits: – Initial Study – deposit and full cost recovery • Initial Study – deposit and full cost recovery  X $5,000.00 • EIR Preparation  $10,000.00

1. SUB TOTAL DEPOSITS: $10,000

2. FLAT FEES - ENVIRONMENTAL:
• Mitigated Negative Declaration or Negative Declaration and Recording of Notice of Determination
X $1,000.00
• California Department Fish and Game – MND or ND  X $2,480.25 • California Department Fish and Game – EIR  $3445.25
• Kern County Recording Fee:  X $50.00
• Categorical Exemption – Notice to Kern County Recorder  $300.00

2. SUB TOTAL ENVIRONMENTAL FEES: $1,000.00

3. FLAT AND MAINTENANCE FEES:
• Public Hearing Notice Newspaper and 300 Foot Notice for Planning Commission  $1500.00 • CMF-AP-2 - $25.00  $25.00
• FM-CD-1 - $20.00  $20.00
• FM-CC-4 - $20.00  $20.00
• CM FEE - $100.00  $100.00
• Technology Fee – TF - $100.00  $100.00
General Plan Maintenance Fee –
MF-GP-2: $0.022 per square foot of lot area X 30,000 Sq. .Ft. = $660.00 Calculate Fee: $660.00

3. SUB TOTAL FLAT AND MAINTENANCE FEE: $ 2,425.00
Total Flat Fee and Deposit Due(1+2+3+4) $13,425.00
Payment by Applicant $13,366.00

5.A.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks (Public Hearing - Starbucks Request for

Page 14 of 15 ends

CONDITIONS AND REQUIREMENTS BY CITY ENGINEER, KERN COUNTY FIRE DEPARTMENT, KERN COUNTY HEALTH SERVICES, AND OTHERS- EXHIBIT B:

The project application was distributed to city departments and agencies that provide overview, authority, and services within the City of Arvin. To date, the City Engineer, Kern County Fire Department, and Kern County Health Department provided comments. Other department and agencies that have not commented may require certain improvements to gain clearance prior to occupancy of the building. Comments received as of this report are attached as Exhibit B and are herein included as conditions of approval. The comments and requirements are to be met prior to the issuance of the Certificate of Occupancy by the Building Official or receive conditional clearance from that department or agency.

DISCLOSURES AND APPEALS - IMPORTANT PLEASE READ CAREFULLY:

Please note that this project may be subject to a variety of discretionary conditions of approval.

These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.

Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.

All discretionary conditions of approval will ultimately be deemed mandatory unless appealed to the City Council within 15 days after the decision by the Planning Commission or 10 days after the mailing required notices (if any), whichever date is later.

In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval, you may do so by filing a written appeal and payment of the established fees with the City Clerk. The appeal shall include a statement of your interest in or relationship to the subject property, the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.

Approval of this site development permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
a. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; and
b. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and,
Approval of this site development permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements, the

5.A.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks (Public Hearing - Starbucks Request for Modification to COAs)

Page 15 of 15 ends

Zoning Ordinance, and all City Standards and Specifications. This site development permit is granted, and the conditions imposed, based upon the application submittal provided by the applicant. The application is material to the issuance of this site development permit.

Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the site development permit or any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the site development permit review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this site development permit or subsequent amendments or revisions.

If the Site Development Permit is not implemented within one (1) year from the date of issuance of this site development permit, or within any extended period thereof, this site development permit shall expire, and the site development permit approval shall be null and void.

The conditions are applicable to any person or entity making use of this permit, whether identified as "permittee," "applicant," "operator," "developer," or is unnamed.

5.A.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks (Public Hearing - Starbucks Request for Modification to COAs)

5.A.3
Attachment: Exhibit B - Fire Approved Site Plan (Public Hearing - Starbucks Request for Modification to COAs) Exhibit C

5.A.4
Attachment: Exhibit C - Pothole Pictures (Public Hearing - Starbucks Request for Modification to COAs)

CITY OF ARVIN
Notice of Public Hearing
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time the public may be present and be heard, to consider the following:

Consider deletion and modification of conditions ES&BI-8 and PL&A-2 which relate to the improvement of the alley located north of Bear Mountain Blvd. between A Street and B Street, Site Development Permit 2022-322BMB-Starbucks.

Applicant: Jhaj & Brar Investment Inc.

Location: 320 Bear Mountain Blvd, Arvin, APN 190-130-27 - The project site is located on the north side of Bear Mountain Boulevard with A Street to the west and B Street to the East with an alley to the north of and adjacent to the project site which provides east and west access to A Street and B Street.

Purpose of Public Hearing: The purpose of the public hearing will be to give citizens an opportunity to make their comments known. If you are unable to attend the public hearing, you may direct written comments to City of Arvin, City Clerk’s Office, PO Box 548, Arvin, CA 93203 or email to [email protected]. All public comments will be provided to the City Council and may be read into the record or compiled as part of the record. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting and/or should you desire Spanish translation at the meeting, please call (661) 854-3134. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and translation services.

Additional information on the proposed ordinance, including copies in hard copy or electronic format, may be obtained from the City Clerk’s office at Arvin City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s web site at www.arvin.org. All persons interested in this topic who would like to provide feedback or ask questions are invited to attend. Written comments on this matter may be submitted to the City Clerk’s office until 4:00 p.m. on the date of this hearing. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to the public hearing (Govt. Code Sec. 65009). Address any communications or comments regarding the project to Cecilia Vela, City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected]. /s/
Cecilia Vela, City Clerk
City of Arvin, California
Published: Bakersfield Californian, March 01, 2024
City Council of the City of Arvin Public Hearing Information Date: March 12, 2024
Time: 6:00 PM
Place: City of Arvin Council Chambers, 200 Campus Drive, Arvin, CA 93203

5.A.5
Attachment: Exhibit D - Public Hearing Notice - Starbucks Request for Modifications (Public Hearing - Starbucks Request for Modification to A

EX COUNTRYSIDE CONSTRUCTION DRIVE-THRU RESTAURANT
0'

GRAPHIC SCALE
( IN FEET )
10' 5' 5' 10'
1 inch = 10 ft.

Scale: 1"=1'

ALLEY CROSS SECTION A MATCH LINE SEE BELOW MATCH LINE SEE ABOVE

5.A.6
Attachment: Alleyway Improvement Plans Proposed by Starbucks_031224 (Public Hearing - Starbucks Request for Modification to COAs)

CITY OF ARVIN
Staff Report
Meeting Date: March 12, 2024
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jake Raper, Consultant Planner
Jeff Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Introduction of An Uncodified Ordinance Accepting the Mutual Termination Agreement of Uncodified Ordinance No.2019-445 dated February 12, 2019 and Accepting the Mutual Termination of Agreement No. 2019-05 Between the City of Arvin and Aaron Coppelson, MD, Inc., a California Corporation, Recorded June 14, 2019-Doc#219069900 Kern County Official Records.

BACKGROUND:

The applicant in 2018 received conditional approval of a Site Development Permit and Conditional Use Permit for commercial cannabis operations at 100 West Sycamore Road, APN 192-231-08 consisting of 2.08 Acres. The applicant also received approval from the City Council for a Development Agreement which entitled the applicant to various benefits and obligations. Various efforts to implement the business failed, the applicant, as required by the development agreement contributed community funds and pre-paid for the joining of the Landscape and Lighting District. The applicant was not able to implement the commercial cannabis business as originally approved. The applicant subsequently sold the property. Prior to the sale of the property, the applicant, the City Manager, and City Attorney prepared and entered a draft “Mutual Termination of Development Agreement A2019-05 Document #2019069900 Recorded June 14,2019, and Conditional Use Permit – APC2018-18 (CUP2018- 100SS) dated December 11, 2018”. The Mutual Termination Agreement provides for the retention of the Site Development Permit Approvals for the site which would ensure that the future owners will not have to process a new Site Development Permit for a use that is in compliance with Title 17 Zoning.

In 2023, the City Manager and the applicant finalized the Mutual Termination Agreement, subject to acceptance by the City Council, releasing the applicant and the city from all future obligations and the applicant forfeiting all past contributions and forfeiting all future benefits established by the development agreement, revoking the Conditional Use Permit and Site Development Permit relating to Commercial Cannabis activities, and adoption of a new Site Development Permit permitting future uses with approval by the City Planner when in compliance with Title 17 Zoning Code. Upon approval of second reading and adoption of the uncodified ordinance, the City Manager will execute the agreement and the City Clerk will record the documents with the Kern County Recorder’s office.

The Planning Commission reports and supporting documents for February 20, 2024 are on file at the City Clerk’s Office. The Planning Commission on February 20, 2024, conducted its public hearing and at the conclusion of the hearing took three (3) actions:

5.B.1
Attachment: 1-Staff Report DA Termination - 100 W Sycamore - Coppelson_031224 (Public Hearing - First Reading - Ordinance re 100 W.

1. Terminated the Conditional Use Permit for Commercial Cannabis activity AND terminated the Site Development Permit conditions that relate to Commercial Cannabis activity.

2. Approved a Site Development Permit (SDP2024-100WSR that will establish compliance with Chapter 17.05 Uses Permitted Subject to Administrative Approval and Chapter

17.60 Site Development Permits for future uses permitted in the M-2 Industrial Zone District.

3. Recommended that the City Council adopt the Mutually Termination Agreement and adopt An Uncodified Ordinance No. 2024-XX Accepting the Mutual Termination Agreement of Uncodified Ordinance No.2019-445 dated February 12, 2019, and Accepting the Mutual Termination of Agreement No. 2019-05 Between the City of Arvin and Aaron Coppelson, MD, Inc., a California Corporation, Recorded June 14, 2019- Doc#219069900 Kern County Official Records.

ENVIRONMENTAL:

The action of disapproving a project does not meet the project definition under the California Environmental Quality Act. No further environmental actions nor requirements need to considered for this project.

PUBLIC HEARING NOTICE AND NOTICE TO THE SURROUNDING PROPERTIES:

A public hearing notice was published on February 29, 2024, providing a 10-day review, in accordance with Government Code Sections 65355 and 65090. In addition, properties within 300 feet of the project site were mailed a notice of the City Council public hearing date of March 12, 2024, on February 27, 2024. (Public Hearing Notice on File at the City Clerk’s Office).

STAFF RECOMMENDATION:

Introduce and waive the first reading of the attached “An Uncodified Ordinance No. 2024-XX Accepting the Mutual Termination Agreement of Uncodified Ordinance No.2019-445 dated February 12, 2019 and Accepting the Mutual Termination of Agreement No. 2019-05 Between the City of Arvin and Aaron Coppelson, MD, Inc., a California Corporation, Recorded June 14, 2019-Doc#219069900 Kern County Official Records”.

FINANCIAL IMPACT:

The acceptance of the Mutual Termination Agreement provides closure to any future obligations and benefits provided within the development agreement for the city, property and future landowners. The applicant has paid for the processing of the Mutual Termination Agreement.

ATTACHMENTS:
• Ordinance No. 2024-XX Accepting the Mutual Termination Agreement of Uncodified Ordinance No.2019-445 dated February 12, 2019 and Accepting the Mutual Termination of Agreement No. 2019-05 Between the City of Arvin and Aaron Coppelson, MD, Inc., a California Corporation, Recorded June 14, 2019-Doc#219069900 Kern County Official Records.
• Mutual Termination Agreement dated and signed by Applicant December 12, 2023.

5.B.1
Attachment: 1-Staff Report DA Termination - 100 W Sycamore - Coppelson_031224 (Public Hearing - First Reading - Ordinance re 100 W. • Cover Page for Recording – Mutual Termination Agreement Documents On File At City Clerk’s Office:
• Public Hearing Notice for March 12, 2024 City Council Hearing. • Planning Commission Resolutions:
- Resolution No. APC 2024-05, A Resolution of the Planning Commission of the City of Arvin Termination of APC 2018-18, Dated December 11, 2028, A Resolution of the Planning Commission of the City of Arvin Approving Conditional Use Permit for Type 3 B Cultivation, Type 11 Distribution, and Type 9 Non-Store Front Delivery and Site Development Plan/Permit (CUP 2018-100SS/SDP No. 2018-100SSR) For Commercial Cannabis Operations Located at 100 Sycamore Road, Arvin, Ca. -
- Resolution No. APC 2024-06, A Resolution of the Planning Commission of the City of Arvin Approving Site Development Permit (SDP2024-100WSR) APN 192-231-08 (2.03 Acres) Meeting the Requirements of Chapter 17.l05 Uses Permitted Subject to Administrative Approval and Chapter 17.60 Site Development Permits for Future Uses Permitted in the M-2 Industrial Zone District.
-
- Resolution No. APC 2024-07, A Resolution of the City of Arvin Planning Commission of the City of Arvin Recommending City Council Adopt An Uncodified Ordinance Accepting the Mutual Termination Agreement of Uncodified Ordinance No. 2019-455 Dated February 12, 2019, and Accepting the Termination of Agreement for Agreement No. 2019-05 (Development Agreement) Between the City of Arvin and Aaron Coppelson, MD, Inc., A California Corporation, Recorded June 14, 2019 – Doc#219069900 Kern County Official Records.

5.B.1
Attachment: 1-Staff Report DA Termination - 100 W Sycamore - Coppelson_031224 (Public Hearing - First Reading - Ordinance re 100 W.

Ordinance Mutual Termination of Ord. No. 455 and Agreement No 2019-05 – 100 W Sycamore - Coppelson

Page 1 of 3 ends

ORDINANCE NO. _________

AN UNCODIFIED ORDINANCE ACCEPTING THE MUTUAL
TERMINATION AGREEMENT OF UNCODIFIED ORDINANCE NO.
2019-455 DATED FEBRUARY 12, 2019, AND ACCEPTING THE
MUTUAL TERMINATION AGREEMENT FOR AGREEMENT NO. 2019-
05 (DEVELOPMENT AGREEMENT) BETWEEN THE CITY OF ARVIN
AND AARON COPPELSON, MD, INC., A CALIFORNIA
CORPORATION, RECORDED JUNE 14, 2019-DOC#219069900 KERN
COUNTY OFFICIAL RECORDS.

WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements, amend development agreements and to terminate development agreements with private property owners; and WHEREAS, the City of Arvin City Council on February 12, 2019, adopted Ordinance No. 455 An Uncodified Ordinance of the City Council of the City of Arvin and Agreement No. 2019-05, Development Agreement by and between the City of Arvin and Aaron Coppelson, MD, Inc. A California Corporation for property located at 100 West Sycamore Road, APN 192-231- 08 (2.03 Acres); and
WHEREAS, The Planning Commission Resolution No. APC 2024-07, on file at the City Clerk’s Office, recommending the Mutual Termination of Ordinance No. 455 and Agreement No. 2019-05, Development Agreement by and between the City of Arvin and Aaron Coppelson, MD, Inc. A California Corporation for property located at 100 West Sycamore Road, APN 192-231-08 (2.03 Acres); and
WHEREAS, The City Council accepts the Mutual Termination Agreement and decrees all rights, obligations, and benefits will be terminated as was established by Uncodified Ordinance No. 455 and Agreement No. 2019-05 for property located at 100 West Sycamore Road, APN 192-231-08 (2.03 Acres); and
WHEREAS, the City Planning Commission conducted a duly noticed public hearing on February 20, 2024 at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed termination of Ordinance No. 455 and Agreement No. 2019-05; and
WHEREAS, the City properly noticed the March 12, 2024 hearing before the City Council for the acceptance of the Mutual Termination Agreement of Ordinance No. 455 and Agreement No. 2019-05 pursuant to Government Code sections 65090 and 65091 by publication in the newspaper and provided notice to all property owners within 300 feet of the proposed projects; and
WHEREAS, in accordance with the terms of the development agreement, Aaron Coppelson, MD, Inc. A California Corporation were mailed by certified mail, the Planning Commission Report and supporting documentation for the acceptance of the Mutual Termination

5.B.2
Attachment: 2-Ordinance Termination of Ord 455 - 100 W Sycamore Coppelson - 1st Reading 031224 (Public Hearing - First Reading - Ordinance Mutual Termination of Ord. No. 455 and Agreement No 2019-05 – 100 W Sycamore - Coppelson

Page 2 of 3 ends

Agreement of Uncodified Ordinance No. 455 and Agreement No. 2019-05; and WHEREAS, the City Council conducted a duly noticed public hearing on March 12, 2024, at which time all interested parties were given an opportunity to be heard and present evidence regarding the Mutual Termination Agreement of Uncodified Ordinance No. 455 and Agreement No. 2019-05 and after which this Ordinance was introduced by the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARVIN DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are incorporate herein and are true and correct.

Section 2. The Mutual Termination Agreement of Ordinance No. 455 and Agreement No. 2019-05 between the City of Arvin and Aaron Coppelson, MD, Inc. A California Corporation for property located at 100 West Sycamore Road, APN 192-231-08 (2.03 Acres), will not be detrimental, or cause adverse effects, to adjacent property owners, residents, or the public, since the Mutual Termination Agreement relieves the applicant of all rights, obligations, and benefits which provided specific entitlements and benefits to the Developer and not the community as a whole.

Section 3. For the foregoing reasons and based on the information contained in any staff report, supporting documentation, minutes, and other records of the proceedings, all of which are incorporated herein by this reference, the City Council hereby adopts this Ordinance and approves the Mutual Termination of Ordinance No. 455 and Agreement No. 2019-05 incorporated herein by this reference.

Section 4. The City Council authorizes and directs the City Manager, City Attorney, and City Clerk to sign and prepare the Mutual Termination Agreement for recording with the Kern County Recorder’s Office.

Section 5. The City Clerk shall certify the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

Section 6. Upon the second reading and adoption of the ordinance, the City Clerk shall cause the Mutual Termination Agreement to be recorded with the Kern County Recorder’s Office.

Section 7. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption. //////
//////
//////

Page 3 of 3 ends

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 12th day of March 2024 and adopted the Ordinance after the second reading at a regular meeting held on the ______ day of _______________, 2024, by the following roll call vote:

AYES:________________________________________________________________________ NOES:________________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________ ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

SUSANA REYES, Mayor Pro Tem
APPROVED AS TO FORM:

By:

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

5.B.2
Attachment: 2-Ordinance Termination of Ord 455 - 100 W Sycamore Coppelson - 1st Reading 031224 (Public Hearing - First Reading -

5.B.3
Attachment: 3-Signed Mutual Termination of DA Dec 20 2023 (Public Hearing - First Reading - Ordinance re 100 W. Sycamore - Coppelson)

RECORDED AT THE REQUEST OF

AND WHEN RECORDED RETURN TO
(Document exempt from recording fees
pursuant to Cal. Gov. Code §27383)

CITY OF ARVIN
Attn: City Clerk
200 Campus Drive
Arvin, CA 93203
NO FEE – Government Code Section 6103
AGREEMENT NO. 2024-XX
Mutual Termination of Development Agreement
A2019-05, Document #2019069900 Recorded
June 14, 2019, And Conditional Use Permit –
APC2018-19 (CUP2018-100SS) Dated December 11, 2018
By and Between

THE CITY OF ARVIN
A municipal corporation
And
Aaron Coppelson M.D., Inc.,
a California Corporation

5.B.4
Attachment: 4-Recording Cover Page (1) (Public Hearing - First Reading - Ordinance re 100 W. Sycamore - Coppelson)

Page 1 of 2 ends

CITY OF ARVIN

NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time the public may be present and be heard, to consider the following:

For consideration of the adoption of an Uncodified Ordinance Accepting the Mutual Termination Agreement of Uncodified Ordinance No. 2019-445 dated February 12, 2019, and Accepting the Mutual Termination of Agreement (Development Agreement), No. 2019-05 Between the City of Arvin and Aaron Coppelson, MD, Inc., a California Corporation, Recorded June 14, 2019- Doc#219069900 Kern County Official Records.

Applicant: City of Arvin
Location: Uncodified Ordinance No. 2019-445 dated February 12, 2019, and the Mutual Termination of Development Agreement that applies to property located at 100 West Sycamore Road, APN 192-231-08 (2.03 Acres)
Project Description: Termination of Uncodified Ordinance adopted February 12, 2019, and the Mutual Termination of Agreement (Development Agreement) No. 2019-05 Between the City of Arvin and Aaron Coppelson, MD, Inc., a California Corporation, Recorded June 14, 2019- Doc#219069900 Kern County Official Records.

The purpose of the public hearing will be to give citizens an opportunity to make their comments known. If you are unable to attend the public hearing, you may direct written comments to City of Arvin, City Clerk’s Office, PO Box 548, Arvin, CA 93203 or emailed to [email protected]. All public comments will be provided to the City Council and may be read into the record or compiled as part of the record. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting and/or should you desire Spanish translation at the meeting, please call (661) 854-3134. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and translation services.

5.B.5
Attachment: 5-PHN Uncodified Ord Accepting Mutual Termination DA - 100 W Sycamore_CC Mtg of 031224_Published 022924 (Public Hearing -

Page 2 of 2 ends

4:00 p.m. on the date of this hearing. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to the public hearing (Govt. Code Sec. 65009). Address any communications or comments regarding the project to Cecilia Vela, City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].
/s/
Cecilia Vela, City Clerk
City of Arvin, California
Published: Bakersfield Californian, February 29, 2024

5.B.5
Attachment: 5-PHN Uncodified Ord Accepting Mutual Termination DA - 100 W Sycamore_CC Mtg of 031224_Published 022924 (Public Hearing - Staff Report – Ordinance Amending Ord No. 446 – Dev. Agmt Westminster.

Page 1 of 4 ends

CITY OF ARVIN
Staff Report
Meeting Date: March 12, 2024
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jake Raper, Consultant Planner
Jeff Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Introduction of An Uncodified Ordinance Amending Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin For A Third Amendment to the Development Agreement 2018-12 With Westminster Capital Inc. Adopted on May 15, 2018, Deleting Westminster Capital Inc. and Adding WC Arvin LP and Deleting APN 189-353-01 consisting of 8.53 Acres which is currently zoned C2-MUO.

BACKGROUND:

Planning Commission Action and Recommendations to City Council of February 20, 2024, for the following two actions. The Planning Commission reports and supporting documents for February 20, 2024, are on file at the City Clerk’s Office

1. Resolution No. APC 2024-01, A Resolution of the Arvin Planning Commission recommending City Council Find that WC Arvin L.P., APN 189-353-03 (10.67 Acres), is compliant with the Terms of the Agreement between WC Arvin LP and City of Arvin and Amend Uncodified Ordinance No. 446 - An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018. Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records By the Removal of APN 189-353-01 (8.53 Acres).

2. Resolution No. 2024-02, A Resolution of the City of Arvin Planning Commission of the City of Arvin Recommending City Council Find Arvin Shopping Center LLC, a California limited liability company purchased APN 189-353-01 (8.53 Acres) on March 8, 2021, is noncompliant with the Terms of the Development Agreement and Terminates all rights, interests and obligations as Established By Uncodified Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018, Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records, as amended.

Background and Summary: Westminster Capital transferred ownership of the lands to WC Arvin LP on August 7, 2023, without notification to the City. WC Arvin LP sold APN 189-353- 01 which consists of 8.53 Acres and currently zoned C-CMU to Arvin Shopping Center LLC on March 8, 2021. These transactions created non-compliance with the terms of the Development

5.C.1
Attachment: 1-Staff Report DA - WC Arvin and Arvin Shopping Ctr_031224 (Public Hearing - First Reading - Ordinance re Westminster / WC Staff Report – Ordinance Amending Ord No. 446 – Dev. Agmt Westminster.

Page 2 of 4 ends

Agreement. (Attachment XX – Historical Background) WC Arvin LP, through its representative, became compliant with the terms of the Development Agreement by submitting and receiving approval to two Annual compliance Reports. WC Arvin LP also submitted and received approval by the City Manager the Assignment and Assumption Agreement between Westminster Capital LLC and WC Arvin LP on August 7, 2023, transferring all rights and obligations to WC Arvin LLC for APN 189-353-03 (10.67 Acres) currently zoned R-4-CMU.

The agreement has been forwarded to Kern County for recording.

Due to the sale of APN 189-353-01 to Arvin Shopping Center LLC on March 8, 2021, also requires an Assignment and Assumption Agreement. Representatives of WCI Arvin LP prepared and signed the required Assignment and Assumption Agreement between WCI Arvin LP and Arvin Shopping Canter LLC for the sale of APN-353-01 consisting of 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU)(“Commercial Property.

Representatives of WCI have completed an Assumption Agreements APN 189-353-01 and signatures were attempted to be obtained from Arvin Shopping Center LLC.

However, as the writing of this report, February 24, 2024, Arvin Shopping Center LLC representatives have not exercised the Assumption Agreement nor contacted the city to facilitate the agreement. The City of Arvin, via Certified Mail dated December 11, 2023, advised the Managing Member of Arvin Shopping Center LLC that should the Assignment and Assumption Agreement not be implemented the City will process an amendment to the existing Development Agreement and delete APN 189-353-01 consisting of approximately 8.53 Acres from all rights, interests, and obligations. The first Certified Letter to the Arvin Shopping Center LLC was returned. A subsequent Certified Letter was mailed to the address as identified by the County Recorder’s Office – that Certified Letter was not returned to the city. As of this date, February 24, 2024, no response has been received from the Managing Member.

Due to the inaction of Arvin Shopping Center LLC, Planning Commission has recommended that the property identified as Assessor Parcel Number (APN) 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”) is noncompliant with the Terms of the Development Agreement. The Planning Commission resolution is Recommending City Council Find Arvin Shopping Center LLC, a California limited liability company purchased on March 8, 2021, APN 189-353-01, a 8.53 acre site zoned as Commercial-Mixed Use Overlay (C-CMU)(“Commercial Property”) is noncompliant with the Terms of the Development Agreement and Terminates all rights, interests and obligations as established by Uncodified Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018, Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records.

ENVIRONMENTAL:

The action of minor amendment to a previously approved project does not meet the project definition under the California Environmental Quality Act. No further environmental actions nor requirements need to consider for this project.

Page 3 of 4 ends

PUBLIC HEARING NOTICE AND NOTICE TO THE SURROUNDING PROPERTIES:

A public hearing notice was published on February 29, 2024, providing a 10-day review, in accordance with Government Code Sections 65355 and 65090. In addition, properties within 300 feet of the project site were mailed a notice of the City Council public hearing date of March 12, 2024, on February 27, 2024. The property owners: WC Arvin LP (APN189-353-03 consisting of

10.67 Acres) and Arvin Shopping Center LLC (APN 189-353-01 consisting of 8.53 Acres) were notified by certified mail. (Public Hearing Notice and mailing label are on File at the City Clerk’s Office).

STAFF RECOMMENDATION:

Introduce and waive the first reading of the attached “Introduction and First Reading Of An Uncodified Ordinance No. 2024-XX – Amending Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin For A Third Amendment to the Development Agreement 2018-12 With Westminster Capital Inc. Adopted on May 15, 2018, Deleting Westminster Capital Inc. and Adding WC Arvin LP and Deleting APN 189-353-01 consisting of 8.53 Acres which is currently zoned C2-MUO.”
FINANCIAL IMPACT:

The adoption of the uncodified ordinance provides clarification as to the rights and obligations of the property owners and the City of Arvin. Staff and Consultant time were expended in the preparation of the investigations and reports. The long-term financial obligation of the city is clarified by the adoption of the uncodified ordinance and amendment to the existing development agreement. Some cost recovery was received from the applicant.

ATTACHMENTS:
• Ordinance Amending Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin For A Third Amendment to the Development Agreement 2018-12 With Westminster Capital Inc. Adopted on May 15, 2018, Deleting Westminster Capital Inc. and Adding WC Arvin LP and Deleting APN 189-353-01 consisting of 8.53 Acres which is currently zoned C2-MUO.
• Cover Page for Recording – Mutual Termination Agreement. • Resolution No. APC 2024-01, A Resolution of the Arvin Planning Commission recommending City Council Find that WC Arvin L.P., APN 189-353-03 (10.67 Acres), is compliant with the Terms of the Agreement between WC Arvin LP and City of Arvin and Amend Uncodified Ordinance No. 446 - An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018. Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records By the Removal of APN 189-353-01 (8.53 Acres).
• Resolution No. APC 2024-02, A Resolution of the City of Arvin Planning Commission of the City of Arvin Recommending City Council Find Arvin Shopping Center LLC, a California limited liability company purchased APN 189-353-01 (8.53 Acres) on March 8, 2021, is noncompliant with the Terms of the Development Agreement and Terminates

Page 4 of 4 ends

all rights, interests and obligations as Established By Uncodified Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018, Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records, as amended.
• Historical Background relating to activities for Westminster Inc., WC Arvin L.P., and Arvin Shopping Center LLC (February 24, 2024-JR)
Documents On File at City Clerk’s Office:
• Planning Commission Reports and Supporting Documents as provided on February 20, 2024.
• Public Hearing Notice and mailing labels for March 12, 2024, City Council Hearing.

5.C.1
Attachment: 1-Staff Report DA - WC Arvin and Arvin Shopping Ctr_031224 (Public Hearing - First Reading - Ordinance re Westminster / WC Ordinance Amending Ordinance No. 446 – Westminster / WC Arvin LP

Page 1 of 4 ends

ORDINANCE NO. __________

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARVIN AMENDMING ORDINANCE NO. 446 AN

UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ARVIN FOR A THIRD AMENDMENT TO THE DEVELOPMENT
AGREEMENT 2018-12 WITH WESTMINSTER CAPITAL, INC.

ADOPTED ON MAY 15, 2018, DELETING WESTMINSTER CAPITAL
INC. AND ADDING WC ARVIN LP AND DELETING APN 189-353-
01(8.53 ACRES)
WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements, amend development agreements and to terminate development agreements with private property owners; and WHEREAS, the City of Arvin City Council adopted Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018; adopted ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456; and entered into a Development Agreement 2018-12 -Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018 Doc#218143949; and
WHEREAS, Ordinance No. 446 and DA 2018-12 is on file at the City of Arvin City Clerk’s Office for reference and findings of Planning Commission Resolution No. APC 2024- 01 and Planning Commission No. APC 2024-02 recommending the amending Ordinance No. 446 and DA 2018-12 replacing Westminster Capital LLC with WC Arvin LP as the Developer and deleting APN 189-353-01 and find of noncompliance for Arvin Shopping Center LLC; and WHEREAS, WC Arvin LP provided the required Annul Compliance Reports as required by the development agreement, a new Assignment and Assumption Agreement was approved by the City which transferred and assigned all of its rights, interests, and obligations under the DA to WC Arvin LP on August 7, 2023; and
WHEREAS, The completion of the Assignment and Assumption Agreement with WC Arvin L.P. transferred all rights, interests and obligations for properties identified as and zoned APN’s 189-353-03, 10.67 Acres zoned R-4 Limited Multifamily Residential – Mixed Use Overlay (R-4-CMU); and
WHEREAS, WC Arvin LP sold property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU)(“Commercial Property”) to Arvin Shopping Center LLC on March 8, 2021; and
WHEREAS, Arvin Shopping Center LLC, a California limited liability company purchased on March 8, 2021, APN 189-353-01, a 8.53 acre site zoned as Commercial-Mixed Use

5.C.2
Attachment: 2-Ord Amend Ord 446 - WCI Arvin_031224 (Public Hearing - First Reading - Ordinance re Westminster / WC Arvin LP) Ordinance Amending Ordinance No. 446 – Westminster / WC Arvin LP

Page 2 of 4 ends

Overlay (C-CMU)(“Commercial Property”) is noncompliant with the Terms of the Development Agreement and is subject to the termination of all rights, interests and obligations as established by Uncodified Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018, Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records; and
WHEREAS, WC Arvin LP prepared and signed an Assignment and Assumption Agreement on December 18, 2023, to transfer and assigned all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC for property identified as APN 189- 353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”); and
WHEREAS, Arvin Shopping Center LLC has not executed the Assignment and Assumption Agreement that transfers and assigns all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC for property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”); and
WHEREAS, The City of Arvin, via Certified Mail dated December 11, 2023 advised the Managing Member of Arvin Shopping Center LLC that should the Assignment and Assumption Agreement not be implemented the City will process an amendment to the existing Development Agreement and delete APN 189-353-01 consisting of approximately 8.53 Acres from the all rights, interests, and obligations; and
WHEREAS, Due to the inaction of Arvin Shopping Center LLC, the Planning Commission is recommending that the property identified as Assessor Parcel Number (APN) 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”) is noncompliant with the Terms of the Development Agreement and is recommended to be removed from the Development Agreement; and WHEREAS, the City Planning Commission conducted a duly noticed public hearing on June 20, 2023 in which the public hearing was continued from time to time and at the February 20, 2024 Planning Commission conducted a public hearing at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed amendment recommending the amending Ordinance No. 446 and DA 2018-12 replacing Westminster Capital LLC with WC Arvin LP as the Developer and deleting APN 189-353-01; and WHEREAS, the City properly noticed the March 12, 2024 hearing before the City Council for the tentative amendment to Ordinance No. 446 and deletion of APN 189-353-01 from DA 2018-12 pursuant to Government Code sections 65090 and 65091 by publication in the newspaper and provided notice to all property owners within 300 feet of the proposed projects; and

5.C.2
Attachment: 2-Ord Amend Ord 446 - WCI Arvin_031224 (Public Hearing - First Reading - Ordinance re Westminster / WC Arvin LP) Ordinance Amending Ordinance No. 446 – Westminster / WC Arvin LP

Page 3 of 4 ends

WHEREAS, in accordance with the terms of the development agreement, Westminster Capital Inc., WC Arvin LP, and Arvin Shopping Center LLC, and representative were mailed by certified mail, the Planning Commission Report and supporting documentation for the amendment to the Uncodified Ordinance No. 446 and DA 2018-12; and WHEREAS, the City Council conducted a duly noticed public hearing on March 12, 2024, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed amendment to Ordinance No. 446 and DA 2018-12, and after which this Ordinance was introduced by the City Council; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARVIN DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are incorporate herein and are true and correct.

Section 2. The City of Arvin City Council adopted Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018; adopted ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456; and entered into a Development Agreement 2018-12 -Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018 Doc#218143949.

Section 3. The proposed amendment of Ordinance No. 446 and DA 2018-12 replacing Westminster Capital LLC with WC Arvin LP as the Developer and deleting APN 189-353-01 will not be detrimental, or cause adverse effects, to adjacent property owners, residents, or the public, since the amendment provides specific entitlements and benefits to the Developer and not the community as a whole.

Section 4. For the foregoing reasons and based on the information contained in any staff report, supporting documentation, minutes, and other records of the proceedings, all of which are incorporated herein by this reference, the City Council hereby adopts this Ordinance and approves the amendment of Ordinance No. 446 and DA 2018-12. incorporated herein by this reference.

Section 5. The City Clerk shall certify the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

Section 6. Upon the second reading and adoption of the ordinance, the City Clerk shall cause the ordinance to be recorded with the Kern County Recorder’s Office.

Section 7. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption.

5.C.2
Attachment: 2-Ord Amend Ord 446 - WCI Arvin_031224 (Public Hearing - First Reading - Ordinance re Westminster / WC Arvin LP) Ordinance Amending Ordinance No. 446 – Westminster / WC Arvin LP

Page 4 of 4 ends

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 12th day of March 2024 and adopted the Ordinance after the second reading at a regular meeting held on the _____ day of __________ 2024, by the following roll call vote:

CITY OF ARVIN
By:

SUSANA REYES, Mayor Pro Tem
APPROVED AS TO FORM:

By:

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

5.C.2
Attachment: 2-Ord Amend Ord 446 - WCI Arvin_031224 (Public Hearing - First Reading - Ordinance re Westminster / WC Arvin LP) February 26, 2024 Page 1 of 1

RECORDED AT THE REQUEST OF

AND WHEN RECORDED RETURN TO
(Document exempt from recording fees
pursuant to Cal. Gov. Code §27383)

CITY OF ARVIN
Attn: City Clerk
200 Campus Drive
Arvin, CA 93203
NO FEE – Government Code Section 6103
AMENDING ORDINANCE NO. 446
Amending Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin For A Third Amendment to the Development Agreement 2018-12 With Westminster Capital Inc. Adopted on May 15, 2018, Deleting Westminster Capital Inc. and Adding WC Arvin LP and Deleting APN 189-353- 01 consisting of 8.53 Acres which is currently zoned C2-MUO.

THE CITY OF ARVIN
A municipal corporation

5.C.3
Attachment: 3-Recording Cover Page (1) (Public Hearing - First Reading - Ordinance re Westminster / WC Arvin LP) February 26, 2024 Page 1 of 3
Amending Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin For A Third Amendment to the Development Agreement 2018-12 With Westminster Capital Inc. Adopted on May 15, 2018, Deleting Westminster Capital Inc. and Adding WC Arvin LP and Deleting APN 189-353-01 consisting of 8.53 Acres which is currently zoned C2-MUO.

This amendment to the Development Agreement with WC Arvin LP, Doc#0203133456, in made and entered into as of this ___day of ____2024 by the City of Arvin, a California municipal corporation (the City) shall be refereed to herein as Party.

RECITALS
WHEREAS, The City of Arvin City Council adopted Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018. The properties included APN 189-351-36; APN 189-351-58 and -67 (Consisting of 140 Lots in Tract 5816) and APN 189-351-37. The adoption of the ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456. The Development Agreement 2018-12 -Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018, Doc#218143949.

WHEREAS, Transfer of APN 189-351-58 and -67 to Auburn Oak Developers LLC – DA -Agreement No. 2018-24, dated September 18, 2018 – Recorded October 18, 2018 – Doc#218137988: Auburn Oak Developers LLC purchased from Westminster Capital LLC approximately 24.73 acres of property consisting of 140 lots in Tract 5816, Phase 11, also known as Assessor Parcel Numbers 189-351-58 and -67, generally located South of Sycamore Drive on the West Side of Meyer Street. Auburn Oak Developers LLC assumed all of its rights, interests, obligations and entered into a Development Agreement with the City of Arvin. The Development Agreement No. 2018-24 dated September 18, 2018, was recorded on October 18, 2018. DA Agreement No. 2018-24 is on file at the City Clerk’s Office.

WHEREAS, Transfer of APN’s 189-353-03 and 189-353-01 from Westminster Capital to WC Arvin – August 7, 2023: The City of Arvin in processing the Annual Compliance Review discovered that Westminster Capital LLC sold properties to WC Arvin L.P.. The city-initiated revocation of the Development Agreement due to noncompliance with the terms of the DA. City Staff and representatives of Westminster Capital Inc. coordinated the required Annual Compliance Review update. The Assignment and Assumption Agreement between Westminster Capital, Inc. and WC Arvin L.P. was approved on August 7, 2023, which assigned all of its rights, interests, and obligations under the DA to WC Arvin LP for properties identified as and zoned APN’s 189-353-03, 10.67 Acres zoned R-4 Limited Multifamily Residential – Mixed Use Overlay (R-4-CMU) and 189-353-01, 8.53 Acres zoned C-2 Commercial-Mixed Use Overlay (C-CMU).

WHEREAS, WC Arvin LP Sale of APN 189-353-01 to Arvin Shopping Center LLC – March 8, 2021, the City Council determined that Arvin Shopping Center LLC, a California limited liability company purchased APN 189-353-01 (8.53 Acres) on March 8, 2021, and has not entered into an Assignment and Assumption Agreement and as a result is noncompliant with the Terms of the Development Agreement.

Failure to enter into a new Development Agreement or Assignment and Assumption Agreement terminates all rights, interests and obligations as Established By Uncodified Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018, Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records.

5.C.4
Attachment: 4-Amending Uncodified Ord 446 - WC Arvin and Delting APN 184-353-01 (Public Hearing - First Reading - Ordinance re February 26, 2024 Page 2 of 3
WHEREAS, WC Arvin LP sold the property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU)(“Commercial Property”) to Arvin Shopping Center LLC on March 8, 2021. The sale and transfer of the properties to Arvin Shopping Center LLC caused noncompliance with the terms of the Development Agreement. The City and WC Arvin LLC representatives have attempted to complete an Assignment and Assumption Agreement among WC Arvin LLC, Arvin Shopping Center LLC, and the City of Arvin. Representatives from WC Arvin L.P. advised the City that extensive correspondence has occurred with the principals of Avin Shopping Center LLC to facilitate the transfer of the rights, interests, and obligations under the Development Agreement to them.

Representatives of WC Arvin L.P. have prepared and have signed an Assignment and Assumption Agreement dated December 18, 2023, in an effort to facilitate the transfer of all rights, benefits, and obligations.

WHEREAS, Arvin Shopping Center LLC representatives have not exercised the Assumption Agreement nor contacted the city to facilitate the agreement. The City of Arvin, via Certified Mail dated December 11, 2023, advised the Managing Member of Arvin Shopping Center LLC that should the Assignment and Assumption Agreement not be implemented the City will process an amendment to the existing Development Agreement and delete APN 189-353-01 consisting of approximately 8.53 Acres from all rights, interests, and obligations. As of this date, February 24, 2024, no response has been received from the Managing Member.

WHEREAS, Due to the inaction of Arvin Shopping Center LLC, the City Council determined that the property identified as Assessor Parcel Number (APN) 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”) is noncompliant with the Terms of the Development Agreement. All rights, interests and obligations be terminated.

WHEREAS, The City Council Find Arvin Shopping Center LLC, a California limited liability company purchased on March 8, 2021, APN 189-353-01, a 8.53 acre site zoned as CommercialMixed Use Overlay (C-CMU)(“Commercial Property”) is noncompliant with the Terms of the Development Agreement and Terminates all rights, interests and obligations as established by Uncodified Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018, Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records.

DETERMINATION AND ACTION BY CITY
NOW, THEREFORE, the City Council of the City of Arvin does ordain as follows:

1. The City of Arvin City Council adopted Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018; adopted ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456; and entered into a Development Agreement 2018-12 -Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018 Doc#218143949.

2. The amendment of Ordinance No. 446 and DA 2018-12 replacing Westminster Capital LLC with WC Arvin LP as the Developer and deleting APN 189-353-01 will not be detrimental, or cause adverse effects, to adjacent property owners, residents, or the public, since the amendment provides specific entitlements and benefits to the Developer and not the community as a whole.

5.C.4
Attachment: 4-Amending Uncodified Ord 446 - WC Arvin and Delting APN 184-353-01 (Public Hearing - First Reading - Ordinance re February 26, 2024 Page 3 of 3

3. This amendment does not affect any other terms, conditions, and obligations as established under Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018; adopted ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456; and entered into a Development Agreement 2018-12 -Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018 Doc#218143949.

4. The City Manager is directed and authorized to sign this amendment of Ordinance No. 446 and DA 2018-12 replacing Westminster Capital LLC with WC Arvin LP as the Developer and deleting APN 189-353-01 and is directed to coordinate the recording of the Amendment to the Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018; adopted ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456; and entered into a Development Agreement 2018-12 -Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018 Doc#218143949.N
IN WITNESS WHEREOF, the City of Arvin City Manager hereto have duly executed this amendment:

CITY OF ARVIN
a Municipal Corporation
By:______________________________
Jeff Jones Dated
City Manager
Attest:
_______________________________
Cecilia Vela, City Clerk
Attest as to Form:
___________________________________________________________________ Nathan M. Hodges, City Attorney

5.C.4
Attachment: 4-Amending Uncodified Ord 446 - WC Arvin and Delting APN 184-353-01 (Public Hearing - First Reading - Ordinance re

Page 1 of 6 ends

Reso Amend Ord No 466 – PC Mtg Jan. 16, 2024
RESOLUTION NO. APC 2024-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ARVIN RECOMMENDING THE CITY COUNCIL FIND THAT WC
ARVIN L.P., APN 189-353-03 (10.67 ACRES), IS COMPLIANT WITH THE

TERMS OF THE AGREEMENT BETWEEN WC ARVIN LP AND CITY
OF ARVIN AND AMEND UNCODIFIED ORDINANCE NO. 446 - AN

UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ARVIN FOR A THIRD AMENDMENT TO THE DEVELOPMENT
AGREEMENT WITH WESTMINSTER CAPITAL, INC. DATED MAY 15,
2018, DEVELOPMENT AGREEMENT 2018-12 BETWEEN THE CITY OF ARVIN AND WESTMINSTER CAPITAL INC. RECORDED OCTOBER 3,
2018 – DOC# 218143949 KERN COUNTY OFFICIAL RECORDS BY THE REMOVAL OF APN 189-353-01 (8.53 ACRES).

WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with private property owners; and WHEREAS, the City of Arvin City Council (the "City Council") previously entered into a Development Agreement with Sycamore Villas, LLC, pursuant to the authority of Government Code Sections 65864 through 65869.5 which was recorded on July 3, 2003, in the Kern County Official Records as Document Number 0203133456, ("Development Agreement"); and
WHEREAS, under the Development Agreement, Sycamore Villas, LLC had the right to sell, assign or transfer the Development Agreement, and all of its rights, duties and obligation thereunder, to any person, including a portion thereof; and WHEREAS, Sycamore Villas, LLC, sold a portion of the property subject to the Development Agreement to K. Hovnanian at Ceilo, LLC, and transferred its obligations and rights to K. Hovnanian at Ceilo, LLC, thereunder, and K. Hovnanian at Ceilo, LLC, is a successor in interest to that portion of the property; and WHEREAS, pursuant to Government Code Section 65868, development agreements may be entered into, may be amended, and may be terminated; and WHEREAS, the Development Agreement was subsequently amended, some amendments with Sycamore Villas, LLC, or K. Hovnanian at Ceilo, LLC as a party, and some without, depending on the portion of the property subject to the Development Agreement being affected; and
WHEREAS, Leora, LLC obtained the development rights previously held by Sycamore Villas, LLC, for Tract 5816, Phases 5, 9 and 10 along with the rights and obligations as established by the Development Agreement established for Tract 5816; and WHEREAS, the City and LeOra LLC amended the Development Agreement (“LeOra Third Amendment”); and

5.C.5
Attachment: 5-PC Reso - WC Arvin Compliant and Amend Uncodifed Ord 446 and DA (Public Hearing - First Reading - Ordinance re

Page 2 of 6 ends

Reso Amend Ord No 466 – PC Mtg Jan. 16, 2024
WHEREAS, Westminster Capital, Inc., obtained a portion of the development rights previously held by Sycamore Villas, LLC, for Tract 5816, which is a portion of the property previously owned by Sycamore Villas, LLC that was not was not at any time owned by LeOra, LLC or K. Hovnanian at Ceilo, LLC; and
WHEREAS, The City of Arvin City Council adopted Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018; adopted ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456; and entered into a Development Agreement 2018-12 -Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018 Doc#218143949; and
WHEREAS, Auburn Oak Developers LLC purchased from Westminster Capital LLC approximately 24.73 acres of property consisting of 140 lots in Tract 5816, Phase 11, also known as Assessor Parcel Numbers 189-351-58 and -67, generally located South of Sycamore Drive on the West Side of Meyer Street; and
WHEREAS, Auburn Oak Developers LLC assumed all of its rights, interests, obligations for properties identified as APN’s 189-351-58 and -67 and entered into a Development Agreement with the City of Arvin. The Development Agreement No. 2018-24 dated September 18, 2018, was recorded on October 18, 2018. DA Agreement No. 2018-24 is on file at the City Clerk’s Office; and
WHEREAS, the City of Arvin Planning Staff requested information and documentation from Westminster Capital Inc. (Developer) as required by the development agreement, Section 5 - Indemnity: Insurance and Section 6 - Periodic Review of Compliance – Development Agreement City of Arvin and Sycamore Villas LLC, a California Limited Liability Company Recorded July 3, 2003 Doc# 0203133456 Kern County Official Records and Development Agreement 2018-12 between the City of Arvin and Westminster Capital, Inc., a Delaware corporation Recorded May 23, 2018 Doc# 218063885 Kern County Official Records; and WHEREAS, the Planning Director allowed the Developer sufficient time to meet the terms of compliance, which time shall be not less than thirty (30) days and shall be reasonably related to the time necessary adequately to bring Developer’s performance into good faith compliance with the terms of this Agreement. If the areas of noncompliance specified by the Planning Director are not cured or remedied within such reasonable time limits prescribed by the Planning Direct, then this Agreement shall be subject to modification or cancellations pursuant to this Agreement; and
WHEREAS, Section 6.5 direction to the Planning Director shall provide a Staff Report with preliminary findings, a copy of which, together with any supporting material, shall be provided to Developer at least ten (10) days prior to the hearing date; and

5.C.5
Attachment: 5-PC Reso - WC Arvin Compliant and Amend Uncodifed Ord 446 and DA (Public Hearing - First Reading - Ordinance re

Page 3 of 6 ends

Reso Amend Ord No 466 – PC Mtg Jan. 16, 2024
WHEREAS, City Staff and Representatives of Westminster Capital Inc, over a period of six (6) months and the Planning Commission continued public hearings from June 16, 2023, to January 16, 2024, provided sufficient time to achieve compliance with the terms and conditions of the Uncodified Ordinance No. 446 and Development Agreement 2018-12, Recorded October 3, 2018 – Doc# 218143949; and
WHEREAS, during the six (6) month period, the Westminster Capital Inc. provided the required Annul Compliance Reports as required by the development agreement, a new Assignment and Assumption Agreement was approved by the City which transferred and assigned all of its rights, interests, and obligations under the DA to WC Arvin LP. The completion of the Assignment and Assumption Agreement WC Arvin L.P. transferred all rights, interests and obligations for properties identified as and zoned APN’s 189-353-03, 10.67 Acres zoned R-4 Limited Multifamily Residential – Mixed Use Overlay (R-4-CMU) and 189-353-01,

8.53 Acres zoned C-2 Commercial-Mixed Use Overlay, all reports, payments; and

WHEREAS, WCI Arvin LP sold property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU)(“Commercial Property”) to Arvin Shopping Center LLC on March 8, 2021; and
WHEREAS, WCI Arvin LP prepared and signed a Assignment and Assumption Agreement on December 18, 2023 to transfer and assigned all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC for property identified as APN 189- 353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”); and
WHEREAS, Arvin Shopping Center LLC has not executed the Assignment and Assumption Agreement that transfers and assigns all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC for property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”); and
WHEREAS, Planning Commission conducted a duly noticed public hearing on January 16, 2024, continued public hearing from June 20, 2023 and continued the public hearing from time to time, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed Third Amendment.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Arvin as follows:

1. The above recitals are true and correct.

2. Resolution of the Arvin Planning Commission recommending City Council Find that WC Arvin L.P., APN 189-353-03 (10.67 Acres), is compliant with the Terms of the Agreement between WC Arvin LP and City of Arvin and Amend Uncodified Ordinance No. 446 - An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018. Development

5.C.5
Attachment: 5-PC Reso - WC Arvin Compliant and Amend Uncodifed Ord 446 and DA (Public Hearing - First Reading - Ordinance re

Page 4 of 6 ends

Reso Amend Ord No 466 – PC Mtg Jan. 16, 2024
Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records By the Removal of APN 189-353-01 (8.53 Acres).

3. The Planning Commission recommends the City Council Amend Uncodified Ordinance No. 446 By the Removal of APN 189-353-01 (8.53 Acres) currently zoned C-MUO, attached hereto and recommends the City Council make the following findings:
a. The City of Arvin City Council adopted Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018; adopted ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456; and entered into a Development Agreement 2018-12 - Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018 Doc#218143949. b. The City of Arvin Planning Staff requested information and documentation from Westminster Capital Inc. (Developer) as required by the development agreement, Section 5 - Indemnity: Insurance and Section 6 - Periodic Review of Compliance – Development Agreement City of Arvin and Sycamore Villas LLC, a California Limited Liability Company Recorded July 3, 2003 Doc# 0203133456 Kern County Official Records and Development Agreement 2018-12 between the City of Arvin and Westminster Capital, Inc., a Delaware corporation Recorded May 23, 2018 Doc# 218063885 Kern County Official Records.
c. The Planning Director allowed the Developer sufficient time to meet the terms of compliance, which time shall be not less than thirty (30) days and shall be reasonably related to the time necessary adequately to bring Developer’s performance into good faith compliance with the terms of this Agreement. If the areas of noncompliance specified by the Planning Director are not cured or remedied within such reasonable time limits prescribed by the Planning Direct, then this Agreement shall be subject to modification or cancellations pursuant to this Agreement.
d. Section 6.5 direction to the Planning Director shall provide a Staff Report with preliminary findings, a copy of which, together with any supporting material, shall be provided to Developer at least ten (10) days prior to the hearing date. e. City Staff and Representatives of Westminster Capital Inc, over a period of six (6) months and the Planning Commission continued public hearings from June 16, 2023, to January 16, 2024, provided sufficient time to achieve compliance with the terms and conditions of the Uncodified Ordinance No. 446 and Development Agreement 2018-12, Recorded October 3, 2018 – Doc# 218143949.
f. During the six (6) month period, the Westminster Capital Inc. provided the required Annul Compliance Reports as required by the development agreement, a new

5.C.5
Attachment: 5-PC Reso - WC Arvin Compliant and Amend Uncodifed Ord 446 and DA (Public Hearing - First Reading - Ordinance re

Page 5 of 6 ends

Reso Amend Ord No 466 – PC Mtg Jan. 16, 2024
Assignment and Assumption Agreement was approved by the City which transferred and assigned all of its rights, interests, and obligations under the DA to WC Arvin LP. The completion of the Assignment and Assumption Agreement WC Arvin L.P. transferred all rights, interests and obligations for properties identified as and zoned APN’s 189-353-03,

10.67 Acres zoned R-4 Limited Multifamily Residential – Mixed Use Overlay (R-4- CMU) and 189-353-01, 8.53 Acres zoned C-2 Commercial-Mixed Use Overlay, all reports, payments.
g. WCI Arvin LP sold property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU)(“Commercial Property”) to Arvin Shopping Center LLC on March 8, 2021.
h. WCI Arvin LP prepared and signed a Assignment and Assumption Agreement on December 18, 2023 to transfer and assigned all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC for property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”).
i. Arvin Shopping Center LLC has not executed the Assignment and Assumption Agreement that transfers and assigns all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC for property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”).
j. The proposed amendment of Ordinance 446 will not be detrimental, or cause adverse effects, to adjacent property owners, residents, or the general public, since the revocation and termination provides specific entitlements and benefits to the Developer and not the community as a whole.

4. This Resolution shall become effective immediately.
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5.C.5
Attachment: 5-PC Reso - WC Arvin Compliant and Amend Uncodifed Ord 446 and DA (Public Hearing - First Reading - Ordinance re

Page 6 of 6 ends

Reso Amend Ord No 466 – PC Mtg Jan. 16, 2024
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Arvin at a regular meeting thereof held on the 16th day of January 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, Secretary

ARVIN PLANNING COMMISSION
By: _________________________________
JOSHLYN HORTON, Chair
APPROVED AS TO FORM:

By: ________________________________
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, Secretary of the Planning Commission 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 Planning Commission of the City of Arvin on the date and by the vote indicated herein.

5.C.5
Attachment: 5-PC Reso - WC Arvin Compliant and Amend Uncodifed Ord 446 and DA (Public Hearing - First Reading - Ordinance re

Page 1 of 4 ends

Reso re Arvin Shopping Center Termination of DA – PC Mtg Jan 16, 2024.

RESOLUTION NO. APC 2024-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ARVIN RECOMMENDING THE CITY COUNCIL FIND THAT THE

ARVIN SHOPPING CENTER LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY PURCHASED APN 189-353-01 (8.53 ACRES) ON MARCH 8, 2021, IS NONCOMPLIANT WITH THE TERMS OF THE

DEVELOPMENT AGREEMENT AND TERMINATES ALL RIGHTS,

INTERESTS AND OBLIGATIONS AS ESTABLISHED BY UNCODIFIED
ORDINANCE NO. 446 AN UNCODIFIED ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ARVIN FOR A THIRD AMENDMENT TO

THE DEVELOPMENT AGREEMENT WITH WESTMINSTER CAPITAL,
INC. DATED MAY 15, 2018, DEVELOPMENT AGREEMENT 2018-12
BETWEEN THE CITY OF ARVIN AND WESTMINSTER CAPITAL INC.

RECORDED OCTOBER 3, 2018 – DOC# 218143949 KERN COUNTY
OFFICIAL RECORDS, AS AMENDED.

WHEREAS, California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with private property owners; and WHEREAS, the City of Arvin City Council (the "City Council") previously entered into a Development Agreement with Sycamore Villas, LLC, pursuant to the authority of Government Code Sections 65864 through 65869.5 which was recorded on July 3, 2003, in the Kern County Official Records as Document Number 0203133456, ("Development Agreement"); and
WHEREAS, The City of Arvin City Council adopted Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018; adopted ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456; and entered into a Development Agreement 2018-12 -Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018 Doc#218143949under the Development Agreement, Sycamore Villas, LLC had the right to sell, assign or transfer the Development Agreement, and all of its rights, duties and obligation thereunder, to any person, including a portion thereof; and WHEREAS, Auburn Oak Developers LLC purchased from Westminster Capital LLC approximately 24.73 acres of property consisting of 140 lots in Tract 5816, Phase 11, also known as Assessor Parcel Numbers 189-351-58 and -67, generally located South of Sycamore Drive on the West Side of Meyer Street, and
WHEREAS, Auburn Oak Developers LLC assumed all of its rights, interests, obligations and entered into a Development Agreement with the City of Arvin. The Development Agreement No. 2018-24 dated September 18, 2018, was recorded on October 18, 2018. DA Agreement No. 2018-24 is on file at the City Clerk’s Office.

5.C.6
Attachment: 6-PC Reso - Arvin Shopping Ctr LLC Deletion from DA (Public Hearing - First Reading - Ordinance re Westminster / WC Arvin LP)

Page 2 of 4 ends

Reso re Arvin Shopping Center Termination of DA – PC Mtg Jan 16, 2024.

WHEREAS, pursuant to Government Code Section 65868, development agreements may be entered into, may be amended, and may be terminated; and WHEREAS, during the six (6) month period, June 16, 2023 to January 19, 2024, the Westminster Capital Inc. provided the required Annul Compliance Reports as required by the development agreement, a new Assignment and Assumption Agreement was approved by the City which transferred and assigned all of its rights, interests, and obligations under the DA to WC Arvin LP. The completion of the Assignment and Assumption Agreement WC Arvin L.P. transferred all rights, interests and obligations for properties identified as and zoned APN’s 189- 353-03, 10.67 Acres zoned R-4 Limited Multifamily Residential – Mixed Use Overlay (R-4- CMU) and 189-353-01, 8.53 Acres zoned C-2 Commercial-Mixed Use Overlay, all reports, payments; and

WHEREAS, WCI Arvin LP sold property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU)(“Commercial Property”) to Arvin Shopping Center LLC on March 8, 2021; and
WHEREAS, The sale and transfer of the properties to Arvin Shopping Center LLC caused noncompliance with the terms of the Development Agreement. The City and WC Arvin LLC representatives have attempted to complete an Assignment and Assumption Agreement among WC Arvin LLC, Arvin Shopping Center LLC, and the City of Arvin. Representatives from WCI Arvin L.P. advised the City that extensive correspondence has occurred with the principals of Avin Shopping Center LLC to facilitate the transfer of the rights, interests, and obligations under the Development Agreement to Arvin Shopping Center LLC; and WHEREAS, WCI Arvin LP prepared and signed a Assignment and Assumption Agreement on December 18, 2023 to transfer and assigned all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC for property identified as APN 189- 353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”); and
WHEREAS, Arvin Shopping Center LLC has not executed the Assignment and Assumption Agreement that transfers and assigns all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC for property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”); and
WHEREAS, As of December 28, 2023, Arvin Shopping Center LLC representatives have not exercised the Assumption Agreement nor contacted the city to facilitate the agreement.

The City of Arvin, via Certified Mail dated December 11, 2023; and WHEREAS, The certified letter to the Managing Member of Arvin Shopping Center LLC advised that should the Assignment and Assumption Agreement not be implemented the

5.C.6
Attachment: 6-PC Reso - Arvin Shopping Ctr LLC Deletion from DA (Public Hearing - First Reading - Ordinance re Westminster / WC Arvin LP)

Page 3 of 4 ends

Reso re Arvin Shopping Center Termination of DA – PC Mtg Jan 16, 2024.

City will process an amendment to the existing Development Agreement and delete APN 189- 353-01 consisting of approximately 8.53 Acres from all rights, interests, and obligations; and WHEREAS, Planning Commission conducted a duly noticed public hearing on January 16, 2024, continued public hearings from June 20, 2023 and continued the public hearing from time to time, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed Third Amendment; and WHEREAS, Planning Commission recommended the adoption of Resolution No. 2024-XX on January 16, 2024, to amend Ordinance No. 446 and Development Agreement No. 2018-12 acknowledging the transfer of Assignment and Assumption Agreement on December 18, 2023 to transfer and assigned all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC and remove APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Arvin as follows:

1. The above recitals are true and correct.

2. Approves the Resolution of the Arvin Planning Commission recommending City Council Find that Arvin Shopping Center LLC is noncompliant with the Terms of the Agreement between WC Arvin LP and City of Arvin and Amend Uncodified Ordinance No. 446 - An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018. Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records.

3. Arvin Shopping Center LLC has not entered into an Assignment and Assumption Agreement for property purchased on March 8, 2021, identified as APN 189-353-01 (8.53 Acres).

4. Due to the inaction of Arvin Shopping Center LLC, that the property identified as Assessor Parcel Number (APN) 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”) is noncompliant with the Terms of the Development Agreement and all of its rights, interests, and obligations under the DA to Arvin Shopping Center LLC for property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”) is terminated.

5. This Resolution shall become effective immediately.
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5.C.6
Attachment: 6-PC Reso - Arvin Shopping Ctr LLC Deletion from DA (Public Hearing - First Reading - Ordinance re Westminster / WC Arvin LP)

Page 4 of 4 ends

Reso re Arvin Shopping Center Termination of DA – PC Mtg Jan 16, 2024.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Arvin at a regular meeting thereof held on the 16th day of January 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, Secretary

ARVIN PLANNING COMMISSION
By: _________________________________
JOSHLYN HORTON, Chair
APPROVED AS TO FORM:

5.C.6
Attachment: 6-PC Reso - Arvin Shopping Ctr LLC Deletion from DA (Public Hearing - First Reading - Ordinance re Westminster / WC Arvin LP) Historical Background – February 26, 2024 Page 1 of 2
HISTORICAL BACKGROUND RELATING TO ACTIVITIES FOR WESTMINSTER INC., WC ARVIN L.P., AND ARVIN SHOPPING CENTER LLC (FEBRUARY 24, 2024-JR)
HISTORICAL BACKGROUD: The City of Arvin City Council adopted Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018. The properties included APN 189-351-36; APN 189-351-58 and -67 (Consisting of 140 Lots in Tract 5816) and APN 189-351-37. The adoption of the ordinance also incorporated the amendments on behalf of Westminster Capital Inc. with the previously adopted development Agreement with Sycamore Villas, LLC recorded July 3, 2003, Doc#0203133456. The Development Agreement 2018-12 -Third Amendment to Development Agreement between the City of Arvin and Westminster LLC was recorded on October 31, 2018, Doc#218143949.

Transfer of APN 189-351-58 and -67 to Auburn Oak Developers LLC – DA -Agreement No. 2018-24, dated September 18, 2018 – Recorded October 18, 2018 – Doc#218137988:

Auburn Oak Developers LLC purchased from Westminster Capital LLC approximately 24.73 acres of property consisting of 140 lots in Tract 5816, Phase 11, also known as Assessor Parcel Numbers 189-351-58 and -67, generally located South of Sycamore Drive on the West Side of Meyer Street. Auburn Oak Developers LLC assumed all of its rights, interests, obligations and entered into a Development Agreement with the City of Arvin. The Development Agreement No. 2018-24 dated September 18, 2018, was recorded on October 18, 2018. DA Agreement No. 2018-24 is on file at the City Clerk’s Office.

Transfer of APN’s 189-353-03 and 189-353-01 from Westminster Capital to WC Arvin – August 7, 2023:

The City of Arvin in processing the Annual Compliance Review discovered that Westminster Capital LLC sold properties to WC Arvin L.P.. The city-initiated revocation of the Development Agreement due to noncompliance with the terms of the DA. City Staff and representatives of Westminster Capital Inc. coordinated the required Annual Compliance Review update. The Assignment and Assumption Agreement between Westminster Capital, Inc. and WC Arvin L.P. was approved on August 7, 2023, which assigned all of its rights, interests, and obligations under the DA to WC Arvin LP for properties identified as and zoned APN’s 189-353-03, 10.67 Acres zoned R-4 Limited Multifamily Residential – Mixed Use Overlay (R-4-CMU) and 189- 353-01, 8.53 Acres zoned C-2 Commercial-Mixed Use Overlay (C-CMU).

WC Arvin LP Sale of APN 189-353-01 to Arvin Shopping Center LLC – March 8, 2021:

The Planning Commission resolution finds that Arvin Shopping Center LLC, a California limited liability company purchased APN 189-353-01 (8.53 Acres) on March 8, 2021, and has not entered into an Assignment and Assumption Agreement and as a result is noncompliant with the Terms of the Development Agreement.

WC Arvin LP sold the property identified as APN 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU)(“Commercial Property”) to Arvin Shopping Center LLC on March 8, 2021. The sale and transfer of the properties to Arvin Shopping Center LLC caused noncompliance with the terms of the Development Agreement. The City and WC Arvin LLC representatives have attempted to

5.C.7
Attachment: 7-Background Westminster LLC, WC Arvin LP, and Arvin Shopping Center - February 26, 2024 (Public Hearing - First Reading - Historical Background – February 26, 2024 Page 2 of 2
complete an Assignment and Assumption Agreement among WC Arvin LLC, Arvin Shopping Center LLC, and the City of Arvin. Representatives from WCI Arvin L.P. advised the City that extensive correspondence has occurred with the principals of Avin Shopping Center LLC to facilitate the transfer of the rights, interests, and obligations under the Development Agreement to them. Representatives of WCI Arvin L.P. have prepared and have signed an Assignment and Assumption Agreement dated December 18, 2023, in an effort to facilitate the transfer of all rights, benefits, and obligations.

8.53 Acres from all rights, interests, and obligations. As of this date, February 24, 2024, no response has been received from the Managing Member.

Due to the inaction of Arvin Shopping Center LLC, Staff is recommending that the property identified as Assessor Parcel Number (APN) 189-353-01 a 8.53 acre site that is currently zoned as Commercial-Mixed Use Overlay (C-CMU) (“Commercial Property”) is noncompliant with the Terms of the Development Agreement.

Staff is recommending that all rights, interests and obligations be terminated. The Planning Commission resolution is Recommending City Council Find Arvin Shopping Center LLC, a California limited liability company purchased on March 8, 2021, APN 189-353-01, a 8.53 acre site zoned as Commercial-Mixed Use Overlay (C-CMU)(“Commercial Property”) is noncompliant with the Terms of the Development Agreement and Terminates all rights, interests and obligations as established by Uncodified Ordinance No. 446 An Uncodified Ordinance of the City Council of the City of Arvin for a Third Amendment to the Development Agreement with Westminster Capital, Inc. dated May 15, 2018, Development Agreement 2018-12 Between the City of Arvin and Westminster Capital Inc. Recorded October 3, 2018 – Doc# 218143949 Kern County Official Records.

5.C.7
Attachment: 7-Background Westminster LLC, WC Arvin LP, and Arvin Shopping Center - February 26, 2024 (Public Hearing - First Reading - Ordinance – Amending AMC 3.04.020 re Withdrawals – Authorized Signors.

Page 1 of 3 ends

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ARVIN AMENDING AND RESTATING ARVIN MUNICIPAL CODE

3.04.020 CONCERNING WITHDRAWALS AND AUTHORIZED
SIGNORS.

Section 1. Recitals.

WHEREAS, The City of Arvin (“City”) desires to amend, clarify and codify its Municipal Code Chapter related to Withdrawals and Authorized Signors for warrants drawn on the City Treasury;
WHEREAS, The Ordinance Amendment updates the Municipal Code to codify (1) how warrants must be drawn and (2) who has signatory power for such warrants; WHEREAS, Adoption of this Ordinance will provide uniform and comprehensive regulations and standards related to Chapter 3.04 of the Arvin Municipal Code.

WHEREAS, Adoption of this Ordinance is in furtherance of the City’s goals and objectives while reducing the potentially negative impacts arising from incompatible Municipal Code Chapters and a delay in execution of payments when due.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARVIN DOES ORDAIN AS FOLLOWS:

Section 2. Section 3.04 of the Arvin Municipal Code is hereby amended and restated to read as follows:

3.04.020: Withdrawals – Authorized Signors.

All withdrawals upon funds and moneys deposited as required by Section

3.04.010 of this chapter shall be made upon warrants drawn on the city treasury and signed by any two of the following persons: the City Manager, the mayor, or any other member of the city council. All warrants must include a signature of the Mayor or at least one member of the City Council. The city council may establish by minute order or resolution any preference or order of priority of the foregoing persons in the signing of such warrants.

Section 3. The Amended Chapter 3.04 of the Arvin Municipal Code is set forth in Exhibit “A” to this Ordinance and incorporated herein by reference.

Section 4. NOTICE. The City clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be posted within 15 days after its passage, in accordance with Section 36933 of the Government Code.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or

5.D.1
Attachment: Ordinance Amendment to AMC 3.04.020 re Withdrawals - Authorized Signors_First Reading 031224 (Public Hearing - First Reading Ordinance – Amending AMC 3.04.020 re Withdrawals – Authorized Signors.

Page 2 of 3 ends

legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Arvin hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or word might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.

Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code section 36937.

Section 7. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 12th day of March 2024, and adopted the Ordinance after the second reading at a regular meeting held on the ______ day of ___________ 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

SUSANA REYES, Mayor Pro Tem

APPROVED AS TO FORM
By:

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

Page 3 of 3 ends

EXHIBIT “A”

3.04.010 - Depository designated.

One or more banks or savings and loan associations designated by the city council shall be the depository of all funds and money coming into the possession of the treasury of the city, and all such funds and money shall forthwith upon receipt by the city be deposited therein to the credit of the city.

3.04.020 - Withdrawals – Authorized Signors.

All withdrawals upon funds and moneys deposited as required by Section 3.04.010 of this chapter shall be made upon warrants drawn on the city treasury and signed by any two of the following persons: the City Manager, the mayor, or any other member of the city council. All warrants must include a signature of the Mayor or at least one member of the City Council. The city council may establish by minute order or resolution any preference or order of priority of the foregoing persons in the signing of such warrants.

5.D.1
Attachment: Ordinance Amendment to AMC 3.04.020 re Withdrawals - Authorized Signors_First Reading 031224 (Public Hearing - First Reading

CITY OF ARVIN
Staff Report
Meeting Date: March 12, 2024
TO: Arvin City Council
FROM: Oscar Fuentes, P.E., City Engineer
SUBJECT: Resolution for the Approval of a Final Map for Phase 11B of Tract 5816; Acceptance of Public Right of Way Dedications as Shown on Said Map; Acceptance of Improvements Within Public Right of Way.

BACKGROUND:

Tract 5816 Phase 11B is comprised of 46 lots containing 8.06 acres, and is bounded by Sycamore Road to the North, Meyer Street to the east, previous phases of Tract 5816 to the west, and Felicita Road to the south. The tract has been ongoing since 2003 dating back to the original development agreement for the development of 160 acres of land south of Sycamore Road and west of Meyer Street. The developer of this phase is Auburn Oak Developers, LLC (Auburn) which acquired the land from Sycamore Villas. Auburn and the City of Arvin thus entered into an amendment to the Sycamore Development Agreement, which was executed on September 18, 2018 as city agreement 2018-24 and filed with the county as document 218137988.

Auburn has been developing the land in question since that time and has completed all the improvements within the areas that are proposed to be dedicated to the City of Arvin which will become the right-of-way of the City of Arvin. Auburn has also complete mass grading of the site and is at a point where they are ready to start pulling building permits for vertical construction. A final map for what is known as “Phase 11B” must be accepted by the city before that can happen.

Auburn has thus provided a final map and various other documentation as required under the terms of the development agreement. One of the requirements under the development agreement is the agreement to and execution of a Subdivision Improvement Agreement (SIA) which Auburn and the City previously agree on during Phase A.

The City Surveyor and the City Engineer have reviewed the map, closure calculations, SIA, and other required documentation. They have determined that all items are acceptable, and that it is appropriate for the City Council to accept the map at this time.

Under the terms of the SIA which where previously recorded with the County of Kern, Auburn must provide a security for the work to be completed or as a maintenance security in the case of completed improvements within the areas proposed to be dedicated to the City of Arvin. In this case, Auburn has completed all improvements within the public right of way, and there is only a need for a maintenance guarantee. If upon a final review of the improvements by the City Engineer, no maintenance work is necessary, the City Council shall formally release Auburn Oaks of the obligation.

6.A.1
Attachment: Staff Report Tract 5816 Phase 11B Acceptance of Work and Release of Maint Security_031224 (Final Tract Map 5816) FINANCIAL IMPACT:

No cost impacts the city.

RECOMMENDATION:

Staff recommends the approval of a resolution for the following actions:

1. Approve final map for tract 5816 Phase 11B.

2. Accept the public right-of-way dedications shown on the map.

3. Accepting the improvements made within the dedicated right-of-way.

4. Accept maintenance security provided by Auburn for improvements within the public right of way.

ATTACHMENTS:

Resolution
Final Map – Tract 5816 Phase 11B
Closure Calculations
Grant deed
Articles of incorporation for Auburn Oak Developers; LLC.

Tax certificate
Preliminary title report

6.A.1
Attachment: Staff Report Tract 5816 Phase 11B Acceptance of Work and Release of Maint Security_031224 (Final Tract Map 5816) Reso Acceptance of Work and Release of Maintenance Security for Tract 5816 Phase 11B.

Page 1 of 3 ends

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
FOR THE APPROVAL OF A FINAL MAP FOR PHASE 11B OF TRACT
5816; ACCEPTANCE OF PUBLIC RIGHT OF WAY DEDICATIONS AS
SHOWN ON SAID MAP; AND ACCEPTANCE OF IMPROVEMENTS
WITHIN PUBLIC RIGHT OF WAY.

WHEREAS, Tract 5816 Phase 11B is comprised of 46 lots that subdivides 8.06 acres bounded by Sycamore Road on the North, Meyer Street on the East, previously recorded phases of Tract 5816 to the West and Felecita Road to the South; and WHEREAS, Auburn Oak Developers; LLC (Auburn) has since developed the land including all improvements within the public ROW; and
WHEREAS, the City Engineer has inspected said improvements and has determined them to be acceptable to the city; and
WHEREAS, Auburn has provided a final map for this first phase of tract 5816 Phase 11B; and
WHEREAS, said map has been reviewed by the City Engineer and City Surveyor and has been determined to be acceptable for recordation with the County of Kern; and WHEREAS, as required under the terms of the Development Agreement dated February 6, 2003 and recorded with the County of Kern as document number 0203133456, Auburn has previously agreed to enter into a Subdivision Improvement Agreement (SIA) with the City of Arvin as a condition of approval for a final map; and
WHEREAS, said SIA has been developed and the terms have been previously agreed to between both Auburn and the City of Arvin; and
WHEREAS, as required by the SIA, Auburn has previously provided maintenance security in the amount of 10% of the improvement costs to be in effect for one year from the approval of this resolution for those accepted improvements within the public right of way; and WHEREAS, the City of Arvin will release Auburn of their maintenance security following the expiration of the one year term, receiving a written request from Auburn, and City Council approving the release of said security if so recommended by the City Engineer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follows:

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

6.A.2
Attachment: Reso Tract 5816 Phase 11B Acceptance of Work and Release of Maint Security_031224 (Final Tract Map 5816) Reso Acceptance of Work and Release of Maintenance Security for Tract 5816 Phase 11B.

Page 2 of 3 ends

2. Accepts the final map for Phase 11B of Tract 5816 and directs the City Clerk to record said map with the County of Kern, a copy of which is attached hereto as Exhibit “A”.

3. Accepts the dedications shown on the map.

4. Accepts the improvements within the dedicated public right of way as substantially complete.

5. Accepts previously approved Subdivision Improvement Agreement between the City of Arvin and Auburn Oak Developers, LLC.

6. Accepts previously recorded SIA Agreement with the County of Kern.

7. Accepts the maintenance security from Auburn Oak Developers, LLC in the amount of $133,015.80 to be in effect for one additional year from the date of this meeting.

8. Maintenance security shall be returned to Auburn Oaks following one year from the date of tract closure, if requested in writing, recommended by the City Engineer, and approved by the City Council.

9. This Resolution shall take effect immediately.
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Page 3 of 3 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 12th day of March 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

SUSANA REYES, Mayor Pro Tem
APPROVED AS TO FORM:

By:

6.A.2
Attachment: Reso Tract 5816 Phase 11B Acceptance of Work and Release of Maint Security_031224 (Final Tract Map 5816)

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816)

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) TRACT MAP 5816 PHASE 11B

TRACT BOUNDARY CLOSURES
LOTS 1‐46 CLOSURES

RAYO DE LA LUNA CLOSURES, BENJAMIN DRIVE CLOSURES

WALNUT DRIVE & SYCAMORE ROAD CLOSURES
SYCAMORE ROAD ‐ MEYER STREET ‐ FELECITA ROAD CLOSURES
PROJECT 1560.19
2024‐01‐23
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 1
North: 2257479.2813        East : 6311406.7242
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257479.5672          East : 6311315.1647
Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257420.5675          East : 6311314.9796
Line  Course: S 89‐49‐16 E  Length: 91.56
North: 2257420.2816          East : 6311406.5391
Line  Course: N 00‐10‐44 E  Length: 10.22
North: 2257430.5015          East : 6311406.5711
Line  Course: N 00‐10‐44 E  Length: 48.78
North: 2257479.2813          East : 6311406.7234
Perimeter: 301.13   Area: 5,402 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0009               Course: N 89‐49‐14 W Error North: 0.00000               East : ‐0.00086
Precision  1: 334,577.78
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 2
North: 2257538.2810        East : 6311406.9084
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257538.5669          East : 6311315.3489
Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257479.5672          East : 6311315.1638
Line  Course: S 89‐49‐16 E  Length: 91.56
North: 2257479.2813          East : 6311406.7233
Line  Course: N 00‐10‐44 E  Length: 59.00
North: 2257538.2810          East : 6311406.9076
Perimeter: 301.12   Area: 5,402 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas)

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Error Closure: 0.0009               Course: N 89‐49‐14 W Error North: 0.00000               East : ‐0.00086
Precision  1: 334,577.78
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 3
North: 2257597.2807        East : 6311407.0926
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257597.5666          East : 6311315.5331
Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257538.5669          East : 6311315.3480
Line  Course: S 89‐49‐16 E  Length: 91.56
North: 2257538.2810          East : 6311406.9076
Line  Course: N 00‐10‐44 E  Length: 59.00
North: 2257597.2807          East : 6311407.0918
Perimeter: 301.12   Area: 5,402 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0009               Course: N 89‐49‐14 W Error North: 0.00000               East : ‐0.00086
Precision  1: 334,577.78
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 4
North: 2257656.2804        East : 6311407.2768
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257656.5663          East : 6311315.7173
Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257597.5666          East : 6311315.5322
Line  Course: S 89‐49‐16 E  Length: 91.56
North: 2257597.2807          East : 6311407.0918
Line  Course: N 00‐10‐44 E  Length: 59.00
North: 2257656.2804          East : 6311407.2760
Perimeter: 301.12   Area: 5,402 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0009               Course: N 89‐49‐14 W Error North: 0.00000               East : ‐0.00086
Precision  1: 334,577.78
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Lot name: 5
North: 2257715.2802        East : 6311407.4610
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257715.5660          East : 6311315.9015
Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257656.5663          East : 6311315.7164
Line  Course: S 89‐49‐16 E  Length: 91.56
North: 2257656.2804          East : 6311407.2760
Line  Course: N 00‐10‐44 E  Length: 59.00
North: 2257715.2802          East : 6311407.4602
Perimeter: 301.12   Area: 5,402 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0009               Course: N 89‐49‐14 W Error North: 0.00000               East : ‐0.00086
Precision  1: 334,577.78
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 6
North: 2257774.2799        East : 6311407.6452
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257774.5657          East : 6311316.0857
Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257715.5660          East : 6311315.9006
Line  Course: S 89‐49‐16 E  Length: 91.56
North: 2257715.2802          East : 6311407.4602
Line  Course: N 00‐10‐44 E  Length: 59.00
North: 2257774.2799          East : 6311407.6444
Perimeter: 301.12   Area: 5,402 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0009               Course: N 89‐49‐14 W Error North: 0.00000               East : ‐0.00086
Precision  1: 334,577.78
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 7
North: 2257833.2796        East : 6311407.8294
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257833.5654          East : 6311316.2699

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257774.5657          East : 6311316.0848
Line  Course: S 89‐49‐16 E  Length: 91.56
North: 2257774.2799          East : 6311407.6444
Line  Course: N 00‐10‐44 E  Length: 59.00
North: 2257833.2796          East : 6311407.8286
Perimeter: 301.12   Area: 5,402 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0009               Course: N 89‐49‐14 W Error North: 0.00000               East : ‐0.00086
Precision  1: 334,577.78
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 8
North: 2257892.2793        East : 6311408.0137
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257892.5652          East : 6311316.4541
Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257833.5654          East : 6311316.2690
Line  Course: S 89‐49‐16 E  Length: 91.56
North: 2257833.2796          East : 6311407.8286
Line  Course: N 00‐10‐44 E  Length: 59.00
North: 2257892.2793          East : 6311408.0128
Perimeter: 301.11   Area: 5,402 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0009               Course: N 89‐49‐14 W Error North: 0.00000               East : ‐0.00086
Precision  1: 334,577.78
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 9
North: 2257944.4777        East : 6311406.0319
Line  Course: N 05‐59‐35 W  Length: 6.85
North: 2257951.2903          East : 6311405.3167
Line  Course: N 89‐49‐16 W  Length: 88.67
North: 2257951.5671          East : 6311316.6472
Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257892.5674          East : 6311316.4621
Line  Course: S 89‐49‐16 E  Length: 91.56
North: 2257892.2815          East : 6311408.0216

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: N 00‐10‐44 E  Length: 12.41
North: 2257904.6915          East : 6311408.0604
Curve  Length: 39.86                Radius: 370.00
Delta: 6‐10‐19             Tangent: 19.95
Chord: 39.84                Course: N 02‐54‐26 W
Course In: N 89‐49‐16 W     Course Out: N 84‐00‐25 E
RP  North: 2257905.8467          East : 6311038.0622
End North: 2257944.4776          East : 6311406.0400
Perimeter: 298.35   Area: 5,356 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0081               Course: S 89‐22‐29 E Error North: ‐0.00009              East : 0.00806
Precision  1: 36,833.33
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 10
North: 2258010.3076        East : 6311399.1209
Line  Course: N 89‐49‐16 W  Length: 82.29
North: 2258010.5646          East : 6311316.8313
Line  Course: S 00‐10‐47 W  Length: 59.00
North: 2257951.5648          East : 6311316.6462
Line  Course: S 89‐49‐16 E  Length: 88.67
North: 2257951.2880          East : 6311405.3158
Line  Course: N 05‐59‐35 W  Length: 59.34
North: 2258010.3037          East : 6311399.1202
Perimeter: 289.31   Area: 5,044 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0040               Course: S 09‐33‐27 W Error North: ‐0.00395              East : ‐0.00066
Precision  1: 72,325.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 11
North: 2258068.3847        East : 6311395.5350
Line  Course: N 44‐49‐05 W  Length: 28.29
North: 2258088.4522          East : 6311375.5946
Line  Course: N 89‐49‐16 W  Length: 58.52
North: 2258088.6349          East : 6311317.0749
Line  Course: S 00‐10‐47 W  Length: 78.07
North: 2258010.5653          East : 6311316.8300

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: S 89‐49‐16 E  Length: 82.29
North: 2258010.3083          East : 6311399.1196
Line  Course: N 05‐59‐35 W  Length: 11.86
North: 2258022.1035          East : 6311397.8813
Curve  Length: 46.37                Radius: 430.00
Delta: 6‐10‐42             Tangent: 23.21
Chord: 46.35                Course: N 02‐54‐14 W
Course In: N 84‐00‐25 E     Course Out: N 89‐48‐53 W
RP  North: 2258066.9989          East : 6311825.5311
End North: 2258068.3894          East : 6311395.5334
Perimeter: 305.40   Area: 6,006 sq.ft. 0.14 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0050               Course: N 18‐41‐51 W Error North: 0.00472               East : ‐0.00160
Precision  1: 61,080.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 12
North: 2258087.8827        East : 6311554.9886
Line  Course: N 89‐49‐06 W  Length: 79.39
North: 2258088.1344          East : 6311475.5990
Line  Course: S 45‐11‐03 W  Length: 28.28
North: 2258068.2018          East : 6311455.5378
Curve  Length: 39.91                Radius: 370.00
Delta: 6‐10‐46             Tangent: 19.97
Chord: 39.89                Course: S 02‐54‐12 E
Course In: S 89‐48‐49 E     Course Out: S 84‐00‐25 W
RP  North: 2258066.9981          East : 6311825.5359
End North: 2258028.3672          East : 6311457.5581
Line  Course: S 05‐59‐35 E  Length: 10.30
North: 2258018.1235          East : 6311458.6335
Line  Course: S 89‐49‐16 E  Length: 98.13
North: 2258017.8171          East : 6311556.7630
Line  Course: N 01‐26‐56 W  Length: 70.09
North: 2258087.8847          East : 6311554.9908
Perimeter: 326.10   Area: 6,777 SF 0.16 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0030               Course: N 46‐53‐03 E Error North: 0.00205               East : 0.00219
Precision  1: 108,700.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Lot name: 13
North: 2258017.8155        East : 6311556.7609
Line  Course: N 89‐49‐16 W  Length: 98.13
North: 2258018.1219          East : 6311458.6313
Line  Course: S 05‐59‐35 E  Length: 56.33
North: 2257962.0997          East : 6311464.5126
Line  Course: S 89‐49‐16 E  Length: 93.67
North: 2257961.8073          East : 6311558.1822
Line  Course: N 01‐26‐56 W  Length: 56.02
North: 2258017.8094          East : 6311556.7657
Perimeter: 304.15   Area: 5,370 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0078               Course: S 38‐22‐22 E Error North: ‐0.00612              East : 0.00484
Precision  1: 38,993.59
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 14
North: 2257961.8108        East : 6311558.1775
Line  Course: N 89‐49‐16 W  Length: 93.67
North: 2257962.1033          East : 6311464.5079
Line  Course: S 05‐59‐35 E  Length: 11.42
North: 2257950.7457          East : 6311465.7003
Curve  Length: 43.73                Radius: 430.00
Delta: 5‐49‐37             Tangent: 21.89
Chord: 43.71                Course: S 03‐04‐46 E
Course In: S 84‐00‐25 W     Course Out: N 89‐50‐02 E
RP  North: 2257905.8503          East : 6311038.0504
End North: 2257907.0969          East : 6311468.0486
Line  Course: S 89‐49‐16 E  Length: 91.52
North: 2257906.8112          East : 6311559.5681
Line  Course: N 01‐26‐56 W  Length: 55.02
North: 2257961.8136          East : 6311558.1770
Perimeter: 295.36   Area: 5,064 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0028               Course: N 10‐22‐38 W Error North: 0.00278               East : ‐0.00051
Precision  1: 105,485.71
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Lot name: 15
North: 2257906.8062        East : 6311559.5688
Line  Course: N 89‐49‐16 W  Length: 91.52
North: 2257907.0919          East : 6311468.0492
Curve  Length: 2.59                 Radius: 430.00
Delta: 0‐20‐42             Tangent: 1.29
Chord: 2.59                 Course: S 00‐00‐23 W
Course In: S 89‐50‐02 W     Course Out: S 89‐49‐16 E
RP  North: 2257905.8453          East : 6311038.0510
End North: 2257904.5027          East : 6311468.0489
Line  Course: S 00‐10‐44 W  Length: 52.41
North: 2257852.0930          East : 6311467.8853
Line  Course: S 89‐49‐16 E  Length: 91.51
North: 2257851.8073          East : 6311559.3948
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257906.8070          East : 6311559.5666
Perimeter: 293.03   Area: 5,033 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0024               Course: N 69‐25‐36 W Error North: 0.00083               East : ‐0.00220
Precision  1: 122,095.83
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 16
North: 2257851.8065        East : 6311559.3971
Line  Course: N 89‐49‐16 W  Length: 91.51
North: 2257852.0922          East : 6311467.8875
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257797.0924          East : 6311467.7158
Line  Course: S 89‐49‐16 E  Length: 91.51
North: 2257796.8067          East : 6311559.2253
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257851.8065          East : 6311559.3971
Perimeter: 293.02   Area: 5,033 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,020,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Lot name: 17
North: 2257796.8067        East : 6311559.2253
Line  Course: N 89‐49‐16 W  Length: 91.51
North: 2257797.0924          East : 6311467.7158
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257742.0927          East : 6311467.5441
Line  Course: S 89‐49‐16 E  Length: 91.51
North: 2257741.8070          East : 6311559.0536
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257796.8067          East : 6311559.2253
Perimeter: 293.02   Area: 5,033 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,020,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 18
North: 2257741.8070        East : 6311559.0536
Line  Course: N 89‐49‐16 W  Length: 91.51
North: 2257742.0927          East : 6311467.5441
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257687.0930          East : 6311467.3723
Line  Course: S 89‐49‐16 E  Length: 91.51
North: 2257686.8073          East : 6311558.8819
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257741.8070          East : 6311559.0536
Perimeter: 293.02   Area: 5,033 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,020,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 19
North: 2257686.8073        East : 6311558.8819
Line  Course: N 89‐49‐16 W  Length: 91.51
North: 2257687.0930          East : 6311467.3723

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257632.0932          East : 6311467.2006
Line  Course: S 89‐49‐16 E  Length: 91.51
North: 2257631.8075          East : 6311558.7102
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257686.8073          East : 6311558.8819
Perimeter: 293.02   Area: 5,033 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,020,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 20
North: 2257631.8075        East : 6311558.7102
Line  Course: N 89‐49‐16 W  Length: 91.51
North: 2257632.0932          East : 6311467.2006
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257577.0935          East : 6311467.0289
Line  Course: S 89‐49‐16 E  Length: 91.51
North: 2257576.8078          East : 6311558.5385
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257631.8075          East : 6311558.7102
Perimeter: 293.02   Area: 5,033 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,020,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 21
North: 2257576.8078        East : 6311558.5385
Line  Course: N 89‐49‐16 W  Length: 91.51
North: 2257577.0935          East : 6311467.0289
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257522.0938          East : 6311466.8572
Line  Course: S 89‐49‐16 E  Length: 91.51
North: 2257521.8081          East : 6311558.3667
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257576.8078          East : 6311558.5385

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Perimeter: 293.02   Area: 5,033 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,020,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 22
North: 2257521.8081        East : 6311558.3667
Line  Course: N 89‐49‐16 W  Length: 91.51
North: 2257522.0938          East : 6311466.8572
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257467.0940          East : 6311466.6855
Line  Course: S 89‐49‐16 E  Length: 91.51
North: 2257466.8083          East : 6311558.1950
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257521.8081          East : 6311558.3667
Perimeter: 293.02   Area: 5,033 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,020,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 23
North: 2257466.8083        East : 6311558.1950
Line  Course: N 89‐49‐16 W  Length: 91.51
North: 2257467.0940          East : 6311466.6855
Line  Course: S 00‐10‐44 W  Length: 37.00
North: 2257430.0942          East : 6311466.5700
Line  Course: S 44‐49‐16 E  Length: 28.28
North: 2257410.0349          East : 6311486.5044
Line  Course: S 89‐49‐16 E  Length: 71.51
North: 2257409.8116          East : 6311558.0141
Line  Course: N 00‐10‐44 E  Length: 57.00
North: 2257466.8114          East : 6311558.1920
Perimeter: 285.30   Area: 5,016 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas)

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Error Closure: 0.0043               Course: N 44‐49‐16 W Error North: 0.00303               East : ‐0.00301
Precision  1: 66,348.84
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 24
North: 2257466.5226        East : 6311649.7246
Line  Course: N 89‐49‐16 W  Length: 91.53
North: 2257466.8083          East : 6311558.1950
Line  Course: S 00‐10‐44 W  Length: 57.00
North: 2257409.8086          East : 6311558.0171
Line  Course: S 89‐49‐16 E  Length: 71.53
North: 2257409.5853          East : 6311629.5467
Line  Course: N 45‐10‐44 E  Length: 28.28
North: 2257429.5197          East : 6311649.6060
Line  Course: N 00‐10‐44 E  Length: 37.00
North: 2257466.5195          East : 6311649.7216
Perimeter: 285.34   Area: 5,017 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0043               Course: S 45‐10‐44 W Error North: ‐0.00301              East : ‐0.00303
Precision  1: 66,358.14
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 25
North: 2257521.5223        East : 6311649.8963
Line  Course: N 89‐49‐16 W  Length: 91.53
North: 2257521.8081          East : 6311558.3667
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257466.8083          East : 6311558.1950
Line  Course: S 89‐49‐16 E  Length: 91.53
North: 2257466.5226          East : 6311649.7246
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257521.5223          East : 6311649.8963
Perimeter: 293.06   Area: 5,034 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,060,000.00

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 26
North: 2257576.5220        East : 6311650.0680
Line  Course: N 89‐49‐16 W  Length: 91.53
North: 2257576.8078          East : 6311558.5385
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257521.8081          East : 6311558.3667
Line  Course: S 89‐49‐16 E  Length: 91.53
North: 2257521.5223          East : 6311649.8963
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257576.5220          East : 6311650.0680
Perimeter: 293.06   Area: 5,034 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,060,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 27
North: 2257631.5218        East : 6311650.2397
Line  Course: N 89‐49‐16 W  Length: 91.53
North: 2257631.8075          East : 6311558.7102
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257576.8078          East : 6311558.5385
Line  Course: S 89‐49‐16 E  Length: 91.53
North: 2257576.5220          East : 6311650.0680
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257631.5218          East : 6311650.2397
Perimeter: 293.06   Area: 5,034 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,060,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 28
North: 2257686.5215        East : 6311650.4115

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: N 89‐49‐16 W  Length: 91.53
North: 2257686.8073          East : 6311558.8819
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257631.8075          East : 6311558.7102
Line  Course: S 89‐49‐16 E  Length: 91.53
North: 2257631.5218          East : 6311650.2397
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257686.5215          East : 6311650.4115
Perimeter: 293.06   Area: 5,034 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,060,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 29
North: 2257741.5212        East : 6311650.5832
Line  Course: N 89‐49‐16 W  Length: 91.53
North: 2257741.8070          East : 6311559.0536
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257686.8073          East : 6311558.8819
Line  Course: S 89‐49‐16 E  Length: 91.53
North: 2257686.5215          East : 6311650.4115
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257741.5212          East : 6311650.5832
Perimeter: 293.06   Area: 5,034 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,060,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 30
North: 2257796.5210        East : 6311650.7549
Line  Course: N 89‐49‐16 W  Length: 91.53
North: 2257796.8067          East : 6311559.2253
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257741.8070          East : 6311559.0536
Line  Course: S 89‐49‐16 E  Length: 91.53
North: 2257741.5212          East : 6311650.5832

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257796.5210          East : 6311650.7549
Perimeter: 293.06   Area: 5,034 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,060,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 31
North: 2257851.5207        East : 6311650.9266
Line  Course: N 89‐49‐16 W  Length: 91.53
North: 2257851.8065          East : 6311559.3971
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257796.8067          East : 6311559.2253
Line  Course: S 89‐49‐16 E  Length: 91.53
North: 2257796.5210          East : 6311650.7549
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257851.5207          East : 6311650.9266
Perimeter: 293.06   Area: 5,034 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,060,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 32
North: 2257906.5204        East : 6311651.0983
Line  Course: N 89‐49‐16 W  Length: 91.53
North: 2257906.8062          East : 6311559.5688
Line  Course: S 00‐10‐44 W  Length: 55.00
North: 2257851.8065          East : 6311559.3970
Line  Course: S 89‐49‐16 E  Length: 91.53
North: 2257851.5207          East : 6311650.9266
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257906.5204          East : 6311651.0983
Perimeter: 293.06   Area: 5,034 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas)

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 293,060,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 33
North: 2257961.5201        East : 6311651.2700
Line  Course: N 89‐49‐16 W  Length: 93.09
North: 2257961.8108          East : 6311558.1805
Line  Course: S 01‐26‐56 E  Length: 55.02
North: 2257906.8084          East : 6311559.5717
Line  Course: S 89‐49‐16 E  Length: 91.53
North: 2257906.5226          East : 6311651.1012
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2257961.5223          East : 6311651.2730
Perimeter: 294.65   Area: 5,077 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0037               Course: N 53‐04‐41 E Error North: 0.00219               East : 0.00292
Precision  1: 79,632.43
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 34
North: 2258003.6022          East : 6311644.7347
Curve  Length: 18.69                Radius: 25.00
Delta: 42‐50‐00            Tangent: 9.81
Chord: 18.26                Course: S 21‐14‐16 E
Course In: S 47‐20‐44 W     Course Out: S 89‐49‐16 E
RP  North: 2257986.6628          East : 6311626.3484
End North: 2257986.5848          East : 6311651.3483
Line  Course: S 00‐10‐44 W  Length: 25.06
North: 2257961.5249          East : 6311651.2700
Line  Course: N 89‐49‐16 W  Length: 93.09
North: 2257961.8155          East : 6311558.1805
Line  Course: N 01‐26‐56 W  Length: 56.02
North: 2258017.8176          East : 6311556.7640
Line  Course: S 89‐49‐16 E  Length: 78.88
North: 2258017.5713          East : 6311635.6436
Curve  Length: 16.74                Radius: 50.00
Delta: 19‐11‐11            Tangent: 8.45
Chord: 16.67                Course: S 33‐03‐40 E
Course In: N 66‐31‐55 E     Course Out: S 47‐20‐44 W

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) RP  North: 2258037.4832          East : 6311681.5077
End North: 2258003.6045          East : 6311644.7351
Perimeter: 288.50   Area: 5,058 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0023               Course: N 08‐06‐52 E Error North: 0.00227               East : 0.00032
Precision  1: 125,426.09
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 35
North: 2258017.5692        East : 6311635.6432
Line  Course: N 89‐49‐16 W  Length: 78.88
North: 2258017.8155          East : 6311556.7636
Line  Course: N 01‐26‐56 W  Length: 70.09
North: 2258087.8831          East : 6311554.9913
Line  Course: S 89‐49‐06 E  Length: 126.68
North: 2258087.4814          East : 6311681.6707
Curve  Length: 99.18                Radius: 50.00
Delta: 113‐39‐00           Tangent: 76.48
Chord: 83.70                Course: S 33‐21‐25 W
Course In: S 00‐10‐44 W     Course Out: S 66‐31‐55 W
RP  North: 2258037.4810          East : 6311681.5074
End North: 2258017.5698          East : 6311635.6478
Perimeter: 374.83   Area: 5,866 SF 0.13 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0047               Course: N 82‐54‐37 E Error North: 0.00057               East : 0.00462
Precision  1: 79,751.06
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 36
North: 2258007.3015          East : 6311721.3721
Curve  Length: 110.78               Radius: 50.00
Delta: 126‐56‐45           Tangent: 100.17
Chord: 89.47                Course: N 26‐20‐43 W
Course In: N 52‐52‐21 W     Course Out: N 00‐10‐44 E
RP  North: 2258037.4810          East : 6311681.5074
End North: 2258087.4808          East : 6311681.6659
Line  Course: S 89‐49‐06 E  Length: 121.55
North: 2258087.0954          East : 6311803.2153

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: S 00‐10‐44 W  Length: 80.05
North: 2258007.0458          East : 6311802.9654
Line  Course: N 89‐49‐16 W  Length: 81.59
North: 2258007.3005          East : 6311721.3758
Perimeter: 393.97   Area: 6,360 SF 0.15 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0038               Course: S 75‐03‐16 E Error North: ‐0.00098              East : 0.00367
Precision  1: 103,676.32
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 37
North: 2258007.0468        East : 6311802.9629
Line  Course: N 89‐49‐16 W  Length: 81.59
North: 2258007.3015          East : 6311721.3733
Curve  Length: 5.14                 Radius: 50.00
Delta: 5‐53‐05             Tangent: 2.57
Chord: 5.13                 Course: S 40‐04‐12 W
Course In: N 52‐52‐21 W     Course Out: S 46‐59‐16 E
RP  North: 2258037.4810          East : 6311681.5086
End North: 2258003.3733          East : 6311718.0690
Curve  Length: 18.69                Radius: 25.00
Delta: 42‐50‐00            Tangent: 9.81
Chord: 18.26                Course: S 21‐35‐44 W
Course In: S 46‐59‐16 E     Course Out: N 89‐49‐16 W
RP  North: 2257986.3195          East : 6311736.3492
End North: 2257986.3975          East : 6311711.3493
Line  Course: S 00‐10‐44 W  Length: 44.06
North: 2257942.3377          East : 6311711.2118
Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257942.0519          East : 6311802.7613
Line  Course: N 00‐10‐44 E  Length: 65.00
North: 2258007.0516          East : 6311802.9643
Perimeter: 306.03   Area: 5,882 SF 0.14 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0050               Course: N 15‐40‐30 E Error North: 0.00482               East : 0.00135
Precision  1: 61,206.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 38

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) North: 2257942.0471        East : 6311802.7600
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257942.3329          East : 6311711.2104
Line  Course: S 00‐10‐44 W  Length: 65.00
North: 2257877.3332          East : 6311711.0075
Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257877.0474          East : 6311802.5570
Line  Course: N 00‐10‐44 E  Length: 65.00
North: 2257942.0471          East : 6311802.7600
Perimeter: 313.10   Area: 5,951 SF 0.14 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 313,100,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 39
North: 2257877.0474        East : 6311802.5570
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257877.3332          East : 6311711.0075
Line  Course: S 00‐10‐44 W  Length: 65.00
North: 2257812.3336          East : 6311710.8045
Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257812.0477          East : 6311802.3541
Line  Course: N 00‐10‐44 E  Length: 65.00
North: 2257877.0474          East : 6311802.5570
Perimeter: 313.10   Area: 5,951 SF 0.14 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 313,100,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 40
North: 2257812.0477        East : 6311802.3541
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257812.3336          East : 6311710.8046
Line  Course: S 00‐10‐44 W  Length: 55.82
North: 2257756.5138          East : 6311710.6303

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257756.2280          East : 6311802.1798
Line  Course: N 00‐10‐44 E  Length: 55.82
North: 2257812.0477          East : 6311802.3541
Perimeter: 294.73   Area: 5,110 SF 0.12 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 294,740,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 41
North: 2257756.2326        East : 6311802.1798
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257756.5184          East : 6311710.6303
Line  Course: S 00‐10‐44 W  Length: 54.70
North: 2257701.8187          East : 6311710.4595
Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257701.5328          East : 6311802.0091
Line  Course: N 00‐10‐44 E  Length: 54.70
North: 2257756.2326          East : 6311802.1798
Perimeter: 292.50   Area: 5,008 SF 0.11 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 292,500,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 42
North: 2257701.5328        East : 6311802.0091
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257701.8187          East : 6311710.4595
Line  Course: S 00‐10‐44 W  Length: 54.70
North: 2257647.1189          East : 6311710.2887
Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257646.8331          East : 6311801.8383
Line  Course: N 00‐10‐44 E  Length: 54.70
North: 2257701.5328          East : 6311802.0091
Perimeter: 292.50   Area: 5,008 SF 0.11 acres

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 292,500,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 43
North: 2257646.8331        East : 6311801.8383
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257647.1189          East : 6311710.2887
Line  Course: S 00‐10‐44 W  Length: 54.70
North: 2257592.4192          East : 6311710.1179
Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257592.1334          East : 6311801.6675
Line  Course: N 00‐10‐44 E  Length: 54.70
North: 2257646.8331          East : 6311801.8383
Perimeter: 292.50   Area: 5,008 SF 0.11 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 292,500,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 44
North: 2257592.1334        East : 6311801.6675
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257592.4192          East : 6311710.1179
Line  Course: S 00‐10‐44 W  Length: 54.70
North: 2257537.7195          East : 6311709.9472
Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257537.4336          East : 6311801.4967
Line  Course: N 00‐10‐44 E  Length: 54.70
North: 2257592.1334          East : 6311801.6675
Perimeter: 292.50   Area: 5,008 SF 0.11 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 292,500,000.00

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 45
North: 2257537.4336        East : 6311801.4967
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257537.7195          East : 6311709.9472
Line  Course: S 00‐10‐44 W  Length: 54.70
North: 2257483.0197          East : 6311709.7764
Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257482.7339          East : 6311801.3259
Line  Course: N 00‐10‐44 E  Length: 54.70
North: 2257537.4336          East : 6311801.4967
Perimeter: 292.50   Area: 5,008 SF 0.11 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 292,500,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Lot name: 46
North: 2257482.7339        East : 6311801.3259
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257483.0197          East : 6311709.7764
Line  Course: S 00‐10‐44 W  Length: 54.70
North: 2257428.3200          East : 6311709.6056
Line  Course: S 89‐49‐16 E  Length: 91.55
North: 2257428.0342          East : 6311801.1552
Line  Course: N 00‐10‐44 E  Length: 54.70
North: 2257482.7339          East : 6311801.3259
Perimeter: 292.50   Area: 5,008 SF 0.11 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0000               Course: S 90‐00‐00 E Error North: 0.00000               East : 0.00000
Precision  1: 292,500,000.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name:  TRACT 5816 PHASE 11B EXTERIOR BDRY ACRES GROSS North: 2258142.0949        East : 6311803.3846
Line  Course: S 00‐10‐44 W  Length: 714.06

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) North: 2257428.0383          East : 6311801.1551
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257428.3242          East : 6311709.6056
Line  Course: N 87‐52‐57 W  Length: 30.02
North: 2257429.4334          East : 6311679.6061
Line  Course: N 89‐49‐16 W  Length: 30.00
North: 2257429.5271          East : 6311649.6062
Line  Course: S 45‐10‐44 W  Length: 28.28
North: 2257409.5926          East : 6311629.5469
Line  Course: N 89‐49‐16 W  Length: 143.04
North: 2257410.0392          East : 6311486.5076
Line  Course: N 44‐49‐16 W  Length: 28.28
North: 2257430.0985          East : 6311466.5731
Line  Course: N 89‐36‐54 W  Length: 60.00
North: 2257430.5017          East : 6311406.5745
Line  Course: S 00‐10‐44 W  Length: 10.22
North: 2257420.2817          East : 6311406.5426
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257420.5676          East : 6311314.9830
Line  Course: N 00‐10‐47 E  Length: 723.07
North: 2258143.6341          East : 6311317.2511
Line  Course: S 89‐49‐16 E  Length: 108.52
North: 2258143.2952          East : 6311425.7706
Line  Course: S 89‐49‐06 E  Length: 377.62
North: 2258142.0979          East : 6311803.3887
Perimeter: 2436.23   Area: 350,930 S.F. 8.06 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0051               Course: N 53‐32‐56 E Error North: 0.00306               East : 0.00414
Precision  1: 477,690.20
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name:  TRACT 5816 PHASE 11B EXTERIOR BDRY ACRES NET North: 2258087.0951        East : 6311803.2128
Line  Course: S 00‐10‐44 W  Length: 659.06
North: 2257428.0383          East : 6311801.1551
Line  Course: N 89‐49‐16 W  Length: 91.55
North: 2257428.3242          East : 6311709.6056
Line  Course: N 87‐52‐57 W  Length: 30.02
North: 2257429.4334          East : 6311679.6061
Line  Course: N 89‐49‐16 W  Length: 30.00
North: 2257429.5271          East : 6311649.6062
Line  Course: S 45‐10‐44 W  Length: 28.28
North: 2257409.5926          East : 6311629.5469
Line  Course: N 89‐49‐16 W  Length: 143.04
North: 2257410.0392          East : 6311486.5076

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: N 44‐49‐16 W  Length: 28.28
North: 2257430.0985          East : 6311466.5732
Line  Course: N 89‐36‐54 W  Length: 60.00
North: 2257430.5017          East : 6311406.5745
Line  Course: S 00‐10‐44 W  Length: 10.22
North: 2257420.2817          East : 6311406.5426
Line  Course: N 89‐49‐16 W  Length: 91.56
North: 2257420.5676          East : 6311314.9830
Line  Course: N 00‐10‐47 E  Length: 668.07
North: 2258088.6343          East : 6311317.0786
Line  Course: S 89‐49‐16 E  Length: 58.52
North: 2258088.4516          East : 6311375.5983
Line  Course: S 89‐49‐11 E  Length: 100.00
North: 2258088.1370          East : 6311475.5978
Line  Course: S 89‐49‐06 E  Length: 327.62
North: 2258087.0982          East : 6311803.2162
Perimeter: 2326.23   Area: 324,192 sq.ft. 7.44 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0045               Course: N 47‐29‐44 E Error North: 0.00306               East : 0.00334
Precision  1: 516,937.78
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name:  BENJAMIN DRIVE CLOSURES
North: 2257430.2958        East : 6311436.5714
Line  Course: S 00‐10‐44 W  Length: 50.11
North: 2257380.1860          East : 6311436.4150
Line  Course: S 89‐49‐16 E  Length: 243.04
North: 2257379.4272          East : 6311679.4538
Line  Course: N 00‐10‐44 E  Length: 50.00
North: 2257429.4269          East : 6311679.6099
Line  Course: N 89‐49‐16 W  Length: 30.00
North: 2257429.5206          East : 6311649.6100
Line  Course: S 45‐10‐44 W  Length: 28.28
North: 2257409.5862          East : 6311629.5507
Line  Course: N 89‐49‐16 W  Length: 143.04
North: 2257410.0328          East : 6311486.5114
Line  Course: N 44‐49‐16 W  Length: 28.28
North: 2257430.0921          East : 6311466.5770
Line  Course: N 89‐36‐54 W  Length: 30.00
North: 2257430.2937          East : 6311436.5776
Perimeter: 602.75   Area: 8,893 SF 0.20 ACRES
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas)

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Error Closure: 0.0066               Course: S 71‐21‐55 E Error North: ‐0.00210              East : 0.00623
Precision  1: 91,325.76
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name:  RAYO DE LUNA DRIVE EAST
North: 2258087.4808        East : 6311681.6635
Line  Course: S 00‐10‐44 W  Length: 658.05
North: 2257429.4340          East : 6311679.6089
Line  Course: S 87‐52‐57 E  Length: 30.02
North: 2257428.3248          East : 6311709.6084
Line  Course: N 00‐10‐44 E  Length: 558.08
North: 2257986.4020          East : 6311711.3508
Curve  Length: 18.69                Radius: 25.00
Delta: 42‐50‐00            Tangent: 9.81
Chord: 18.26                Course: N 21‐35‐44 E
Course In: S 89‐49‐16 E     Course Out: N 46‐59‐16 W
RP  North: 2257986.3240          East : 6311736.3507
End North: 2258003.3779          East : 6311718.0705
Curve  Length: 115.92               Radius: 50.00
Delta: 132‐50‐00           Tangent: 114.54
Chord: 91.65                Course: N 23‐24‐16 W
Course In: N 46‐59‐16 W     Course Out: N 00‐10‐44 E
RP  North: 2258037.4856          East : 6311681.5101
End North: 2258087.4853          East : 6311681.6662
Perimeter: 1380.76   Area: 20,794 SF 0.48 ACRES
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0053               Course: N 31‐04‐57 E Error North: 0.00456               East : 0.00275
Precision  1: 260,520.75
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name:  RAYO DE LUNA DRIVE WEST
North: 2258003.6022          East : 6311644.7347
Curve  Length: 115.92               Radius: 50.00
Delta: 132‐50‐00           Tangent: 114.54
Chord: 91.65                Course: N 23‐45‐44 E
Course In: N 47‐20‐44 E     Course Out: N 00‐10‐44 E
RP  North: 2258037.4809          East : 6311681.5074
End North: 2258087.4807          East : 6311681.6635
Line  Course: S 00‐10‐44 W  Length: 658.05
North: 2257429.4339          East : 6311679.6090
Line  Course: N 89‐49‐16 W  Length: 30.00

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) North: 2257429.5276          East : 6311649.6091
Line  Course: N 00‐10‐44 E  Length: 557.06
North: 2257986.5849          East : 6311651.3484
Curve  Length: 18.69                Radius: 25.00
Delta: 42‐50‐00            Tangent: 9.81
Chord: 18.26                Course: N 21‐14‐16 W
Course In: N 89‐49‐16 W     Course Out: N 47‐20‐44 E
RP  North: 2257986.6629          East : 6311626.3485
End North: 2258003.6023          East : 6311644.7348
Perimeter: 1379.73   Area: 20,779 SF 0.48 ACRES
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0001               Course: N 39‐09‐20 E Error North: 0.00010               East : 0.00008
Precision  1: 13,797,200.00
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name:  WALNUT DRIVE AND SYCAMORE ROAD EAST
North: 2257947.6100          East : 6311435.8680
Curve  Length: 43.09                Radius: 400.00
Delta: 6‐10‐19             Tangent: 21.57
Chord: 43.07                Course: S 02‐54‐26 E
Course In: S 84‐00‐25 W     Course Out: S 89‐49‐16 E
RP  North: 2257905.8468          East : 6311038.0541
End North: 2257904.5979          East : 6311438.0522
Line  Course: S 00‐10‐44 W  Length: 474.30
North: 2257430.3003          East : 6311436.5713
Line  Course: S 89‐36‐54 E  Length: 30.00
North: 2257430.0987          East : 6311466.5707
Line  Course: N 00‐10‐44 E  Length: 474.41
North: 2257904.5064          East : 6311468.0519
Curve  Length: 46.32                Radius: 430.00
Delta: 6‐10‐19             Tangent: 23.18
Chord: 46.30                Course: N 02‐54‐26 W
Course In: N 89‐49‐16 W     Course Out: N 84‐00‐25 E
RP  North: 2257905.8489          East : 6311038.0539
End North: 2257950.7443          East : 6311465.7038
Line  Course: N 05‐59‐35 W  Length: 78.05
North: 2258028.3677          East : 6311457.5548
Curve  Length: 39.91                Radius: 370.00
Delta: 6‐10‐46             Tangent: 19.97
Chord: 39.89                Course: N 02‐54‐12 W
Course In: N 84‐00‐25 E     Course Out: N 89‐48‐49 W
RP  North: 2258066.9987          East : 6311825.5326
End North: 2258068.2023          East : 6311455.5345
Line  Course: N 45‐11‐03 E  Length: 28.28
North: 2258088.1349          East : 6311475.5957

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line  Course: S 89‐49‐06 E  Length: 327.62
North: 2258087.0961          East : 6311803.2140
Line  Course: N 00‐10‐44 E  Length: 55.00
North: 2258142.0959          East : 6311803.3857
Line  Course: N 89‐49‐06 W  Length: 377.62
North: 2258143.2932          East : 6311425.7676
Line  Course: S 00‐10‐44 W  Length: 75.05
North: 2258068.2435          East : 6311425.5333
Curve  Length: 43.09                Radius: 400.00
Delta: 6‐10‐19             Tangent: 21.57
Chord: 43.07                Course: S 02‐54‐26 E
Course In: S 89‐49‐16 E     Course Out: S 84‐00‐25 W
RP  North: 2258066.9947          East : 6311825.5314
End North: 2258025.2315          East : 6311427.7175
Line  Course: S 05‐59‐35 E  Length: 78.05
North: 2257947.6081          East : 6311435.8666
Perimeter: 2170.78   Area: 40,728 sq.ft. 0.93 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0024               Course: S 35‐36‐23 W Error North: ‐0.00192              East : ‐0.00138
Precision  1: 904,495.83
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name:  WALNUT DRIVE AND SYCAMORE ROAD WEST
North: 2257947.6100          East : 6311435.8680
Curve  Length: 43.09                Radius: 400.00
Delta: 6‐10‐19             Tangent: 21.57
Chord: 43.07                Course: S 02‐54‐26 E
Course In: S 84‐00‐25 W     Course Out: S 89‐49‐16 E
RP  North: 2257905.8468          East : 6311038.0541
End North: 2257904.5979          East : 6311438.0522
Line  Course: S 00‐10‐44 W  Length: 474.30
North: 2257430.3003          East : 6311436.5713
Line  Course: N 89‐36‐54 W  Length: 30.00
North: 2257430.5018          East : 6311406.5720
Line  Course: N 00‐10‐44 E  Length: 474.20
North: 2257904.6995          East : 6311408.0525
Curve  Length: 39.86                Radius: 370.00
Delta: 6‐10‐19             Tangent: 19.95
Chord: 39.84                Course: N 02‐54‐26 W
Course In: N 89‐49‐16 W     Course Out: N 84‐00‐25 E
RP  North: 2257905.8547          East : 6311038.0544
End North: 2257944.4857          East : 6311406.0321
Line  Course: N 05‐59‐35 W  Length: 78.05
North: 2258022.1091          East : 6311397.8831
Curve  Length: 46.37                Radius: 430.00

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Delta: 6‐10‐42             Tangent: 23.21
Chord: 46.35                Course: N 02‐54‐14 W
Course In: N 84‐00‐25 E     Course Out: N 89‐48‐53 W
RP  North: 2258067.0045          East : 6311825.5330
End North: 2258068.3950          East : 6311395.5352
Line  Course: N 44‐49‐05 W  Length: 28.29
North: 2258088.4625          East : 6311375.5948
Line  Course: N 89‐49‐16 W  Length: 58.52
North: 2258088.6452          East : 6311317.0751
Line  Course: N 00‐10‐47 E  Length: 55.00
North: 2258143.6449          East : 6311317.2476
Line  Course: S 89‐49‐16 E  Length: 108.52
North: 2258143.3061          East : 6311425.7671
Line  Course: S 00‐10‐44 W  Length: 75.05
North: 2258068.2564          East : 6311425.5327
Curve  Length: 43.09                Radius: 400.00
Delta: 6‐10‐19             Tangent: 21.57
Chord: 43.07                Course: S 02‐54‐26 E
Course In: S 89‐49‐16 E     Course Out: S 84‐00‐25 W
RP  North: 2258067.0076          East : 6311825.5308
End North: 2258025.2444          East : 6311427.7170
Line  Course: S 05‐59‐35 E  Length: 78.05
North: 2257947.6210          East : 6311435.8660
Perimeter: 1632.38   Area: 25,925 sq.ft. 0.60 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0112               Course: N 10‐04‐32 W Error North: 0.01099               East : ‐0.00195
Precision  1: 145,749.11
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel Name: TRACT 5816 PHASE 11B ‐ LOT 49 CLOSURES
North:2,257,012.3362' East:6,311,799.8573'

Segment# 1: Line
Course: N0° 10' 44"E Length: 164.746'
North: 2,257,177.0814' East: 6,311,800.3717'

Segment# 2: Line
Course: S89° 49' 16"E Length: 517.500'
North: 2,257,175.4656' East: 6,312,317.8691'

Segment# 3: Line
Course: S0° 10' 44"W Length: 112.036'
North: 2,257,063.4302' East: 6,312,317.5193'

Segment# 4: Line

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Course: S15° 51' 09"E Length: 62.428'
North: 2,257,003.3764' East: 6,312,334.5723'

Segment# 5: Line
Course: S0° 10' 44"W Length: 295.949'
North: 2,256,707.4289' East: 6,312,333.6483'

Segment# 6: Line
Course: N89° 49' 16"W Length: 260.964'
North: 2,256,708.2437' East: 6,312,072.6855'

Segment# 7: Curve
Length: 154.607' Radius: 1,000.002'
Delta: 8°51'30" Tangent: 77.458'
Chord: 154.453' Course: S85° 45' 05"W
Course In: S0° 10' 50"W Course Out: N8° 40' 40"W
RP North: 2,255,708.2466' East: 6,312,069.5343'
End North: 2,256,696.8011' East: 6,311,918.6565'

Segment# 8: Line
Course: S81° 19' 20"W Length: 38.284'
North: 2,256,691.0249' East: 6,311,880.8108'

Segment# 9: Line
Course: N14° 10' 57"W Length: 300.446'
North: 2,256,982.3134' East: 6,311,807.1981'

Segment# 10: Line
Course: N14° 25' 11"W Length: 9.092'
North: 2,256,991.1189' East: 6,311,804.9340'

Segment# 11: Line
Course: N0° 16' 27"E Length: 21.202'
North: 2,257,012.3207' East: 6,311,805.0355'

Segment# 12: Line
Course: N89° 49' 16"W Length: 5.178'
North: 2,257,012.3369' East: 6,311,799.8575'

Perimeter: 1,942.430' Area: 237,261.14Sq.Ft.

Error Closure: 0.0007 Course: N16° 13' 19"E
Error North : 0.00069 East: 0.00020

Precision 1: 2,774,902.857
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel Name: Tract 5816 Phase 11B ‐ LOT 50 CLOSURES
North:2,257,175.4652' East:6,312,317.8691'

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816)

Segment# 1: Line
Course: S89° 49' 16"E Length: 447.410'
North: 2,257,174.0683' East: 6,312,765.2769'

Segment# 2: Line
Course: S0° 12' 35"W Length: 467.984'
North: 2,256,706.0875' East: 6,312,763.5640'
Segment# 3: Line
Course: N89° 49' 16"W Length: 429.918'
North: 2,256,707.4298' East: 6,312,333.6481'

Segment# 4: Line
Course: N0° 10' 44"E Length: 295.949'
North: 2,257,003.3773' East: 6,312,334.5721'

Segment# 5: Line
Course: N15° 51' 09"W Length: 62.428'
North: 2,257,063.4311' East: 6,312,317.5191'

Segment# 6: Line
Course: N0° 10' 44"E Length: 112.036'
North: 2,257,175.4665' East: 6,312,317.8689'

Perimeter: 1,815.724' Area: 203,702.32Sq.Ft.

Error Closure: 0.0013 Course: N8° 54' 39"W
Error North : 0.00128 East: ‐0.00020

Precision 1: 1,396,711.538
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name: TRACT 5816 PHASE 11B ‐ PHASE 11A & 11B COMBINED North: 2257177.0809        East : 6311800.3716
Line  Course: S 00‐10‐44 W  Length: 164.746
North: 2257012.3358          East : 6311799.8573
Line  Course: S 89‐49‐16 E  Length: 5.178
North: 2257012.3196          East : 6311805.0352
Line  Course: S 00‐16‐27 W  Length: 21.202
North: 2256991.1178          East : 6311804.9338
Line  Course: S 14‐25‐11 E  Length: 9.092
North: 2256982.3122          East : 6311807.1979
Line  Course: S 14‐10‐57 E  Length: 300.446
North: 2256691.0238          East : 6311880.8106
Line  Course: S 81‐19‐20 W  Length: 47.106
North: 2256683.9165          East : 6311834.2438
Curve  Length: 154.563              Radius: 1000.000
Delta: 8‐51‐21             Tangent: 77.324

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Chord: 154.411              Course: S 85‐44‐42 W
Course In: N 08‐40‐59 W     Course Out: S 00‐10‐22 W
RP  North: 2257672.4572          East : 6311683.2743
End North: 2256672.4618          East : 6311680.2588
Line  Course: N 89‐49‐35 W  Length: 367.478
North: 2256673.5880          East : 6311312.7812
Line  Course: N 00‐06‐20 E  Length: 114.972
North: 2256788.5598          East : 6311312.9930
Line  Course: N 00‐10‐47 E  Length: 130.004
North: 2256918.5692          East : 6311313.4008
Line  Course: N 00‐10‐47 E  Length: 502.000
North: 2257420.5667          East : 6311314.9754
Line  Course: N 00‐10‐47 E  Length: 723.068
North: 2258143.6311          East : 6311317.2435
Line  Course: S 89‐49‐16 E  Length: 108.524
North: 2258143.2923          East : 6311425.7670
Line  Course: S 89‐49‐06 E  Length: 377.617
North: 2258142.0950          East : 6311803.3821
Line  Course: S 00‐10‐44 W  Length: 714.064
North: 2257428.0345          East : 6311801.1526
Line  Course: S 00‐10‐44 W  Length: 250.954
North: 2257177.0817          East : 6311800.3691
Perimeter: 3991.020   Area: 728,057 sq.ft. 16.71 acres
Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0027               Course: N 73‐32‐50 W Error North: 0.00075               East : ‐0.00255
Precision  1: 1,478,156.667
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name: SYCAMORE ROAD ‐ MEYER STREET ‐ FELECITA ROAD EXTERIOR CLOSURES North: 2258145.4721        East : 6310727.5483
Line  Course: S 89‐49‐16 E  Length: 698.224
North: 2258143.2921          East : 6311425.7689
Line  Course: S 89‐49‐06 E  Length: 1343.047
North: 2258139.0338          East : 6312768.8091
Line  Course: S 00‐12‐35 W  Length: 1432.954
North: 2256706.0894          East : 6312763.5640
Line  Course: N 89‐49‐16 W  Length: 690.882
North: 2256708.2464          East : 6312072.6854
Curve  Length: 154.607              Radius: 1000.002
Delta: 8‐51‐30             Tangent: 77.35
Chord: 154.453              Course: S 85‐45‐05 W
Course In: S 00‐10‐50 W     Course Out: N 08‐40‐40 W
RP  North: 2255708.2494          East : 6312069.5341
End North: 2256696.8039          East : 6311918.6564
Line  Course: S 81‐19‐20 W  Length: 85.390

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) North: 2256683.9204          East : 6311834.2439
Curve  Length: 154.563              Radius: 1000.000
Delta: 8‐51‐21             Tangent: 77.324
Chord: 154.411              Course: S 85‐44‐42 W
Course In: N 08‐40‐59 W     Course Out: S 00‐10‐22 W
RP  North: 2257672.4590          East : 6311683.2754
End North: 2256672.4636          East : 6311680.2599
Line  Course: N 89‐49‐35 W  Length: 367.478
North: 2256673.5889          East : 6311312.7830
Line  Course: N 89‐49‐45 W  Length: 144.208
North: 2256674.0213          East : 6311168.5762
Line  Course: S 89‐49‐45 E  Length: 144.208
North: 2256673.5913          East : 6311312.7836
Line  Course: N 00‐06‐20 E  Length: 114.972
North: 2256788.5631          East : 6311312.9954
Line  Course: N 00‐10‐47 E  Length: 130.000
North: 2257420.5700          East : 6311314.9769
Line  Course: N 00‐10‐47 E  Length: 502.000
North: 2256788.5606          East : 6311312.9949
Line  Course: N 00‐10‐47 E  Length: 723.068
North: 2258143.6344          East : 6311317.2449
Line  Course: N 89‐49‐16 W  Length: 589.700
North: 2258145.4756          East : 6310727.5488
Perimeter: 7275.311   Area: 2,100,407 sq.ft. 48.22 acres Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0035               Course: N 08‐50‐14 E Error North: 0.00347               East : 0.00054
Precision  1: 2,078,660.286
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Parcel name: SYCAMORE ROAD ‐ MEYER STREET ‐ FELECITA ROAD INTERIOR CLOSURES North: 2258145.4721        East : 6310727.5483
Line  Course: S 89‐49‐16 E  Length: 589.700
North: 2258143.6310          East : 6311317.2454
Line  Course: S 89‐49‐16 E  Length: 108.524
North: 2258143.2921          East : 6311425.7689
Line  Course: S 89‐49‐06 E  Length: 377.617
North: 2258142.0948          East : 6311803.3840
Line  Course: S 89‐49‐06 E  Length: 965.429
North: 2258139.0338          East : 6312768.8081
Line  Course: S 00‐12‐35 W  Length: 964.970
North: 2257174.0702          East : 6312765.2760
Line  Course: S 00‐12‐35 W  Length: 467.984
North: 2256706.0894          East : 6312763.5630
Line  Course: N 89‐49‐16 W  Length: 175.041
North: 2256706.6359          East : 6312588.5229

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Line Course:

N 89‐49‐16W  Length: 254.877
North: 2256707.4317          East: 6312333.6471
Line  Course:N 89‐49‐16W  Length: 260.964
North: 2256708.2464          East: 6312072.6844
Curve  Length: 92.129               Radius: 1000.002
Delta:5‐16‐43             Tangent: 46.096
Chord: 92.095               Course:S 87‐32‐29W
Course In:

S 00‐10‐50W     Course Out:N 05‐05‐53W
RP  North: 2255708.2494          East: 6312069.5331
End North: 2256704.2955          East: 6311980.6724
Curve  Length: 62.478               Radius: 1000.002
Delta:3‐34‐47             Tangent: 31.250
Chord: 62.469               Course:S 83‐06‐44W
Course In:S 05‐05‐53
E     Course Out:N 08‐40‐40W
RP  North: 2255708.2494          East: 6312069.5331
End North: 2256696.8039          East: 6311918.6554
Line  Course:S 81‐19‐20W  Length: 38.284
North: 2256691.0277          East: 6311880.8096
Line  Course:S 81‐19‐20W  Length: 47.106
North: 2256683.9204          East: 6311834.2429
Curve  Length: 83.858               Radius: 1000.000
Delta:4‐48‐17             Tangent: 41.952
Chord: 83.830               Course:S 83‐43‐09W
Course In:N 08‐40‐59W     Course Out:S 03‐52‐42E
RP  North: 2257672.4590          East: 6311683.2744
End North: 2256674.7491          East: 6311750.9124
Curve  Length: 70.705               Radius: 1000.000
Delta:4‐03‐04             Tangent: 35.370
Chord: 70.695               Course:S 88‐08‐50W
Course In:N 03‐52‐42W     Course Out:S 00‐10‐22W
RP  North: 2257672.4590          East: 6311683.2744
End North: 2256672.4636          East: 6311680.2589
Line  Course:N 89‐49‐35W  Length: 367.478
North: 2256673.5889          East: 6311312.7830
Line  Course:N 00‐06‐20E  Length: 114.972
North: 2256788.5631          East: 6311312.9944
Line  Course:N 00‐10‐47E  Length: 130.000
North: 2257420.5700          East: 6311314.9769
Line  Course:N 00‐10‐47E  Length: 502.000
North: 2256788.5606          East: 6311312.9949
Line  Course:

N 00‐10‐47E  Length: 723.068
North: 2258143.6344          East: 6311317.2449
Line  Course:N 89‐49‐16W  Length: 589.700
North: 2258145.4756          East: 6310727.5478
Perimeter: 6986.895   Area: 2,100,407 sq.ft. 48.22 acres Mapcheck Closure ‐ (Uses listed courses, radii, and deltas) Error Closure: 0.0035               Course:N 07‐33‐28W
Error North: 0.00347               East: ‐0.00046

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816) Precision 1: 1,996,255.429
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

6.A.3
Attachment: 1. TRACT MAP 5816 PHASE 11B & Closure Calcs (Final Tract Map 5816)

6.A.4
Attachment: 2. Grant Deed_Redacted (Final Tract Map 5816)

6.A.5
Attachment: 3. Articles of Incorporation (Final Tract Map 5816)

6.A.6
Attachment: 4. Tax Certificate_Redacted (Final Tract Map 5816)

CONDITION OF TITLE
Guarantee Number:

Issued By:

FWKN-TO23000991
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014) Printed: 02.01.24 @ 01:44 PM

Page 1 ends

Arvin City CouncilMarch 12, 2024

Arvin City Council
March 12, 2024