REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
MARCH 12, 2024
CALL TO ORDER @ 6:02PM
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL: All present. CM Murillo arrived late during Presentation Item 3A. vavor's seat vacant
1. APPROVAL OF AGENDA AS TO FORM.
Motion to approve the Agenda.
Motion CM Horton Second CM Borreli Vote 3-0
2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
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.
Resolution No. 2024-12
Arvin City Council Meeting Minutes - March 12, 2024
E. Approval of A Resolution of the City Council of the City of Arvin to Approve the 2023 Housing Element Annual Progress Report.
Resolution No. 2024-13
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 to approve Consent Agenda Items 4A - 4F.
Motion CM Horton Second CM Borreli Vote 4-0
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.
Hearing opened.
Public Testimony: Applicants Raji Brar and Rick Jhaj along with Derrill Whitten from Cornerstone Engineering requested that the Council consider approving their proposed modifications.
Hearing closed.
No motion and no action taken for above Public Hearing Item 5A. The City Council requested that the applicant continue to work with the City Engineer regarding their new proposed plan. The City Council provided the following direction: (1) City staff are to issue a final 30-day temporary occupancy permit; and (2) the City Engineer is to provide a report to Council in 30 days updating Council on the status of completion of the conditions of approval related to the Site Development Permit.
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 Arvin City Council Meeting Minutes - March 12, 2024
The ordinaive first reading of the Ordinance, and approve the introduction of Motion to waive first reading of the Ordinance to be read by title only and approve the introduction of the Ordinance.
Motion CM Horton Vote 4-0
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.
Hearing opened.
No public testimony.
Hearing closed.
Motion to waive first reading of the Ordinance to be read by title only and approve the introduction of the Ordinance.
Motion CM Murillo Second CM Borreli Vote 3-0
CM Horton stepped out momentarily during Public Hearing Item 5C and was not present during the vote.
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, tie fist repan the he indiance and abir teste ny dise the the Ordinance.
Hearing opened.
No public testimony.
tearina closed.
Arvin City Council Meeting Minutes - March 12, 2024
Motion to waive first reading of the Ordinance to be read by title only and approve the introduction of the Ordinance.
Motion CM Borreli Second CM Murillo Vote 4-0
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)
Stalf recommends approval of the Resolution.
Motion to approve the Resolution.
Motion CM Horton Second CM Borreli Vote 4-0
Resolution No. 2024-14
B. Cacaoy ori l City Count and Die Roadise the garcies for amme the 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 to place an item on the following agenda for the City Council to make a direct appointment to fill the vacant Mayor seat.
Motion CM Borreli Second CM Horton Vote 4-0
7. CITY MANAGER'S REPORT
8. COUNCIL MEMBER COMMENTS
9. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):
Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.
B. CONFERENCE WITH LEGAL COUNSEL-POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases Arvin City Council Meeting Minutes - March 12, 2024
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
CLOSED SESSION REPORT BY CITY ATTORNEY:
9A. No reportable action.
9B. Case 1: No reportable action.
Case 2: No reportable action.
Case 3: Direction provided to City Manager to gather list of Committees so that the City Council is aware of where vacancies exist.
Case 4: No reportable action.
Case 5: No reportable action.
9C. No reportable action.
9D. The City Council provided direction to the City Attorney and City Manager concerning negotiation of price of property.
10. ADJOURNED @ 8:19PM
Respectfully submitted,
Uble Ville
Cecilia Vela, City Clerk
Arvin City Council Meeting Minutes - March 12, 2024