SPECIAL MEETING AGENDA
OF THE
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING
AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY MARCH 19, 2024 7:00p.m.
CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Pro Tem Susana Reyes
PLEDGE OF ALLEGIANCE
INVOCATION
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ROLL CALL Vacant Mayor
Susana Reyes Mayor Pro Tem
Daniel Borreli Councilmember
Donny Horton Councilmember
Juan Murillo Councilmember
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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.
Special Arvin City Council Meeting Agenda – March 19, 2024
1. APPROVAL OF AGENDA AS TO FORM.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Horton ___ CM Borreli ___ MPT Reyes ___
2. ACTION ITEM(S)
A. Consideration and Approval of Memorandum of Understanding for the City of Arvin to Co-Sponsor A Procession Honoring Mayor Olivia Trujillo on Saturday, March 23, 2024 to Include Arvin Police Traffic Control Services and Blocking Necessary Streets on Campus Drive from Arvin City Hall to Varsity Road Subject to Execution of A Memorandum of Understanding between the City of Arvin and Ms. Olivia Calderon; and to Authorize Planting of A Tree at Arvin City Hall by Mayor Olivia Trujillo’s Family Members and Friends Subject to Execution of A Volunteer Release and Waiver of Liability Form by All Participating Parties.
Staff recommends approval of the Memorandum of Understanding for the City of Arvin to co-sponsor a procession honoring Mayor Olivia Trujillo on Saturday, March 23, 2024 to include Arvin Police traffic control services and blocking necessary streets on Campus Drive from Arvin City Hall to Varsity Road subject to execution of a Memorandum of Understanding between the City of Arvin and Ms. Olivia Calderon; and to authorize planting of a tree at Arvin City Hall by Mayor Olivia Trujillo’s family members and friends subject to execution of a Volunteer Release and Waiver of Liability Form by all participating parties.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Horton ___ CM Borreli ___ MPT Reyes ___ B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Providing for the Appointment to the Office of the City Council for the Remainder of An Unexpired Term. (City Attorney)
Staff recommends a member of the City Council make a motion to appoint any person who meets the minimum legal requirement to run for office for the vacancy (Mayor seat) on the City Council and take all appropriate action thereafter.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Horton ___ CM Borreli ___ MPT Reyes ___ SWEARING IN OF NEWLY APPOINTED MAYOR (City Clerk)
(Dependent on action taken for above Action Item 2B)
Special Arvin City Council Meeting Agenda – March 19, 2024
C. 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 recommendation:
Should the vacant Mayor seat on the City Council be filled through the direct appointment of a current Council Member, that appointment would create a new vacancy on the City Council. Under such a scenario, Staff recommends the City Council discuss initial options regarding how to fill the newly created vacancy on the City Council and either provide recommendations to Staff regarding the same, or fill the vacancy by Direct Appointment. Should the direct appointment option be utilized, Staff recommends Council either direct Staff to bring a resolution back to Council at the next meeting or take action tonight. Should Council decide to take action tonight, Staff recommends a member of the City Council make a motion to Appoint any person who meets the minimum legal requirement to run for office for the newly created vacancy on the City Council, and have the Council take all appropriate action thereafter.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Horton ___ CM Borreli ___ MPT Reyes ___ SWEARING IN OF NEWLY APPOINTED COUNCIL MEMBER (City Clerk) (Dependent on action taken for above Action Item 2C)
3. 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 24 hours prior to the meeting. Dated March 15, 2024.
Cecilia Vela, City Clerk
AGREEMENT NO. _________
MEMORANDUM OF UNDERSTANDING AGREEMENT
This Memorandum of Understanding Agreement (this “Agreement”) is dated ________________________, 2024 and is entered into by and between Olivia Calderon (“Mrs.
Calderon”), on the one hand, and the City of Arvin (“CITY”), a California municipal corporation, on the other hand. Mrs. Calderon and CITY are collectively referred to as the “Parties” and individually as a “Party.”
RECITALS
WHEREAS, Mrs. Calderon is daughter of Olivia Trujillo who served as the City of Arvin’s Mayor and was a resident of the City of Arvin, California since her date of birth; WHEREAS, Mrs. Calderon, family and friends would like to honor the late Mayor Trujillo by holding a procession commencing at Arvin City Hall located at 200 Campus Drive, Arvin to Faro Church located at 500 Campus Drive, Arvin where the memorial service will be held; WHEREAS, the CITY is a California Municipal corporation that was formed in December 21, 1960. The CITY provides numerous services to the residents, including parks and recreation, and various community activities.
WHEREAS, Mrs. Calderon approached CITY and requested to provide a procession for the community in honor of Mayor Olivia Trujillo (“Special Event”). The original proposal included the following:
a. All set-up, dismantling, and clean-up to be completed by Mrs. Calderon; b. All preparation and coordination of event activities to be completed by Mrs.
Calderon;
c. The event is due to take place at the City of Arvin’s City Hall and proceed to Faro Church located at 500 Campus Drive, Arvin, CA 93203;
d. A completed Special Event Permit Application submitted to the City Clerk; and WHEREAS, the CITY offered to participate in the Special Event through the donation of police time and resources necessary to undertake the Special Event. City Council approved the original proposal as well as the CITY’s participation at its March 19, 2024 Special Council Meeting; and
WHEREAS, the Special Event, approved by CITY, is to take place on Saturday, March 23, 2024; and
WHEREAS, the Parties have agreed Mrs. Calderon will be the lead entity and CITY, notwithstanding staff and police time resources, will have no responsibility to pay for, in whole or in part, with public funds, including the payment of money or the equivalent of money, directly to, or on behalf of Mrs. Calderon and related in any way to the Special Event; and
2.A.1
Attachment: MOU for COA to Co-Sponsor Procession in Honor of Olivia Trujillo_031924 (MOU for COA to Co-Sponsor Special Event in Honor of
WHEREAS, Mrs. Calderon and CITY herein desire to enter into a Memorandum of Understanding setting forth the responsibilities of each Party related to the Special Event.
AGREEMENT
In consideration of the covenants, conditions and releases contained herein, the Parties agree as follows:
1. Incorporation of Recitals. The above recitals are hereby incorporated by this reference.
2. Parties’ Obligations.
a. Mrs. Calderon will donate the time and resources and control all actions, excepting therefrom the CITY’s staff and police resources, necessary for the Special Event, including, but not limited to the following:
i. Conduct all set-up, dismantling, and clean-up; and
ii. Conduct all preparation and coordination of event activities; and iii. Provide all equipment and materials; and
iv. Provide any and all other items required for completion of event; and v. Provide all staff and/or volunteers (excepting therefrom the City Staff and Police determined to be necessary by the City) required for the Special Event to be conducted.
b. CITY will make all reasonable accommodations it believes, in its sole discretion, will allow the Special Event to be completed, including, on the day of the Special Event, providing police time and resources necessary for the Special Event to proceed.
3. CITY’s Representations and Warranties. CITY represents and warrants as follows:
a. CITY has all requisite right, power and authority to execute and deliver this Agreement. This Agreement has been duly and validly executed and delivered by CITY and this Agreement constitutes a legal, valid and binding obligation of CITY. b. CITY has had a full and unhindered opportunity to consult with attorneys and other consultants of its own choosing in deciding to enter into this Agreement.
4. Mrs. Calderons’s Representations and Warranties. Mrs. Calderon represents and warrants as follows:
a. Mrs. Calderon has all requisite right, power and authority to execute and deliver this Agreement. This Agreement has been duly and validly executed and delivered by Mrs. Calderon and this Agreement constitutes a legal, valid and binding obligation of Mrs. Calderon.
b. Mrs. Calderon has had a full and unhindered opportunity to consult with attorneys and other consultants of her own choosing in deciding to enter into this Agreement.
2.A.1
Attachment: MOU for COA to Co-Sponsor Procession in Honor of Olivia Trujillo_031924 (MOU for COA to Co-Sponsor Special Event in Honor of
c. The execution, delivery and performance of this Agreement will not conflict with or violate any law or governmental order applicable to Mrs. Calderon.
5. Release by Mrs. Calderon. Mrs. Calderon, for herself and on behalf of its agents, representatives, beneficiaries, successors and assigns, partners, co-owners, affiliates, subsidiaries, employees, officers, directors, predecessors in interest, and successors in interest, hereby releases and forever discharges CITY, its agents, representatives, beneficiaries, successors and assigns, partners, co-owners, affiliates, subsidiaries, employees, officers, directors, predecessors in interest, and successors in interest and assigns from any and all amounts due, sums of money, claims, demands, debts, liabilities, obligations, actions, damages and losses of whatsoever kind, whether known or unknown, related to or arising out of, directly or indirectly, the Special Event.
6. Legal Representation. The Parties represent and acknowledge that each of them has had the opportunity to be represented by legal counsel with respect to this Agreement and that each party has had the opportunity to be fully advised with respect to all rights which are affected by this Agreement.
7. No Inducement. The Parties agree that if the facts with respect to which this Agreement is executed are found hereafter to be different from the facts now believed by any party, the Parties expressly accept and assume the risk of such possible differences in facts and agree that this Agreement shall remain effective, notwithstanding such differences. The Parties declare and represent that no promise, inducement, or other agreement not expressly contained herein has been made to induce this Agreement.
8. Integration; Entire Agreement; Modification. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, understandings, negotiations and discussions, whether oral or written, of all parties, and there are no warranties, representations or agreements between the Parties in connection with the subject matter hereof except as set forth or referred to herein. No supplement, modification, waiver, amendment or termination of this Agreement or any provision thereof shall be binding unless executed in writing by the Parties. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall such waiver constitute a continuing waiver unless expressly stated to be the case.
9. Binding on Heirs and Assigns. This Agreement shall be binding upon and shall inure to the benefit of each of the Parties hereto and to their respective heirs, legatees, beneficiaries, executors, administrators, personal representatives, successors and assigns.
10. Warranty of Signatories. Each signatory hereto represents and warrants that they each have the authority to execute this Agreement and to thereby bind the Parties hereto. Each signatory hereto represents and warrants that no other person or entity has claimed or now claims any interest in the subject matter of this Agreement, and that they have the sole right and exclusive authority to execute this Agreement and to receive the aforesaid consideration, and that they have not sold, assigned, or otherwise set over to any other person or entity, any claim, lien, demand, cause of action, obligation, damage or liability covered hereby.
2.A.1
Attachment: MOU for COA to Co-Sponsor Procession in Honor of Olivia Trujillo_031924 (MOU for COA to Co-Sponsor Special Event in Honor of
11. Notices. All notices, requests, demands, and other communications under this Agreement must be in writing and will be considered to have been duly given on the date of service i) if served personally on the party to whom notice is to be given, or ii) if served by email and also by United States Mail, first class, postage prepaid, and properly addressed and deposited on the same date as the email transmission, as follows:
CITY: City of Arvin
Attn: City Manager
200 Campus Drive
Arvin, CA 93203
Email: [email protected]
MRS. CALDERON: Olivia Calderon
Address:
Email:
A party may change or supplement its designated agent, address, or email address given above, or designate additional agents, addresses or email addresses for notice purposes, by giving notice to the other party in the manner set forth in this Section 5, provided that any such address change shall not be effective until five (5) days after the notice is delivered or received by the other party.
12. Mrs. Calderon’s Insurance. Mrs. Calderon, at her sole cost and expense, commencing on March 23, 2024 takes any action related to the Special Event, shall procure, pay for and keep in full force and effect the following types of insurance, in at least the amounts and in the forms specified below:
a. Comprehensive general liability insurance with coverage limits of not less than One Million Dollars ($1,000,000.00) for combined single limit for bodily injury, personal injury, death and property damage liability per occurrence or the limit carried by Tenant, whichever is greater, insuring against any and all liability of the insureds with respect to the Special Event or arising out of the Special Event. All such liability insurance shall specifically insure the performance by MRS. CALDERON of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property set forth in Section 14. Further, all such liability insurance shall include, but not be limited to, personal injury, blanket contractual, cross-liability and severability of interest clauses, broad form property damage, independent contractors, owned, non-owned and hired vehicles. b. Worker’s compensation coverage in an amount adequate to comply with law, and employer’s liability coverage with a limit of not less than One Million Dollars ($1,000,000.00).
2.A.1
Attachment: MOU for COA to Co-Sponsor Procession in Honor of Olivia Trujillo_031924 (MOU for COA to Co-Sponsor Special Event in Honor of
c. Automobile liability coverage. MRS. CALDERON shall provide Automobile Liability Insurance covering any and all vehicles participating in the Special Event for all owned, non-owned, or hired vehicles with a combined single limit of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence that the policy includes the proper endorsement for the CITY.
d. Policy Form. All policies of insurance required of MRS. CALDERON herein shall be issued by insurance companies with a general policy holder’s rating of not less than “A” and a financial rating of not less than Class “X”, as rated in the most current available “Best’s Key Rating Guide”, and which are qualified to do business in the State of California. All such policies, except for the Workers’ Compensation coverage, shall name and shall be for the mutual and joint benefit and protection of CITY, MRS. CALDERON and CITY’s agents or beneficiary(ies) as additional insureds. The policies described in Section 12(a) shall also name CITY and CITY beneficiary(ies) as loss payees. Executed copies of the policies of insurance or certificates thereof shall be delivered to CITY prior to MRS. CALDERON, its agents or employees taking any action related to the Special Event for any purpose. Thereafter, executed copies of renewal policies or certificates thereof shall be delivered to CITY within thirty (30) days prior to the expiration of the term of each policy. All policies of insurance delivered to CITY must contain a provision that the company writing the policy will give to CITY thirty (30) days’ prior written notice of any cancellation or lapse or the effective date of any reduction in the amounts of insurance.
All policies required of MRS. CALDERON herein shall be endorsed to read that such policies are primary policies and any insurance carried by CITY shall be noncontributing with such policies. No policy required to be maintained by MRS. CALDERON shall have a deductible greater than Five Thousand Dollars ($5,000.00) unless approved in writing by CITY.
13. Blanket Policies. Notwithstanding anything to the contrary contained in Section 12, MRS.
CALDERON’s obligation to carry insurance may be satisfied by coverage under a so-called blanket policy or policies of insurance; provided, however, that the coverage afforded to the CITY will not be reduced or diminished and the requirements set forth in this Agreement are otherwise satisfied by such blanket policy or policies.
14. INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, MRS.
CALDERON COVENANTS WITH CITY THAT CITY, ITS OFFICERS, DIRECTORS,
AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGE OR
LIABILITY OF ANY KIND OR FOR ANY INJURY TO OR DEATH OF PERSONS
RELATED TO OR ARISING FROM THE SPECIAL EVENT OCCURRING FROM AND AFTER MRS. CALDERON TAKES ANY ACTION RELATED TO THE SPECIAL EVENT, FROM ANY CAUSE WHATSOEVER RELATED TO THE SPECIAL EVENT.
MRS. CALDERON SHALL PAY FOR, DEFEND (WITH AN ATTORNEY
2.A.1
Attachment: MOU for COA to Co-Sponsor Procession in Honor of Olivia Trujillo_031924 (MOU for COA to Co-Sponsor Special Event in Honor of
REASONABLY APPROVED BY CITY), INDEMNIFY, AND SAVE CITY HARMLESS
AGAINST AND FROM ANY REAL OR ALLEGED DAMAGE OR INJURY AND FROM
ALL CLAIMS, JUDGMENTS, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS ARISING OUT OF OR CONNECTED WITH THE SPECIAL EVENT; PROVIDED, HOWEVER (AND THOUGH MRS. CALDERON
SHALL IN ALL CASES ACCEPT ANY TENDER OF DEFENSE OF ANY ACTION OR
PROCEEDING IN WHICH CITY IS NAMED OR MADE A PARTY AND SHALL,
NOTWITHSTANDING ANY ALLEGATIONS OF NEGLIGENCE OR MISCONDUCT ON THE PART OF CITY, DEFEND CITY AS PROVIDED HEREIN), MRS. CALDERON,
ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE
FOR SUCH DAMAGE OR LIABILITY OF ANY KIND OR FOR ANY INJURY TO OR
DEATH OF PERSONS OR DAMAGE TO PROPERTY OF CITY OR ANY OTHER
PERSON OCCURRING FROM AND AFTER THE EFFECTIVE DATE FROM ANY
CAUSE WHATSOEVER RELATED TO THE SPECIAL EVENT TO THE EXTENT AND
IN THE PROPORTION THAT THE SAME IS ULTIMATELY DETERMINED TO BE
ATTRIBUTABLE TO THE WILLFUL NEGLIGENCE OF CITY, AND CITY SHALL PAY FOR, DEFEND, INDEMNIFY, AND SAVE MRS. CALDERON HARMLESS
AGAINST AND FROM ANY AND ALL CLAIMS, JUDGMENTS, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, RESULTING FROM ANY SUCH DAMAGE OR INJURY. THE OBLIGATIONS TO INDEMNIFY SET FORTH IN THIS SECTION SHALL INCLUDE ALL ATTORNEYS’ FEES, LITIGATION
COSTS, INVESTIGATION COSTS AND COURT COSTS AND ALL OTHER COSTS,
EXPENSES AND LIABILITIES INCURRED BY THE INDEMNIFIED PARTY FROM
THE FIRST NOTICE THAT ANY CLAIM OR DEMAND IS TO BE MADE OR MAY BE MADE. ALL INDEMNITY OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
MRS. CALDERON’s initials: ___
CITY initials: ___
15. Attorneys’ Fees. In the event of any action to interpret or enforce this Agreement or any provision hereof, the prevailing party shall be awarded reasonable attorney’s fees and costs.
16. Further Assurances. The Parties agree to execute, deliver, file, serve and/or record any additional documents and perform any additional acts as may be reasonably necessary to complete the terms of this Agreement.
17. Neutral Construction. No provision as contained herein is to be interpreted for or against any party hereto because that party or that party’s legal representative drafted such provision. The validity, construction and all rights and obligations relating to this Agreement shall be governed by and under the laws of the State of California in effect as of the execution of this Agreement.
This Agreement is made, entered into, and to be performed in Kern County, California.
2.A.1
Attachment: MOU for COA to Co-Sponsor Procession in Honor of Olivia Trujillo_031924 (MOU for COA to Co-Sponsor Special Event in Honor of
18. Legality of Individual Provisions. In the event that one or more of the provisions of this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected thereby.
19. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which for all purposes is to be deemed an original, and all of which constitute, collectively, one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth opposite their respective signatures below.
Date: CITY OF ARVIN
By:
Jeff Jones, City Manager
Date: OLIVIA CALDERON
(MRS. CALDERON)
By:
Print name:
2.A.1
Attachment: MOU for COA to Co-Sponsor Procession in Honor of Olivia Trujillo_031924 (MOU for COA to Co-Sponsor Special Event in Honor of
CITY OF ARVIN
STAFF REPORT
TO: The Honorable Mayor Pro Tem, And Members of The City Council FROM: Nathan M. Hodges, City Attorney
Jeff Jones, City Manager
DATE: March 19, 2024
SUBJECT: CITY COUNCIL APPOINTMENT OF THE VACANCY ON THE CITY
COUNCIL
RECOMMENDATION:
Staff recommends a member of the City Council make a motion to Appoint any person who meets the minimum legal requirement to run for office for the vacancy (Mayor seat) on the City Council and take all appropriate action thereafter.
BACKGROUND:
Under State law the City Council is required to fill a vacancy on the City Council either by appointing someone to the vacant position or holding a special election. There are various options for appointment, including appointment after review of applications, and direct appointment.
By way of background, Mayor Trujillo was elected to office on November 03, 2020, and has less than one year remaining in her term of office as Mayor. Mayor Trujillo passed away on March 03, 2024, thereby creating a vacancy that will need to be filled by the City Council either by appointment or by calling a special election. The person appointed or elected would fill the vacant seat for the remainder of the term of that seat, and that seat would then be up for election in November 2024.
On March 12, 2024, Council was presented with the options for filling vacancies and directed City Staff to bring a resolution back to Council to allow the City Council to Directly Appoint a person to the Vacant Mayor Seat.
FISCAL IMPACT:
There is a minimal fiscal impact associated with appointment other than certain Staff time, etc.
ATTACHMENTS:
- Resolution of Appointment to Vacant Mayor Seat
2.B.1
Attachment: Staff Report Appointing Vacant Mayor Seat_031924 (Appoinment for Vacant Mayor Seat) Reso Appointing Vacancy Mayor Seat.
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF THE CITY
COUNCIL FOR THE REMAINDER OF AN UNEXPIRED TERM
WHEREAS, Mayor Trujillo was elected to office on November 03, 2020. There is less than one year remaining in this term of office as Mayor.
WHEREAS, Mayor Trujillo passed away on March 03, 2024, thereby creating a vacancy on the City Council.
WHEREAS, pursuant to Government Code Section 36512(b), if a vacancy occurs in an elective office, the Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy; and WHEREAS, the person appointed or elected would fill the vacant seat for the remainder of the term of that seat, and that seat would then be up for election in November 2024.
WHEREAS, the City of Arvin has not enacted an ordinance as contemplated by Government Code Section 36512(c), which states that a city may enact an ordinance that requires that a special election be called immediately or provides that a person appointed to the vacant seat only hold the office until the date of the special election; and WHEREAS, pursuant to Government Code Section 36512, at the Regular meeting of March 12, 2024, the City Council unanimously chose the direct appointment process to fill the vacancy; and
WHEREAS, such an appointment would not result in a majority of the members serving on the Council having been appointed; and
WHEREAS, the person being appointed meets all of the following qualifications:
• A registered voter of the City (including age requirements). • A legal residence or domicile within the City.
• Willingness to be appointed; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution and appointment have occurred.
NOW, THEREFORE, the City Council of the City of Arvin resolves as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated herein as if set forth in full.
SECTION 2. Pursuant to Government Code Section 36512, __________________ is hereby appointed to the office of Mayor that was vacated by the death of former incumbent Mayor Olivia Trujillo and shall serve for the unexpired term of that office. __________________ shall
2.B.2
Attachment: Reso Appointing Vacant Mayor Seat_031924 (Appoinment for Vacant Mayor Seat) Reso Appointing Vacancy Mayor Seat.
be deemed to have taken that office immediately upon being sworn in and shall serve exactly as if elected at a municipal election for the office of Mayor.
SECTION 3. The City Clerk shall notify the Kern County Registrar of Voters of the City Council’s action.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.
SECTION 5. This resolution is effective immediately.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a special meeting thereof held on the 19th 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.
2.B.2
Attachment: Reso Appointing Vacant Mayor Seat_031924 (Appoinment for Vacant Mayor Seat)
CITY OF ARVIN
STAFF REPORT
TO: The Honorable Mayor Pro Tem, And Members of The City Council FROM: Nathan M. Hodges, City Attorney
Jeff Jones, City Manager
DATE: March 19, 2024
SUBJECT: CITY COUNCIL DISCUSSION OF OPTIONS REGARDING THE PROCESS
FOR FILLING THE VACANCY ON THE CITY COUNCIL AND DIRECTION TO STAFF REGARDING THE SAME.
RECOMMENDATION:
Should the vacant Mayor seat on the City Council be filled through the direct appointment of a current Council Member, that appointment would create a new vacancy on the City Council.
Under such a scenario, Staff recommends the City Council discuss initial options regarding how to fill the newly created vacancy on the City Council and either provide recommendations to Staff regarding the same, or fill the vacancy by Direct Appointment. Should the direct appointment option be utilized, Staff recommends Council either direct Staff to bring a resolution back to Council at the next meeting or take action tonight. Should Council decide to take action tonight, Staff recommends a member of the City Council make a motion to Appoint any person who meets the minimum legal requirement to run for office for the newly created vacancy on the City Council, and have the Council take all appropriate action thereafter.
BACKGROUND:
By way of background, Mayor Trujillo was elected to office on November 03, 2020, and has less than one year remaining in her term of office as Mayor. Mayor Trujillo passed away on March 03, 2024, thereby creating a vacancy on City Council.
On March 12, 2024, Council was presented with the options for filling the vacant Mayor seat and directed City Staff to bring a resolution back to Council to allow the City Council to Directly Appoint a person to the Vacant Mayor Seat. On ________________, Council directly appointed _________________ to fill the vacancy. This appointment created a new vacancy on the City Council that will need to be filled by the City Council either by appointment or by calling a special election. The person appointed or elected would fill the vacant seat for the remainder of the term of that seat, and that seat would then be up for election in November __________. This staff report outlines the Council’s options and seeks direction from the City Council regarding how to proceed with filling the vacancy.
Options for Filling Vacancies
Government Code Section 36512 establishes the means by which a City Council vacancy may be filled. The City does not have an ordinance requiring a certain method for filling a vacancy.
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Attachment: Staff Report Options re Process to Fill Vacant Council Seat_031924 (Options re Process to Fill Vacant Council Member Seat) Consequently, under Section 36512(b), the City Council has the discretion to either (i) fill the vacancy by appointment or (ii) call for a special election.
The City Council must make this decision – to either fill the vacancy by appointment or call for a special election – within 60 days after the vacancy is created.
Consequently, the City Council must either appoint a qualified individual to fill the vacancy or call for a special election by no later than _______________, 2024. As a practical matter this means that the Council only has three regular meetings to act (March 26, and April 9 and 23, 2024) after this current meeting unless a special meeting is called.
Filling Vacancy by Appointment
If the City Council chooses to fill the vacancy by appointment, the specific method of appointment is within in the Council’s discretion, so long at the appointment is made within the 60-day time period. To be eligible, any person appointed must meet the minimum legal requirements required to run for office. For the City of Arvin, these are:
• The candidate must be a registered voter of the City (including age requirements). • The candidate must maintain a legal residence or domicile within the City. • The willingness to be appointed.
In addition to the minimum qualifications, the City Council can consider a wide variety of other factors that may affect a potential appointee’s suitability to serve in office, including experience, background, etc.
When filling a vacancy by appointment, there are three common approaches that are used by many public agencies: (i) applications by interested persons; ii) the candidate with the next highest number of votes (next-highest vote getter); or iii) outright appointment (no application). (i) Application Method.
Under the “application” option, the City Council would establish an application period for appointee hopefuls to submit an official City application with the City Clerk, with the intention of making an appointment at a future Council meeting after consideration of the applications.
If Council wishes to fill the vacancy under this method, Staff request the Council provide direction such as:
• Notice: How notice is to be provided (publication in paper, posting, word of mouth, etc.). • Application content: Would the Council like to make any changes to the application? • Deadline for Submittals: When the applications should be submitted to the City Clerk? • Deadline for Distribution: When the applications should be provided to the Council (either prior to or concurrent with the Agenda for the meeting)? Note: If the City Council opts to fill the vacancy by appointment, the Brown Act requires any interviews conducted by the entire City Council to be held in open session.
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Attachment: Staff Report Options re Process to Fill Vacant Council Seat_031924 (Options re Process to Fill Vacant Council Member Seat) (ii) Next-Highest-Vote-Getter Method.
Under this option, the City Council would appoint the candidate who received the highest number of votes in the election among the candidates who were not elected. (iii) Outright Appointment (No Application) Method.
Under this option, the Council may make an appointment without going through an application process. The appointee is legally required to meet the age, residency, and voter registration requirements, and must be willing to be appointed. If the Council is inclined to pursue this option, it can direct staff to place an item on the agenda for appointment at a future meeting. (iv) Other.
The City Council could also select another method of appointment, different from those discussed above.
Filling Vacancy by Special Election
Alternatively, the City Council may call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days calculated after the call of the special election. The exact cost of holding a special election is not known at this time. However, they typically start out $15,000 or more depending on the number of voters and other factors (a recent Bakersfield special election to fill a ward seat cost over $100,000).
Due to the cost of holding a special election, most cities fill vacancies by appointment.
City staff also recommend using the appointment method in order to avoid such costs.
However, if the Council is unable to reach consensus on an appointment method or an appointee, staff recommends directing staff to make preparations to call a special election at a future Council meeting.
FISCAL IMPACT:
There is a minimal fiscal impact associated with appointment other than certain Staff time, etc. If directed, Staff can attempt to obtain a more detailed estimate from the County as to the cost of holding a special election.
ATTACHMENTS:
- Sample Application
- Resolution for Direct Appointment
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Attachment: Staff Report Options re Process to Fill Vacant Council Seat_031924 (Options re Process to Fill Vacant Council Member Seat)
APPLICATION FOR APPOINTMENT TO CITY COUNCIL
OF THE CITY OF ARVIN
(Separate page(s) may be attached if additional space is needed however, all sections and all questions on this application form must be completed.)
1. Full legal name: ______________________________
2. Address of legal residence or domicile within the City (attach two utility bills or similar documents as proof of residency):
3. Contact information:
Phone Email
4. Occupation/Employer:
5. Are you a resident of the City of Arvin?
6. How long have you lived in Arvin?
7. Are you a registered voter and over 18 years old?
8. Are you disqualified, or have you been disqualified, by the Constitution or laws of the state from holding a civil office?
9. Have you ever been convicted of a felony involving the giving, accepting, or offering of a bribe, embezzlement or theft of public funds, extortion, perjury, or conspiracy to commit any such crime, under California law or the law of another state, the United States, or another country? If so, have you been granted a pardon in accordance with law?
10. Why do you wish to serve as Mayor of the City of Arvin?
11. What would you bring in the way of perspective or experience to the City Council?
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Attachment: Staff Report Options re Process to Fill Vacant Council Seat_031924 (Options re Process to Fill Vacant Council Member Seat)
12. Describe your qualifications which will assist the City Council in evaluating your application:
13. Describe your involvement with the community in Arvin, including any community service:
14. Describe any prior governmental experience, including any ties to, or experience with, working with the City Council or City staff:
15. What is your vision for the City?
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Attachment: Staff Report Options re Process to Fill Vacant Council Seat_031924 (Options re Process to Fill Vacant Council Member Seat)
16. What do you perceive to be the primary issues facing the community now and over the next 2- 4 years? Do you have any ideas of how the community should approach solutions to these issues?
17. What do you believe is the responsibility of a Mayor to the general community? To developers or business? To the City Council?
18. Regular meetings of the City Council are on the 2nd and 4th Tuesdays of each month starting at 6:00 p.m. Will you be able to attend regular Council meetings if appointed?
19. Will you be willing to serve on the City Council including any Council subcommittees or appointments to boards and commissions?
20. Please state any other information you would like to provide:
Next Steps:
• Please submit your completed application to: Cecilia Vela, City Clerk, Arvin City Hall, 200 Campus Drive, Arvin, CA 93203 or by email to [email protected] • All applications must be received by the City Clerk by no later than 5:00 p.m. on Monday, __________, 2024. City Staff will then distribute the applications to the City Council. • The Council will be considering this matter at the regular meeting at 6:00 p.m. on Tuesday, __________________, 2024. Please attend the meeting in person and be prepared to participate if requested by the City Council. The agenda and contact information will be posted by no later than Friday evening on _______________, 2024, and can be found at
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Attachment: Staff Report Options re Process to Fill Vacant Council Seat_031924 (Options re Process to Fill Vacant Council Member Seat) https://www.arvin.org/AgendaCenter/. During the meeting the City Council may conduct any interviews, discuss, appoint, or continue the item to a subsequent meeting as may be appropriate.
Additional Information:
• If appointed, you will need to complete an FPPC conflict of interest form 700. • You may also be subject to a background check.
• If appointed, the City will provide orientation and opportunities for training including any training required by State law.
Acknowledgement:
I declare under the penalty of perjury that I am a registered voter with a legal residence or domicile within the City of Arvin. I also acknowledge and agree that the appointment to fill a vacancy on the City Council is a public process. As a result, this application may be used or released to the public subject to redaction of personal information by the City as appropriate. Further, I understand that as a potential candidate I may be subject to subsequent public interviews or discussion of the merits by the City Council during City Council meetings which are open to the public. Finally, I confirm that I will be able to attend and participate, including attendance of regular Council meetings, if appointed as Mayor.
Print Name:
Signature:
Date:
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Attachment: Staff Report Options re Process to Fill Vacant Council Seat_031924 (Options re Process to Fill Vacant Council Member Seat) RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF THE CITY
COUNCIL FOR THE REMAINDER OF AN UNEXPIRED TERM
WHEREAS, Mayor Trujillo was elected to office on November 03, 2024; and WHEREAS, Mayor Trujillo passed away on March 03, 2024, thereby creating a vacancy on the City Council; and
WHEREAS, pursuant to Government Code Section 36512(b), on __________________, Council directly appointed _________________________ to fill the vacant Mayor seat; and WHEREAS, this direct appointment created a new vacancy on the City Council because direct appointee ___________________ was a current Council Member elected to office on ________________________. There is less than one year remaining in this term of office as Council Member; and
WHEREAS, pursuant to Government Code Section 36512(b), this new vacancy must be filled within 60 days from the commencement of the vacancy, either by appointment or the call for a special election; and
WHEREAS, the person appointed or elected would fill the vacant seat for the remainder of the term of that seat, and that seat would then be up for election in November ___________; and
WHEREAS, the City of Arvin has not enacted an ordinance as contemplated by Government Code Section 36512(c), which states that a city may enact an ordinance that requires that a special election be called immediately or provides that a person appointed to the vacant seat only hold the office until the date of the special election; and WHEREAS, an appointment would not result in a majority of the members serving on the Council having been appointed; and
WHEREAS, the person being appointed meets all of the following qualifications:
• A registered voter of the City (including age requirements). • A legal residence or domicile within the City.
• Willingness to be appointed; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution and appointment have occurred.
NOW, THEREFORE, the City Council of the City of Arvin resolves as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated herein as if set forth in full.
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Attachment: Staff Report Options re Process to Fill Vacant Council Seat_031924 (Options re Process to Fill Vacant Council Member Seat) SECTION 2. Pursuant to Government Code Section 36512, _________________ is hereby appointed to the office of Council Member that was vacated by the appointment of incumbent Council Member ______________________ to the office of Mayor and shall serve for the unexpired term of that office. ____________________ shall be deemed to have taken that office immediately upon being sworn in and shall serve exactly as if elected at a municipal election for the office of Council Member.
SECTION 3. The City Clerk shall notify the Kern County Registrar of Voters of the City Council’s action.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.
SECTION 5. This resolution is effective immediately.
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 ___ day of March 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
[NAME], Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
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Attachment: Staff Report Options re Process to Fill Vacant Council Seat_031924 (Options re Process to Fill Vacant Council Member Seat)