As shown in Table 16, 54.5 percent of Arvin’s population aged 16 and over were employed in 2020, with no residents employed in the armed forces. In Kern County, 51.2 percent of the working age population were employed in the civilian sector and one-half percentage point were in the armed forces. The unemployment rate within the civilian labor force was higher in Arvin than within the County, 9.3 percent, and 7.7 percent, respectively. In total, Arvin had a higher work force participation rate than Kern County;
36.2 percent of the working age population of Arvin was not in the labor force compared to the countywide rate of 40.6 percent.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 46
Table 16:
Industry in which the Civilian Employed Population 16 Years and Over is Employed 2010 Percent 2015 Percent 2020 Percent
Total: 6,457 100.0% 7,689 100.0% 7,511 100.0%
Agriculture, Forestry, Fishing and Hunting,
and Mining 3,027 46.9% 4,210 54.8% 3,565 47.5%
Construction 451 7.0% 310 4.0% 393 5.2%
Manufacturing 184 2.8% 251 3.3% 363 4.8%
Wholesale Trade 205 3.2% 287 3.7% 262 3.5%
Retail Trade 591 9.2% 519 6.7% 726 9.7%
Transportation and Warehousing, And
Utilities 417 6.5% 212 2.8% 459 6.1%
Information 36 0.6% 15 0.2% 7 0.1%
Finance and Insurance, And Real Estate,
and Rental and Leasing 71 1.1% 77 1.0% 26 0.3%
Professional, Scientific, And Management,
and Administrative, And Waste Management
Services 148 2.3% 287 3.7% 195 2.6%
Educational Services, And Health Care and
Social Assistance 912 14.1% 825 10.7% 924 12.3%
Arts, Entertainment, And Recreation, And
Accommodation and Food Services 241 3.7% 417 5.4% 155 2.1% Other Services, Except Public
Administration 117 1.8% 147 1.9% 309 4.1%
Public Administration 57 0.9% 132 1.7% 127 1.7%
Source: U.S. Census Bureau, ACS16-20 (5-year Estimates), Table C24050.
Agriculture plays a major role in the lives of Arvin’s residents. Classified in terms of industry, 3,565 individuals were employed in agriculture, forestry, fishing and hunting, and mining positions, representing 47.5 percent of the total civilian employed population ages 16 and older of 7,511. In comparison, the Kern County average for these economic sectors was 14.7 percent. Table 17 shows the occupational distribution of the residents of Arvin in 2020. Almost half (47.7%) of the employed individuals were occupied in the Natural Resources, Construction, and Maintenance Sector, compared to less than twenty percent for Kern County as a whole. At the same time, the proportions of Arvin workers in the Management, Business, Science, and Arts categories were less than a third of the Countywide average.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 47
Table 17:
Employment by Occupation
Percent Percent Percent
City of
Arvin
City of
Arvin
Kern
County
Kern
County
California California
Total: 7,511 346,787 18,646,894
Management, Business, Science, And
Arts Occupations: 723 9.6% 97,672 28.2% 7,517,770 40.3% Service Occupations: 794 10.6% 65,082 18.8% 3,376,613 18.1% Sales And Office Occupations: 762 10.1% 66,376 19.1% 3,903,884 20.9% Natural Resources, Construction, And
Maintenance Occupations: 3,762 50.1% 67,998 19.6% 1,638,447 8.8% Production, Transportation, And
Material Moving Occupations: 1,470 19.6% 49,659 14.3% 2,210,180 11.9% Source: U.S. Census Bureau, ACS16-20 (5-year Estimates), Table 24050.
Greater than 50% of total employment for City of Arvin residents are in Natural Resources, Construction and Maintenance compared to 19.6% in Kern County and 8.8% in California. Only 9.6% of employment is in Management, Business, Science and Arts compared to 28.2% in Kern County and 40.3% in the State.
Figure 4 shows census tracts 6303 and 6304 qualify for Low Income Housing Tax Credit (LIHTC), which is a tax incentive intended to increase the availability of low-income housing. Section 42 provides an income tax credit to owners of newly constructed or substantially rehabilitated low-income rental housing projects.
Table 18 (Table 43 of Housing Element) depicts overpayment conditions among Arvin households in 2018, detailed by tenure and income level. Out of the estimated 4,865 households, 2170 households (44.6%) were overpaying for housing at a cost burden over 30 percent, while 950 households (19.5 percent) had cost burdens greater than 50 percent MFI (Median Family Income). Median family income is calculated based on the income of the householder and all other individuals 15 years old and over in the household who are related. A household could just have the householder, while a family household will have more than one person (the householder and all other individuals 15 years old and over in the household who are related). Figure 19 shows the housing burden percentile in Arvin.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 48
Table 18
ARVIN HOUSEHOLDS OVERPAYING FOR HOUSING BY INCOME LEVEL - 2018 Household Income
Owner Renter Total
Number % Number % Number %
Less than 30% MFI 170 725 895
Cost Burden >30% 150 88.2% 610 84.1% 760 84.9%
Cost Burden >50% 130 76.5% 435 60.0% 565 63.1%
30-50% MFI 440 835 1275
Cost Burden >30% 325 73.9% 555 66.5% 790 62.0%
Cost Burden >50% 155 35.2% 185 22.2% 340 27.0%
50-80% MFI 805 605 1410
Cost Burden >30% 355 44.0% 230 38.0% 585 41.5%
Cost Burden >50% 30 3.7% 15 2.5% 45 3.2%
80-100% MFI 270 110 380
Cost Burden >30% 35 13.0% 0 0.0% 35 9.2%
Cost Burden >50% 0 0.0% 0 0.0% 0 0.0%
More than 100% MFI 695 210 905
Cost Burden >30% 10 1.4% 0 0.0% 10 1.1%
Cost Burden >50% 0 0.0% 0 0.0% 0 0.0%
Total 2380 2485 4865
Cost Burden >30% 875 36.8% 1395 56.1% 2170 44.6%
Cost Burden >50% 315 13.2% 635 25.6% 950 19.5%
Source: HUDuser website, CHAS Data Query Tool (2015-2019).
Educational Opportunity
TCAC’s education score is based on math proficiency, reading proficiency, high school graduation rates, and the student poverty rate. As shown in Table 15 earlier, the overall education opportunity scores in Arvin range from 0.196 to 0.393. City of Arvin has similar scores to the surrounding region, except for the area outside of the city to the southeast. Figure 21 shows the Education Percentile scoresfor Arvin which are between 70 and 90 percentiles.
The Arvin Union School District enrolls 2993 students (2021-22 Ed Data Education Data Partnership) from kindergarten through 8th grade (Bear Mountain Elementary school, 1501 Hood Street, Arvin; Sierra Vista Elementary School, 300 Franklin St, Arvin; Haven Drive Middle School, 341 Haven Drive, Arvin; El Camo). The Kern High School District enrolls students from 9th through 12th grade (Kern Workforce Academy with a 10th grade to 12th grade enrolment of 412 students (2021-22) and Arvin High School, 900 Varsity Road, Arvin with an enrolment of 2893 students (2021-22).
The Kern County Office of Education has an enrolment of 5,490 students (census day) and cumulative enrolment of 7,543 students with an Ethnic Diversity Index of 26. Fluent English Proficiency is 19.96%, Free/Reduced Meals uptake is 73.3%. Chronic absenteeism is reported at 35.3%, Suspension rate of 4.7% and
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 49
Staff to Student Ratio is not available. The overall CAASPP-Math Standard performance is 17.69% and CAASPPELA Standard performance of 32.03%. The Total General Fund Revenue in the school district is $247 million with expenditure reported at $231 million. Regarding college readiness, Cohort Graduates is 94.1% and Cohort Graduates by Socio-Economic Disadvantage is 95.1%. Table 19 summarizes overall Student Performance by ethnicity:
Table 19
Kern County Office of Education Student Performance by Ethnicity 2021-22 Ethnicity Enrolment
(%)
Math
Standard
(%)
ELA
Standard
(%)
CAASP
Science
(%)
Cohort
Graduates
(%)
Cohort
Dropouts
(%)
Asian 1.1 40 40
Black or
African
American
2.7 1.92 7.69
Hispanic
or Latino
75.1 9.87 23.58 97.6 52.7
Two or
More
Races
1.3 27.91 40.91
White 17.5 24.53 40.91 80 59.6
Overall 32.03 17.69
District 34 22 6.35
California 47 33 29.47
Source: Ed Data Education Data Partnership – Fiscal, Demographic and Performance Data on California’s K-12 Schools, Date Accessed 28 May 2023 The ethnic/racial make-up was: 75.1% Hispanic, 1.1% Asian, 17.5% White, 2.7% African American, 0.4% Native American, 1% Filipino, and 1.3% two or more races.
Arvin Union contains 4 schools and 3,024 students. The district’s minority enrolment is 100%. Also, 94.5% of students are economically disadvantaged.
(Source: https://www.usnews.com/education/k12/california/districts/arvin-union-114749 ).
Students in the City generally have access to only lower-scoring schools. In Arvin Union School District (AUSD), 96 percent of AUSD’s student population is of Hispanic/Latino decent. Sixty-six percent of its student population is English Learners, with Spanish being the primary language of 97 percent of these students. Nine percent of AUSD’s student population receives special education services, primarily to assist with speech or language impairments and specific learning disabilities. (Source: City of Arvin Economic Development Strategy, 2016).
Grow Academy Arvin is a K-8 charter school that embraces a unique blended learning environment for education with a mission to close the achievement gap for students in the rural areas of Kern County by creating an environment for student excellence and wellbeing. The curriculum is tailored to reflect individual student achievement and involvement. The enrolment was 762 students in 2021-22 school year (www.gaarvin.org). 40.55% of students are English Learner, 33.6% of students are socio-economically disadvantaged, 10.10% of students have a disability and 95.14% of students are Hispanic/Latino. 48.8% of students are female, 4.59% of students are migrants. 2.76% of students are White and 1.18% of students are Black or African American. School achieved an ELA standard of 35% and Math standard of 20%.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 50
Kern Community College District
The Kern Community College District (KCCD) was established in 1968 and is comprised of three community colleges (Bakersfield College, Cerro Coso Community College, and Porterville College) and three satellite campuses in Bishop, Delano, Edwards AFB, Lake Isabella and Mammoth Lakes. It serves more than 30,000 students and the City of Arvin lies within KCCD catchment area. Bakersfield College is 22 miles from the City of Arvin and is the nearest of the KCCD community colleges or satellite campuses. Many AHS students enroll in the over 100 associate degrees and certificate programs and short-term career training programs offered by Bakersfield College.
California State University, Bakersfield
Twenty-five miles from the City of Arvin, California State University, Bakersfield (CSUB) is the nearest 4-year university. Established in 1965, CSUB serves an estimated 10,500 students (estimated 8800 undergraduate students). Many AHS students enroll at CSUB to take advantage of the university’s 57 undergraduate programs across four schools – Arts and Humanities; Business and Public Administration; Natural Sciences, Mathematics and Engineering; and Social Sciences and Education. 64% of students are Hispanic/Latino, 14% are White, 7% are Asian, 4% are Black, 4% are International and 2% are Two or More Races. 61% of students are Pell grant recipients. 66% of students are Female, 41% of students come from households with an annual income of less than $30,000, and 68% of students are from households of less than $48,000 in annual income.
17.6% of the county population age 25 years or over has a Bachelor’s or higher-level degree compared 35.3% statewide. 75.95% of the county population age 25 years is a High School graduate compared to 84.2 % statewide. (Source: census data estimate 2022).
Environmental Opportunity
Environmental health scores are determined by the Fair Housing Task Force based on CalEnviroScreen 4.0 pollution indicators and values. CalEnviroScreen analyzes data on environmental, public health and socioeconomic conditions in California’s 8,000 census tracts to provide a clear picture of cumulative pollution burdens and vulnerabilities in communities throughout the state. The California Office of Environmental Health Hazard Assessment (OEHHA) compiles these scores to help identify California communities disproportionately burdened by multiple sources of pollution. In addition to environmental factors (pollutant exposure, groundwater threats, toxic sites, and hazardous materials exposure) and sensitive receptors (seniors, children, persons with asthma, and low birth weight infants), CalEnviroScreen also takes into consideration socioeconomic factors. These factors include educational attainment, linguistic isolation, poverty, and unemployment. The tool has helped CalEPA and other local, state and federal agencies ensure their activities address these pollution burdens and protect those communities from additional ones. CalEPA uses CalEnviroScreen to prioritize enforcement and outreach in vulnerable communities.
As shown in Table 15 earlier, the overall environmental scores in Arvin range from 0.087 to 0.252 making it a vulnerable or disadvantaged community, as the entire community has a relatively low environmental score.
CalEnviroScreen 4 percentiles in City of Arvin range from 73 to 87, with high exposures to ozone pollution, pesticides, and poor drinking water quality. Census tract ending in 6304 has exposures to lead from housing
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 51
and to hazardous waste. The community also has a high cardiovascular disease burden along with challenging socioeconomic factors such as low-income households, education, linguistic isolation, poverty, and unemployment. Most of these factors are interrelated, for example impoverished populations are likely to experience adverse health outcomes, a high degree of linguistic isolation among members of the community, which in turn impacts access to health information and public services and effective engagement with the regulatory processes. Figure 18 shows Arvin is also a SB535 Disadvantaged Community.
A review of predominant racial populations, neighborhood diversity, household types, median income, persons with a disability, and seniors does not indicate that these areas correspond with any concentration of these protected classes in areas with lower environmental scores versus higher scores. As shown in Figures 22 and 23, most of Alvin city have high cumulative impacts and high pollution burden percentiles across the census tracts. Comparing the City’s environmental scores to the distribution of protected classes, there are no discernible patterns of concentration of protected classes in the City’s areas with less positive environmental outcomes.
A disadvantaged community or environmental justice community (“EJ Community”) is identified by the California Environmental Protection Agency (“CalEPA”) as “areas that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation,” and may or may not have a concentration of low-income households, high unemployment rates, low homeownership rates, overpayment for housing, or other indicators of disproportionate housing need. In February 2021, the California Office for Environmental Health Hazard Assessment (COEHHA) released the fourth version of CalEnviroScreen, a tool that uses environmental, health, and socioeconomic indicators to map and compare community’s environmental scores. In the CalEnviroScreen tool, communities that have a cumulative score in the 75th percentile or above (25 percent highest score census tracts) are those that have been designated disadvantaged communities under SB 535. Communities that are identified as an EJ Community based on their cumulative pollution exposure score are targeted for investment through the State cap-and-trade program. However, the condition of these communities poses fair housing concerns due to disproportionate exposure to unhealthy living conditions. As shown in CalEPA’s Disadvantaged Communities Map 2022 (Figure 18), City of Arvin is an EJ Community. The exception is census tract ending 6303.
City of Arvin is an area disproportionately burdened by and vulnerable to multiple sources of environmental pollution. Its air quality, for example, places it among communities in California that consistently exceed the State’s 8-hour ozone concentration levels of 0.070 parts per million. The condition of drinking water in the City of Arvin places it among the communities in California that have concentrations of multiple contaminants in their drinking water supplies.
Environment and social justice seek to remedy a history of unfair treatment of communities, predominantly communities of low-income residents and people of color. It is recognized that these communities experience disproportionate impacts from one or more environmental hazards, socio-economic burdens, or both. It is also recognized that these residents have been excluded from policy setting and decision-making processes and were not afforded the benefits that other communities received.
Kern Council of Governments’ Regional Transportation Plan 2022 includes the Sustainable Community Strategy designed to help reduce emissions from passenger vehicle travel. The Kern Climate Change Task Force
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 52
was formed in 2009 to assist Kern COG and its member agencies to meet the goals and objectives of Senate Bill No. 375 (SB 375) that was introduced as a result of AB 32, California climate change legislation. The City takes a multitude of actions to improve the environment and address sustainability. One of the key goals in City of Arvin’s Strategic Plan is to ‘Enhance the quality of life providing educational and recreational opportunities, and by being good environmental stewards’. Through this goal, the City commits to establishing a focus on environmental sustainability and have committed to the following actions:
a. Engage/partner with San Joaquin Valley Air Pollution Control District (SJVAPCD) b. Develop and adopt a Climate Action Plan
c. Implement Climate Action Plan
d. Develop an Air Quality Improvement Plan for Arvin
Transportation
Availability of efficient, affordable transportation can be used to measure fair housing and access to opportunities. The City of Arvin Transportation Department provides transportation for residents and visitors.
The City is served by Four Arvin Transit routes – Arvin Local, Arvin to Lamont, Arvin to Tejon and Arvin to Bakersfield. The Arvin local route runs every 30 minutes. The service is free for Americans with Disabilities (ADA) Attendant and Children under 5 (travelling with fare paying adult). ADA certified passenger and Seniors (60 and above) are charged $0.75, and General Public is charged $1. There are 6 round trips a day between Arvin and Lamont, 2 round trips a day between Arvin and Tejon Industrial Complex, and 2 round trips a day between Arvin and Bakersfield.
The city is also undertaking a Clean Mobility Program whereby the community transportation needs are being assessed including barriers to mobility and community preferences on public transit. Arvin transit is conducting a community survey which is available in English and Spanish. This program will enable the City of Arvin to keep pace with City’s future transportation needs, better understand customer preferences and studying possible new bus routes as riders' needs expand. Their modern fleet is equipped with lifts and bike racks and provides comfortable transport for people with disabilities, the elderly, parents with prams etc. The fleet also includes no emissions buses. Most buses are low-floor design and use a ramp to provide access to passengers using wheelchairs.
The Dial-A-Ride Program (transit on demand) is a service that picks up seniors (age 60 and older) and Americans with Disabilities (ADA) through a reservation-based service. It’s offered on weekdays from 8am to 3.30pm, and a trip can be scheduled by calling Arvin Transit at 661-854-3139. The pick-ups and drop-offs are from/to locations requested by the patrons.
All Transit is a data tool that measures access to transit, connectivity, and service availability. The tool analyzes the transit frequency, routes, and access to determine an overall transit score at the city, county, and regional levels. According to All Transit, the City of Arvin has a transit performance score of 0.7, with an average household having access to 25 trips per week within 0.5 mile. Nearby cities of Lamont and Bakersfield have transit performance scores of 2.4 and 4.4 respectively.
The low score transit score in Arvin is attributed to ‘very low combination of trips per week and number of jobs
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 53
accessible enabling negligible number of people to take transit to work’. There is no discernible connection between access to transit and location and areas with any predominant population by race or ethnicity or with concentrations of seniors and female-headed households with children.
Findings
Overall, it appears that residents of Arvin have low levels of access to opportunities– Low Resource, High Segregation and Poverty. One block has access to Medium Resource. The economic, educational and environmental opportunity scores are generally low across all census tracts in the City, and they vary across census tracts. Greater than 50% of total employment for City of Arvin residents are in Natural Resources, Construction and Maintenance compared to 19.6% in Kern County and 8.8% in California. Only 9.6% of employment is in Management, Business, Science and Arts compared to 28.2% in Kern County and 40.3% in the State.
Although the predominant racial and ethnic group concentration is similar throughout the city, as shown in Figure 7, census block groups with lower economic scores are also census block groups with a lower median household income. The concentration of low economic opportunity census tracts also shows strong correlations with female headed households. Census tracts 6303 and 6304 qualify for Low Income Housing Tax Credit (LIHTC), which is a tax incentive intended to increase the availability of low income housing. 44.6% of households are overpaying for housing at a cost burden over 30 percent, while 19.5% of the households have cost burdens greater than 50 percent MFI (Median Family Income).
The city is generally served by lower performing schools and has less access to educational opportunity.
City of Arvin is also an area disproportionately burdened by and vulnerable to multiple sources of environmental pollution. Sites to accommodate the City’s 6th Cycle RHNA, including its lower-income units, are distributed primarily in low resource areas. f. DISPROPORTIONATE HOUSING NEEDS AND DISPLACEMENT
US Census defines an overcrowded unit as one occupied by 1.01 persons or more per room (excluding bathrooms and kitchens). Units with more than 1.5 persons per room are considered severely overcrowded. Overcrowding can take a variety of forms. Many overcrowded households may include three generations or extended families. More than two families may share the same units, or a family may be renting living space to non-family members. Overcrowding results directly from lack of affordability, as large households find that they are unable to afford units of sufficient size to meet their needs and are forced to economize beyond modern acceptable standards.
Table 20 (Table 44 of Housing Element) shows that in 2020, 1218 households in Arvin were living in overcrowded and severely overcrowded conditions. These households represented 26.4 percent of the total 4711 households in the city. Table 21 (Table 45 of Housing Element) shows that renters comprised
35.9 percent of the overcrowded and severely overcrowded households within the city’s total occupied housing stock. With the high percentage of overcrowding and severe overcrowding and the high number of households in low and extremely low-income household, there is a need to provide assistance in to develop programs to address affordability and overcrowding.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 54
A household is considered cost burdened if the household pays more than 30% of its total gross income for housing costs. For renters, housing costs include rent paid by the tenant plus utilities. For homeowners, housing costs include mortgage payment, taxes, insurance, and utilities. 44.6% of households are overpaying for housing at a cost burden over 30 percent, while 19.5% of the households have cost burdens greater than 50 percent MFI (Median Family Income).
Table 20
OVERCROWDED HOUSEHOLDS IN ARVIN - 2020
City of Arvin
City of
Arvin
Kern
County
Kern
County
California California
Total 4,711 273,556 13,103,114
0.50 or Less 1,025 21.8% 146,558 53.6% 7,507,254 57.3%
0.51 to 1.00 2,410 51.2% 101,834 37.2% 4,520,122 34.5%
1.01 to 1.50 971 20.6% 17,723 6.5% 680,753 5.2%
1.51 to 2.00 247 5.2% 5,432 2.0% 287,225 2.2%
2.01 or More 58 1.2% 2,009 0.7% 107,760 0.8%
Source: U.S. Census Bureau, ACS 16-20 (5-year Estimates), Table B25014 Table 21
Overcrowded Households in Arvin by Tenure – 2010-2020
2010 2010 2015 2015 2020 2020
Total 3,991 4,533 4,711
Owner Occupied 2,069 51.8% 2,085 46.0% 2,370 50.3%
Owner - 0.50 or Less 566 27.4% 513 24.6% 661 27.9%
Owner - 0.51 to 1.00 1,207 58.3% 1,259 60.4% 1,273 53.7% Owner - 1.01 to 1.50 261 12.6% 260 12.5% 346 14.6%
Owner - 1.51 to 2.00 35 1.7% 47 2.3% 51 2.2%
Owner - 2.01 or
More 0 0.0% 6 0.3% 39 1.6%
Renter Occupied 1,922 48.2% 2,448 54.0% 2,341 49.7%
Renter - 0.50 or Less 394 19.0% 412 16.8% 364 15.5%
Renter - 0.51 to 1.00 732 35.4% 1,286 52.5% 1,137 48.6% Renter - 1.01 to 1.50 651 31.5% 632 25.8% 625 26.7%
Renter - 1.51 to 2.00 103 5.0% 118 4.8% 196 8.4%
Renter - 2.01 or
More 42 2.0% 0 0.0% 19 0.8%
Source: U.S. Census Bureau, ACS 06-10, 11-15, 16-20 (5-year Estimates), Table B25014 To address displacement risks due to low income, overcrowding and overpayment, the city will implement a range of programs including access to information, clean up/fix up campaigns, and support to lower income residents with affordable home ownership and rental opportunities (Programs 1, 2,3,6,7,8, 9, 15, 17, 19, 22 and 24).
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 55
Future Growth Needs
The City’s future growth need is based on the RHNA, which allocates production of 17 extremely-low, 107 very-low, 79 low-income, and 971 moderate and above moderate units to the City for the 2023- 2031 planning period. The Housing Element shows the City’s ability to meet its 2023-2031 RHNA need at all income levels and demonstrates the City’s ability to accommodate the anticipated future affordable housing needs of the community. Figure 15 shows that vacant lots for future growth are located mostly to the South-west and North of the City. Land occupied by deteriorated and/or dilapidated buildings in the South of Haven Drive and North of Hood Street has the potential to create a healthy, viable mix of housing for low-income groups and household sizes. It can involve the construction of new dwelling units in addition to those that are replaced, since parcels with blighted structures, for a variety of reasons, frequently have not been developed to their maximum potential density. Recycling, then, can have the dual benefit of both augmenting the city’s housing supply and improving the quality of dwelling units and neighborhoods. .
Existing Needs
The City continues to review its zoning ordinances and actively liaises with affordable housing developers to help facilitate the development of housing for lower-income households. Arvin experienced approximately 49 percent population growth between 2000 and 2010 and about 0.99 percent population growth since then. The number of housing units increased 42% between 2000 and 2010 and 11.5% between 2010 and 2020. As shown in Table 5, more than 60 percent of the households in Arvin have 4 or more people living in it. 29.6% of households in Arvin are experiencing poverty. 49.7% of households in Arvin are renter occupied. Table 22 (Table 29 of Housing Element) identifies 18 privately owned camps, 12 of which are year-round camps and six of which are seasonal to provide housing for 474 farm workers. Table 23 (Table 30 of Housing Element) shows there are 10 (ten) publicly owned year-round farmworker housing developments with 729 units and two publicly owned seasonal housing developments with 172 units. Arvin has 114 rent-restricted assisted multifamily units across 3 facilities owned by The Housing Authority of the County of Kern (HACK).
The City has 60 units for -seniors and the disabled and an additional 12 units for low-income families under HACK. The City also has 4 units constructed by Habitat for Humanity.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 56
FIGURE 15: VACANT RESIDENTIAL LOTS
Table 22
PRIVATELY OWNED FARM WORKER HOUSING KERN COUNTY
Name Number of Farm
Workers
Months of
Occupation/Year
Bonanza Farms 16 12
Wheeler Highway 99 9 12
Wheeler Adobe 7 12
Paramount 27 5 12
Paramount Belridge 28 12
Opal Frye 15 12
Westfarmers 8 12
Cauzza 7 12
Jimmie Icardo 7 12
Spring Farms 6 12
Belridge Drilling 8 12
San Emigdio 5 12
GVC 37 72 7-10
GVC 23B 120 7-10
GVC 10A 11 7-10
GVC 10B 90 7-10
Kovacevich Clark 15 6-8
Kovacevich Hildebrand 45 6-8
Total 474
Source: Kern County Regional Housing Allocation Plan, May 2001 Source: Arvin Draft Housing Element 2023
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 57
Table 22
PRIVATELY OWNED FARM WORKER HOUSING KERN COUNTY
Name Number of Farm
Workers
Months of
Occupation/Year
Bonanza Farms 16 12
Wheeler Highway 99 9 12
Wheeler Adobe 7 12
Paramount 27 5 12
Paramount Belridge 28 12
Opal Frye 15 12
Westfarmers 8 12
Cauzza 7 12
Jimmie Icardo 7 12
Spring Farms 6 12
Belridge Drilling 8 12
San Emigdio 5 12
GVC 37 72 7-10
GVC 23B 120 7-10
GVC 10A 11 7-10
GVC 10B 90 7-10
Kovacevich Clark 15 6-8
Kovacevich Hildebrand 45 6-8
Total 474
Source: Kern County Regional Housing Allocation Plan, May 2001
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 58
Table 23
PUBLICLY OWNED FARM WORKER HOUSING KERN COUNTY
Name Location Number of Units
Year-Round Housing
Almond Village Lost Hills 81
Sun Garden Village Arvin 48
International Village Delano 50
Shafter Shafter 99
Beckes Street Apartments Wasco 57
Lamont H.R. Olson Homes Lamont 50
Ruben J. Blunt Village Lamont/Weedpatch 50
Casa del Valle Delano 35
Greenfield Homes Bakersfield 35
Rosaleda Wasco 224
Migrant Seasonal Housing
North Shafter Farm Labor Center #5 Shafter 84
Arvin Farm Labor Center #26 Lamont/Weedpatch 88
Source: https://kernha.org/farm-worker-housing-locations/ Cost Burden
A household is considered cost burdened if the household pays more than 30% of its total gross income for housing costs. Forrenters, housing costsinclude rent paid by the tenant plus utilities. For homeowners, housing costsinclude mortgage payment,taxes, insurance, and utilities. As discussed in the Background, as with most communities, the location of the home is one of the biggest factors regarding price.
Of an estimated total of 4865 households, 2900 households (59.6%) had housing problems. Based on tenure, 71.8 percent of renter households experienced housing problems, compared to 46.8 percent of owner households as shown in Table 24 (Table 42 of Housing Element). Among the extremely low-income households, 84.1 percent of the renter households experienced housing problems, compared to 94.1 percent of the owner households. As shown in Table 25 (Table 43 of Housing Element), out of the estimated 4,865 households, 2170 households (44.6%) were overpaying for housing at a cost burden over 30 percent, while 950 households (19.5 percent) had cost burdens greater than 50 percent MFI (Median Family Income). The ratio of overpaying households by tenure was approximately 36.8 percent owners to 51.6 percent renters. The
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 59
extremely low income (less than 30% MFI) and low income (30 - 50% MFI) households pay the highest overpayments among all households by tenure and income levels.
The median sales price for a single-family home in Arvin was $176,400 in 2020, which requires an annual household income of over $43,000 and an average down payment of over $35,000.
Table 24
ARVIN HOUSEHOLDS WITH HOUSING PROBLEMS - 2019
Tenure
Extremely
Low
<30% of MIF
Very Low
30-50% of
MIF
Low
50-80% of
MIF
Moderate
80-100% of
MIF
Above
Moderate
>100% of MIF Total
Owner Households 170 440 805 270 695 2380
w/ Hsg. Problem 160 325 415 130 80 1115
Percent 94.1% 73.9% 40.4% 48.1% 11.5% 46.8%
Renter Households 725 835 605 110 210 2485
w/ Hsg. Problem 610 670 375 70 65 1785
Percent 84.1% 80.2% 62.0% 63.6% 31.0% 71.8%
Total Households 895 1275 1410 380 905 4865
w/ Hsg. Problem 770 995 790 200 145 2900
Percent 86.0% 78.0% 56.0% 52.6% 16.0% 59.6%
Source: HUDuser website, CHAS Data Query Tool (2015-2019).
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 60
Table 25
ARVIN HOUSEHOLDS OVERPAYING FOR HOUSING BY INCOME LEVEL - 2018 Household Income
Owner Renter Total
Number % Number % Number %
Less than 30% MFI 170 725 895
Cost Burden >30% 150 88.2% 610 84.1% 760 84.9%
Cost Burden >50% 130 76.5% 435 60.0% 565 63.1%
30-50% MFI 440 835 1275
Cost Burden >30% 325 73.9% 555 66.5% 790 62.0%
Cost Burden >50% 155 35.2% 185 22.2% 340 27.0%
50-80% MFI 805 605 1410
Cost Burden >30% 355 44.0% 230 38.0% 585 41.5%
Cost Burden >50% 30 3.7% 15 2.5% 45 3.2%
80-100% MFI 270 110 380
Cost Burden >30% 35 13.0% 0 0.0% 35 9.2%
Cost Burden >50% 0 0.0% 0 0.0% 0 0.0%
More than 100% MFI 695 210 905
Cost Burden >30% 10 1.4% 0 0.0% 10 1.1%
Cost Burden >50% 0 0.0% 0 0.0% 0 0.0%
Total 2380 2485 4865
Cost Burden >30% 875 36.8% 1395 56.1% 2170 44.6%
Cost Burden >50% 315 13.2% 635 25.6% 950 19.5%
Source: HUDuser website, CHAS Data Query Tool (2015-2019).
Overcrowding
The Census defines an overcrowded unit as one occupied by 1.01 persons or more per room (excluding bathrooms and kitchens). Units with more than 1.5 persons per room are considered severely overcrowded.
Table 5 shows that 15.5 percent of family households in Arvin had five or more persons, which by the State Department of Housing and Community Development (HCD) definition is considered “large households”. This is more than the countywide proportion of large households of 10 percent. Table 26 (Table 44 of Housing Element) shows that in 2020, 1218 households in Arvin were living in overcrowded and severely overcrowded conditions. These households represented 26.4 percent of the total 4711 households in the city. Table 27 (Table 45 of Housing Element) shows that renters comprised 35.9 percent of the overcrowded and severely overcrowded households within the city’s total occupied housing stock. With the high percentage of overcrowding and severe overcrowding and the high number of households in low and extremely low-income households, there is a significant need to provide assistance and to develop programs to address affordability and overcrowding.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 61
Table 26
OVERCROWDED HOUSEHOLDS IN ARVIN - 2020
City of Arvin
City of
Arvin
Kern
County
Kern
County
California California
Total 4,711 273,556 13,103,114
0.50 or Less 1,025 21.8% 146,558 53.6% 7,507,254 57.3%
0.51 to 1.00 2,410 51.2% 101,834 37.2% 4,520,122 34.5%
1.01 to 1.50 971 20.6% 17,723 6.5% 680,753 5.2%
1.51 to 2.00 247 5.2% 5,432 2.0% 287,225 2.2%
2.01 or More 58 1.2% 2,009 0.7% 107,760 0.8%
Source: U.S. Census Bureau, ACS 16-20 (5-year Estimates), Table B25014 Table 27
Overcrowded Households in Arvin by Tenure – 2010-2020
2010 2010 2015 2015 2020 2020
Total 3,991 4,533 4,711
Owner Occupied 2,069 51.8% 2,085 46.0% 2,370 50.3%
Owner - 0.50 or Less 566 27.4% 513 24.6% 661 27.9%
Owner - 0.51 to 1.00 1,207 58.3% 1,259 60.4% 1,273 53.7% Owner - 1.01 to 1.50 261 12.6% 260 12.5% 346 14.6%
Owner - 1.51 to 2.00 35 1.7% 47 2.3% 51 2.2%
Owner - 2.01 or
More 0 0.0% 6 0.3% 39 1.6%
Renter Occupied 1,922 48.2% 2,448 54.0% 2,341 49.7%
Renter - 0.50 or Less 394 19.0% 412 16.8% 364 15.5%
Renter - 0.51 to 1.00 732 35.4% 1,286 52.5% 1,137 48.6% Renter - 1.01 to 1.50 651 31.5% 632 25.8% 625 26.7%
Renter - 1.51 to 2.00 103 5.0% 118 4.8% 196 8.4%
Renter - 2.01 or
More 42 2.0% 0 0.0% 19 0.8%
Source: U.S. Census Bureau, ACS 06-10, 11-15, 16-20 (5-year Estimates), Table B25014 The Housing Element include several programs to address fair housing issues, especially Programs 1,2,4,6,7,8,9,10, 11, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, and 25. City of Arvin will develop and implement these programs and will review them to ensure the issue of overcrowding and housing affordability is addressed and will:
a. encourage more affordable housing development;
b. connect lower income residents with affordable homeownership and rental opportunities within the city; and
c. respond to the housing needs of female headed households and households with children.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 62
Substandard Housing
As discussed in the Housing Needs Assessment, the 2016-2020 ACS data indicates that 7.5% of the housing in the city is built before 1950 as outlined in Table 28 (Table 18 of Housing Element). 24.3% of the housing in the city is greater than 50 years old (i.e., built before 1970). Another 15.9% of units were built between 1970 and 1979. Building age is a significant factor in the deterioration and health and safety risks of structures. In general, homes built over 30 years ago are likely to require structural renovation and maintenance.
Table 28
Housing Units by Year Built
City of Arvin Percent
Kern
County
Percent California Percent
Total: 4,711 273,556 13,103,114
2014 Or Later 159 3.4% 8,679 3.4% 294,667 2.2%
2010 To 2013 199 4.2% 6,244 4.2% 234,646 1.8%
2000 To 2009 1,048 22.2% 50,348 22.2% 1,432,955 11.0%
1990 To 1999 899 19.1% 40,394 19.1% 1,448,367 11.1%
1980 To 1989 518 11.0% 45,689 11.0% 1,967,306 15.1%
1970 To 1979 748 15.9% 43,060 15.9% 2,290,081 17.5%
1960 To 1969 460 9.8% 27,662 9.8% 1,740,922 13.3%
1950 To 1959 352 7.5% 28,089 7.5% 1,767,353 13.5%
The CDBG survey undertaken in 2008 surveyed 3,400 residential parcels. Of these surveyed parcels, 2,158 parcels (63.5%) had housing that was in good condition, 195 parcels (16.8%) exhibit minor to moderate conditions and 308 parcels (9.1%) are in substantially deteriorated condition. There are also 360 (10.6%) vacant parcels.
In 2009, a housing conditions survey was conducted in Arvin and the results from the survey identified those parcels exhibiting conditions of physical blight, which indicated that they were candidates for recycling. Those blight parcels identified in the 2009 survey were revisited in 2015.
The updated results indicated that eight of those parcels in two areas of the city that were zoned for multi-family units (R-2 and R-3) continued to exhibit condition of blight. Many of the existing structures on these sites exhibited signs of deterioration and substandard construction and/or were in violation of existing building code standards (see 2023-2031 Arvin Housing Element for details).
The 2012 Housing Conditions Analysis conducted by Kern Council of Governments showed that housing conditions within the southern half of Arvin were noticeably better, with over three-fourths of residential units deemed standard conditions and the remainder deemed mostly in need of minor rehabilitation. The majority of the homes in the northwest portion of the city also had housing conditions that were standard or in need of minor rehabilitation. Housing condition issues were most prevalent in central and northeast parts of Arvin.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 63
To prevent displacement and improve the substandard housing, the city will continue to develop and implement the 24 programs as outlined in the Housing Element, including but not limited to Recycling and rehabilitation of substandard housing (Programs 2, 3, 6, 7, 9 of Housing Element), code enforcement (Program 5 of Housing Element). Further, the city will support and actively participate in the following regional programs:
a. California Housing Finance Authority (CalHFA) financing the purchase or the refinancing of a home in need of repair;
b. Habitat for Humanity building and rehabilitation programs of houses for families in need; and
c. Kern County Housing Authority Programs.
Homelessness
The 2022 Point in Time Count Report was released on April 27, 2022, and identified 1,603 unduplicated individuals in Kern County experiencing homelessness, as compared to 1,580 identified in the last in-person data collected in 2020. Countywide, 875 (55%) of individuals experiencing homelessness had shelter, as compared to 576 in 2020. While 728 (45%) were unsheltered, sleeping in parks, empty buildings, cars and other places not meant for human habitation, as compared to 1,004 in 2020 (Source: Bakersfield Kern Regional Homeless Collaborate).
In response to the needs of the homeless in Arvin and to comply with State law, the city adopted Ordinance No. 421 in July 2015, which amended the Zoning Ordinance to permit emergency shelters by-right in the M-2 zone. The ordinancesstates: Emergency Housing is intended for homeless persons, for a stay of up to six months in any given year. This type of housing will be permitted in the Light Industrial (M-2) zone, subject to certain development standards, including:
• The number of beds: It is recommended in the Housing Element that the maximum number of beds in an emergency housing facility be set at 20 beds. • Parking: It is recommended that a parking standard be established so that an emergency housing facility provides one on-site parking space per employee on the maximum shift, plus one space per six beds. This standard recognizes that many homeless people do not own a vehicle and provide for the following:
• An On-site Manager must be present at alltimes.
• On-site security must be provided at all times.
• Outdoor security lighting must be provided.
• Occupancy is limited to a maximum of six months during any one-year period. • Storage space for resident’s belongings shall be provided at a rate of 10 square feet per bed. • An operational plan must be provided for City review and approval. • The facility must be licensed by the State of California
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 64
Though the City of Arvin does not have any homeless programs, the County does provide aid for the homeless. Formed in 1999, the Kern County Homeless Collaborative was formed to combat the problem of homelessness. Under the Collaborative, eight committees contribute to alleviating homelessness. The committees include needs assessment, resource assessment, evaluation, service integration, sustainability and development, advocacy/public relations, rural issues, and continuum of care. The chairs of each committee meet as a steering committee to exchange information and set direction for the collaborative, while the collaborative meets quarterly.
Three types of facilities provide shelter for homeless individuals and families: emergency shelters, transitional housing, and permanent housing as shown in Table 29 (Table 33 of Housing Element).
Facilities for persons with special needs are shown in Table 30 (Table 34 of Housing Element).
Table 29
HOUSING AUTHORITY FACILITIES
Facilities Address Service Provided
Green Gardens 2300 South Union
Avenue, Bakersfield, CA
93307
104-unit single room occupancy facility
that houses formerly homeless persons
with disabilities referred to the site by the
Kern Behavioral Health and Recovery
Services.
Plymouth Rock 100 Plymoth Avenue
Bakersfield, CA 93308
Eight (8) units providing temporary housing
for homeless families returning from the
Bakersfield Homeless Center.
Haven Cottages 68 E. White Lane,
Bakersfield, CA 93307 24 one-bedroom affordable rental homes for homeless individuals with mental
illness.
Building Blocks
Transitional
Program
1807 Belle Terrace,
Bakersfield, CA 93307
12-unit Transitional Housing Program for
emancipated foster youth (ages 18-21) who
are homeless or at immediate risk of
becoming homeless.
Source: https://kernha.org/housing-for-homeless/
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 65
Table 30
FACILITIES FOR SPECIAL NEEDS
Facilities Address Service Provided
Bakersfield Homeless
Center
1600 E. Truxtun Avenue
Bakersfield, CA 93305
Healthcare, Counseling, Food, Shelter, Job
placement, emergency services, child care,
Home Assistance
Bakersfield Rescue Mission 724 E. 21st Street
Bakersfield, CA 93305
Case management and referrals to
community resources such as Human
Services, Mental Health, Disabled Services,
and Medical Services
Alliance Against Family
Violence and Sexual
Assault
1921 19th Street
Bakersfield, CA 93301
Shelter Service, Counseling, Education
Services, Meal Services, Substance Abuse
Counseling
Bethany Services’
Transitional Services
Center
1600 East Truxtun
Bakersfield, CA 93305
Rent, Utilities, Referrals, Food, & Shelter for
Women, Children & Families
Source: Kern County Housing Element
• Emergency Shelter – A facility that provides overnight shelter and fulfills a client’s basic needs (i.e. food, clothing, medical care) either on-site or through off-site services. The permitted length of stay can vary from one day at a time to three months. The major providers of emergency shelter in the County are the Bakersfield Homeless Center (110 beds for men, 9 beds for women, 27 beds for families and an additional 25 beds for men or women depending on the need.) and the Bakersfield Rescue Mission (space for approximately 40 women and children, and 80 men, and has capacity for 138 persons per meal, and serves two meals per day.)
• Transitional Housing – A residence that provides housing for up to two years. Residents of transitional housing usually include supportive services designed to assist the homeless in achieving greater economic independence and a permanent, stable living situation. Services may include mental and physical health care interventions, substance abuse treatment, job training and employment services, individual and group counseling and life skills training.
Currently, HACK operates the only transitional housing facility in Kern County. The program includes seven units in the unincorporated area near Bakersfield. Other services exist throughout the County to assist individuals and families with making the transition from emergency shelter to permanent housing. Bethany Services’ Transitional Services Center provides support services for residents of supportive housing and homeless persons not in supportive housing. Recreation Community Project, Inc. (RCPI) provides transitional housing and support services targeted toward adult men and women with dependent children in inner-city neighborhoods. Also, some substance abuse programs offer limited transitional
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 66
housing services in addition to treatment.
• Permanent Housing – Service enriched permanent housing that is linked with on-going supportive services (on-site or off-site) and designed to allow formerly homeless clients to live at the facility on an indefinite basis. Units operated by HACK, as well as the Section 8 program provide some housing. However, the large demand may prevent many residents from gaining access to permanent housing. Other facilities in the County are geared toward homeless populations with special needs. Living Connections, Inc. operates two board and care homes for persons with mental illness, as well as 21-unit and 25-unit apartment complexes.
The Housing Authority of the County of Kern provides quality housing with supportive services to homeless individuals and emancipated foster youth who are at immediate risk of becoming homeless, partnering with local community organizations to provide housing, rental assistance, and supportive services to qualifying individuals. The agency operates a number of residential sites as well as rental assistance programs specially designed to serve the needs of local residents who are homeless, mentally ill, or disabled.
The Shelter Plus Care (S+C) program provides rental assistance to homeless disabled individuals and families who receive ongoing supportive services and case management from community organizations to help them remain in housing and increase their income. The Bakersfield Homeless Center, Flood Bakersfield Ministries, Independent Living Center, Clinica Sierra Vista and the California Veteran Assistance Foundation refer homeless persons to the Housing Authority to receive the S+C assistance.
g. DISPLACEMENT RISK
As previously discussed, there are no affordable units currently at-risk of converting to market-rate during 2023 – 2031 through termination of a subsidy contract, mortgage prepayment, or expiring use restrictions. The city analyzed the 4 possible affordable housing projects identified by California Housing Partnership (CHP) that are at risk of conversion to market rate in Arvin within the next ten years. The city also has several units which are affordable to lower-income families and has also considered the risk of displacement specifically for protected classes, including persons with disabilities, female- headed households, seniors, and nonwhite residents. As described earlier in this Fair Housing Analysis, the city plans to accommodate its 2023-2031 RHNA allocation on parcels designated forsingle family, multifamily, and mixed-use development, with vacantsitesrepresenting most sites for new housing. Underdeveloped residential sites are also identified as helping to meet the City’s very low- income units and to provide additional opportunities for lower, moderate- and above-moderate income units. There is no significant displacement risk associated with the City’s current affordable housing stock as a result of new development.
The City recognizes that even though it has identified sufficient land to accommodate its RHNA allocation at all income levels, there is still the potential for economic displacement because of new development and investment. This “knock-on” effect can occur at any time, and it can be challenging for the city to predict market changes and development patterns which have the potential to impact
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023-2031 Housing Element | AFFHA 67
rental rates and sales prices for housing available in the marketplace. To date, the city has no evidence that new development (affordable or market-rate) has resulted in economic displacement.
Research has also shown that low-income renter populations (49.7% of households in Arvin are renter occupied) are disproportionately exposed to environmental hazards and that housing tenure is a telling determinant of social vulnerability to disasters. Renters bear the brunt of the existing affordable housing shortage, and their adaptive capacity to cope and recover from the impacts of environmental hazards may be reduced due to systemic inequities and limited resources.
Environmental hazards affecting residential development in the city primarily include geologic and seismic hazards, flooding and inundation hazards, and hazardous materials release. Development within flood hazard areas is subject to the Municipal Code and Federal Emergency Management Agency (FEMA) standards. Seismic-related issues are addressed in the Municipal Code, which implements the California Building Standards Code (CBSC). Various State and federal regulations control the use, storage, and transportation of hazardous materials.
Overall, the city recognizes the need to reduce economic displacement risks and have incorporated a range of initiatives in the 24 Housing Element Programs.
Findings
The most disproportionate housing needs in Arvin include increasing the variety of housing types at affordable prices (including housing for low income and female headed households) and rehabilitating the existing housing stock. 44.6% of the households are overpaying for housing at a cost burden over 30 percent, while 19.5 percent of the households having cost burdens greater than 50 percent MFI. 49.7% of households in Arvin are renter occupied.
The City looks to implement Programs 3,4,10,11,13,14,15,16,17 to address the need for multifamily projects, addressing loans for rehabilitation of existing multifamily units, rental assistance, development of extremely low-income housing, facilitate large parcels to encourage affordable multi-family housing, and reasonable accommodations in rules, policies, practices and services. The Housing Element proposes 24 programs addressing these issues. The City will also consider programs such as having 50% of units receiving rehabilitation assistance be rented to eligible very low and low -income households upon completion of the project. The City’s Municipal Code allows for residential care facilities, emergency shelters, transitional and supportive housing, single-room occupancy (SRO), and employee/farmworker housing as a permitted use under various zones. Ordinance No. 421 outlines procedures for requests for reasonable accommodation with respect to zoning, building code compliance or permit processing.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair City of Arvin, 2023
-2031 Housing Element | AFFHA-68
FIGURE 16: TCAC/HCD OPPORTUNITY AREA MAP FOR ARVIN
Sources: CTCAC/HCD Opportunity Area Maps 2022
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA City of Arvin, 2023
-2031 Housing Element | AFFHA-69
FIGURE17: PERCENT OF CHILDREN IN FEMALE HOUSEHOLDER
Sources: Kern Council of Governments Housing Needs Mapping Tool/ AFFH HCD 2.0
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA City of Arvin, 2023
-2031 Housing Element | AFFHA-70
FIGURE 18: SB 535 DISADVANTAGED COMMUNITIES
Sources: OEHHA California CalEnviroScreen 2022
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA City of Arvin, 2023
-2031 Housing Element | AFFHA-71
FIGURE 19: HOUSING BURDEN PERCENTILE
Sources: CalEnviroScreen 4 Indicator Maps
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA City of Arvin, 2023
-2031 Housing Element | AFFHA-72
FIGURE 20: UNEMPLOYMENT PERCENTILE
Sources: CalEnviroScreen 4 Indicator Maps
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA City of Arvin, 2023
-2031 Housing Element | AFFHA-73
FIGURE 21: EDUCATION PERCENTILE
Sources: CalEnviroScreen 4 Indicator Maps
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA City of Arvin, 2023
-2031 Housing Element | AFFHA-74
FIGURE 22: CUMULATIVE IMPACTS
Sources: CalEnviroScreen 4 Cumulative Impacts in California Communities by Census Tract
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA City of Arvin, 2023
-2031 Housing Element | AFFHA-75
FIGURE 23 POLLUTION BURDEN PERCENTILE
Sources: CalEnviroScreen 4
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-76
3. SITES INVENTORY
This section provides a review of available vacant and other sites in Arvin that would allow for and facilitate production of the city’s regional share of housing as required by State Law. This data is supplemented with local knowledge of existing conditions in the community to present a more accurate depiction of fair housing issues in Arvin. The following issues are addressed:
a. Future Housing Needs Including Segregation/Integration b. R/ECAPs and RCAAs
c. Access to Opportunity
d. Disproportionate Housing Needs
e. Sites Inventory Findings
To determine where the city has sufficient land to accommodate its share of regional housing needs for all income groups, the city must identify “adequate sites.” Under the State law (California Government Code section 65583[c][1], adequate sites are those with appropriate zoning in and development standards, with service and facilities, needed to facilitate and encourage the development of housing for all income levels.
Assembly Bill 686 (AB 686) has introduced a duty to affirmatively further fair housing into California state law. AB 686 requires that jurisdictions identify sites throughout the community in a manner that is consistent with its duty to affirmativelyfurther fair housing. The site identification includes not only an analysis of site capacity to accommodate the RHNA (provided inthis section), but also considers whether the identified sites serve the purpose of replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity. This section analyzes the role of all sites, regardless of income level, in assisting to affirmatively further fair housing and consider how the development of new affordable housing options can promote patterns of equality and inclusiveness.
The State Department of Housing and Community Development makes a periodic evaluation of statewide housing needs based on population trends, demographic changes, migration patterns, etc., and the Kern Council of Governments Regional Housing Needs Assessment (Kern COG RHNA) quantifies the housing needs for each jurisdiction between 2023 and 2031. The RHNA does not necessarily encourage or promote growth, but rather allows communities to anticipate growth. The RHNA produces information on number of households and housing units, households paying over 30 percent of income for housing, and projections of future needs. All RHNA estimates are broken down into five income categories, with the County median as a baseline, and according to owner and renter occupancy.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-77
a) FUTURE HOUSING NEEDS INCLUDING SEGREGATION/INTEGRATION Arvin’s future housing needs as projected in the Kern COG RHNA for the 2023-2031 planning period indicates a need for 1,174 units. As presented in Table 31 (Table 41 of Housing Element), the total housing needs include 17 units for extremely low-income (approx. 13.1% of the RHNA Very Low-Income allocation, as determined by Kern COG), 124 units for very low-income, 79 units for low- income, 268 units for moderate-income, and 703 units for above moderate-income.
Housing for lower-income households represents 37.5% of the above housing needs.
The combined need for housing will be 1,880 units by the year 2031, i.e., 706 housing units from the 5th Cycle and 1,174 units required in the 6th Cycle RHNA.
Table 31
ARVIN’S RHNA 2023-2031 BY INCOME LEVEL
Extremely
Low* Very Low Low Moderate
Above
Moderate Total
Units 62 124 79 268 703 1,174
Percent * 17.0% 20.5% 15.6% 29.9% 100.0%
Source: Kern COG RHNA, 2013-2023 Assessment
* Extremely Low Income is deemed 50% of Very Low Income (approx. 62 units) of the RHNA Very Low- Income allocation of 124 units, as determined by Kern COG RHNA. Source: https://www.Kern COG.org/wp-content/uploads/2022/07/ADOPTED-Kern-COG-RHNAPlan_07-22-22.pdf Table 2 (Table 5 of Housing Element) depicts the demographic trends of different racial/ethnic categories within Arvin between 2000 and 2020. During this period, the total population of Arvin grew by 50.47 percent, however, growth in the last decade between 2010 and 2020 was only 0.99 percent. Arvin’s Hispanic population was 87.5 percent of the total population in the year 2000. By 2020, the Hispanic population comprise of 94 percent of the population. The changing ethnic characteristics of a community, coupled with shifting in age composition, lead to changes in household composition and ensuing housing needs. The percentage of population that are White residents decreased from 9.8% in 2000 to 3.8% in 2020. The overall non-Hispanic population decreased from 12.5% in 2000 to 6% in 2020. Figure 6 shows that Arvin in general has a lower diversity index with several pockets of very high non-white population (>80%).
The City has considered trends and patterns related to integration and segregation based on racial and ethnic factors, disability, family status, seniors, and median household income. City of Arvin faces some unique challenges compared to Kern County as a whole, as a significantly higher proportion of Arvin’s households are under the poverty line (29.6%). There are some patterns of isolation or segregation apparent especially with female headed households. The city also has a significant need for dependent care and support systems for young children and youth, farm worker housing and housing appropriate for large families.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-78
The City will continue to have an Arvin Housing Element Advisory Committee that will include stakeholders and community-based organizations (i.e., California Coalition of Rural Housing, California Rural Legal Assistance, Leadership Counsel for Justice and Accountability, Lideres Campesinas, Committee for a Better Arvin, etc.) to advise the city on developing and implementing various Housing Element programs. The Housing Element Advisory Committee will actively participate in the city’s efforts prioritize and implement the following strategies:
1. Research, identify, and apply for funds available through the CDBG and HOME Programs, Mobile home Park Rehabilitation and Resident Ownership Program (MPRROP), United States Department of Agriculture (USDA), Cap-and-Trade Program, and other funding sources that support affordable housing development and preservation, infrastructure investment, energy efficiency, homeownership, code enforcement, farmworker housing, etc.
2. Implement the following Housing Programs:
• Program 5 - Code Enforcement Program, with a full-time building/code enforcement officer and a part-time code enforcement officer;
• Program 6 - Residential Unit Inspection and Maintenance Program; • Program 7 - Single-Family Owner Occupied and Multi-Family Rehabilitation Loan/Grant Program;
• Program 8 - Inventory of “At-Risk” projects;
• Program 9 - Preserving Mobile home Parks;
• Program 18. Adequate Sites Monitoring Program
• Program 22. Equal Housing Opportunity Program to Affirmatively Furthering Fair Housing goals.
3. Foster partnerships with non-profit affordable housing developers and experts within the community-based organization’s membership.
4. Engage the community by “getting the word out” on key community planning meetings, informing the public on available housing programs, and translating affordable housingrelated materials and interpreting at community workshop in Spanish and Mixtec. The city will arrange for provisions of Spanish translation materials and provide interpreters at community workshops.
b) R/ECAPS and RCAAs
According to the HCD AFFH Dataset, there is no R/ECAP in the City of Arvin (Figures 12 and 6).
No correlation was found between lower incomes and diversity. The Housing Plan includes programs to encourage diversity and support housing needs in the city.
Table 13 on Median Household Income by Race or Hispanic Origin in City of Arvin, the median household incomes of White, non-Hispanic residents in City of Arvin are not greater than other races. However, this is not the case for County as whole. There is no census tract in Arvin that fit the criteria of income of $125,000 and a population that is 80 percent or more white, and therefore the city has no RCAAs.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-79
The distribution of RHNA sites throughout the city will therefore, not exacerbate racially/ethnically concentrated areas of poverty or racially concentrated areas of affluence. The majority of new dwelling units in Arvin will be added on land designated for LDR development in the southern portion of the city, while HDR development is anticipated to take place in the northwest portion. These vacant sites have potential to exceed the Kern COG RHNA projections. c) ACCESS TO OPPORTUNITY
City of Arvin does not have any high or highest resource areas. It largely consists of census tracts that are considered low resource areas (see Figure 16) and therefore the city must look to areas with lower to moderate levels of resources to accommodate new development. Figure 16, TCAC/HCD Opportunity Map provides areawide identification of Resource Opportunity areas.
Comparing regional data for access to opportunity, the city of Arvin is in the “Low Resource” area, whereas, the City of Bakersfield, has Low and High Resource areas.
The city has distributed its RHNA sites throughout these areas. The new residential and mixeduse development in the identified areas will help to create more housing affordable to households at lower income levels, introduce new residents to the areas which can contribute to greater neighborhood stability, and expand opportunities for people to both live and work in Arvin. Taken together, new residential and mixed-use development in the identified areas will help to diversify the land use pattern and improve the conditions of these census tracts by providing greater housing choice and a broader range of goods and services, bringing new residential development closer to transit and jobs, and otherwise supporting community revitalization.
Table 26 shows that in 2020, 1218 households in Arvin were living in overcrowded and severely overcrowded conditions. These households represented 26.4 percent of the total 4711 households in the city.
Table 27 shows that renters comprised 35.9 percent of the overcrowded and severely overcrowded households within the city’s total occupied housing stock. With the high percentage of overcrowding and severe overcrowding and the high number of households in low and extremely low-income household, there is a need to provide assistance in to develop programs to address affordability and overcrowding.
The General Plan land use map and zoning ordinance identify those areas of the city that are to be developed with residential uses, and what standards apply to the different types of residential uses. Such standards are a necessary tool to promote and ensure a healthy, compatible, and high-quality living environment. Over 50 percent of the acreage in Arvin is designated for residential use. The Zoning Ordinance allows for a wide range of residential uses, with densities ranging from a maximum of 6 units per acre in lower density residential areas, up to 24 units per acre in the higher density multi-family and mixed-use overlay zones. Existing density bonus ordinance allows a developer to request a density bonus of up to 35 percent over the maximum density that is allowed by the zone in which the project is located if the developer agrees to reserve a certain percentage of the units as available to lower income households and/or senior citizens. A Program has been added to amend the Density Bonus Ordinance to be compatible with new changes in law, as applicable. The city is currently updating the Zoning Code effecting those changes.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-80
In compliance with State Housing Law, the city will permit ADUs and JADUs within the City.
Currently, the city is amending the Zoning Code to permit accessory dwelling units, ministerially, as stated in Housing element Program 13 (e). Since the 2018-2013 Housing Element, the city has adopted amendments to the Municipal Code to include residential care facilities, emergency shelters, transitional and supportive housing, single-room occupancy (SRO), and employee/farmworker housing as a permitted use under various zones. Since the 2013-2023 Housing Element, in compliance with the Surplus Lands Act, the city published in 2021 surplus lands available for possible low to moderate housing development.
The introduction of greater housing choice, a broader cross-section of households will have the opportunity to live in Arvin, which may ultimately have a positive impact on economic and education scores. A closer look at educational scores indicates that all elementary and middle schools serving the city have low standard scores and educational opportunities are consistent throughout the community. The city is served by a single High School. d) DISPROPORTIONATE HOUSING NEEDS
Most of the RHNA allocation sites are outside the high poverty area south of Easter Bean Mountain Boulevard and North of Sycamore Road. Figure 15 shows the vacant residential lots in Arvin. Available land can support 3077 housing units which exceed the RHNA allocation requirements. There are 8 parcels in two areas of the city that are candidates for recycling and have potential for higher densities that will result in 90 additional home units for lower income levels. The Housing Element also identified the potential for the 5 existing mobile parks to be recycled to higher densities to further improve availability of affordable housing.
The total number of units that could be accommodated in Arvin during 2023-31 planning period are 726 lower income housing units and 2814 moderate and above-moderate income housing units. The RHNA sites are split between sites located in census tracts with moderate and high levels of cost-burdened renter and homeowner households. Likewise, sites are split between census tracts with low and moderate levels of cost-burdened homeowner and renter households.
The intent of introducing new residential development in these areas is to add new housing to desirable areas and provide a range of housing choices at different prices to current and future residents. With a broader range of housing options, housing will become more affordable across the community, which should lessen the housing cost burden, particularly for renters in Arvin. e) SITES INVENTORY FINDINGS
The distribution of RHNA sites across the community will help to improve the opportunities and outcomes throughout the City. Furthermore, the RHNA sites will allow for development at densities needed to stimulate affordable housing development. All residential zones in the city allow accommodation of low-income housing units, provided that the structures containing the units meet all development standards specified under the zoning ordinance. The Housing Element proposes to increase the maximum allowable densities in R3 and R4 zones to further support development of low-income housing units and improve financial feasibility.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-81
Table 32
POTENTIAL HOUSING UNITS 2023-2031
Lower Income Units
Moderate/Above
Income Units Total Units
RHNA 2013-2023 (1) 637 532 1,169
RHNA 2023-2031 (2) 203 971 1174
New Units per Vacant Land Inventory (3)
(Incl. surplus properties usable)
662 2,415 3,077
Total 2023-2031 (4) 662 2,415 3,077
Surplus/(Deficit) from RHNA 459 1,444 1,903
Table 32 (Table 58 of Housing Element) reflects that the sites identified to meet the City’s RHNA are at all income levels. The RHNA sites are generally accommodated throughout Arvin and are not concentrated in areas with high racial or ethnic populations, persons with disabilities, female-headed households, senior households, or LMI households. For these reasons, the city finds that the sites proposed to accommodate its RHNA allocation do not unduly burden existing areas of concentrated racial or ethnic homogeneity, poverty, or other characteristics. Moreover, the sites affirmatively further fair housing by helping to stimulate investment in areas where additional opportunities are desired, and where new residential and/or mixed-use development can help to improve some of the opportunity level characteristics discussed earlier in this chapter.
Further, an emphasis on increasing access in primarily single-family neighborhoods through ADUs, SB 9units, and alternative housing types as discussed in the Housing Plan will increase opportunities in areas where single family neighborhoods coincide with higher-than-average income levels, areas of opportunity, and lower diversity.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-82
4. IDENTIFICATION OF CONTRIBUTING FACTORS AND FAIR HOUSING
PRIORITIES AND GOALS
The December 2015 Affirmatively Furthering Fair Housing Rule Guidebook published by HUD identifies examples of contributing factors by each fair housing issue area: outreach, fair housing enforcement and outreach capacity, segregation and integration, racially and ethnically concentrated areas of poverty, disparities in access to opportunity, disparities in access to opportunities for persons with disabilities, disproportionate housing needs, including displacement risks, and sites inventory.
The city supports the recommendations of the 2014 San Joaquin Valley Fair Housing and Equity Assessment (FHEA) that was prepared by the California Coalition for Rural Housing. The FHEA analyzes patterns in racial and economic segregation, discusses how segregation impacts individuals’ and families’ ability to access housing opportunity, and proposes strategies and recommendations to create more equitable and integrated communities.
Based on the issues identified in this Fair Housing Analysis, the following are the top 5 issues to be addressed through the programs in the Housing Plan:
1. Maintaining and preserving the existing affordable housing stock;
2. Assisting in the provision of housing;
3. Removing governmental constraints, as necessary;
4. Providing adequate sites to achieve a variety and diversity of housing; and
5. Promoting equal housing opportunity.
After considering these issues and FHEA recommendations, the City has identified in Table 33 potential contributing factors to fairhousing issues in Arvin and outlines the meaningful actions to be taken. The meaningful actions listed in the Table relate to the actions identified in the Housing Plan.
Table 33: Fair Housing Issues and Contributing Factors
Fair Housing Issue Contributing Factors Priority Meaningful Action Limitations in local Consolidated
Planning Processes, ongoing CDBG
and HOME funding allocations,
Housing Elements Processes, and
other city planning documents.
• Existing low-density residential
development under general plan and
zoning code
• Gap between low density and
medium density and high-density
classifications
High • Program 13 - Update and amend the
General Plan and Zoning Ordinance to
allow for a greater range of densities
and to increase the potential to build
additional housing on a per acre basis
Assist in the provision of housing by
removing government constraints and
promoting equal housing opportunity
• Limitations in zoning code and
density classifications
• Permission of pre-approved design,
and development standards
High Programs 4 and 13
• Establish the Arvin Housing Advisory
Committee with membership of Arvin
Navigation Centre to facilitate housing
programs including fair and accessible
housing
• Add a new Medium-Low Density Land
Use and Zoning classification
• Amend the Zoning Codes permitting
ministerial approval of ADUs,
preapproved designs and objective
development standards
Amend the density bonus ordinance to
comply with Status Density Bonus Law
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-83
Table 33: Fair Housing Issues and Contributing Factors
Funding for marginalized or distressed
communities, such as Transit Oriented
Development Funds, Strategic Growth
Council grants, HCD's Housing-Related
Parks Program, Safe Routes to School,
and Brownfield funding.
• Ensuring funding is available for
marginalized and distressed
community
High • Research, identify, and apply for funds
available through the CDBG and HOME
Programs, Mobile home Park
Rehabilitation and Resident Ownership
Program (MPRROP), United States
Department of Agriculture (USDA),
Cap-and-Trade Program, and other
funding sources that support affordable
housing development and preservation,
infrastructure investment, energy
efficiency, homeownership, code
enforcement, farmworker housing, etc.
Develop and implement a proactive
code enforcement program that holds
property owners accountable and
proactively plans for resident relocation
when necessary.
• Code enforcement High • Program 5 - Code Enforcement
Program, with a full-time building/code
enforcement officer and a part time
code enforcement officer
Consider new technologies and/or
products such as modular housing
construction to reduce costs and
increase access to housing.
• Permission of pre-approved design,
and development standards
High • Program 13 - Amend the Zoning Codes
permitting ministerial approval of ADUs,
preapproved designs and objective
development standards
Prioritize basic infrastructure
improvements like water, sewer, and
street lights.
• Ensuring availability of basic
infrastructure to proposed
development of lower-income
households
High • Program 14 - Develop a Policy to
provide basic infrastructure to
affordable housing projects
Use the FHEA data and the opportunity
indices to help guide site selection of
affordable housing developments.
• Consideration of FHEA data in site
selection and facilitation of affordable
housing developments
High Programs 1, 4, 8,9, 11,15, 16,17,18, 24
Use design tools to seamlessly
integrate affordable housing
development into larger mixed-income
developments.
• Limitations in zoning code and
density classifications
• Approval process
Medium • Program 13 - Amend the Zoning Codes
and density classifications
• Program 16 - Facilitate land divisions,
lot-line adjustments, and specific plans
to encourage affordable multiple family
housing developments
Develop a program to educate and
encourage landlords to accept Housing
Choice Vouchers.
• Lack of readily available information
regarding fair housing resources and
assistance to persons in filing a
complaint
• Lack of education of public and
housing providers regarding rights
and responsibilities under the AFH
and FEHA
High • Programs 1, 2, 21, 22 - Fair Housing
Resources, including Enforcement and
Outreach, and support community members
with Housing Discrimination
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-84
Table 33: Fair Housing Issues and Contributing Factors
Disproportionate Housing Needs,
including Overpayment and Substandard
Housing
• Ongoing need for need for
affordable housing
• Need for assistance with monthly
housing costs
• Lack of local information regarding
available housing rehabilitation,
emergency repair, and weatherization
programs
• Need for targeted housing
revitalization strategies
Medium • Programs 1, 2, 3, 4, 5, 6, 10, 17, 20,
21, 22, 23, 24, 25, 26, 27
Displacement Risk • Land use and zoning laws
• Displacement of residents due to
economic pressures
Medium • Programs 7, 10, 13, 15, 16, 17, 19,
20, 21, 23 and 24, 25, 26, 27
The City of Arvin remains committed to providing a diversity of housing options for all income levels, encouraging development throughout the community to help overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. The vast majority of the City’s Housing Programs designed to address fair housing will be implemented on an ongoing basis, with annual progress reports and programs evaluations to ensure they are achieving the City’s objectives. The following list summarizes those programs identified in this Housing Element which affirmatively further fair housing and implement the FHEA recommendations.
The City will continue to have an Arvin Housing Element Advisory Committee that will include stakeholders and community-based organizations (i.e., California Coalition of Rural Housing, California Rural Legal Assistance, Arvin Navigation Center, Leadership Counsel for Justice and Accountability, Lideres Campesinas, Committee for a Better Arvin, etc.) to advise the city on developing and implementing various Housing Element programs. The Housing Element Advisory Committee will actively participate in the city’s efforts to prioritize and implement the following strategies:
• Research, identify, and apply for funds available through the CDBG and HOME Programs, Mobile home Park Rehabilitation and Resident Ownership Program (MPRROP), United States Department of Agriculture (USDA), Cap-and-Trade Program, and other funding sources that support affordable housing development and preservation, infrastructure investment, energy efficiency, homeownership, code enforcement, farmworker housing, etc.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-85
• The Housing Advisory Committee shall review and implement place-making strategies for conservation and preservation of neighborhoods. Examples of programs that could be added to housing programs in the city would include improving safety for pedestrians and quality of life by focusing sidewalk revitalization projects in low resource areas, expanding mobility by continuing to develop greenway facilities and new bike lanes in the city, etc.
• Implement the following Housing Programs:
- Program 5 - Code Enforcement Program, with a full-time building/code enforcement officer and a part-time code enforcement officer; - Program 6 - Residential Unit Inspection and Maintenance Program; - Program 7 - Single-Family Owner Occupied and Multi-Family Rehabilitation Loan/Grant Program;
- Program 8 - Inventory of “At-Risk” projects;
- Program 9 - Preserving Mobile home Parks;
- Program 15 – Facilitate Production of Affordable Housing - Program 16 – Facilitate Large Parcels
- Program 18 - Adequate Site Monitoring Program;
- Program 22 - Equal Housing Opportunity Program; and
- Program 24 - Affirmatively Furthering Fair Housing.
- Program 25 – Large Sites > 10 Acres
• Foster partnerships with non-profit affordable housing developers and experts within the community-based organization’s membership.
• Engage the community by “getting the word out” on key community planning meetings, informing the public on available housing programs, and translating affordable housingrelated materials and interpreting at community workshop in Spanish and Mixtec (if needed). The city will arrange for provisions of Spanish translation materials and provide interpreters at community workshops.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-86
Appendix 1 – OUTREACH
A – Workshop Flyer English and Spanish and Distribution List by City Staff.
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-87
[External] Workshop Distribution – For October 18, 2022 Michael Brockman-Velazquez <[email protected]> Thu 10/20/2022 2:48 PM
To: Jake Raper <[email protected]>
Flyers were distributed to the following businesses/locations:
Cricket Wireless
Vallarta
Little Caesars
Bear Mt. Pizza
La Fogota
Arvin Family Dental
La Mexicana Grocery Store
Bright Hope Baptist Church
Calvary Baptist Church
First Baptist Church
Iglesias de Oasis de Vida Arvin
St. John's Valley of Faith
Arvin Public Library
Arvin Union School District
Additionally I handed out flyers to individuals on the street. --
Michael Brockman-Velazquez | he/him
CivicSpark Fellow, Central CA Region
[email protected]
Updated October 31, 2023
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-88
Updated October 31, 2023
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
FAIR HOUSING ANALYSIS
City of Arvin, 2023-2031 Housing Element | AFFHA-89
Updated October 31, 2023
4.B.4
Attachment: 4- Exhibit A1- ARVIN_AFFH_- App C May 14, 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair Housing
NOTICE OF EXEMPTION
Filing of Notice of Exemption
in Compliance with Section 15062 of the
California Environmental Quality Act - 2023-2031
Housing Element-City of Arvin
NOTE: Place in project file until approved – then
file with Kern County Clerk
AFFIDAVIT OF FILING AND POSTING
Court Records Supervisor Office of the County Clerk
I declare that I received and posted this notice on the filing date as required by California Public Resources
Code Section 21152(c). Said Notice will remain posted
for 30 days for the filling date.
TO: COUNTY CLERK
County of Kern,
1115 Truxtun Ave. 1st Floor,
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office, 661-854-0817 Fax
Project title: 2023-2031 Housing Element, An Element of the General Plan – City of Arvin Project location: City Wide
Description of nature, purpose, and beneficiaries of project: The Housing Element Update is required to identify and analyze existing and projected housing needs in order to preserve, improve and develop housing for all economic segments of the community, including a fair housing analysis. In addition to prohibiting discrimination based on race, color, religion, disability, and other protected personal and familial attributes, the city is required to affirmatively further fair housing. The City’s Housing Element is the primary policy document implementing the housing policies and affirmatively further fair housing for all economic segments of the community.
Name of public
agency approving
project:
City of Arvin, CA –
City Council
Resolution No. 2024 -XX May 14, 2024
Name and person or agency
carrying out the project
Chris Soriano, City Planner, Community Development Department, 161 Plumtree Drive, Arvin, CA 93203 Email: [email protected] Exempt status: CEQA Guidelines, General Rule Exemption Section 15061(b)(3), Reasons why the project is exempt: The 2023-2031 Housing Element is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The project is also not located next to any scenic highway or resources, nor is located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Finally, the Housing Element does not include physical development.
The Housing Element establishes goals and policies and therefore does not affect any site that could qualify as historical resources and no structures are to be demolished, nor would the project have a significant adverse impact on a historic resource.
For all the foregoing, including evidence in the administrative record, the City Council of the City of Arvin adopts General Rule Exemption Section 15061(b)(3) and the City Clerk is directed to file the Notice of Exemption with the Kern County Clerk.
Contact person: Chris Soriano, City Planner, Planning Division, 141 Plumtree Drive, Arvin, CA 93203
Signature/Title/ Date:
________________________ /___________
Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.
4.B.5
Attachment: 5- Att 1 - NOE -2023-2031 HE PC Mtg May 14 2024 (Public Hearing: Adoption of GPA 2024-01 - 2023-2031 Housing Element and Fair
CITY OF ARVIN
NOTICE OF PUBLIC HEARING
2023-2031 HOUSING ELEMENT AND FAIR HOUSING ANALYSIS
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:
Project Description:
The Housing Element Update is required to identify and analyze existing and projected housing needs in order to preserve, improve and develop housing for all economic segments of the community, including a fair housing analysis. In addition to prohibiting discrimination based on race, color, religion, disability, and other protected personal and familial attributes, the city is required to affirmatively further fair housing. The City’s Housing Element is the primary policy document implementing the housing policies and affirmatively further fair housing for all economic segments of the community.
At the conclusion of the public hearing, the City Council may adopt the 2023-2031 Housing Element Update and forward the document to the State of California Department of Housing and Community Development Department for review and approval and accept a Notice of Exemption per CEQA (General Rule Exemption – Section 15061(b) (3). Pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3), that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment.
Applicant: City of Arvin, 200 Campus Drive, Arvin, CA 93203 The 2023-2031 Housing Element and proposed environmental finding may be obtained from the City of Arvin, City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s web site at www.arvin.org. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (661) 854-3134. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility.
All persons interested in this topic who have questions, would like to provide feedback, or who have comments are invited to attend. This meeting provides another opportunity to provide public comments on the 2023-2031Housing Element. A Spanish interpreter will be present at the meeting.
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. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, at 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].
/s/
POSTED: May 02, 2024 Cecilia Vela, City Clerk
Arvin City Council Public Hearing Information
Date: May 14, 2024
Time: 6:00 PM
Place: City of Arvin Council Chambers, 200 Campus Drive, Arvin, CA 93203
4.B.6
Attachment: 6- PHN 2023-2031 Housing Element and Fair Housing Analysis_CC Mtg of 051424_POST 050224 (Public Hearing: Adoption of GPA
CITY OF ARVIN
Staff Report
Meeting Date: May 14, 2024
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN, CALIFORNIA, AMENDING APPENDIX A TO CHAPTER 1.24 OF THE ARVIN MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE.
BACKGROUND:
The Political Reform Act (Government Code Sections 87302, 87302.6, 87303, 87306, 87306.5, 87307, 87309, 87310, 87311, and 87314) requires each city to review its conflict of interest code biennially and notify the City Council as to whether or not the code needs to be amended. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). The City Council is the code reviewing body for City agencies. The completed biennial notice must be submitted to the City Council no later than October 1, 2024. An agency’s amended code is not effective until it has been approved by the City Council.
There have been changes to the City of Arvin’s organizational structure including positions that were eliminated and new positions added since the code was last approved. Staff has prepared the Ordinance that includes these changes, and it is attached to the agenda handouts for Council’s review and approval.
STAFF RECOMMENDATION:
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.
FINANCIAL IMPACT:
None.
ATTACHMENTS:
- 2024 Local Agency Biennial Notice
- Proposed Ordinance Amending Appendix A to Chapter 1.24 of the Arvin Municipal Code Related to the City’s Conflict of Interest Code.
4.C.1
Attachment: Staff Report Ordinance Amending Appendix A to AMC Chptr 1.24 Relating to Conflict of Interest Code_051424 (Public Hearing - www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2024 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body. No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
4.C.2
Attachment: 2024 Local Agency Biennial Notice Conflict of Interest Code_051424 (Public Hearing - First Reading - Ordinance Amending
Ord Amending Conflict of Interest Code 2024
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARVIN, CALIFORNIA, AMENDING APPENDIX A TO CHAPTER
1.24 OF THE ARVIN MUNICIPAL CODE RELATING TO THE
CITY’S CONFLICT OF INTEREST CODE.
THE CITY COUNCIL OF THE CITY OF ARVIN DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Appendix A to Chapter 1.24. Appendix A to Chapter 1.24 of the Arvin Municipal Code is hereby amended to read as follows:
Appendix A
CITY OF ARVIN CONFLICTS OF INTEREST CODE
LIST OF DESIGNATED POSITIONS
Consultants
City Manager / Finance Director
Chief of Police
Emergency Services / Deputy Chief
Assistant City Manager / Community Development Director City Planner
City Engineer
City Clerk
Senior Building Official/Code Enforcement Officer
Human and Community Resources Manager
Transit Manager
Public Works Supervisor
Finance Supervisor
Grants Manager
Members of Appointed Boards, Committees or Commissions
SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
4.C.3
Attachment: Ordinance AMC Chapter 1.24 Amendment to List of Designated Employees Conflict of Interest Code_051424 (Public Hearing - First
Ord Amending Conflict of Interest Code 2024
ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 4. Publication. The City Clerk shall cause this ordinance to be published or posted in accordance with Government Code section 36933.
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 14 th day of May
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:
DANIEL BORRELI, Mayor
APPROVED AS TO FORM
By:
NAHTAN 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.
4.C.3
Attachment: Ordinance AMC Chapter 1.24 Amendment to List of Designated Employees Conflict of Interest Code_051424 (Public Hearing - First
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARVIN TO APPROVE MUNICIPAL SEWER RATES FOR FISCAL
YEAR 2024/2025 TO 2028/2029
WHEREAS, The City of Arvin is a municipal corporation duly organized and existing pursuant to Constitution and laws of the State of California (“City”); and WHEREAS, On November 28, 2023, NBS Consultants was hired to perform the financial analysis component of a comprehensive study of sewer rates (the “Sewer Study”), which is on file at City Hall in the City Clerk’s Office. The analysis completed on March 12, 2024, indicates that the Arvin sewer utility while currently operating within a balanced budget will not continue to do so after 2024, which indicates recurring revenues are not sufficient to cover recurring or projected future expenditures; and WHEREAS, On March 12, 2024, the City Council determined that proposed rate as described in the Sewer Study offers the best rate structure to allow the City to meet minimum operating requirements and provide a minimum level of funding for the Capital Improvement Programs (“CIP”) over the next five years (Fiscal Years 2024/2025 to 2028/2029), while remaining affordable to the residents of Arvin. The new rate schedule consists of a plan to meet minimum operating requirements, and provide minimal amounts of funding for the CIP, with the use of state revolving fund loans, and grants; and
WHEREAS, Sewer rates qualify as “property-related fees” and sewer rate adjustments, such as those presented in the sewer rate structure, are subject to the substantive and procedural requirements of Proposition 218 (Cal. Const. Art. XIIID).
Section 6 of Article XIIID of the California Constitution sets forth notice, hearing, and protest requirements applicable to increases of sewer rates.
WHEREAS, Based on the foregoing, the City Council took action on March 12, 2024, to (i) initiate a Proposition 218 “majority protest” process to implement the sewer rates as described in the Sewer Study, and (ii) adopt other rules and procedures for the tabulation of majority protests. Accordingly:
a) On March 19, 2024, staff mailed the Notice of Public Hearing to all property owners served by the City of Arvin, as required by Proposition 218 (Cal. Const.
Art. XIIID, § 6) and posted such Notice of Public Hearing on March 19, 2024, at locations in the City as required by posting requirements and also on the City’s website; and
b) The Notice of Public Hearing instructed property owners on how to file a protest on the proposed water rates, in accordance with California Constitution Article XIIID. The notice was provided in both English and Spanish.
4.D.1
Attachment: Reso to Approve Municipal Sewer Rates for FY 2024-2025 to FY 2028-2029 (Adopt Sewer Rates FY 24/25 to FY 28/29)
WHEREAS, the proposed sewer rates will be used to fund CIP, debt obligations, reserves, and costs for operating and maintaining current service levels within the service areas; and
WHEREAS, on May 14, 2024, the City Council held a full and fair public hearing, properly noticed as required by law, at which all persons interested were given an opportunity to provide written protests and offer oral testimony with respect to the proposed City’s sewer rates; and,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Arvin that based upon the information and testimony presented at the Public Hearing of May 14, 2024, Council hereby:
Section 1. The foregoing Recitals, and all information presented in the accompanying Sewer Study Report, and the Notice of Public Hearing (attached hereto as Exhibit “A”) are hereby found to be true and correct and incorporated herein by this reference.
Section 2. Ratifies the Proposition 218 process and adopts the sewer rates recommended by staff and as set forth in the Notice of Public Hearing (Exhibit “A”) mailed to all property owners, and pursuant to Proportion 218 finds as follows:
a. Fee for Service Provided Only: Revenues derived from the sewer fee may not be used for any purpose other than that for which the fee was imposed. The recommended sewer service charges for operating and maintaining the City’s sewer collection system is based on the financial plan and reserve projections calculated in the Sewer Study. The financial plan and reserve projections calculate the City’s operating expenses obtained from the current adopted budget, and projection of costs for rehabilitation of existing infrastructure. Operation and maintenance funds will apply to the existing wastewater treatment plant, necessary CIPs required to operate the sewer collection system, paying debt service and maintaining an appropriate level of reserves for the Sewer Utility. b. Fee not to Exceed Cost of Service: Revenues derived from the sewer fee may not exceed the funds required to provide the property related service. Revenues from the sewer service charges developed in the rate study, do not exceed the cost to provide sewer collection and treatment services. For example, in Fiscal Year 2024/25, projected revenue from sewer service charges (including the surcharge for customers connected to a lift station) is $3,501,587 which is equal to the cost of service. c. Fee not to Exceed Proportional Cost: The amount of the sewer fee may not exceed the proportional cost of the service attributable to the parcel.
The sewer service charges developed in the rate study represent the proportional cost of service, per Equivalent Single Family Dwelling (ESFD). For Fiscal Year 2024/25, the proportionate cost of service is $648.87 per ESFD, plus $38.77 per ESFD for those customers who are connected to the lift station. Charges to each parcel are based on industry
4.D.1
Attachment: Reso to Approve Municipal Sewer Rates for FY 2024-2025 to FY 2028-2029 (Adopt Sewer Rates FY 24/25 to FY 28/29)
standard methodologies and the City’s detailed Engineering Study dated April 18, 2006.
Section 3. The Council has fully considered this matter and has:
a. Reviewed the submittal, notice and the information submitted herewith regarding the proposed increase, the parcels to which the proposed fee increase would apply, and the reasons and basis for the increase and the fees;
b. Provided notice of the proposed fee increase to the record owners (or renters responsible for payment of the fee) of all parcels to which the proposed fee increase would apply in accordance with Article XIIID of the California Constitution;
c. Heard and received all written protests from any owners (or renters) of real property subject to the fee;
d. Taken and received oral and documentary evidence pertaining to the proposed fee increase; and
e. Been fully informed of this matter.
Section 4. Finds that insufficient written protests were presented to prevent the proposed sewer rates from being imposed.
Section 5. Finds that based on these facts and the circumstances presented and the Sewer Study and information received during the public hearing, the City Council finds that increases in sewer rates as described in the Notice of Public Hearing (Exhibit “A” hereto) are necessary and are hereby adopted. Said sewer rates are to take effect on July 1, 2024, July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028, as described in the Sewer Study and the Notice of Public Hearing (Exhibit “A”), incorporated herein.
Section 6. Directs staff to update the sewer rate schedule during the annual budget process, in accordance with the effective rates adopted as part of this Resolution.
Section 7. Any resolution in conflict herewith relating to the increased sewer rates described herein is hereby repealed to the extent of such conflict and of no further effect to the extent of such conflict.
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4.D.1
Attachment: Reso to Approve Municipal Sewer Rates for FY 2024-2025 to FY 2028-2029 (Adopt Sewer Rates FY 24/25 to FY 28/29)
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Arvin City Council at a special meeting thereof held on the 14th day of May 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
DANIEL BORRELI, 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.
4.D.1
Attachment: Reso to Approve Municipal Sewer Rates for FY 2024-2025 to FY 2028-2029 (Adopt Sewer Rates FY 24/25 to FY 28/29) Proposed Annual Operating Budget
Fiscal Year 2020 - 2021
City of Arvin, CA
Comprehensive Sewer
Utility Rate Study Report
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 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
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 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
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 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:
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 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.
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 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.
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 4 | P a g e
Table 1 – Proposed Annual Sewer Rates per ERU
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 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.
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 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
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 7 | P a g e
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.
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 8 | P a g e
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.
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 9 | P a g e
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
4.D.2
Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 10 | P a g e
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: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
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: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
APPENDIX A
Revenue Requirement
from User Rates
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Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
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: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
APPENDIX B
Sewer Cost-of-Service
Analysis
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Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
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: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
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: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
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: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
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
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Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
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
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Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
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
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Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
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
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Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29) 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
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Attachment: Arvin Rate Study - Final Draft , (Adopt Sewer Rates FY 24/25 to FY 28/29)
NOTICE OF PUBLIC HEARING REGARDING
PROPOSED CHANGES TO SEWER RATES
Hearing Date & Time: May 14, 2024, 6:00 PM
Hearing Location: Arvin City Council Chambers
200 Campus Drive, Arvin, California 93203
Why are you receiving this notice?
The City of Arvin is mailing this notice to you because you are a sewer customer, or record owner of property that receives sewer service. This notice is being provided pursuant to California Constitution Article XIIID (also known as “Proposition 218”), which requires the City to notify property owners and customers of proposed changes to property-related fees such as those for sewer service. This notice describes proposed changes to the rates for this service and provides information about a public hearing to be held on May 14, 2024, at the City Council Chambers, 200 Campus Drive, Arvin, CA 93203. If adopted, the proposed rates for water and sewer service will be in effect beginning July 1, 2024.
What do the sewer rates fund?
The City provides sewer service for residential, multi-family, and non-residential customers within its service territory.
Wastewater is collected from properties within the City through City-owned infrastructure and conveyed for treatment to the City’s wastewater treatment plant. Once treated, the water is used for irrigation of local farmland for growth of non-food crops.
The City is responsible for maintenance, operation, inspection and periodic repair of the collection and conveyance facilities, including pipelines, laterals, manholes and lift stations, as well as maintenance and operation of the wastewater treatment plant and related facilities. This includes repair and replacement of aging or worn system components and capital projects as needed to expand and/or upgrade infrastructure and ensure continuing uninterrupted service.
Sewer service charges are the primary source of revenue to operate and maintain the sewer system and are used solely for this purpose. Sewer rate revenue provides funding for costs related to system operations, maintenance, capital projects, debt repayment, administration, as well as costs related to prudent long-term operational or financial management of the utility, such as maintaining adequate fund reserves and planning for contingencies.
The proposed rates are based on a comprehensive utility rate and financial study completed by an independent consultant. The rate structure was designed so that revenues derived from the proposed rates do not exceed the amount required for the City to provide the service, nor will the revenue from the sewer rates be used for any purposes other than those for which they are imposed. The amount of the proposed rates imposed on any parcel or person as an incidence of their property ownership will not exceed the proportional cost of the service attributable to such parcel; and no rate will be imposed for a service unless that service is actually used by, or immediately available to, the property owner or customer in question.
Why are sewer rate changes needed?
The utility rate study and financial plan determined that the City’s current sewer rates are not sufficient to meet rising costs associated with system operations and maintenance, which like most costs, increase over time. These costs also include administrative support for operations, repair and replacement of aging system components, maintenance of designated reserves, and capital facilities projects to ensure quality uninterrupted sewer service.
How the sewer rates are determined and how they work
To develop sewer rates that generate sufficient revenue to meet fiscal and policy objectives of the City, a determination of the annual revenue requirement from sewer rates was completed. As previously mentioned, this revenue requirement includes projected expenditures for operations, maintenance, repair and replacement of aging system components, equipment, debt repayment, minimum coverage for scheduled debt payments, and capital projects.
The revenue requirement also includes maintenance of designated reserves. Healthy reserve funds are critical to the ability of the City to serve its customers and respond to unforeseen and unpredictable costs. The reserves, like all elements of the sewer charges, may only be used to fund costs associated with the sewer system.
4.D.3
Attachment: Arvin 2024 Prop 218 Sewer Rate Notice _ 3.7.2024 _ PDF Proof (Adopt Sewer Rates FY 24/25 to FY 28/29) The revenue requirement was compared to the total sources of available funds under existing rates during each year of the forecast period to determine the adequacy of projected revenues to meet those requirements. Where a shortage of revenue was found, a series of revenue adjustments was calculated, which if implemented, will provide revenue sufficient to meet those needs.
The City has established sewer charges that are submitted annually to the Kern County Auditor-Controller for inclusion on the annual secured property tax bill for property owners in the City. These charges are based on the type and size of building owned. The 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.
The proposed 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 charges recover the costs associated with the operation and maintenance of sewer collection and treatment facilities, as well as the costs for treatment and disposal of wastewater. The rate structure was designed so each system user will be charged an amount that is proportional to the cost of serving them.
New sewer rates
In order to provide necessary funding for the sewer system, the City is proposing to implement new sewer rates as a series of annual adjustments starting on July 1, 2024, and each July 1 thereafter until July 2028. The following table summarizes the proposed sewer rates. The rates will go into effect and remain in effect until superseded by Council action.
Proposed Annual Sewer Rates
July 1, 2024 – July 1, 2028
4.D.3
Attachment: Arvin 2024 Prop 218 Sewer Rate Notice _ 3.7.2024 _ PDF Proof (Adopt Sewer Rates FY 24/25 to FY 28/29) Impact on your sewer bill
Per the proposed rates, effective July 1, 2024, the annual sewer charge for a typical single-family home would increase from $571.74 per year currently to $648.78 per year. The accompanying graph provides a summary of existing and proposed annual sewer bills at various assigned ERUs.
How do you file a protest or participate in the public hearing? The City will consider the new sewer rates at a Public Hearing on Tuesday, May 14, 2024, at 6:00 p.m. at the City Council Chambers 200 Campus Drive, Arvin, CA 93203. You are invited to present oral or written testimony at the Public Hearing.
Any owner or customer of record of a parcel subject to the proposed rates may submit a written protest against the proposed rate revisions. If written protests are filed for a majority of the affected parcels, the proposed rate revisions will not be adopted.
In accordance with Government Code section 53759, there is a 120-day statute of limitations for challenging any new, increased, or extended fee or charge, commencing from the later of the effective date of the new rates or of the date of the final passage, adoption, or approval of the resolution adopting the new rates.
In order for a written protest to be counted, it must include the following: a statement indicating that the identified property owner or customer of record is in opposition to the proposed sewer rate changes; the street address or Assessor's Parcel Number (APN) for the parcel(s) with respect to which the protest is made; and the name and signature of the owner or customer.
Protests may be mailed, or hand delivered, to the City Clerk at 200 Campus Drive, Arvin, CA 93203, prior to 4:00 p.m. on May 14, 2024, or hand delivered to the City Clerk at the Public Hearing on May 14, 2024. To be counted, a signed written protest must be received by the City Clerk before the conclusion of the Public Hearing. Protests submitted via e-mail or other electronic means will not be accepted. For any written protest, whether mailed or submitted in person to the City Clerk, please identify on the front of the envelope that the enclosed protest is for the Public Hearing on the Proposed Rate Changes – Sewer Rates.
The City Council will hear and consider all written and oral protests to the proposed rate changes at the Public Hearing.
Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, there will be no more written protests accepted and no more testimony taken, and the City Council will consider adoption of the proposed rates for sewer service described in this notice. If written protests, as outlined above, are not presented by a majority of property owners or customers of record, the City Council will be authorized to adopt the proposed rates. While property owners and customers of record may submit written protests, only one protest will be counted for each parcel. If adopted, the rates will be in effect beginning July 1, 2024.
4.D.3
Attachment: Arvin 2024 Prop 218 Sewer Rate Notice _ 3.7.2024 _ PDF Proof (Adopt Sewer Rates FY 24/25 to FY 28/29)
Staff Report re Kern COG Board Member
CITY OF ARVIN
Staff Report
Meeting Date: May 14, 2024
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Appointment of A Council Member to Fill the Vacant Seat to Serve as the City of Arvin’s Primary Board Member for Kern Council of Governments.
BACKGROUND:
Kern Council of Governments (Kern COG), is an association of city and county governments created to address regional transportation issues. Its Member Agencies include the County of Kern and the 11 incorporated cities within Kern County. The Kern COG Board of Directors is comprised of one elected official from each of the 11 incorporated cities in Kern County, two Kern County Supervisors and ex-officio members representing Caltrans and Golden Empire Transit District. Monthly board meetings provide the public forum for discussion and collaborative decision-making on significant issues of regional transportation and mobility. As the federally-designated Metropolitan Planning Organization and the state-designated Regional Transportation Planning Agency for Kern County, Kern COG is responsible for developing and updating a variety of transportation plans and for allocating the federal and state funds to implement them. Following Board direction, staff coordinates between local, state, and federal agencies to avoid overlap or duplication of programs. This intergovernmental coordination enables staff to work with many public agencies to ensure that planning and implementation of programs proceed in a coordinated manner.
There is a vacancy for the City of Arvin’s Kern COG Primary Board Member seat. Board members should be available to attend the Kern COG meetings held on the third Thursday of each month at 6:00pm in the Kern COG Board Room located in Bakersfield or they may attend virtually if the member notifies Kern COG before the agenda is released. The next meeting is scheduled to be held on Thursday, May 16, 2024. Kern COG provides the board member a stipend of $100 per meeting attended plus mileage reimbursement and is required to complete and submit a Statement of Economic Interests Form 700 from the Fair Political Practices Commission.
STAFF RECOMMENDATION:
Staff recommends that the Council nominate and appoint a member of the Council to serve as the Primary Board Member for Kern COG.
FINANCIAL IMPACT:
None
ATTACHMENTS:
None
5.A.1
Attachment: Staff Report - Appointment of KernCOG Board Member_051424 (Appointment of A Member of the City Council to Serve as Kern
Staff Report – Amend No. 1 to PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.
CITY OF ARVIN
Staff Report
Meeting Date: May 14, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Amendment No. 1 to the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
BACKGROUND:
The City Wastewater Treatment Facility (WWTF) is in receipt of a Cease and Desist Order (CDO) and Connection Restriction RS-2023-0006 dated April 27,2023 from the Central Valley Regional Water Quality Control Board (RWQCB). The CDO alleges that the City has violated Waste Discharge Requirements (WDRs) Order No. 5-00-093.
At the meeting of April 25th, 2023, the City Council approved a Professional Services Agreement (PSA) with Carollo Engineers, Inc. (Carollo) for funding and permitting assistance (Agreement No. 2023-09) The scope of work of the PSA included Carollo supporting the City through adoption of the CDO and with the preparation of the CDO-required Report of Waste Discharge (ROWD); and to assist the City with development of a planning grant application package.
This first amendment to the PSA is for preparation of additional permitting assistance services, including additional project management and meetings, additional assistance with sewage connection exception requests, preparation of a California Environmental Quality Act (CEQA) Categorical Exemption for the currently unpermitted land application areas (LAAs) for treated wastewater, preparation of Pond 3 repair design and construction reports, preparation of an updated Title 22 Engineering Report and Notice of Intent (NOI), and preparation of a master plan for effluent storage and disposal. The scope of work is detailed in the attached proposal from Carollo, dated April 10, 2024 (Exhibit A).
Basic Services Tasks
Description Fee
Task 1 – Project Management and Meetings $20,400
Task 2 – Assistance with Cease and Desist
Order Adoption
$11,100
Task 5 – CEQA Categorical Exemption $10,100
Task 6 – Pond 3 Repair Design and
Construction Reports
$247,400
Task 7 – Title 22 Engineering Report and
Notice of Intent
$77,400
Task 8 – Effluent Storage and Disposal
Master Plan
$42,200
5.B.1
Attachment: Staff Report Amend No. 1 to PSA with Carollo Engineers, Inc_051424 (Amend No. 1 to PSA with Carollo Engineers, Inc. for
Staff Report – Amend No. 1 to PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.
STAFF RECOMMENDATION:
Staff recommends approval of Amendment No. 1 to the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
FINANCIAL IMPACT:
Carollo’s compensation for the proposed basic services will not exceed $408,600, as summarized above. The engineering costs for the pond 3 repair and design ($247,400) will be covered in the $5 million grant for pond repair that the City has applied to the State Water Resources Control Board (SWRCB). The remainder of the contract represents required reports and permits to the SWRCB which are needed to continue operations at the City's sanitation plant. Those expenses, estimated at $161,200 will be included in the Fiscal Year 2024-25 budget of sanitation fund.
ATTACHMENTS:
- Amendment No. 1 to Professional Consultant Services Agreement (PSA) between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance. - Proposal from Carollo Engineers, Inc. dated April 10, 2024. - Staff report of the Arvin City Council Meeting of April 25, 2024 re PSA between City of Arvin and Carollo Engineers, Inc.
- Professional Consultant Services Agreement (PSA) between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance approved on April 25, 2023 (Agreement No. 2023-09)
5.B.1
Attachment: Staff Report Amend No. 1 to PSA with Carollo Engineers, Inc_051424 (Amend No. 1 to PSA with Carollo Engineers, Inc. for
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT AGREEMENT NO. __________
AMENDMENT NO. 1 TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT NO. 2023-09
FOR FUNDING AND PERMITTING ASSISTANCE
BETWEEN
CITY OF ARVIN, CALIFORNIA,
AND
CAROLLO ENGINEERS, INC.
THIS AMENDMENT to the Agreement is made and entered into as of the date of execution by the CITY OF ARVIN (the "City") and CAROLLO ENGINEERS, INC. (“Consultant”).
RECITALS
The City requires outside assistance to provide the following services: Engineering services for funding and permitting assistance.
WHEREAS, on April 25, 2023, the City approved a Professional Consultant Services Agreement (PSA) between the City and Consultant for funding and permitting assistance (Agreement No. 2023-09); and
WHEREAS, on May 14, 2024 the City authorized this Amendment No. 1 to the PSA for Consultant to provide preparation of additional permitting assistance services, including additional project management and meetings, additional assistance with sewage connection exception requests, preparation of a California Environmental Quality Act (CEQA) Categorical Exemption for the currently unpermitted land application areas (LAAs) for treated wastewater, preparation of Pond 3 repair design and construction reports, preparation of an updated Title 22 Engineering Report and Notice of Intent (NOI), and preparation of a master plan for effluent storage and disposal; and
WHEREAS, the scope of work of the Amendment No. 1 to the PSA is further described in the attached proposal from Consultant, dated April 10, 2024 (Exhibit A); and WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise; and
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows:
1. That the original Contract is hereby amended to include the scope of services described in the attached proposal dated April 10, 2024 (Exhibit A).
5.B.2
Attachment: Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 1 to PSA with Carollo
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT
2. The services described herein will be provided for the proposed basic services fee not to exceed $408,600.
3. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.
EXCEPT as specifically modified above, all of the remaining terms and conditions of the Agreement between the City of Arvin and Carollo Engineers, Inc. approved on April 25, 2023 and entered into on May 02, 2023 (Agreement No. 2023-09), shall remain and continue in full force and effect.
[Signature Page Follows]
5.B.2
Attachment: Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 1 to PSA with Carollo
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement on the day and year written below.
“CITY” “CONSULTANT”
CITY OF ARVIN,
a municipal corporation
By: __________________________
Jeff Jones, City Manager
Dated: _______________, 2024
ATTEST:
Cecilia Vela, City Clerk
CAROLLO ENGINEERS, INC.
a Delaware corporation
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 2024
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 2024
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges, City Attorney
5.B.2
Attachment: Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 1 to PSA with Carollo
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT A
Scope of Work and
Payment for Services, Project Budget, Project Schedule and Timeline Project Approach & Scope of Work: Refer to the attached Proposal for Amendment No. 1 to Professional Consultant Services Agreement Funding and Permitting Assistance from Carollo Engineers, Inc. dated April 10, 2024.
Timeline and Fee Proposal: Refer to the attached Proposal for Amendment No. 1 to Professional Consultant Services Agreement Funding and Permitting Assistance from Carollo Engineers, Inc. dated April 10, 2024.
Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The payment provided is full compensation for the funding and permit assistance services as mentioned in Attachment A. Carollo Engineers, Inc. shall bill every 30 days. The City shall pay each invoice within 30 days of approval of the invoice until project completion and closeout.
5.B.2
Attachment: Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 1 to PSA with Carollo 1401 Fulton Street, Suite 802
Fresno, California 93721
P. 559-436-6616 / F. 559-436-1191
carollo.com
202089 / Arvin Funding and Permitting Assistance Amendment 1.docx April 10, 2024
Mr. Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Amendment No. 1 to Professional Engineering Services for Funding and Permitting Assistance Contract
Dear Jeff:
Carollo Engineers, Inc. (Carollo) is pleased to provide the City of Arvin (City) with this amendment for preparation of additional permitting assistance services, including additional project management and meetings, additional assistance with sewage connection exception requests, preparation of a California Environmental Quality Act (CEQA) Categorical Exemption for the currently unpermitted land application areas (LAAs) for treated wastewater, preparation of Pond 3 repair design and construction reports, preparation of an updated Title 22 Engineering Report and Notice of Intent (NOI), and preparation of a master plan for effluent storage and disposal. The task numbering is coordinated with the original proposal.
Scope of Work
Carollo’s scope of services, time of completion and compensation shall be as set forth herein.
Task 1 – Project Management and Meetings
Task 1.1 Project Management
Carollo’s Project Manager will manage project budget, prepare monthly progress reports, and coordinate with City staff. This task assumes an additional project duration of 14 months.
Task 1.2 Meetings
Carollo will participate in project, staff, and/or regulatory meetings, as desired by the City. For budgeting purposes, it is assumed that Carollo will attend an additional eight (8) teleconference meetings over the duration of the project, requiring two (2) hours of three (3) team members’ time (each) per meeting.
Task 1 Deliverables:
Monthly invoicing/progress reports.
Meeting notes.
EXHIBIT A 5.B.3
Attachment: Exhibit A Proposal - Amend No. 1 to PSA - Carollo - Arvin Funding and Permit Assistance_051424 (Amend No. 1 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Task 2 – Assistance with Cease and Desist Order Adoption Task 2.3 Sewage Connection Exception Requests
This task includes assisting the City with preparation of exception requests for the Sewage Connection Restriction. This Scope of Services assigns an additional 40 hours of Carollo’s time. An amendment will be prepared if additional effort is needed for this task.
Task 2 Deliverables:
Exception Request letters.
Task 3-4 – No Changes
Task 5 – CEQA Categorical Exemption
Carollo will manage the efforts of hired subconsultant (HELIX Environmental Planning, Inc. [HELIX]) in preparation of the Categorical Exemption for Assessor’s Parcel Numbers (APNs) 189-351-90, 189-351-94, and 446-010-62. We understand that the infrastructure is already in place and that no construction is proposed for the City to continue using the three parcels as LAAs.
HELIX’s preliminary assessment of the proposed project suggests that the project may be suitable for CEQA processing under Section 15301, Existing Facilities, per the CEQA Guidelines. The Categorical Exemption will include a project description as well as supporting qualitative information and geospatial data.
A draft of the Notice of Exemption (NOE) form will be prepared and submitted to the City for review and comment. Following receipt of written comments from the City, HELIX will prepare the final NOE for approval by the Lead Agency’s decision-making body for this project (Planning Commission or City Council). The 30-day statute of limitations will begin following submittal of the NOE by the City to the Kern County Clerk. The NOE is for the Lead Agency file and does not require circulation for public comment.
Task 5 Deliverables:
Draft Notice of Exemption.
Final Notice of Exemption.
Task 6 – Pond 3 Repair Design and Construction Reports
Task 6.1 – Pond Design Report and Work Plan
Carollo will review the 90% Design Drawings prepared by Cannon Engineering (June 2022). Carollo will evaluate whether the pond repair can be completed without lining the bottom of the pond. If there is a change to the current Cannon design for the pond repair, Carollo will prepare a technical report for the Division of Financial Assistance (DFA).
Carollo will prepare a Draft Design Submittal (at an approximate completion of 90%), which will consist of the following:
Cover sheet and general notes.
5.B.3
Attachment: Exhibit A Proposal - Amend No. 1 to PSA - Carollo - Arvin Funding and Permit Assistance_051424 (Amend No. 1 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Site plan including contractor staging areas and access. Pond repair plan, sections, and details.
Front end specifications.
Technical specifications.
Probable opinion of construction cost.
Drawings and specifications will be prepared in Carollo format.
Carollo will coordinate a review workshop with City staff to review the Draft Design Submittal, answer any questions, and collect feedback for the bid set.
Carollo will incorporate City comments from the Draft Design Submittal into a 100% Design (Bid) Submittal, for project advertisement by the City. At this time, Consultant will update the construction cost estimate.
Nelms Surveying will provide surveying of the project site for the project.
Task 6.2 – Pre-Bid Meeting and Bid Support
Carollo will prepare the Notice Inviting Bids for inclusion in the Contract Documents to be dispensed to Builder’s Exchanges (Planet Bids).
Carollo will conduct an in-person pre-bid conference for the prospective bidders on the City's behalf. Minutes from the meeting shall be distributed to all planholders and attendees.
During the bid period, Carollo will receive telephone and email questions from prospective bidders and provide responses as appropriate. A log of all correspondence shall be turned over to the City at the end of the bid period.
Carollo will prepare an addendum to the contract documents for distribution to all planholders. City shall distribute the addendum. The scope assumes a maximum of one (1) addendum will be issued.
Bids shall be reviewed along with the City immediately following bid opening. In conjunction with the City, Carollo will recommend award of contract.
Carollo’s proposed level of effort is based upon a bid period not exceeding six (6) weeks.
Task 6.3 – Engineering Services During Construction
Carollo will review Submittals and Requests for Information (RFIs) during construction from the contractor. It is assumed there will be 15 Submittals and 10 RFIs at an average of six (6) hours for each. It is assumed that City will provide Construction Management and Inspection Services.
Task 6.4 – Construction Quality Assurance Plan
Carollo will prepare a Construction Quality Assurance (CQA) Plan that will discuss pond liner installation and leak testing, leak detection system (if any), and the ponds design life. Carollo will prepare a Draft CQA Plan for City review and will incorporate City comments into a final version for submittal to the Central Valley Regional Water Quality Control Board (RWQCB).
5.B.3
Attachment: Exhibit A Proposal - Amend No. 1 to PSA - Carollo - Arvin Funding and Permit Assistance_051424 (Amend No. 1 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Task 6.5 – Operation, Maintenance, and Monitoring Plan
Carollo will prepare an Operation, Maintenance, and Monitoring (OM&M) Plan that will discuss how the pond will be operated to ensure the pond liner integrity is maintained, including how solids will be removed from the pond. The OM&M Plan will also discuss what type of pond liner monitoring/testing will be conducted (and at what frequency). Carollo will prepare a Draft OM&M Plan for City review and will incorporate City comments into a final version for submittal to the RWQCB.
Task 6.6 – Post Construction Report
Carollo will prepare a Post-Construction Report which will include verification that the pond was constructed as proposed. Carollo will prepare a Draft Post-Construction Report for City review and will incorporate City comments into a final version for submittal to the RWQCB.
Task 6 Deliverables:
Draft Design Submittal.
Draft and Final Construction Cost Estimate.
Bid Submittal.
Pre-Bid Conference meeting minutes.
Bid period correspondence log.
Addendum.
Submittal Responses.
RFI Responses.
Draft Construction Quality Assurance Plan.
Final Construction Quality Assurance Plan.
Draft Operation, Maintenance, and Monitoring Plan.
Final Operation, Maintenance, and Monitoring Plan.
Draft Post Construction Report.
Final Post Construction Report.
Task 7 – Title 22 Engineering Report and Notice of Intent Carollo will review the Title 22 Engineering Report prepared by Cannon Engineering (January 2023). Carollo will prepare an updated Title 22 Engineering Report per the Division of Drinking Water (DDW) Guidelines for the Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water (updated June 2023). Carollo will prepare a NOI for the State Water Resources Control Board (SWRCB) Order WQ-2016-0068- DDW Water Reclamation Requirements for Recycled Water Use (Reclamation General Order). Carollo will assist the City in coordinating with the regulatory agencies regarding review and approval of the Engineering Report and NOI.
5.B.3
Attachment: Exhibit A Proposal - Amend No. 1 to PSA - Carollo - Arvin Funding and Permit Assistance_051424 (Amend No. 1 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Task 7.1 Title 22 Engineering Report
Carollo will prepare a Title 22 Engineering Report that addresses RWQCB comments. Carollo will prepare a Draft Engineering Report for City review and will incorporate City comments into a final version for submittal to the RWQCB and DDW.
Task 7.2 Notice of Intent
Carollo will prepare a Draft NOI for City review and will incorporate City comments into a final version for submittal to the RWQCB and DDW. The NOI will be submitted to the RWQCB and DDW once DDW has approved the Title 22 Engineering Report.
Task 7 Deliverables:
Draft Title 22 Engineering Report.
Final Title 22 Engineering Report.
Draft Notice of Intent
Final Notice of Intent.
Task 8 – Effluent Storage and Disposal Master Plan
The RWQCB did not find that Stantec’s 2019 Wastewater Treatment Facility (WWTF) Master Plan adequately described plans for disposal of wastes in the long-term. Carollo will prepare an Effluent Storage and Disposal Master Plan technical report package for submittal to the RWQCB to address this and RWQCB comments from the March 27, 2024, meeting. The Final Effluent Storage and Disposal Master Plan will be included as an appendix to the Final Revised Report of Waste Discharge.
Task 8 Deliverables:
Draft Effluent Storage and Disposal Master Plan.
Final Effluent Storage and Disposal Master Plan.
Final Revised Report of Waste Discharge.
Schedule
A schedule will be developed upon Notice To Proceed (NTP) for the City to review.
Compensation
Carollo’s compensation for the proposed basic services will not exceed four hundred and eight thousand six hundred dollars ($408,600), as summarized below, without prior authorization from the City. These costs are developed in the attached Exhibit A, utilizing Carollo’s current Fee Schedule.
5.B.3
Attachment: Exhibit A Proposal - Amend No. 1 to PSA - Carollo - Arvin Funding and Permit Assistance_051424 (Amend No. 1 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Table 1 Basic Services Tasks
Description Fee
Task 1 – Project Management and Meetings $20,400
Task 2 – Assistance with Cease and Desist
Order Adoption
$11,100
Task 5 – CEQA Categorical Exemption $10,100
Task 6 – Pond 3 Repair Design and
Construction Reports
$247,400
Task 7 – Title 22 Engineering Report and
Notice of Intent
$77,400
Task 8 – Effluent Storage and Disposal
Master Plan
$42,200
Assumptions
The following assumptions were made in the preparation of this Scope of Services:
Meetings will be conducted by phone/video conference. All submittals via electronic media (pdf, email). Reproduction (printing) of deliverables is not included. Except two half-size hardcopies of the 90% Design deliverable. City will manage the sale and distribution of Contract Documents during the bid-phase period. Construction management and inspection services during construction are not included in the Scope of Services. Consultant will provide a future separate proposal for these services, if requested. The City will file the NOE with the State Clearinghouse and Kern County Clerk, along with payment of all necessary filing fees, as needed.
Our team appreciates the opportunity to continue to serve the City. Please do not hesitate to contact us with any questions or concerns you may have regarding this proposal to assist your team.
Sincerely,
CAROLLO ENGINEERS, INC.
Ryan Sellman, PE
Project Manager
Enclosure: Exhibit A (Labor Hour and Cost Proposal)
5.B.3
Attachment: Exhibit A Proposal - Amend No. 1 to PSA - Carollo - Arvin Funding and Permit Assistance_051424 (Amend No. 1 to PSA with TOTAL
Description VP (SP) PM (PP) P CAD WP (C) TOTAL TOTAL Mileage PECE TASK
CAROLLO
HOURS
CAROLLO
LABOR HELIX
NELMS
SURVEYING Miles $0.670 Printing 15.00 $ TOTAL
Task Labor Cost ($/Hr) $338.00 $290.00 $246.00 $190.00 $126.00 COSTS per mile per hour ODCs COSTSTask 1 - Project Management and Meetings
1.1 Project Management 4 14 0 0 0 18 5,412 $ - $ - $ 0 - $ - $ 270 $ 270 $ 5,700 $ 1.2 Meetings 16 16 16 0 0 48 13,984 $ - $ - $ 0 - $ - $ 720 $ 720 $ 14,700 $ Task 1.0 Total 20 30 16 0 0 66 19,396 $ - $ - $ 0 - $ - $ 990 $ 990 $ 20,400 $ Task 2 - Assistance with Cease and Desist Order Adoption
2.3 Sewage Connection Exception Requests 0 16 24 0 0 40 10,544 $ - $ - $ 0 - $ - $ 600 $ 600 $ 11,100 $ Task 2.0 Total 0 16 24 0 0 40 10,544 $ - $ - $ 0 - $ - $ 600 $ 600 $ 11,100 $ Task 5 - CEQA Categorical Exemption 4 6 6 0 0 16 4,568 $ 5,335 $ - $ 0 - $ - $ 240 $ 240 $ 10,100 $ Task 5.0 Total 4 6 6 0 0 16 4,568 $ 5,335 $ - $ 0 - $ - $ 240 $ 240 $ 10,100 $ Task 6 - Pond 3 Repair Design and Construction Reports
6.1 Pond Design Report and Work Plan 40 80 280 190 26 616 144,976 $ - $ 21,450 $ 0 - $ 250 $ 9,240 $ 9,490 $ 175,900 $ 6.2 Pre-Bid Meeting and Bid Support 2 12 8 0 2 24 6,376 $ - $ - $ 220 147 $ - $ 360 $ 507 $ 6,900 $ 6.3 Engineering Services During Construction 8 36 90 16 0 150 38,324 $ - $ - $ 0 - $ - $ 2,250 $ 2,250 $ 40,600 $ 6.4 Construction Quality Assurance Plan 2 6 16 0 4 28 6,856 $ - $ - $ 0 - $ - $ 420 $ 420 $ 7,300 $ 6.5 Operation, Maintenance, and Monitoring Plan 2 6 24 0 4 36 8,824 $ - $ - $ 0 - $ - $ 540 $ 540 $ 9,400 $ 6.6 Post Construction Report 2 6 16 0 4 28 6,856 $ - $ - $ 0 - $ - $ 420 $ 420 $ 7,300 $ Task 6.0 Total 56 146 434 206 40 882 212,212 $ - $ 21,450 $ 220 147 $ 250 $ 13,230 $ 13,627 $ 247,400 $ Task 7 - Title 22 Engineering Report and Notice of Intent
7.1 Title 22 Engineering Report 12 32 64 0 10 118 30,340 $ - $ - $ 0 - $ - $ 1,770 $ 1,770 $ 32,100 $ 7.2 Notice of Intent 12 48 96 0 10 166 42,852 $ - $ - $ 0 - $ - $ 2,490 $ 2,490 $ 45,300 $ Task 7.0 Total 24 80 160 0 20 284 73,192 $ - $ - $ 0 - $ - $ 4,260 $ 4,260 $ 77,400 $ Task 8 - Effluent Storage and Disposal Master Plan 4 30 100 20 10 164 39,712 $ - $ - $ 0 - $ - $ 2,460 $ 2,460 $ 42,200 $ Task 8.0 Total 4 30 100 20 10 164 39,712 $ - $ - $ 0 - $ - $ 2,460 $ 2,460 $ 42,200 $ TOTALS 108 308 740 226 70 1,452 359,624 $ 5,335 $ 21,450 $ 220 147 $ 250 $ 21,780 $ 22,177 $ 408,600 $
EXHIBIT A
City of Arvin
Professional Engineering Services for Funding and Permitting Assistance Amendment No. 1
LABOR HOUR AND COST PROPOSAL
CAROLLO LABOR SUBCONSULTANTS EXPENSES
5.B.3
Attachment: Exhibit A Proposal - Amend No. 1 to PSA - Carollo - Arvin Funding and Permit
Staff Report - PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.
CITY OF ARVIN
Staff Report
Meeting Date: April 25, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of A Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
BACKGROUND:
The City Wastewater Treatment Facility (WWTF) is in receipt of a Tentative Cease and Desist Order and Connection Restriction RS-2023-XXXX (tentative CDO) from the Central Valley Regional Water Quality Control Board (RWQCB). The tentative CDO alleges that the City has violated Waste Discharge Requirements (WDRs) Order No. 5-00-093.
Carollo Engineers, Inc. (Carollo) provided the City of Arvin (City) with the attached proposal for for funding and permitting assistance. Carollo will support the City through adoption of the CDO and with the preparation of the CDO-required Report of Waste Discharge (ROWD). The scope of work also provides support to assist the City with development of a planning grant application package.
The ROWD technical report will include a time schedule for completing necessary repairs and improvements to Pond 3 by no later than two years from the date of adoption of the CDO. The technical report will include detailed design plans, an engineering analysis of existing effluent flows, current WWTF storage and disposal capacities, a determination of how much land application area (LAA) acreage is needed to comply with the WWTF's existing and currently permitted flows, and a time schedule not to exceed two years to obtain the necessary LAA acreage to ensure compliance with the existing WDRs. The technical report will also describe the City's progress towards securing funding necessary to complete the Pond 3 repairs and improvements and an anticipated date for receiving the funding.
A ROWD technical report will also provide for treatment and disposal of wastes in the longterm. The technical report will include a description of the proposed treatment system to be used, proposed disinfection system (if applicable), and a detailed time schedule for completing tasks associated with the planning, design, and construction phases for upgrading the WWTF. The technical report will also describe plans for securing funding necessary for completing the upgrades.
The scope of work also provides funding support for the development of a Planning Grant application for the City under the State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) Small Community Program for a project to bring the WWTF back into compliance with the WDRs.
5.B.4
Attachment: Staff Report PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance_042523 (Amend No. 1 to PSA with Carollo
Staff Report - PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.
STAFF RECOMMENDATION:
Staff recommends approval of the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
FINANCIAL IMPACT:
Not to exceed $137,400
ATTACHMENTS:
- Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
- Proposal from Carollo Engineers, Inc dated April 10, 2023.
5.B.4
Attachment: Staff Report PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance_042523 (Amend No. 1 to PSA with Carollo
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
AGREEMENT NO. 2023-09
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR FUNDING AND PERMITTING ASSISTANCE
BETWEEN
CITY OF ARVIN, CALIFORNIA,
AND
CAROLLO ENGINEERS, INC.
THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF ARVIN (the "City") and Carollo Engineers, Inc. (“Consultant”).
RECITALS
The City requires outside assistance to provide the following services: Engineering services for funding and permitting assistance.
WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise;
WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, the City and Consultant agree as follows:
AGREEMENT
1. TERM OF AGREEMENT.
1.1. This Agreement shall be effective on and from the day, month and year of the execution of this document by the City.
1.2. Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in Attachment A to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide final data, reports, and deliverables as described in Attachment A no later than December 31, 2023, unless an extension of time is mutually agreed to by both parties in writing.
2. CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A).
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
2.1. Consultant shall provide the City with the following services: The specific manner in which the services are to be performed is described in Attachment A which is attached hereto and incorporated herein as though fully set forth at length, collectively hereinafter referred to as “Described Services.”
2.2. Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of Federal, State and Local law.
2.3. Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.
2.4. Consultant shall maintain professional certifications as required to properly comply with all City, State, and Federal law.
2.5. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. If the City, in good faith, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.
2.6. If a license or certification of any kind is required of Consultant, its employees, agents, or subcontractors by federal, state or law and regulation, Consultant warrants that such license has been obtained, is valid and in good standing, and shall keep in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
2.7. Consultant shall provide the City with timely written reports of all significant developments or delays arising during performance of its services.
3. PAYMENT FOR SERVICES (ATTACHMENT A).
3.1. Payment to Consultant to perform its Scope of Work is set forth in Attachment A, attached hereto and incorporated herein. The payments provided in this Section are full compensation for the Scope of Work as described in Attachment A.
3.2. Consultant shall submit monthly bills to the City, describing its services and costs provided during the previous month, based upon percentage of task completed. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant's monthly bills shall include the following information to which such services or costs pertain:
- a description of services performed;
- the date the services were performed;
- the number of hours spent and by whom;
- a description of all costs incurred, and the Consultant's signature.
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Consultant agrees to use every appropriate method to contain fees and costs under this Agreement. Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.
3.3. The amount set forth in Attachment A may be modified or amended only by a written document executed by both Consultant and authorized City representative prior to the performance of the additional work. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
4. SUBCONTRACTING.
4.1. Consultant will not subcontract any portion of its Scope of Work without prior written approval of City. If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors/subconsultants and for the persons either directly or indirectly employed by the subcontractors/subconsultants, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor/subconsultant of Consultant and the City. Consultant will be responsible for payment of subcontractors/subconsultants. Consultant shall bind every subcontractor/subconsultant to the terms of the Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. Consultant agrees that the City is an intended third-party beneficiary of any services agreement entered into between Consultant and any subcontractor or subconsultant.
5. PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT A).
5.1. Attachment A is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein.
Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified herein. In the performance of this Agreement, time is of the essence.
5.2. Consultant shall promptly notify the City of any anticipated or unforeseen delays to the project schedule. Extensions to the project schedule and to this Agreement shall not be made without the prior written approval of the City. All requests for extensions to the project schedule shall be by written request only and submitted to the City prior to the commencement of such work.
5.3. Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant's services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant's time of performance and cost of Consultant's personnel and subcontractors may be made.
6. CHANGES IN WORK AND EXTRA WORK. Consultant shall not change the scope or duration of work or perform work in excess of the Scope of Work without the prior, written
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
approval of the City by an executed Change Order, describing in detail the revision to Scope of Work, revisions in payment and/or time, fully executed by both parties. Failure to obtain a Change Order prior to the commencement of any revision waives Consultant’s right to payment for such additional services.
7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates Jeff Jones, its City Manager, to represent the City in all matters within the scope of this Agreement relating to the conduct and approval of the work to be performed. Whenever the term “approval of City,” “consult with City,” “confer with City,” or similar terms are used, they shall refer to the City Manager. The City Manager may designate an assistant to act in his/her stead.
The CITY shall furnish upon request, without charge, all standard plans and specifications and any other information which the City now has in its files that may be of use to the Consultant.
Consultant shall be entitled to use and reasonably rely upon all such information provided by the City or others in performing Consultant's services under this Agreement.
8. VERBAL AGREEMENT OR CONVERSATION. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever.
9. TERMINATION OF AGREEMENT.
9.1. Termination for Convenience. City may terminate this Agreement for City’s convenience at any time by providing Consultant thirty days written notice. Upon receipt of the notice of termination, Consultant shall immediately take action not to incur any additional obligations, costs or expenses, except as may be necessary to terminate its activities. City shall pay Consultant its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by Consultant to effect the termination. Thereafter, Consultant shall have no further claims against City under this Agreement. All finished and unfinished documents and materials procured for or produced under this Agreement, including all intellectual property rights City is entitled to, shall become City property upon the date of the termination. Consultant agrees to execute any documents necessary for City to perfect, memorialize, or record City’s ownership of rights provided herein.
9.2. Termination for Breach of Agreement.
9.2.1. If Consultant fails to perform any of the provisions of this Agreement or so fails to make progress as to endanger timely performance of this Agreement, City may give Consultant written notice of the default. City’s default notice will indicate whether the default may be cured and the time period to cure the default to the sole satisfaction of City. Additionally, City’s default notice may offer Consultant an opportunity to provide City with a plan to cure the default, which shall be submitted to City within the time period allowed by City. At City’s sole discretion, City may accept or reject Consultant’s plan. If the default cannot be cured or if Consultant fails to cure within
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
the period allowed by City, then City may terminate this Agreement due to Consultant’s breach of this Agreement.
9.2.2. If the default under this Agreement is due to Consultant’s failure to maintain the insurance required under this Agreement, Consultant shall immediately: (1) suspend performance of any services under this Agreement for which insurance was required; and (2) notify its employees and Subconsultants of the loss of insurance coverage and Consultant’s obligation to suspend performance of services. Consultant shall not recommence performance until Consultant is fully insured and in compliance with City’s requirements.
9.2.3. If a federal or state proceeding for relief of debtors is undertaken by or against Consultant, or if Consultant makes an assignment for the benefit of creditors, then City may immediately terminate this Agreement.
9.2.4. If Consultant engages in any dishonest conduct related to the performance or administration of this Agreement or violates City’s laws, regulations or policies relating to lobbying, then City may immediately terminate this Agreement.
9.2.5. Acts of Moral Turpitude
a. Consultant shall immediately notify City if Consultant or any Key Person, as defined below, is charged with, indicted for, convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, any act which constitutes an offense involving moral turpitude under federal, state, or local laws (“Act of Moral Turpitude”). b. If Consultant or a Key Person is convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, an Act of Moral Turpitude, City may immediately terminate this Agreement. c. If Consultant or a Key Person is charged with or indicted for an Act of Moral Turpitude, City may terminate this Agreement after providing Consultant an opportunity to present evidence of Consultant’s ability to perform under the terms of this Agreement.
d. Acts of Moral Turpitude include, but are not limited to: violent felonies as defined by Penal Code Section 667.5, crimes involving weapons, crimes resulting in serious bodily injury or death, serious felonies as defined by Penal Code Section 1192.7, and those crimes referenced in the Penal Code and articulated in California Public Resources Code Section 5164(a)(2); in addition to and including acts of murder, rape, sexual assault, robbery, kidnapping, human trafficking, pimping, voluntary manslaughter, aggravated assault, assault on a peace officer, mayhem, fraud, domestic abuse, elderly abuse, and child abuse, regardless of whether such acts are punishable by felony or misdemeanor conviction.
e. For the purposes of this provision, a Key Person is a principal, officer, or employee assigned to this Agreement, or owner (directly or indirectly, through one or more intermediaries) of ten percent or more of the voting power or equity interests of Consultant.
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
9.2.6. In the event City terminates this Agreement as provided in this section, City may procure, upon such terms and in the manner as City may deem appropriate, services similar in scope and level of effort to those so terminated, and Consultant shall be liable to City for all of its costs and damages, including, but not limited to, any excess costs for such services.
9.2.7. If, after notice of termination of this Agreement under the provisions of this section, it is determined for any reason that Consultant was not in default under the provisions of this section, or that the default was excusable under the terms of this Agreement, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Article 8 Termination for Convenience.
9.2.8. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
9.3. In the event that this Agreement is terminated, Consultant shall immediately notify all employees and Subconsultants, and shall notify in writing all other parties contracted with under the terms of this Agreement within five (5) working days of the termination.
10. COVENANTS AGAINST CONTINGENT FEES. Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, at the City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
11. OWNERSHIP OF DOCUMENTS.
11.1. All computer data, computer drawing files, plans, studies, sketches, drawings, reports, specifications, and all work product produced by Consultant under this Agreement are the property of the City, whether or not the City completes the Scope of Work or proceeds with the project for which such documents are prepared.
11.2. This Agreement creates a nonexclusive and perpetual right or license for City to copy, use, modify, reuse, and sublicense any and all copyrights, designs, and other intellectual property embodied in the writings prepared by Consultant, and Consultant subcontractors, under this Agreement. In the event the City should ever desire to undertake a project or review other proposed projects based upon the documents, the Consultant agrees that the City shall have the right to reuse all or any portion of the documents at no additional compensation to the Consultant.
12. INDEPENDENT CONTRACTOR.
12.1. The Consultant shall perform the services provided for herein in a manner of Consultant's own choice, as an independent contractor and in pursuit of Consultant's
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the Project.
12.2. If the Consultant subcontracts any of the work to be performed under this Agreement pursuant to the terms of this Agreement, Consultant shall be as fully responsible to the City or the acts and omissions of the Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant's work, including indemnity and insurance requirements.
13. HOLD HARMLESS AND INDEMNIFICATION.
13.1. Indemnification - It is understood and agreed that Consultant has the professional skills, experience, and knowledge necessary to perform the work agreed to be performed under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant's work in a skillful and professional manner, and Consultant thus agrees to so perform the work.
13.2. Acceptance by City of the work performed under this Agreement does not operate as a release of said Consultant from such professional responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this Agreement and Consultant agrees that said work can and shall be performed in a fully competent manner.
13.3. Consistent with California Civil Code section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, immediately defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against all claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, subcontractors, subconsultants or agents during the performance this Agreement, or from any violation of any federal, state, or municipal law or ordinance to the extent caused, in whole or in part, by the negligence, reckless, or willful misconduct of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant’s work, excepting only liability arising from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
13.4. Other than in the performance of professional services by a design professional, which law shall be solely as addressed in subparagraph 12.3 above, and to the fullest extent
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against any claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of the performance of this Agreement by Consultant, its officers, employees, agents, subcontractors and subconsultants, excepting only that resulting from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.
13.5. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
13.6. Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to the City or any third party.
Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.
14. ASSIGNMENT OF AGREEMENT. Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City.
15. INSURANCE.
15.1. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement (including all extensions provided), and provide proof thereof that is acceptable to the City the insurance specified in subsections (A) through (F) below with insurers and under forms of insurance satisfactory in all respects to the City.
Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. The Certificate of Insurance shall clearly identify the project name and number in the space labeled “Description of Operations/Locations/Special Items” on the form.
A. Commercial General and Automobile Liability. Consultant, at Consultant's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto).
Each of the following shall be included in the insurance coverage or added as an additional insured endorsement to the policy: City, its officers, employees, agents, and volunteers are to be covered as insured’s as respects each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.
Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A:VII.
B. Professional Liability. Consultant shall obtain, and during the term of this Agreement shall maintain, a policy of professional liability insurance that shall:
i. Be from an insurance company authorized to be in business in the State of California;
ii. Be in an insurable amount of not less than $1,000,000 for each occurrence; and
iii. Provide that the policy shall remain in full force during the full term of this Agreement and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the City from the insurance company.
C. Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Consultant shall be provided with limits not less than one million
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
dollars. In the alternative, Consultant may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City for loss arising from work performed under this Agreement.
D. Deductibles and Self-Insured Retentions. During the period covered by this Agreement, upon express written authorization of City Risk Manager, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The City may condition approval of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
E. Notice of Reduction in Coverage. In the event that any coverage required under subsections (A), (B), or (C) of this section of the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five day after Consultant is notified of the change in coverage.
F. Other Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
i. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ii. Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof;
iii. Terminate this Agreement.
iv. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements.
16. DISPUTES.
16.1. If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
A. Within twenty (20) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the party’s project manager, along with recommended methods of resolution.
B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter.
16.2. If the dispute is not resolved at staff level in accordance with Section 15.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties), the aggrieved party, through its respective project manager shall deliver to the General Manager’s office a letter outlining the dispute for the General Manager’s review.
The receiving party may submit further response, if required, to the General Manager within five (5) City working days thereafter. The General Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.
16.3. If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures.
This provision does not relieve Consultant of its obligation and Consultant is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.
17. CONFLICT OF INTEREST. Consultant warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement.
18. CONSULTANT’S BOOKS AND RECORDS.
18.1. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
18.2. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
18.3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City General Counsel, City Auditor, General Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
18.4. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the General Manager's office. Access to such records and documents shall be granted to any party authorized by Consultant’s representatives, or Consultant’s successor in interest.
19. WRITTEN NOTIFICATION. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Arvin
Attn: City Manager
200 Campus Drive
Arvin, CA 93203
If to Consultant: Carollo Engineers, Inc.
Attn: Ryan Sellman
1401 Fulton Street, Suite 802
Fresno, CA 93721
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.
20. GENERAL PROVISIONS.
20.1. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
20.2. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
20.3. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Kern.
20.4. Time is of the essence with regard to each covenant, condition and provision of this Agreement.
20.5. This Agreement constitutes the entire agreement between the parties with regard to the subject matter herein and supersedes any prior oral and written agreements and understandings between the parties with respect thereto.
20.6. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
20.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.
20.8. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.
20.9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Consultant shall not assign this Agreement or any part thereof to any other entity or individual.
20.10. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
20.11. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Developer under this Agreement.
20.12. The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
to a third party as a result of this Agreement or the performance of Consultant's services hereunder.
21. CONSULTANT'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement.
22. ACCESS AND ACCOMMODATIONS
22.1. Consultant shall comply with the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C.
Section 701 et seq., the Fair Housing Act, and its implementing regulations and any subsequent amendments, and California Government Code Section 11135;
22.2. Consultant shall not discriminate on the basis of disability or on the basis of a person’s relationship to, or association with, a person who has a disability;
22.3. Consultant shall provide reasonable accommodation upon request to ensure equal access to CITY-funded programs, services and activities;
22.4. Construction, if any, will be performed in accordance with the Uniform Federal Accessibility Standards (UFAS), 24 C.F.R. Part 40; and
22.5. The buildings and facilities used to provide services under this Agreement are in compliance with the federal and state standards for accessibility as set forth in the 2010 ADA Standards, California Title 24, Chapter 11, or other applicable federal and state law.
Consultant understands that City is relying upon these certifications and representations as a condition to funding this Agreement. Any subcontract entered into by Consultant for work to be performed under this Agreement must include an identical provision. [Signature Page Follows]
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT A
Scope of Work and
Payment for Services, Project Budget, Project Schedule and Timeline Project Approach & Scope of Work: Refer to attached Proposal to Provide Engineering Services for Funding and Permitting Assistsance from Carollo Engineers, Inc. dated April 10, 2023.
Should the proposed Cease and Desist Order not issue, the scope of work and payment for services, project budget, project schedule, and timeline shall be modified accordingly.
Timeline and Fee Proposal: Refer to attached Proposal to Provide Engineering Services for Funding and Permitting Assistsance from Carollo Engineers, Inc. dated April 10, 2023.
Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The payment provided is full compensation for the funding and permit assistance services as mentioned in Attachment A. Carollo Engineers, Inc. shall bill every 30 days. The City shall pay each invoice within 30 days of approval of the invoice until project completion and close-out.
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with 1401 Fulton Street, Suite 802
Fresno, California 93721
P. 559-436-6616 / F. 559-436-1191
carollo.com
30086 AV001 / Arvin Funding and Permitting Assistance.docx April 10, 2023
Mr. Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Proposal to Provide Professional Engineering Services for Funding and Permitting Assistance Dear Jeff:
Carollo Engineers, Inc. (Carollo) is pleased to provide the City of Arvin (City) with this scope of services for funding and permitting assistance. The City Wastewater Treatment Facility (WWTF) is in receipt of a Tentative Cease and Desist Order and Connection Restriction R5-2023-XXXX (tentative CDO) from the Central Valley Regional Water Quality Control Board (RWQCB). The tentative CDO alleges that the City has violated Waste Discharge Requirements (WDRs) Order No. 5-00-093. We have prepared this proposal to support the City through adoption of the CDO and with the preparation of the CDO-required Report of Waste Discharge. This scope of work also provides support to assist the City with development of a planning grant application package.
Scope of Work
Carollo’s scope of services, time of completion and compensation shall be as set forth herein.
Task 1 – Project Management and Meetings
Task 1.1 Project Management
Carollo’s Project Manager will manage project budget, prepare monthly progress reports, and coordinate with City staff. This task assumes a project duration of eight (8) months.
Task 1.2 Meetings
Carollo will participate in project, staff, and/or RWQCB meetings, as desired by the City. For budgeting purposes, it is assumed that Carollo will attend six (6) teleconference meetings over the duration of the project, requiring two (2) hours of three (3) team members’ time (each) per meeting.
Task 1 Deliverables:
Monthly invoicing/progress reports.
Meeting notes.
Task 2 – Assistance with Cease and Desist Order Adoption Task 2.1 Background Review and RWQCB Board Meeting Preparation This task includes reviewing background information and assisting the City with preparations for the RWQCB Board Meeting on April 28, 2023. This Scope of Services assigns 40 hours of Carollo’s time. An amendment will be prepared if additional effort is needed for this task.
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Carollo will request a meeting with RWQCB staff (see Task 1.2) in advance of the April 28, 2023, Board meeting to discuss CDO provisions and related requirement due dates. Carollo will work with the RWQCB on CDO modifications in an effort to protect the City’s best interest with the adopted CDO.
Task 2.2 Attendance at RWQCB Board Meeting
It is assumed that Carollo will attend the RWQCB Board Meeting on April 28, 2023, requiring two (2) hours of two (2) team members’ time (each) to join via teleconference and requiring six (6) hours of one (1) team members’ time to attend in-person. Carollo will prepare informational slides, as necessary, and will address the Board regarding any items that remain on the list for negotiation following the Task 2.1 discussion with the RWQCB and the City.
Task 3 – Report of Waste Discharge
Carollo will prepare a Report of Waste Discharge (ROWD) technical report package for submittal to the RWQCB in accordance with the adopted CDO requirements. It is assumed the adopted CDO requirements will remain the same as the tentative CDO requirements, which include submittal of:
Signed Form 200.
A technical report and proposed time schedule for implementing short-term measures to bring the WWTF back into compliance with the WDRs. The technical report will include a time schedule for completing necessary repairs and improvements to Pond 3 by no later than two years from the date of adoption of the CDO. The technical report will include detailed design plans, an engineering analysis of existing effluent flows, current WWTF storage and disposal capacities, a determination of how much land application area (LAA) acreage is needed to comply with the WWTF’s existing and currently permitted flows, and a time schedule not to exceed two years to obtain the necessary LAA acreage to ensure compliance with the existing WDRs. The technical report will also describe the City’s progress towards securing funding necessary to complete the Pond 3 repairs and improvements and an anticipated date for receiving the funding. A technical report and proposed time schedule for upgrading the WWTF to provide for treatment and disposal of wastes in the long-term. The technical report will include a description of the proposed treatment system to be used, proposed disinfection system (if applicable), and a detailed time schedule for completing tasks associated with the planning, design, and construction phases for upgrading the WWTF. The technical report will also describe plans for securing funding necessary for completing the upgrades.
It is assumed the RWQCB will provide a minimum three (3) month extension for the due date for the Report of Waste Discharge (due July XX, 2023, per the tentative CDO).
Carollo will prepare a Draft ROWD for City review and will incorporate City comments into a final version for submittal to the RWQCB.
Task 3 Deliverables:
Draft Report of Waste Discharge.
Final Report of Waste Discharge.
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Task 4 – SWRCB CWSRF Planning Grant Application Support The scope of work provides funding support for the development of a Planning Grant application for the City under the State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) Small Community Program for a project to bring the WWTF back into compliance with the WDRs . It is assumed that the City qualifies as a severely Disadvantaged Community and falls under the Small Community Program based on the analyses provided regarding the population served and medium household income (MHI). Confirmation of small community status by the SWRCB is assumed in April 2023.
Task 4.1 Small Community Wastewater Planning Grant Application Carollo will prepare a SWRCB Small Community Program, State Revolving Fund (SRF) Planning Grant Application for the City to complete required planning and design required to move the project towards construction to address permit requirements. Carollo will work with the City, City finance and engineering, and others to identify and obtain necessary project information required to complete the SRF Planning Application.
Carollo will develop a draft Planning Grant Application, including Applicant Information, Project Information, Project Service Area Demographics, Regulatory Information, Water Management and Water Rights Requirements, and Technical Attachments working with the City. Carollo will also compile City-provided financial information for the Planning Grant Application. This financial information includes, but is not limited to, financial statements, cash flow information, service management/operating and joint powers agreements, tax data, and certifications/resolutions. The City will facilitate City Council approval of the required Authorizing Resolution and coordinate required signatures. Carollo will develop the draft and final Planning Grant Application package for City review and, as requested, will submit the final packages to the SWRCB Division of Financial Assistance Financial Assistance Application Submittal Tool (FAAST) portal and notify the State of such submittal.
Carollo will support the City with discussions with the SWRCB regarding the application submittal as well as engage with the State on grant opportunities. Carollo will promptly address SWRCB review questions to keep the SRF Package review on track and will coordinate and communicate with the State during the package review process. Carollo will assist the City with final execution of the funding agreement.
Task 4.2 SRF Plan of Study
Carollo will develop a Plan of Study per CWSRF guidelines as required to support the Planning Grant Application.
The Plan of Study will include an executive summary/overview, system information (including general overview, collection system, system map, treatment facilities, and project area), Project Information (including project scope/details, scope of work to be completed with funding, budget and schedule) and a summary of deliverables including timelines. Carollo will develop a draft Plan of Study for City review and will incorporate City comments into the final Plan of Study.
Task 4 Deliverables:
Draft CWSRF Planning Grant Application.
Final CWSRF Planning Grant Application.
Draft Plan of Study.
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Final Plan of Study.
Schedule
A schedule will be developed upon Notice To Proceed (NTP) for the City to review.
Compensation
Carollo’s compensation for the proposed basic services will not exceed one hundred thirty-seven thousand four hundred dollars ($137,400), as summarized below, without prior authorization from the City. These costs are developed in the attached Exhibit A, utilizing Carollo’s current Fee Schedule.
Table 1 Basic Services Tasks
Description Fee
Task 1 – Project Management and Meetings $13,600
Task 2 – Assistance with Cease and Desist
Order Adoption
$16,300
Task 3 – Report of Waste Discharge $80,900
Task 4 – SWRCB CWSRF Planning Grant
Application Support
$26,600
Assumptions
The following assumptions were made in the preparation of this Scope of Services:
Meetings will be conducted by phone/video conference. All submittals via electronic media (pdf, email). Reproduction (printing) of deliverables is not included. No subsurface utility exploration (potholing), geotechnical investigation, or site survey will be required for development of detailed design plans for Pond 3 repair. City will provide financial information and background information for Carollo to apply for the planning grant.
Exclusions
This scope has the following project exclusions:
Construction of Pond 3 repairs and identified WWTF upgrades. Construction of Pond 3 repairs and identified WWTF upgrades, including preparation of the final construction report, are not included in the current scope of work. Carollo will work with the City in scoping this effort upon request. Design and construction of identified WWTF upgrades. Design and construction of identified WWTF upgrades are not included in the current scope of work. Carollo will work with the City in scoping this effort upon request.
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Our team appreciates the opportunity to serve the City. Please do not hesitate to contact us with any questions or concerns you may have regarding this proposal to assist your team.
Sincerely,
CAROLLO ENGINEERS, INC.
Ryan Sellman, PE
Project Manager
Enclosure: Exhibit A (Labor Hour and Cost Proposal)
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 1 to PSA with
SUBCONSULTANTS TOTAL
Description VP (SP) PM (PP) P CAD WP (C) TOTAL TOTAL Mileage PECE TASK
CAROLLO
HOURS
CAROLLO
LABOR Miles $0.625 Printing 14.00 $ TOTAL
Task Labor Cost ($/Hr) $322.00 $276.00 $234.00 $180.00 $119.00 COSTS per mile per hour ODCs COSTS Task 1 - Project Management and Meetings
1.1 Project Management 2 8 0 0 0 10 2,852 $ - $ 0 -$ - $ 140 $ 140 $ 3,000 $
1.2 Meetings 12 12 12 0 0 36 9,984 $ - $ 220 138 $ - $ 504 $ 642 $ 10,600 $ Task 1.0 Total 14 20 12 0 0 46 12,836 $ - $ 220 138 $ - $ 644 $ 782 $ 13,600 $ Task 2 - Assistance with Cease and Desist Order Adoption
2.1 Background Review and RWQCB Board Meeting Preparation 8 16 24 0 0 48 12,608 $ - $ 0 -$ - $ 672 $ 672 $ 13,300 $
2.2 Attendance at RWQCB Board Meeting 2 6 2 0 0 10 2,768 $ - $ 220 138 $ - $ 140 $ 278 $ 3,000 $ Task 2.0 Total 10 22 26 0 0 58 15,376 $ - $ 220 138 $ - $ 812 $ 950 $ 16,300 $ Task 3 - Report of Waste Discharge 12 60 200 40 16 328 76,328 $ - $ 0 -$ - $ 4,592 $ 4,592 $ 80,900 $ Task 3.0 Total 12 60 200 40 16 328 76,328 $ - $ 0 -$ - $ 4,592 $ 4,592 $ 80,900 $ Task 4 - SWRCB CWSRF Planning Grant Application Support
4.1 Small Community Wastewater Planning Grant Application 4 30 24 0 4 62 15,660 $ - $ 0 -$ - $ 868 $ 868 $ 16,500 $
4.2 SRF Plan of Study 4 8 24 0 4 40 9,588 $ - $ 0 -$ - $ 560 $ 560 $ 10,100 $ Task 4.0 Total 8 38 48 0 8 102 25,248 $ - $ 0 -$ - $ 1,428 $ 1,428 $ 26,600 $ TOTALS 44 140 286 40 24 534 129,788 $ - $ 440 275 $ - $ 7,476 $ 7,751 $ 137,400 $
EXHIBIT A
City of Arvin
Professional Engineering Services for Funding and Permitting Assistance
LABOR HOUR AND COST PROPOSAL
CAROLLO LABOR EXPENSES
5.B.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers,
CITY OF ARVIN
Staff Report
Meeting Date: May 14, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: City Council of the City Arvin Review and Public Comment Opportunity for the Bureau of Justice Assistance 2023 Edward Byrne Memorial Justice Assistance Grant (JAG).
BACKGROUND:
In August 2023 the Arvin Police Department applied for and was awarded a grant from the Edwards Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $ 15,831.
The funds will be used to contract for the Evergreen Mass Notification System in the amount of $9,600 and the remaining balance of $6,231 will be used towards the purchase of two Panasonic Toughbook computers.
In order to comply with the grant terms the grant application must be submitted to its governing body for review, an opportunity to comment on the application and amendments thereto must be made available for public comment, and 30 days must past before the Mayor signs the required certificates and assurance that the application was made available for public comment. A complete copy of the application has been posted to the City Council agenda dated May 14, 2024. A copy of the application will be made available for review at the City Clerk’s Office at Arvin City Hall, 200 Campus Drive, Arvin, CA.
STAFF RECOMMENDATION:
Staff recommends that the Council review the Byrne application and allow for public comments.
FINANCIAL IMPACT:
The City of Arvin will have a small contribution share for the balance of one of the Panasonic computers in the amount of $1,799.
ATTACHMENTS:
Application for the Edward Byrne Memorial Justice Assistance Grant Program (2023)
5.C.1
Attachment: Staff Report Byrne 05.14.24 (City Council Review of and Public Comment of Edward Byrne Grant) U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Approved: OMB No. 1121-0329
Expires 12/31/2023
Background
Recipients’ financial management systems and internal controls must meet certain requ uding those set out in the “Part 200 Uniform Requirements” (2.C.F.R. Part 2800).
Including at a minimum, the financial management system of each OJP award recipient must provide for the following:
(1)Identification, in its accounts, of all Federal awards received and expended and the Federal programs under which they were received. Federal program and Federal award identification must include, as applicable, the CFDA title and number, Federal award identification number and year, and the name of the Federal agency. (2)Accurate, current, and complete disclosure of the financial results of each Federal award or program. (3)Records that identify adequately the source and application of funds for Federally-funded activities. These records must contain information pertaining to Federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income, and interest, and be supported by source documentation. (4)Effective control over, and accountability for, all funds, property, and other assets. The recipient must adequately safeguard all assets and assure that they are used s olely for authorized purposes. (5)Comparison of expenditures with budget amounts for each Federal award. (6)Written procedures to document the receipt and disbursement of Federal funds including procedures to minimize the time elapsing between the transfer of funds from the United States Treasury and the disbursement by the OJP recipient.
(7)Written procedures for determining the allowability of costs in accordance with both the terms and conditions of the Federal award and the cost principles to apply to the Federal award. (8)Other important requirements related to retention requirements for records, use of open and machine readable formats in records, and certain Federal rights of access to award-related records and recipient personnel.
irements, incl
1. Name of Organization and Address:
Organization Name:
Street1:
Street2:
City:
State:
Zip Code:
2. Authorized Representative’s Name and Title:
Prefix:
First Name:
Middle Name:
Last Name: Suffix:
Title:
3. Phone: 4. Fax:
5. Email:
6. Year Established: 7. Employer Identification Number (EIN): 8. Unique Entity Identifier (UEI) Number:
9. a) Is the applicant entity a nonprofit organization (including a nonprofit institution of higher education) as described in 26 U.S.C. 501(c)(3) and exempt from taxation under 26 U.S.C. 501(a)? Yes No If "No" skip to Question 10.
If "Yes", complete Questions 9. b) and 9. c).
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Approved: OMB No. 1121-0329
Expires 12/31/2023
AUDIT INFORMATION
9. b) Does the applicant nonprofit organization maintain offshore accounts for the purpose of avoiding paying the tax described in 26 U.S.C. 511(a)?
9. c) With respect to the most recent year in which the applicant nonprofit organization was required to file a tax return, does the applicant nonprofit organization believe (or assert) that it satisfies the requirements of 26 C.F.R. 53.4958-6 (which relate to the reasonableness of compensation of certain individuals)? If "Yes", refer to “Additional Attachments” under “What An Application Should Include” in the OJP solicitation (or application guidance) under which the applicant is submitting its application. If the solicitation/guidance describes the “Disclosure of Process related to Executive Compensation,” the applicant nonprofit organization must provide -- as an attachment to its application -- a disclosure that satisfies the minimum requirements as described by OJP.
For purposes of this questionnaire, an “audit” is conducted by an independent, external auditor using generally accepted auditing standards (GAAS) or Generally Governmental Auditing Standards (GAGAS), and results in an audit report with an opinion.
10. Has the applicant entity undergone any of the following types of audit(s)(Please check all that apply):
“Single Audit” under OMB A-133 or Subpart F of 2 C.F.R. Part 200 Financial Statement Audit
Defense Contract Agency Audit (DCAA) Other Audit & Agency (list type of audit):
None (if none, skip to question 13)
11. Most Recent Audit Report
Issued: Within the last Within the last Over 2 years ago N/A 12 months 2 years
Name of Audit Agency/Firm:
AUDITOR'S OPINION
Unqualified Opinion Qualified Opinion Disclaimer, Going Concern N/A: No audits as or Adverse Opinions described above
Enter the number of findings (if none, enter "0":
Enter the dollar amount of questioned costs (if none, enter "$0"):
Were material weaknesses noted in the report or opinion? Yes No
13. Which of the following best describes the applicant entity's accounting system:
ACCOUNTING SYSTEM
Manual Automated Combination of manual and automated
14. Does the applicant entity's accounting system have the capability to Yes No Not Sure identify the receipt and expenditure of award funds separately for each Federal award?
15. Does the applicant entity's accounting system have the capability to Yes No Not Sure record expenditures for each Federal award by the budget cost categories shown in the approved budget?
16. Does the applicant entity's accounting system have the capability to Yes No Not Sure record cost sharing ("match") separately for each Federal award, and maintain documentation to support recorded match or cost share?
Yes No
Yes No
12. On the most recent audit, what was the auditor’s opinion?
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Approved: OMB No. 1121-0329
Expires 12/31/2023
17. Does the applicant entity's accounting system have the capability to Yes Not Sure accurately track employees actual time spent performing work for each federal award, and to accurately allocate charges for employee salaries and wages for each federal award, and maintain records to support the actual time spent and specific allocation of charges associated with each applicant employee?
18. Does the applicant entity’s accounting system include budgetary controls Yes No
Not Sure to preclude the applicant entity from incurring obligations or costs that exceed the amount of funds available under a federal award (the total amount of the award, as well as the amount available in each budget cost cate gory)?
19. Is applicant entity familiar with the "cost principles" that apply to recent No
Not Sure
and future federal awards, including the general and specific principles set out in 2 C.F.R Part 200? Yes No
PROPERTY STANDARDS AND PROCUREMENT STANDARDS
20. Does the applicant entity’s property management system(s) maintain the No Not Sure following information on property purchased with federal award funds (1) a Yes description of the property; (2) an identification number; (3) the source of funding for the property, including the award number; (4) who holds title; (5) acquisition date; (6) acquisition cost; (7) federal share of the acquisition cost; (8) location and condition of the property; (9) ultimate disposition information?
21. Does the applicant entity maintain written policies and procedures for Not Sure procurement transactions that -- (1) are designed to avoid unnecessary or duplicative purchases; (2) provide for analysis of lease versus purchase alternatives; (3) set out a process for soliciting goods and services, and (4) include standards of conduct that address conflicts of interest ?
22. a) Are the applicant entity’s procurement policies and procedures Yes No Not Sure designed to ensure that procurements are conducted in a manner that provides full and open competition to the extent practicable, and to avoid practices that restrict competition?
22. b) Do the applicant entity's procurement policies and procedure s require Yes No Not Sure documentation of the history of a procurement, including the rationale for the method of procurement, selection of contract type, selection or rejection of contractors, and basis for the contract price?
23. Does the applicant entity have written policies and procedures designed Yes No Not Sure to prevent the applicant entity from entering into a procurement contract under a federal award with any entity or individual that is suspended or debarred from such contracts, including provisions for checking the “Excluded Parties List” system (www.sam.gov) for suspended or debarred sub-grantees and contractors, prior to award? Yes No
TRAVEL POLICY
24. Does the applicant entity:
No (a) maintain a standard travel policy? Yes
(b) adhere to the Federal Travel Regulation (FTR)? Yes
SUBRECIPIENT MANAGEMENT AND MONITORING
No
Yes No Not Sure
N/A - Applicant does not make
25. Does the applicant entity have written policies, procedures, and/or guidance designed to ensure that any subawards made by the applicant entity under a federal award -- (1) clearly document applicable federal requirements, (2) are appropriately monitored by the applicant, and (3) comply with the requirements in 2 CFR Part 200 (see 2 CFR 200.331)? subawards under any OJP awards
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant)
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Approved: OMB No. 1121-0329
Expires 12/31/2023
26. Is the applicant entity aware of the differences between subawards under No Not Sure federal awards and procurement contracts under federal awards, including the different roles and responsibilities associated with each? N/A - Applicant does not make subawards under any OJP
awards
27. Does the applicant entity have written policies and procedures designed Yes
Not Sure
to prevent the applicant entity from making a subaward under a federal award to any entity or individual is suspended or debarred from such N/A - Applicant does not make subawards? subawards under any OJP
awards
Yes No
DESIGNATION AS 'HIGH-RISK' BY OTHER FEDERAL AGENCIES
28. Is the applicant entity designated “high risk” by a federal grant-making Yes No Not Sure agency outside of DOJ? (High risk includes any status under which a federal awarding agency provides additional oversight due to the applicant's past performance, or other programmatic or financial concerns with the applicant.) If "Yes", provide the following:
(a) Name(s) of the federal awarding agency:
(b) Date(s) the agency notified the applicant entity of the "high risk" designation:
(c) Contact information for the "high risk" point of contact at the federal agency:
Name:
Phone:
Email:
(d) Reason for "high risk" status, as set out by the federal agency:
CERTIFICATION ON BEHALF OF THE APPLICANT ENTITY
(Must be made by the chief executive, executive director, chief financial officer, designated authorized representative ("AOR"), or other official with the requisite knowledge and authority) On behalf of the applicant entity, I certify to the U.S. Department of Justice that the information provided above is complete and correct to the best of my knowledge. I have the requisite authority and information to make this certification on behalf of the applicant entity.
Name: Date:
Title: Executive Director Chief Financial Officer Chairman Other:
Phone:
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLIn… 1/16 Project Title
To implement a city wide mass
notification and alerting platform and
to upgrade outdated policing
equipment.
Federal Estimated Funding
(Federal Share)
15831.0
Total Estimated Funding
15831.0
No items
Proposed Project Start Date
9/4/23
Applicant Estimated Funding
(Non-Federal Share)
0.0 Proposed Project End Date
7/8/24
Program Income Estimated
Funding
0.0 Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
——
Type of Applicant 3: Select Applicant Type:
——
Other (specify):
——
Standard Applicant Information
Project Information
Areas Affected by Project (Cities, Counties, States, etc.) Type Of Applicant
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLIn… 2/16 Application POC Prefix
Name
——
Application POC First Name
Christine
Application POC Middle
Name
——
Application POC Last Name
Busby
Application POC Suffix
Name
——
Organizational Affiliation
——
Title
——
Email ID
[email protected]
Phone Number Fax Number
——
ORINumber
——
Is Application Subject to Review by State Under Executive Order 12372? a. This application was made available to the State under the Executive Order 12372 Process for review on:
State Review Available Date
08/16/2023
Is the Applicant Delinquent on Federal Debt?
No
Application Submitter Contact Information
Executive Order and Delinquent Debt Information
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLIn… 3/16 Name
Form SF424_4_0-V4.0.pdf
Date Added
8/16/23
Name
Form SFLLL_2_0-V2.0.pdf
Date Added
8/16/23
Name
GrantApplication.xml
Date Added
8/16/23
Authorized Representative
Prefix Name
——
First Name
Christine
Middle Name
V
Last Name
Busby
Suffix Name
——
Title
Grants Manager
Verify Legal Name, Doing Business As, and Legal Address Legal Name
ARVIN, CITY OF
Doing Business As
UEI
The legal name + Doing Business As (DBA) and legal address define a unique entity in the system as represented in its entity profile. The profile legal name and address is applicable to ALL applications and awards associated to this fiscal agent.
SF424 Attachments (3)
Authorized Representative Information
Legal Addess
Certification
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLIn… 4/16
1. If this information is correct confirm/acknowledge to continue with completion of this application.
I confirm this is the correct entity.
Signer Name
Christine Busby
Certification Date / Time
08/30/2023 07:33 PM
2. If the information displayed does not accurately represent the legal entity applying for federal assistance:
a. Contact your Entity Administrator.
b. Contact the System for Award Management (SAM.gov) to update the entity legal name/address.
3. If the above information is not the entity for which this application is being submitted, Withdraw/Delete this application. Please initiate a new application in Grants.gov with using the correct UEI/SAM profile.
The City of Arvin is submitting a formal application for funding in the amount of $15,831 through the Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation to address critical public safety needs.
This proposal primarily aims to implement a city-wide emergency notification system—Everbridge Mass Notification System—over a three-year time frame at a cost of $3,200 per year. Additionally, we propose the acquisition of Panasonic Toughbooks CS33, priced at $4,000 each, to modernize our police vehicles’ onboard computing capabilities.
Our small Police Department, constrained by limited resources, has felt the need for an efficient mass notification system for years. This requirement was underscored during a major gas leak incident in the city where an effective alert system could have dramatically improved emergency response and citizen safety.
The Everbridge Mass Notification System will enable us to communicate crucial information swiftly in emergency situations, embracing 21st-century fundamentals of police transparency. Until now, emergency notifications have been disseminated by word of mouth, which has proven to be inefficient and has sometimes led to chaos and misinformation.
On the technological front, updating our police cars with Panasonic Toughbooks CS33 will enhance our department's operational efficiency. These rugged computers are designed to withstand the challenges of fieldwork, thereby assisting our officers in executing their duties more effectively.
Proposal Abstract
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLIn… 5/16 fieldwork, thereby assisting our officers in executing their duties more effectively.
The proposed initiatives align perfectly with Arvin's broader vision of building a safer, more transparent, and technologically advanced public safety infrastructure. By implementing these measures, we are not only aiming to upgrade our Police Department but also fortifying the trust and sense of safety among our residents. Given the history and the urgent need for modernized, fast-response solutions, this grant is vital for Arvin’s community well-being and public safety.
Name
Arvin Byrne
Proposal Narrative
8_30.pdf
Category
Proposal Narrative
Created by
Christine Busby
Applicati
on
Number
——
Date
Added
08/30/202
3 Name
BDW.XLSM
Category
Budget Worksheet
and Budget
Narrative
(attachment)
Created by
Christine Busby
Applicati
on
Number
——
Date
Added
08/30/20
23 Name
Arvin Byrne Budget
Narrative.pdf
Category
Budget Worksheet
and Budget
Narrative
(attachment)
Created by
Christine Busby
Applicati
on
Number
——
Date
Added
08/30/20
23 No documents have been uploaded for Indirect Cost Rate Agreement Proposal Narrative
Budget and Associated Documentation
Budget Summary
Budget / Financial Attachments
Budget Worksheet and Budget Narrative
Indirect Cost Rate Agreement
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLIn… 6/16 Name
FinancialCapabilityArvin.pdf
Category
Financial
Management and
System of Internal
Controls
Questionnaire
(including applicant
disclosure of highrisk status)
Created by
Christine Busby
Applicati
on
Number
——
Date
Added
08/30/20
23 No documents have been uploaded for Disclosure of Process Related to Executive Compensation No documents have been uploaded for Additional Attachments Budget and Associated Documentation
Year 1 Total
Personnel $0.00
Fringe
Benefits
$0.00
Travel $0.00
Equipment $0.00
Supplies $0.00
Constructi
on
$0.00
SubAward
s
$0.00
Procureme
nt
Contracts
$0.00
Other
Costs
$0.00
Total $0.00
Financial Management Questionnaire (Including applicant disclosure of high-risk status)
Disclosure of Process Related to Executive Compensation Additional Attachments
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLIn… 7/16 Direct
Costs
Indirect
Costs
$0.00
Total
Project
Costs
$0.00
Total
Project
Cost
Breakdown
Total Percentage
Federal
Funds
$0.00 0.00%
Match
Amount
$0.00 0.00%
Program
Income
Amount
$0.00 0.00%
Please note: After completing this budget detail summary, please confirm that the following final values entered in this section are identical to those entered in the corresponding estimated cost section of the Standard Applicant Information. Specifically, the following must be equivalent. If they are not, you will not be able to submit this application until they are updated to be equivalent.
Standard Applicant Information Equals Budget Summary
Total Estimated Funding = Total Project Costs
Federal Estimated Funding (federal share) = Federal Funds Applicant Estimated Funding (non-federal
share)
= Match Amount
Program Income Estimated Funding = Program Income Amount
DOES THIS BUDGET CONTAIN CONFERENCE COSTS WHICH IS DEFINED BROADLY TO INCLUDE MEETINGS, RETREATS, SEMINARS, SYMPOSIA, AND TRAINING ACTIVITIES? —— No documents have been uploaded for Research and Evaluation Independence and Integrity Statement Additional Application Components
Research and Evaluation Independence and Integrity Statement
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLIn… 8/16 Disclosure of Lobbying Activities
Name
Form SFLLL_2_0-
V2.0.pdf
Category
LobbyingActivities
Disclosure
Created by
——
Applicati
on
Number
——
No. [Applicant Name on SF-424] does not have (and is not proposed as a subrecipient under) any pending applications submitted within the last 12 months for federally funded grants or cooperative agreements (or for subawards under federal grants or cooperative agreements) that request funding to support the same project being proposed in this application to OJP and that would cover any identical cost items outlined in the budget submitted as part of this application.
OMB APPROVAL NUMBER 1121-0140
EXPIRES 05/31/2019
U.S. DEPARTMENT OF JUSTICE
CERTIFIED STANDARD ASSURANCES
No documents have been uploaded for Research and Evaluation Independence and Integrity Statement No documents have been uploaded for Additional Attachments Additional Attachments
Disclosures and Assurances
Disclosure of Duplication in Cost Items
DOJ Certified Standard Assurances
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLIn… 9/16
CERTIFIED STANDARD ASSURANCES
On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Department"), that all of the following are true and correct:
(1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly.
(3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application--
a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award;
b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and
c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition-- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and
42.204.
(5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLI… 10/16 ( ) pp p y ( q p
and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands). (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application. (8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to an institution of higher education (as defined at 34 U.S.C. § 10251(a) (17)), I assure that, if any award funds actually are made available to such an institution, the Applicant will require that, throughout the period of performance-- a. each such institution comply with any requirements that are imposed on it by the First Amendment to the Constitution of the United States; and b. subject to par. a, each such institution comply with its own representations, if any, concerning academic freedom, freedom of inquiry and debate, research independence, and research integrity, at the institution, that are included in promotional materials, in official statements, in formal policies, in applications for grants (including this award application), for accreditation, or for licensing, or in submissions relating to such grants, accreditation, or licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public. (9) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application--
a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. (10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with applicable law--including, but not limited to, the Indian SelfDetermination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11). (11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require.
I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General.
Please Acknowledge
Signed
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLI… 11/16 SignerID
[email protected]
Signing Date / Time
8/30/23 7:32 PM
U.S. DEPARTMENT OF JUSTICE
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS; LAW
ENFORCEMENT AND COMMUNITY POLICING
Applicants should refer to the regulations and other requirements cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations or other cited requirements before completing this form. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the U.S. Department of Justice (“Department”) determines to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies and assures (to the extent applicable) the following:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;
(b) If the Applicant’s request for Federal funds is in excess of $100,000, and any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the Applicant shall complete and submit Standard Form - LLL, “Disclosure of Lobbying Activities” in accordance with its (and any DOJ awarding agency’s) instructions; and DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements; Law Enforcement and Community Policing
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLI… 12/16 Lobbying Activities in accordance with its (and any DOJ awarding agency s) instructions; and (c) The Applicant shall require that the language of this certification be included in the award documents for all subgrants and procurement contracts (and their subcontracts) funded with Federal award funds and shall ensure that any certifications or lobbying disclosures required of recipients of such subgrants and procurement contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other related requirements, the Applicant certifies, with respect to prospective participants in a primary tier “covered transaction,” as defined at 2 C.F.R. § 2867.20(a), that neither it nor any of its principals--
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) has within a three-year period preceding this application been convicted of a felony criminal violation under any Federal law, or been convicted or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, tribal, or local) transaction or private agreement or transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects its (or its principals’) present responsibility;
(c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, tribal, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and/or
(d) has within a three-year period preceding this application had one or more public transactions (Federal, State, tribal, or local) terminated for cause or default.
B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. Where the Applicant or any of its principals was convicted, within a three-year period preceding this application, of a felony criminal violation under any Federal law, the Applicant also must disclose such felony criminal conviction in writing to the Department (for OJP Applicants, to OJP at [email protected]; for OVW Applicants, to OVW at [email protected]; or for COPS Applicants, to COPS at [email protected]), unless such disclosure has already been made.
3. FEDERAL TAXES
A. If the Applicant is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to the Department (for OJP Applicants, to OJP at [email protected]; for OVW Applicants, to OVW at [email protected]; or for COPS Applicants, to COPS at [email protected]).
B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application.
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLI… 13/16
4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650:
A. The Applicant certifies and assures that it will, or will continue to, provide a drug-free workplace by-- (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace;
(2) The Applicant’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the award, the employee will--
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of the employee’s conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the Department, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title of any such convicted employee to the Department, as follows:
For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530; For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice Programs, ATTN:
Control Desk, 810 7th Street, N.W., Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected award; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
5. LAW ENFORCEMENT AGENCY CERTIFICATION REQUIRED UNDER DEPARTMENT OF JUSTICE DISCRETIONARY GRANT PROGRAMS (“SAFE POLICING CERTIFICATION”)
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLI… 14/16 If this application is for a discretionary award pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to a State, local, college, or university law enforcement agency, the Applicant certifies that any such law enforcement agency to which funds will be made available has been certified by an approved independent credentialing body or has started the certification process. To become certified, a law enforcement agency must meet two mandatory conditions:
(a) the agency’s use of force policies adhere to all applicable federal, State, and local laws; and (b) the agency’s use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law.
For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO .
The Applicant acknowledges that compliance with this safe policing certification requirement does not ensure compliance with federal, state, or local law, and that such certification shall not constitute a defense in any federal lawsuit. Nothing in the safe policing certification process or safe policing requirement is intended to be (or may be) used by third parties to create liability by or against the United States or any of its officials, officers, agents or employees under any federal law. Neither the safe policing certification process nor the safe policing certification requirement is intended to (or does) confer any right on any third-person or entity seeking relief against the United States or any officer or employee thereof. No person or entity is intended to be (or is) a third-party beneficiary of the safe policing certification process, or, with respect to the safe policing certification requirement, such a beneficiary for purposes of any civil, criminal, or administrative action.
6. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING
PROGRAMS
As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c)(5), if this application is for a COPS award, the Applicant certifies that there has been appropriate coordination with all agencies that may be affected by its award. Affected agencies may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or correctional agencies.
I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department’s awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General.
Please Acknowledge
Certified
SignerID
[email protected]
Signing Date / Time
8/30/23 7:33 PM
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLI… 15/16 Other Disclosures and Assurances
Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable) No documents have been uploaded for Other Disclosures and Assurances Declaration and Certification to the U.S. Department of Justice as to this Application Submission By [taking this action], I --
1. Declare the following to the U.S. Department of Justice (DOJ), under penalty of perjury: (1) I have authority to make this declaration and certification on behalf of the applicant; (2) I have conducted or there was conducted (including by the applicant’s legal counsel as appropriate, and made available to me) a diligent review of all requirements pertinent to and all matters encompassed by this declaration and certification.
2. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this application submission: (1) I have reviewed this application and all supporting materials submitted in connection therewith (including anything submitted in support of this application by any person on behalf of the applicant before or at the time of the application submission and any materials that accompany this declaration and certification); (2) The information in this application and in all supporting materials is accurate, true, and complete information as of the date of this request; and (3) I have the authority to submit this application on behalf of the applicant.
3. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Please Acknowledge
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) 8/30/23, 4:34 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProcessURLI… 16/16 Please Acknowledge
Signed
SignerID
[email protected]
Signing Date / Time
8/30/23 7:33 PM
No documents have been uploaded for Other
Certified
Other
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) Budget Narrative
The Department is poised to allocate the full permissible amount of this award towards implementation of a City Wide Notification System and Updating Patrol Car Computers. The annual cost of the Evergreen City Wide notification system will total to $3,200, while each Panasonic Toughbook 33 computer costs $4,000. The city plans on using the allocated funds to hold a three year contract with Everbridge for their Mass Notification System and contribute the remaining funds to purchasing two Panasonic Toughbook Computers.
The total cost for a three year contract for the Evergreen Mass Notification System would total: 3 years x $3,200= $9,600. This is a priority for the city since they currently do not have a mass notification system in place and find that this is a necessary function to ensure the safety of the citizens of Arvin in the case of an emergency.
The remaining $6,231 will be used toward purchasing the Panasonic Toughbook computers which cost $4,000 per unit. The remaining funds will be able to cover 100% of the cost of 1 computer while $2,231 remains. These funds will go toward the purchase of a second Panasonic Toughbook computer, resulting in the City of Arvin covering the remaining $1,779 to obtain both the Everbridge Mass Notification System and two Panasonic Toughbook Computers.
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) Introduction
Located in California, the city of Arvin, with its population of around 19,495, is notably smaller than many of its neighboring cities. This tight-knit community faces unique socio-economic challenges; 27.9% of its residents live in poverty, and the median household income stands at $42,961—almost half of California's median of $84,097. Given this economic backdrop, it is crucial for the Arvin Police Department to employ cost-effective, high-impact solutions for public safety and transparency. This proposal aims to modernize the department by implementing a city-wide Emergency Notification System through Everbridge Mass Notification System and by updating patrol car computers with Panasonic Toughbooks CS33.
Need for the Project
Emergency Notification System
Arvin's financial constraints, combined with a past incident of a significant gas leak, underline the dire necessity for a swift and efficient public notification system. The absence of a mass notification system has often led to chaos and misinformation, a risk that is particularly acute in economically challenged communities.
Patrol Car Computer Systems
The Police Department’s outdated in-car computers limit operational efficiency, a critical shortcoming in a community where resources are already stretched thin. An updated computing system is essential for quicker data access, improved communication, and more effective policing.
Objectives and Expected Outcomes
● Implement the Everbridge Mass Notification system to provide immediate, city-wide emergency notifications.
● Modernize patrol car computing systems with Panasonic Toughbooks CS33 to enhance operational efficiency.
Methodology
Emergency Notification System
● Secure a three-year contract with Everbridge for the Mass Notification system at an annual cost of $3,200.
Updating Patrol Car Computers
● Purchase Panasonic Toughbooks CS33 at a unit cost of $4,000.
Conclusion
The implementation of these technological updates takes into consideration the unique socio-economic challenges that Arvin faces. As the department aligns with 21st-century policing standards, these cost-effective solutions will significantly improve operational efficiency and
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) reinforce public trust. For a community where nearly a third of the population lives in poverty, the proposed upgrades are not just enhancements; they are essential investments in public safety and transparency. Through this project, the Arvin Police Department aims to build a stronger, safer, and more resilient community for all its residents.
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) Budget Narrative
The Arvin Police Department is poised to allocate the full permissible amount of this award towards the implementation of a city-wide notification system and updating patrol car computers.
The cost of the Evergreen City Wide notification system will total $9,600, while each Panasonic Toughbook 33 computer costs $4,000. The city plans on using the allocated funds to purchase a contract with Everbridge for their Mass Notification System and contribute the remaining funds to purchasing two Panasonic Toughbook Computers.
The total cost for the contract for the Evergreen Mass Notification System will be $9,600. This is a priority for the city since they currently do not have a mass notification system in place and find that this is a necessary function to ensure the safety of the citizens of Arvin in case of an emergency.
The remaining $6,231 will be used to purchase the Panasonic Toughbook computers, which cost $4,000 per unit. The remaining funds will be able to cover 100% of the cost of 1 computer while $ 2,231 remains. These funds will go toward the purchase of a second Panasonic Toughbook computer, resulting in the City of Arvin paying the balance of $1,769 to obtain both the Everbridge Mass Notification System and two Panasonic Toughbook Computers.
AMENDED BUDGET NARRATIVE
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) Purpose Area #4
A. Personnel
Name Position
List each name, if known. List each position, if known. $0 $0
$0 $0 $0
Narrative
B. Fringe Benefits
$0 $0
$0 $0 $0
Narrative
C. Travel
Purpose of Travel Type of
Expense
Basis
Indicate the purpose of each trip or
type of trip (training, advisory
group meeting)
Lodging, Meals, Etc.
Per day,
mile, trip,
Etc.
N/A $0 $0
$0 $0 $0
Narrative
D. Equipment
$8,000 $1,769 $6,231
$6,400 $6,400
$14,400 $1,769 $12,631
Narrative
E. Supplies
$0 $0
$0 $0 $0
Narrative
F. Construction
Purpose
Provide the purpose of the
construction
$0 $0
$0 $0 $0
Narrative
$0
$0 $0 $0
Purpose of Travel
Indicate the purpose of each trip or
type of trip (training, advisory
group meeting)
$0 $0
$0 $0 $0
Narrative
$0
$0 $0 $0
Purpose of Travel
Indicate the purpose of each trip or
type of trip (training, advisory
group meeting)
$0 $0
$0 $0 $0
Narrative
I. Other Costs
$0 $0
$0 $0 $0
Narrative
J. Indirect Costs
$0 $0
$0 $0 $0
Narrative
Describe what the approved rate is and how it is applied.
Description Computation
Compute the indirect costs for those portions of the program which allow such costs.
Total(s)
Federal
Request
Purpose
Describe the purpose of the subaward (subgrant)
Consultant?
Is the subaward for a
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
H. Procurement Contracts
Consultant?
Compute the cost of each type of expense X the number of people traveling.
Type of Expense
Hotel, airfare, per diem
Federal
Request
Non-Federal
Contribution
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N (DOJ Financial Guide, Section 3.10)
Consultant Travel (if necessary)
Total
Description
Provide a description of the products or services to be procured by contract and an estimate of the costs. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source procurements in excess of the Simplified Acquisition Threshold (currently $150,000).
Purpose
Describe the purpose of the contract
Is the subaward for a
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
Provide a list of the types of items to be purchased with grant funds.
Supply Items
Federal
Request
Total(s)
Total Cost
Total(s)
Unit Cost
Unit Cost
1 $6,400.00
Total(s)
The City of Arvin will be using the allocated funding amount of $15,831 to fund a contract with Everbridge for their Mass Notification System. This would cost a total of $9,600. The remaining $6,231 will be used to purchase two Panasonic Toughbooks priced at $4,000 per unit. This would result in a City contribution of $1,769 for the second computer to be able to implement both the Evergbridge Mass Notification System and the Panasonic Toughbook computers for Arvin's Police Department. The total federal award and request is $ 15,831, while the total project cost is $ 17,600 (including a contribution by the City of Arvin towards the cost of the second laptop).
Computation
Describe the item and the compute the costs. Computation: The number of each item to be purchased X the cost per item.
Total Cost Non-Federal
Contribution
Federal
Request
Compute the cost (e.g., the number of each item to be purchased X the cost per item) # of Items Total Cost Non-Federal
Contribution
Computation
Federal
Request
List and describe each item of equipment that will be purchased Item
Everbridge Mass Notification System (Software)
# of Items
Panasonic Toughbook 332 $4,000.00
Cost Quantity # of
Staff
Base Federal
Request
Computation
List each grant-supported position receiving fringe benefits. Show the basis for computation.
Name
Rate
Budget Detail - Year 1
Federal
Request Rate
Time Worked
(# of hours, days, months,
years)
Total Cost Non-Federal
Contribution
Show annual salary rate & amount of time devoted to the project for each name/position.
Computation
Salary Percentage of
Time
Total Cost Non-Federal
Contribution
Total(s)
Consultant Travel (if necessary)
Location
Indicate the travel destination.
Total(s)
Total Cost Non-Federal
Contribution
Indicate the travel destination.
Location
Total(s)
# of
Trips
Computation
Compute the cost of each type of expense X the number of people traveling.
Federal
Request
G. Subawards (Subgrants)
Base Total Cost Non-Federal
Contribution
Federal
Request
Total(s)
Indirect Cost Rate
Computation
Show the basis for computation
List and describe items that will be paid with grants funds (e.g. rent, reproduction, telephone, janitorial, or security services, and investigative or confidential funds).
Description
Quantity Basis Cost Length of Time Federal
Request
Non-Federal
Contribution Total Cost
Total(s)
Non-Federal
Contribution
Federal
Request
Non-Federal
Contribution
Computation
Federal
Request
Total(s)
Description of Work
Describe the construction project(s)
# of Items Cost
Computation
Location Type of Expense Computation
Indicate the travel destination. Hotel, airfare, per diem Compute the cost of each type of expense X the number of people traveling.
Cost
Duration
or
Distance
# of
Staff Total Cost Non-Federal
Contribution
Total
Cost
Duration
or
Distance
# of
Staff
Compute the costs (e.g., the number of each item to be purchased X the cost per item) Provide a description of the activities to be carried out by subrecipients.
Description
Total Cost Non-Federal
Contribution
Total Cost
Total Cost
1 Amended Budget- Year 1 and Year 2
5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) Purpose Area #4
A. Personnel
Name Position
List each name, if known. List each position, if known. $0 $0
$0 $0 $0
Narrative
B. Fringe Benefits
$0 $0
$0 $0 $0
Narrative
C. Trave
l
Purpose of Travel Type of Expense Basis
Indicate the purpose of each trip
or type of trip (training, advisory
group meeting)
Lodging, Meals,
Etc.
Per day,
mile, trip,
Etc.
N/A $0 $0
$0 $0 $0
Narrative
D. Equipment
$3,200 $3,200
$3,200 $0 $3,200
Narrative
E. Supplies
$0 $0
$0 $0 $0
Narrative
F. Construction
Purpose
Provide the purpose of the
construction
$0 $0
$0 $0 $0
Narrative
$0
$0 $0 $0
Purpose of Travel
Indicate the purpose of each trip
or type of trip (training, advisory
group meeting)
$0 $0
$0 $0 $0
Narrative
$0
$0 $0 $0
Purpose of Travel
Indicate the purpose of each trip
or type of trip (training, advisory
group meeting)
$0 $0
$0 $0 $0
Narrative
I. Other Costs
$0 $0
$0 $0 $0
Narrative
J. Indirect Costs
$0 $0
$0 $0 $0
Narrative
Total(s)
Description Computation
Describe what the approved rate is and how it is applied. Compute the indirect costs for those portions of the program which allow such costs.
Base Indirect Cost Rate Total Cost Non
‐Federal
Contribution
Federal
Request
Total(s)
Federal
Request Quantity Basis Cost Length of Time Total Cost Non‐Federal Contribution
Total
Description Computation
List and describe items that will be paid with grants funds (e.g. rent, reproduction, telephone, janitorial, or security services, and investigative or confidential funds).
Show the basis for computation
Indicate the travel destination. Hotel, airfare, per diem Compute the cost of each type of expenseX the number of people traveling.
Cost
Duration
or
Distance
# of
Staff Total Cost Non
‐Federal
Contribution
Federal
Request
Total(s)
Consultant Travel (if necessary)
Location Type of Expense Computation
Federal
Request
Providea description of the products or services to be procured by contract and an estimate of the costs. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source procurements in excess of the Simplified Acquisition Threshold (currently $150,000).
Describe the purpose of the contract
Is the subaward fora
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
Total Cost Non
‐Federal
Contribution
Total
H. Procurement Contracts
Description Purpose Consultant?
Federal
Request Cost
Duration
or
Distance
# of
Staff Total Cost Non
‐Federal
Contribution
Total(s)
Consultant Travel (if necessary)
Location Type of Expense Computation
Indicate the travel destination. Hotel, airfare, per diem Compute the cost of each type of expenseX the number of people traveling.
Total Cost Non
‐Federal
Contribution
Federal
Request
Description Purpose Consultant?
Providea description of the activities to be carried out by subrecipients. Describe the purpose of the subaward (subgrant) Is the subaward fora
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
Total(s)
G. Subawards (Subgrants)
Describe the construction project(s) Compute the costs (e.g., the number of each item to be purchasedX the cost per item) # of Items Cost Total Cost Non
‐Federal
Contribution
Federal
Request
Total(s)
Description of Work Computation
Providea list of the types of items to be purchased with grant funds. Describe the item and the compute the costs. Computation: The number of each item to be purchasedX the cost per item. # of Items Unit Cost Total Cost Non
‐Federal
Contribution
Federal
Request
Total(s)
Supply Items Computation
Everbridge Mass Notification System (contract) 1 $3,200.00 List and describe each item of equipment that will be purchased Compute the cost (e.g., the number of each item to be purchasedX the cost per item) # of Items Unit Cost Total Cost Non
‐Federal
Contribution
Federal
Request
Total(s)
Item Computation
Indicate the travel destination. Compute the cost of each type of expenseX the number of people traveling.
Cost Quantity
# of
Staff
# of
Trips Total Cost Non
‐Federal
Contribution
Federal
Request
Total(s)
Location Computation
List each grant‐supported position receiving fringe benefits. Show the basis for computation.
Base Rate Total Cost Non
‐Federal
Contribution
Federal
Request
Total(s)
Name Computation
Show annual salary rate& amount of time devoted to the project for each name/position.
Salary Rate Time Worked
(# of hours, days, months,
years)
Percentage of
Time Total Cost Non
‐Federal
Contribution
Federal
Request
Budget Detail ‐ Year2
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? ‐ Y/N (DOJ Financial Guide, Section 3.10)
Computation
1 5.C.2
Attachment: Grant Package-Arvin includes Amendments 2_Redacted (City Council Review of and Public Comment of Edward Byrne Grant) U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Approved: OMB No. 1121-0329
Expires 12/31/2023
Background
Recipients’ financial management systems and internal controls must meet certain requ uding those set out in the “Part 200 Uniform Requirements” (2.C.F.R. Part 2800).
Including at a minimum, the financial management system of each OJP award recipient must provide for the following:
(1)Identification, in its accounts, of all Federal awards received and expended and the Federal programs under which they were received. Federal program and Federal award identification must include, as applicable, the CFDA title and number, Federal award identification number and year, and the name of the Federal agency. (2)Accurate, current, and complete disclosure of the financial results of each Federal award or program. (3)Records that identify adequately the source and application of funds for Federally-funded activities. These records must contain information pertaining to Federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income, and interest, and be supported by source documentation. (4)Effective control over, and accountability for, all funds, property, and other assets. The recipient must adequately safeguard all assets and assure that they are used s olely for authorized purposes. (5)Comparison of expenditures with budget amounts for each Federal award. (6)Written procedures to document the receipt and disbursement of Federal funds including procedures to minimize the time elapsing between the transfer of funds from the United States Treasury and the disbursement by the OJP recipient.
(7)Written procedures for determining the allowability of costs in accordance with both the terms and conditions of the Federal award and the cost principles to apply to the Federal award. (8)Other important requirements related to retention requirements for records, use of open and machine readable formats in records, and certain Federal rights of access to award-related records and recipient personnel.
irements, incl
1. Name of Organization and Address:
Organization Name:
Street1:
Street2:
City:
State:
Zip Code:
2. Authorized Representative’s Name and Title:
Prefix:
First Name:
Middle Name:
Last Name: Suffix:
Title:
3. Phon Fax:
5. Email:
6. Year Established: 7. Employer Identification Number (EIN): 8. Unique Entity Identifier (UEI) Number:
9. a) Is the applicant entity a nonprofit organization (including a nonprofit institution of higher education) as described in 26 U.S.C. 501(c)(3) and exempt from taxation under 26 U.S.C. 501(a)? Yes No If "No" skip to Question 10.
If "Yes", complete Questions 9. b) and 9. c).