Cities Index.
Agenda

Arvin City Council
August 27, 2024

Document
Agenda
Meeting
August 27, 2024
Body
Arvin City Council
Pages
23
Original file
13.4 MB
Text extracted from the city's file for reading and search. Open the original on www.arvin.org. That file is the official record.

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY AUGUST 27, 2024 6:00p.m.

CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Daniel Borreli

PLEDGE OF ALLEGIANCE

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

PUBLIC COMMENTS:

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

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

AGENDA STAFF REPORTS AND HANDOUTS:

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

CONDUCT IN THE CITY COUNCIL CHAMBERS:

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

Removal from the Council Chambers:

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

AMERICANS with DISABILITIES ACT:

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

Arvin City Council Meeting Agenda – August 27, 2024

Page 1 of 2 ends

1. APPROVAL OF AGENDA AS TO FORM.

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

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

3. PRESENTATION(S)
A. Angel’s Dream Come True Special Recognition
Alex Ghazalpour, Police Chief
B. Swearing In of New Reserve Officer – Bryan Clark
Cecilia Vela, City Clerk

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of August 09, 2024 – August 22, 2024.

B. Approval of Payroll Register(s) of August 16, 2024.

C. Approval of the Minutes of the Regular Meeting(s) of August 13, 2024.

D. Approval of A Resolution of the City Council of the City of Arvin Adopting Addendum to the Adopted Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project (SCH No. 2023040027) for the 4th Street Improvements and Renovations Project – 2024 and Authorize the City Manager to Pursue and Sign All Necessary Documents to Obtain Grant Opportunities to Implement the Project.

E. Authorization to Recognize the Competitive Bidding Process of Sourcewell; Dispense with the Public Bidding Requirement; and Authorize the City Manager to Approve the Purchase of One (1) John Deere 3025E Compact Utility Tractor with the Front-End Loader and Backhoe from Kern Machinery, Inc. for the Public Works Department in the Amount of $36,385.22.

F. Approval of Transportation Manager Job Description and Employment Agreement.

G. Approval of Grants Manager Employment Agreement.

H. Approval of Mechanic I Position, Job Description and Corresponding Salary Schedule.

Arvin City Council Meeting Agenda – August 27, 2024

Page 2 of 2 ends

Staff recommends approval of the consent agenda.

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

5. GRANTS STATUS REPORT (Grants Manager)

6. CITY MANAGER’S REPORT

7. REPORT OF COUNCIL MEMBER MEETINGS & CONFERENCES ATTENDED

8. COUNCIL MEMBER COMMENTS

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

Agency Negotiator: City Manager
Employee Organizations: Central California Association of Public Employees SEIU Local 521.

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item)

10. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated August 22, 2024.

Cecilia Vela, City Clerk
8/13/2024 1:20:51 PM Page 1 of 3
Payment Register
City of Arvin APPKT00761 - FOR AP 8/13/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1369
Vendor Number

COMPUTERSHARE CORPORATE TRUST CCT DEBT SERVICE
Total Vendor Amount
111,785.82
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/13/2024 111,785.82
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7/23/2024 ARVI719TARA 7/23/2024 ARVI719TARA BONDS SR 2019 07/23/2024 07/23/2024 0.00 73,875.00 7/23/24 ARVIN CRA TAX 7/23/24 ARVIN CRA TAX ALCTN BONDS SR 2019 07/23/2024 07/23/2024 0.00 37,910.82 1606
Vendor Number

QUANTUM FARMS LLC
Total Vendor Amount
21,900.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/13/2024 21,900.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10 EMERGENCY REPAIRS ARVIN CITY FARMS 08/05/2024 08/05/2024 0.00 21,900.00

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00761 - FOR AP 8/13/2024
8/13/2024 1:20:51 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check32 0.00 133,685.82
Packet Totals:
32 0.00 133,685.82

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00761 - FOR AP 8/13/2024
8/13/2024 1:20:51 PM Page 3 of 3
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -133,685.82
Packet Totals: -133,685.82

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) 8/14/2024 3:22:59 PM Page 1 of 7
Payment Register
City of Arvin APPKT00765 - FOR AP 8/14/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1150
Vendor Number
AT&T
Total Vendor Amount
843.02
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 843.02
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000022001088 9391033189 SERVICE 06.13.24-07.12.24 07/13/2024 07/13/2024 0.00 367.93 000022002850 9391056024 SERVICE 06.13.24-07.12.24 07/13/2024 07/13/2024 0.00 475.09 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
443.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 443.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X07282024 PW + COMM DEV + CH CELL PHONES 07.23.24-08.22.24 08/13/2024 08/13/2024 0.00 443.38 1514
Vendor Number

BERCHTOLD EQUIPMENT COMPANY
Total Vendor Amount
191.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 191.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount P34749 PARTS FOR THE BOBCAT 07/16/2024 07/16/2024 0.00 191.78 1670
Vendor Number

BLUETRITON BRANDS INC
Total Vendor Amount
463.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 463.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 04G6707940541 WATER SERVICES 06.27.24-07.26.24 07/30/2024 07/30/2024 0.00 463.60 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
785.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 785.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8726 UNIT 317 CHECK OUT A/C BLOWING HOT 08/05/2024 08/05/2024 0.00 785.38 1756
Vendor Number
CALIFORNIA STAFFING SOLUTIONS INC.

Total Vendor Amount
3,648.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 3,648.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3877 WEEK ENDING 7/28/2024 PW TEMPS 07/30/2024 07/30/2024 0.00 3,648.00 1720
Vendor Number

CAPITAL INDUSTRIAL MEDICAL SUPPLY CO
Total Vendor Amount
197.97
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 197.97
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34-202623 TRANSIT MEIDCAL SUPPLIES 08/07/2024 08/07/2024 0.00 197.97

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00765 - FOR AP 8/14/2024
8/14/2024 3:22:59 PM Page 2 of 7
1624
Vendor Number

CD - DATA
Total Vendor Amount
2,999.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 2,999.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9214-8-2024 AVIATOR MOBILE RENEWAL 08/06/2024 08/06/2024 0.00 2,999.00 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

62.59 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 62.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 539469 PADLOCK COMBO FOR ADOBE COMPLEX 07/24/2024 07/24/2024 0.00 58.40 539478 IRRIGATION MATERIAL FOR ADOBE COMPLEX 07/24/2024 07/24/2024 0.00 4.19 1057
Vendor Number

DEPARTMENT OF TRANSPORTATION - CASHIERING OFFICE
Total Vendor Amount
3,552.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 3,552.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SL241130 SIGNALS & LIGHTING APRIL 2024- JUNE 2024 07/15/2024 07/15/2024 0.00 3,552.24 1233
Vendor Number

DEWALT CORPORTATION
Total Vendor Amount
262.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 262.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1091380 PROF FEES ARVIN URBAN GREENING 06/05/2024 06/05/2024 0.00 262.50 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
12,778.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 11,640.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 007119 WORKSTATION WARRANTY RENEWAL 08/08/2024 08/08/2024 0.00 151.78 35924 FUND BALANCE SERVER UPDATE 04/30/2024 04/30/2024 0.00 855.00 36345MS MONTHLY MICROSOFT 365 AUGUST 2024 08/01/2024 08/01/2024 0.00 978.76 36346MS AGREEMENT MONTLHY O365 -PD AUGUST 2024 08/01/2024 08/01/2024 0.00 1,196.80 36347 SECURECENTRIC + FIREWALL AUGUST 2024 08/01/2024 08/01/2024 0.00 8,458.12 Check 08/14/2024 1,138.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 37175014 DELL OPTIPLEX WORKSTATION AGREEMENT 08/07/2024 08/07/2024 0.00 1,138.16 1770
Vendor Number

EFRAIN PACHECO
Total Vendor Amount
1,043.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 1,043.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REFUND OVER CHARGE REFUND OVER CHARGE ON SQUARE FOOTAGE 08/01/2024 08/01/2024 0.00 1,043.40 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0297 FLEET WASH 08.06.24 08/06/2024 08/06/2024 0.00 500.00

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00765 - FOR AP 8/14/2024
8/14/2024 3:22:59 PM Page 3 of 7
1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
1,776.73
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 1,776.73
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 471307 FUEL FOR ARVIN FARMS 07/19/2024 07/19/2024 0.00 1,776.73 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
5,625.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 5,625.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001319 INVOICE 13 07/16/2024 07/30/2024 0.00 5,625.00 1651
Vendor Number

KERN COMMUNITY COLLEGE DISTRICT
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $450 VET'S HALL REIMBURSEMENT OF $450 VET'S HALL 07/31/2024 07/31/2024 0.00 450.00 1086
Vendor Number

KERN COUNTY CLERK
Total Vendor Amount

50.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount CEQA FILING FOR ZCA 2024-03CEQA FILING FOR ZCA 2024-03 07/31/2024 07/31/2024 0.00 50.00 1095
Vendor Number

KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount

27.39 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 27.39
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 160454 UNIT #4 GASKET 07/17/2024 07/17/2024 0.00 27.39
1097
Vendor Number

LIEBERT CASSIDY WHITMORE
Total Vendor Amount
2,600.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 2,600.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 272954 MEMBERSHIP 07.01.24-06.30.25 08/07/2024 08/07/2024 0.00 2,600.00 1331
Vendor Number

LN CURTIS & SONS
Total Vendor Amount
870.93
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 870.93
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV847768 BLACK STX DUTY HOLSTER FOR GLOCK 07/23/2024 07/23/2024 0.00 226.49 INV848387 BLACK STX BASKETWEAVE DUTY HOLSTER 07/24/2024 07/24/2024 0.00 644.44 1212
Vendor Number

LOUS GLOVES
Total Vendor Amount
364.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 364.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 056782 NITRILE EXAM BLUE GLOVES 07/17/2024 07/17/2024 0.00 364.00

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00765 - FOR AP 8/14/2024
8/14/2024 3:22:59 PM Page 4 of 7
1642
Vendor Number

OSCAR AGUILERA GONZALEZ
Total Vendor Amount
960.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 960.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 100 INSPECT VET'S HALL CIRCUIT AND PANELS 07/18/2024 07/18/2024 0.00 480.00 99 TROUBLESHOOT DOORO UNLOCK ELECTRICAL 07/17/2024 07/17/2024 0.00 480.00 1109
Vendor Number

PACIFIC IRRIGATION
Total Vendor Amount
1,035.39
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 1,035.39
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 00225617 CEMENT QUCI SET - ARVIN FARM REPAIRS 05/15/2024 05/15/2024 0.00 489.34 00226268 CEMENT QUICK SET - ARVIN FARMS REPAIRS 06/27/2024 06/27/2024 0.00 287.86 00226483 DIGIORGIO PARK IRRGATION MATERIAL 07/16/2024 07/16/2024 0.00 111.48 00226493 DIGIORGIO PARK IRRIGATION MATERIAL 07/16/2024 07/16/2024 0.00 110.42 00226496 DIGIORGIO PARK IRRIGATION PARTS 07/16/2024 07/16/2024 0.00 36.29 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount
130.82
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 130.82
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 35734 UNIT 294 FLAT REPAIR 07/11/2024 07/11/2024 0.00 30.82 35828 UNIT 401 TIRE CHANGE / TIRE BALANCE 07/22/2024 07/22/2024 0.00 100.00 1108
Vendor Number
PG & E
Total Vendor Amount
294.82
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 294.82
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8440977428-2 07.02.24-07.30.24 8440977428-2 07.02.24-07.30.24 07/30/2024 07/30/2024 0.00 294.82 1112
Vendor Number

PURCHASE POWER
Total Vendor Amount
502.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 502.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount METER ADD 08.11.24 METER ADD 08.11.24 08/11/2024 08/11/2024 0.00 502.25 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
2,587.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 2,587.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63911373 WEEK ENDING 08.02.24 FOR JAZMIN C. 08/05/2024 08/05/2024 0.00 1,293.60 63938724 WEEK ENDING 08.09.24 FOR JAZMIN C, 08/12/2024 08/12/2024 0.00 1,293.60 1122
Vendor Number

SIRCHIE
Total Vendor Amount
261.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 261.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0654791-IN EVIDENCE TIES , 100 PK 07/19/2024 07/19/2024 0.00 261.46

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00765 - FOR AP 8/14/2024
8/14/2024 3:22:59 PM Page 5 of 7
1237
Vendor Number

SITEONE LANDSCAPE SUPPLY LLC
Total Vendor Amount
100.93
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 100.93
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 143835416-002 DIGIORGIO PARK IRRIGATION MATERIAL 07/29/2024 07/29/2024 0.00 100.93 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,775.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 1,775.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES JULY 2024UNIFORM SERVICES JULY 2024 07/31/2024 07/31/2024 0.00 1,775.38 1771
Vendor Number

TACTICAL FIREARMS INSTITUTE, LLC
Total Vendor Amount
12,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 12,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 001 FIREARM REFRESHER CLASS 07.20.24-07.21.24 07/13/2024 07/13/2024 0.00 12,000.00 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 855298 ARVIN ADOBE COMPLEX FIRE MONITORING AUGUST 2024 08/01/2024 08/01/2024 0.00 55.00 1195
Vendor Number

TRAFFIC MANAGEMENT INC
Total Vendor Amount
2,316.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 2,316.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 06-108266 STREET BARRICADES TRAFFIC CONTROL 07/24/2024 07/24/2024 0.00 526.76 06-108838 MATERIAL FOR STREET STRIPPING 07/18/2024 07/18/2024 0.00 891.22 06-108839 MATERIAL FOR STREET STRIPPING 07/18/2024 07/18/2024 0.00 898.48 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
1,287.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 1,287.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9969964261 ARVIN PD CELL PHONES 06.26.24-07.25.24 07/25/2024 07/25/2024 0.00 1,287.43 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 576.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9970188273 TRANSIT SVCS 06.29.24-07.28.24 07/28/2024 07/28/2024 0.00 576.30 1210
Vendor Number

WAGEWORKS INC
Total Vendor Amount

79.52 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/14/2024 79.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0724-TR39927 C2791 MNTHLY COMPLIANCE FEE COBRA JULY 2024 08/01/2024 08/01/2024 0.00 79.52

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00765 - FOR AP 8/14/2024
8/14/2024 3:22:59 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 54 38 0.00 63,498.49
Packet Totals: 54 38 0.00 63,498.49

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00765 - FOR AP 8/14/2024
8/14/2024 3:22:59 PM Page 7 of 7
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -63,498.49
Packet Totals: -63,498.49

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) 8/21/2024 4:49:00 PM Page 1 of 3
Payment Register
City of Arvin APPKT00772 - FOR NATHAN HODGES JULY 2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1340
Vendor Number

NATHAN M HODGES
Total Vendor Amount
24,319.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 44287 08/20/2024 24,319.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount JULY 2024 LEGAL FEES JULY 2024 08/01/2024 08/01/2024 0.00 24,319.00

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00772 - FOR NATHAN HODGES JULY 2024 8/21/2024 4:49:00 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check11 0.00 24,319.00
Packet Totals:
11 0.00 24,319.00

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00772 - FOR NATHAN HODGES JULY 2024 8/21/2024 4:49:00 PM Page 3 of 3
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -24,319.00
Packet Totals: -24,319.00

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) 8/21/2024 3:33:48 PM Page 1 of 7
Payment Register
City of Arvin APPKT00773 - FOR AP 8/21/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1433
Vendor Number

ALEX GHAZALPOUR
Total Vendor Amount
250.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount EXECUTIVES POST TRAINING EXECUTIVES POST TRAINING 08/13/2024 08/13/2024 0.00 250.00 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
372.24
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 372.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount HOUSING REHAB FLYERS HOUSING REHAB FLYERS 08/02/2024 08/02/2024 0.00 372.24 1772
Vendor Number

AUTOZONE STORES LLC
Total Vendor Amount
262.84
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 262.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3760897690 BUG REMOVER , 77PC PRECISION TOO 07/22/2024 07/22/2024 0.00 48.90 3760897703 13 PC SHORT ARM 07/22/2024 07/22/2024 0.00 10.81 3760898895 BUG REMOVER , SHOP PRO AF 07/24/2024 07/24/2024 0.00 144.84 3760898905 SHOP PRO AF 5050 07/24/2024 07/24/2024 0.00 58.29 1728
Vendor Number

BAKERSFIELD LOCKSMITH, LLC
Total Vendor Amount
150.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 150.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 80225 PD CLEAN AND CALIBRATE LOCK 04/18/2024 04/18/2024 0.00 150.00 1288
Vendor Number

BAKERSFIELD PAINT AND WALLPAPER
Total Vendor Amount

91.62 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 91.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount L0027718 EQUIPMENT FOR STRIPPING MACHINE 08/21/2024 08/21/2024 0.00 91.62 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount
237.54
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 237.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 540458 PPE FOR STAFF 08/02/2024 08/02/2024 0.00 49.20
540843 MAGNETIC TORPEDO 08/05/2024 08/05/2024 0.00 61.45 540847 EDGER CONCR, VULCAN POINTING TROWEL 08/05/2024 08/05/2024 0.00 27.35 540866 4 WAY KEY 08/05/2024 08/05/2024 0.00 17.31
541045 MATERIAL FOR STREET STRIPPING 08/07/2024 08/07/2024 0.00 30.29 541653 12-14 X1 SDS HEX FOR PD 08/12/2024 08/12/2024 0.00 51.94

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00773 - FOR AP 8/21/2024
8/21/2024 3:33:48 PM Page 2 of 7
1052
Vendor Number

CSJVRMA
Total Vendor Amount
412,300.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 412,300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0027 2024/25 1ST QUARTER DEPOSITS 07/05/2024 07/05/2024 0.00 412,300.00 1658
Vendor Number
EVERBRIDGE, INC.

Total Vendor Amount
3,200.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 3,200.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount M82369 MASS NOTIFICATION BASE 08.18.24-08.17.25 06/27/2024 06/27/2024 0.00 3,200.00 1062
Vendor Number
FEDEX
Total Vendor Amount
197.87
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 197.87
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-592-73217 SHIPPING SVCS 08.16.24 08/16/2024 08/16/2024 0.00 197.87 1070
Vendor Number

GENERAL OFFICE
Total Vendor Amount
664.68
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 664.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23463 METER READING APD & COMM 07.01.24 - 08.01.24 08/05/2024 08/05/2024 0.00 546.28 23464 METER READING 06.01.24 -08.01.24 08/05/2024 08/05/2024 0.00 118.40 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
1,158.35
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 1,158.35
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 473524 ARVIN FARMS FUEL DELIVERY 07/30/2024 07/30/2024 0.00 348.35 474123 COA PUBLIC WORKS FUEL 07/31/2024 07/31/2024 0.00 502.01 476199 ARVIN FARMS FUEL DELIVERY 08/09/2024 08/09/2024 0.00 307.99 1318
Vendor Number

HECTORS PLUMBING INC
Total Vendor Amount
180.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 180.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23-852 RAN LARGE SNAKE DOWN MAINLINE 04/02/2024 04/02/2024 0.00 180.00 1153
Vendor Number

JAS PACIFIC
Total Vendor Amount
7,780.75
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 7,780.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PC 7138 PLANNING SVCS JULY 2024 08/05/2024 08/05/2024 0.00 7,780.75 1185
Vendor Number

KERN COUNTY ANIMAL SERVICES
Total Vendor Amount
37,250.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 37,250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount R24-130428 MONTHLY BILLING APRIL - JUNE 2024 06/30/2024 06/30/2024 0.00 37,250.00

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00773 - FOR AP 8/21/2024
8/21/2024 3:33:48 PM Page 3 of 7
1088
Vendor Number

KERN COUNTY FORENSIC SERVICES
Total Vendor Amount
1,500.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 1,500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2655 EXAM CASE 08/01/2024 08/01/2024 0.00 1,500.00
1408
Vendor Number

KOSMONT REALTY
Total Vendor Amount
1,404.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 1,404.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2204.3-027 ARVIN RE ADVISORY JULY 2024 07/31/2024 07/31/2024 0.00 1,404.00 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
2,404.84
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 2,404.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14002593 UNIT 203-EV RESECURE BATTERY COMPARTMENT BOX 02/23/2024 02/23/2024 0.00 438.71 14002881 UNIT 207-EV 45 DAY INSPECTION 04/10/2024 04/10/2024 0.00 308.71 14002883 UNIT 203-EV 45 DAY INSPECTION 04/10/2024 04/10/2024 0.00 308.71 14002884 UNIT 211 45 DAY INSPECTION 04/10/2024 04/10/2024 0.00 308.71 14003495 UNIT 205-EV REPLACE RIGHT REAR AIRBAG 07/09/2024 07/09/2024 0.00 520.00 14003508 UNIT 203-EV REPLACE KEY SWITCH 07/09/2024 07/09/2024 0.00 520.00 1191
Vendor Number

MARY VALENTI PHD
Total Vendor Amount
500.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8/9/24 PRE-EMPLOYMENT EVALUATION RESERVE OFFICER 08/09/2024 08/09/2024 0.00 500.00 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
1,958.96
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 1,958.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount N4855063142 LOAD FEE FOR 1500 BEAR MOUNTAIN BLVD 07/31/2024 07/31/2024 0.00 1,958.96 1199
Vendor Number

MUNISERVICES / AVENU
Total Vendor Amount
625.16
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 625.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV06-019236 STARS CA - Q1, 2024 07/30/2024 07/30/2024 0.00 625.16 1425
Vendor Number

NEXTALK INC
Total Vendor Amount
4,800.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 4,800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 11449 NEXT TALK RENEWAL 07.01.24 - 06.30.25 07/01/2024 07/01/2024 0.00 4,800.00 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount

30.82 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 30.82
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 35995 UNIT 294 FLAT REPAIR 08/13/2024 08/13/2024 0.00 30.82

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00773 - FOR AP 8/21/2024
8/21/2024 3:33:48 PM Page 4 of 7
1113
Vendor Number

PRINTING SYSTEMS
Total Vendor Amount
294.03
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 294.03
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 234525 A/P LASER CHECKS 07/25/2024 07/25/2024 0.00 294.03 1114
Vendor Number

PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount

27.74 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 27.74
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8/8/24 ARV 8/8/24 08/08/2024 08/08/2024 0.00 27.74
1348
Vendor Number

RINCON CONSULTANTS INC
Total Vendor Amount
797.50
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 797.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 58941 PROF. SERVICES JULY 2024 ARVIN ROADWAY NEPA 08/13/2024 08/13/2024 0.00 797.50 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63965479 WEEK ENDING 08.16.24 FOR JAZMIN C, 08/19/2024 08/19/2024 0.00 1,293.60 1638
Vendor Number

ROUTEMATCH SOFTWARE, LLC
Total Vendor Amount
1,188.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 1,188.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RMSMA00002702 50MB VERIZON DATA PLAN 11.01.24-10.31.25 08/21/2024 08/21/2024 0.00 1,188.00 1126
Vendor Number

STAPLES BUSINESS CREDIT
Total Vendor Amount
1,603.11
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 1,603.11
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7001482204 OFFICE SUPPLIES FOR THE CITY JULY 2024 07/25/2024 07/25/2024 0.00 1,603.11 1615
Vendor Number

STIERN VETERINARY HOSPITAL
Total Vendor Amount
214.46
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 214.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 347232 DUUK BARKER WELLNESS EXAM 07/05/2024 07/05/2024 0.00 214.46 1130
Vendor Number

TAG AMS INC
Total Vendor Amount
120.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 120.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2834897 RECERTIFICATION DAVID S. 08/13/2024 08/13/2024 0.00 120.00

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00773 - FOR AP 8/21/2024
8/21/2024 3:33:48 PM Page 5 of 7
1136
Vendor Number
UNDERGROUND SERVICE ALERT OF NORTHERN CAL. AND NEV
Total Vendor Amount
1,084.32
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 1,084.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1108142024 2023 BILLABLE TICKET FEES 07/22/2024 07/22/2024 0.00 1,084.32 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
419.24
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 419.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5030731445 COMM DEV LEASE 07.21.24-08.20.24 07/26/2024 07/26/2024 0.00 110.88 5030817309 COPIER LEASE ARVIN PD 07.29.24- 08.28.24 08/02/2024 08/02/2024 0.00 183.87 5030817310 COMM DEV LEASE 07.30.24-08.29.24 08/02/2024 08/02/2024 0.00 124.49 Bank: PY - Payroll Vendor Payables
1003
Vendor Number
AFLAC
Total Vendor Amount

40.98 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 40.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001299 AFLAC 08/02/2024 08/02/2024 0.00 20.49
INV0001322 AFLAC 08/16/2024 08/16/2024 0.00 20.49
1006
Vendor Number

ALLSTATE
Total Vendor Amount
217.46
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 217.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001300 ALLSTATE 08/02/2024 08/02/2024 0.00 108.73
INV0001323 ALLSTATE 08/16/2024 08/16/2024 0.00 108.73
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
900.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 900.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001324 APOA Dues 08/16/2024 08/16/2024 0.00 900.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
1,054.34
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 1,054.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001325 SEIU Dues 08/16/2024 08/16/2024 0.00 27.00
INV0001326 SEIU Dues 08/16/2024 08/16/2024 0.00 1,027.34 1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
575.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/21/2024 275.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001328 MEGAN SNYDER 08/16/2024 09/15/2024 0.00 275.00 Check 08/21/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001329 ALEX GHAZARIAN 08/16/2024 09/15/2024 0.00 300.00

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00773 - FOR AP 8/21/2024
8/21/2024 3:33:48 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 50 32 0.00 484,361.67
Packet Totals: 50 32 0.00 484,361.67
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check96 0.00 2,787.78
Packet Totals:
96 0.00 2,787.78

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.) Payment Register APPKT00773 - FOR AP 8/21/2024
8/21/2024 3:33:48 PM Page 7 of 7
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -487,149.45
Packet Totals: -487,149.45

4.A.1
Attachment: Demand Register(s) of August 09, 2024 - August 22, 2024 (Demand Register(s) of August 09, 2024 - August 22, 2024.)

4.B.1
Attachment: Payroll Register(s) of August 16, 2024 (Approval of Payroll Register(s) of August 16, 2024)

4.B.1
Attachment: Payroll Register(s) of August 16, 2024 (Approval of Payroll Register(s) of August 16, 2024)

4.B.1
Attachment: Payroll Register(s) of August 16, 2024 (Approval of Payroll Register(s) of August 16, 2024) Arvin City Council Meeting Minutes – August 13, 2024

Page 1 of 3 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
AUGUST 13, 2024
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Murillo absent; All others present. MPT Reyes arrived late during Public Comments Agenda Item 2.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Horton Second CM Tarver Vote 3-0

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

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of July 20, 2024 – August 08, 2024.

B. Approval of Payroll Register(s) of July 19, 2024 and August 02, 2024.

C. Approval of the Minutes of the Regular Meeting(s) of July 23, 2024.

D. Approval of A Resolution of the City Council of the City of Arvin to Approve the Saint Thomas Church Special Event Permit Application for the Annual Our Lady of Guadalupe Procession to be Held on December 08, 2024, Authorize Closure of Streets and Waive City Costs Associated with this Event Subject to Execution of A Memorandum of Understanding Between the City of Arvin and Saint Thomas Church.

Resolution No. 2024-48
Agreement No. 2024-29
E. Approval of A Resolution of the City Council of the City of Arvin Dispensing with the Public Bidding Requirements and Authorizing the City Manager to Execute the Quote from Borgwarner in the amount of $67,594.55 for the

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of August 13, 2024 (Minutes of the Regular Meeting(s) of August 13, 2024.) Arvin City Council Meeting Minutes – August 13, 2024

Page 2 of 3 ends

Replacement of An EV Charging Dispenser for the Arvin Transit Buses Based on the Single Vendor Exception.

Resolution No. 2024-49
Staff recommends approval of the consent agenda.

Motion to approve Consent Agenda Items 3A – 3E.

Motion CM Horton Second MPT Reyes Vote 4-0

4. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Execute A Task Authorization between the City of Arvin and Veolia North America for the amount of $91,703.84 for Emergency Influent Wetwell Piping Repairs at the Arvin Wastewater Treatment Plant; and Authorizing Veolia to Proceed with the Project and to Act on Behalf of the City as Necessary to Complete the Project.

Staff recommends that the Council request clarification from Veolia concerning their classification of this project as a “Capital Project” (Section

5.04 of the Agreement) versus “Corrective Maintenance, Repairs, and Replacement” (Section 5.01(f) of the Agreement). Staff further recommends the Council approve the Resolution authorizing the City Manager to Execute the Task Authorization between Veolia and the City of Arvin for the Amount of $91,703.84 for Emergency Influent Wetwell Piping Repairs at the Arvin Wastewater Treatment Plant if Council determines that the requested project is a Capital Project and not Corrective Maintenance, Repairs, and Replacement; and Authorize Veolia to proceed with the project and to act on behalf of the City as necessary to complete the project.

Motion to table above Action Item 4A to allow time for the City Attorney and Veolia’s Attorney to consult regarding this matter.

Motion CM Horton Second MPT Reyes Vote 4-0

5. CITY MANAGER’S REPORT

6. REPORT OF COUNCIL MEMBER MEETINGS & CONFERENCES ATTENDED NONE

7. COUNCIL MEMBER COMMENTS

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

Agency Negotiator: City Manager

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of August 13, 2024 (Minutes of the Regular Meeting(s) of August 13, 2024.) Arvin City Council Meeting Minutes – August 13, 2024

Page 3 of 3 ends

Employee Organizations: Central California Association of Public Employees SEIU Local 521.

B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):

Agency Negotiator: City Manager
Unrepresented Employees: Grants Manager, Transit Manager, Human and Community Resources Manager, City Planner, City Engineer, Senior Building Official / Code Enforcement Officer, and Police Lieutenant.

C. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases D. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) E. CONFERENCE WITH LEGAL COUNSEL--LIABILITY CLAIMS
(Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Fabiola Miranda - AIMs File No. FR102298; RMA Claim No. 23029.

Against: City of Arvin
CLOSED SESSION REPORT BY CITY ATTORNEY:
8A . No reportable action taken.
8B. The City Council provided direction to the City Manager concerning negotiation of employment agreements related to all unrepresented employees/positions.
8C. Case 1: No reportable action.

Case 2: No reportable action.

Case 3: The City Council provided direction to the City Manager concerning making an offer to purchase property.

Case 4: The City Council provided direction to the City Attorney to obtain a timeline from outside Investigator concerning internal investigation.

Case 5: No reportable action.

Case 6: Removed from closed session agenda.
8D. The City Council provided direction to the City Attorney to draft a letter concerning potential breach of contract.
8E. The City Council approved the claim in its entirety, Vote 4-0.

9. ADJOURNED @ 9:25PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of August 13, 2024 (Minutes of the Regular Meeting(s) of August 13, 2024.) Staff Report – City Council Adopting Addendum to the previously approved MND – 4 th Street GPA and ZC 2023 Page 1 of 4

CITY OF ARVIN
Staff Report
Meeting Date: August 27, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager
Jake Raper, Planning Consultant
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Adopting Addendum to the Adopted Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project (SCH No. 2023040027) for the 4th Street Improvements and Renovations Project – 2024 and Authorize the City Manager to Pursue and Sign All Necessary Documents to Obtain Grant Opportunities to Implement the Project.

BACKGROUND:

The previous initial study, Mitigated Negative Declaration and Mitigation Monitoring Program for 4th St GPA-ZC 2023-01 - SCH No 2023040027 was adopted by the City Council on May 23, 2023. The City Council adopted Resolution No. 2023-21 - A Resolution of the City Council of the City of Arvin for Adoption of the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project, Exhibit A.

The Notice of Determination was filed with the Kern County Clerk’s Office on July 13, 2023 and the Department of Fish and Game Fees were also paid on July 13, 2023, Document Number 24222, Receipt No. 15-07132023-15150131, Exhibit B.

The California Quality Act, Section 15164, Exhibit E – Addendum to an EIR or Negative Declaration provides the procedure for the processing, reviewing, and adopting addendums. The City is recommending that the 4th Street Improvement and Renovation Project meets the required criteria for the adoption of and approval of an addendum to the previously prepared Mitigated Negative Declaration for the General Plan Amendment and Zone Change 2023-01 for the 4th Street and Campus Drive project.

PROJECT DESCRIPTION – 4

TH STREET IMPROVEMENT AND RENOVATION
PROJECT:
4 th Street Improvement and Renovation Project is from Walnut Street eastward to Campus Drive and the length of the project is approximately 850 lineal feet. Landscape area is from the back of the 5’ sidewalk to the right of way, pavement section of 4” AC / 5” AB to match Walnut Street, and 3 service connections consisting of two (2) on the north side and one (1) on the south side for each utility. 4th Street is designated as a Local Street with a 60’-0” right-of-way. The 60’-0” right-of-way is illustrated on

4.D.1
Attachment: 1-Staff Report - Adoption of Addendum MND 4th Street Improvment Aug 27, 2024 (Addendum to MND and MMR for the GPA 2023- Staff Report – City Council Adopting Addendum to the previously approved MND – 4 th Street GPA and ZC 2023 Page 2 of 4
Assessor Parcel Maps 190-26 and 190-27 and the existing right-of-way will comply with the City of Arvin, Street Sections.

ENVIRONMENTAL REVIEW:

The California Environmental Quality Act as amended, Section 15164, Exhibit E, Addendum to an EIR or Negative Declaration, Subsection states “A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR or Negative Declaration, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.” Staff prepared the Addendum and analysis for the 4th Street Improvement and Renovation From Walnut Street eastward to Campus Drive Addendum To Mitigated Negative Declaration SCH No. SCH No 2023040027 GPA 2023-01- 4th Street General Plan Amendment and Zone Change Notice of Determination Filed July 13, 2023 – Fish and Game Fees Ref. No 24222, Exhibit C.

This Addendum to the adopted Mitigated Negative Declaration for the 4th Street and Campus Drive Project, General Plan Amendment and Zone Change 2023-01for the 4th Street Improvement and Renovations Project is prepared in compliance with Public Resources Code Section 21166 and 14 California Code of Regulations (“CEQA Guidelines”) Sections 15162 and 15164. As required by those Sections, this Addendum discloses to the City as the lead agency the projected impacts of the project traffic and circulation impacts of the roadway improvements and renovations are the same when compared to the impacts projected in the adopted Mitigated Negative Declaration for the 4th Street and Campus Drive Project.

4.D.1
Attachment: 1-Staff Report - Adoption of Addendum MND 4th Street Improvment Aug 27, 2024 (Addendum to MND and MMR for the GPA 2023- Staff Report – City Council Adopting Addendum to the previously approved MND – 4 th Street GPA and ZC 2023 Page 3 of 4
This Addendum finds that the roadway improvements and renovations along 4th Street will not cause no new, or substantially more severe, significant impacts when compared to those identified in the adopted Mitigated Negative Declaration for the 4th Street and Campus Drive Project. It finds that none of the conditions set forth in Public Resources Code Section 21166 and CEQA Guidelines Section 15162 have occurred. Therefore, under CEQA Guidelines Sections 15162 and 15164, no subsequent or supplemental EIR or Mitigated Negative Declaration is required and this Addendum to the adopted Mitigated Negative Declaration is legally adequate review under the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA “) with respect to the proposed 4th Street Improvements and Renovations from Walnut Street eastward to Campus Drive.

The State Guidelines for the Implementation of the California Environmental Quality Act of 1970 (Title 14 CCR Section 15164(b)) provide that the lead agency may employ an addendum to an adopted mitigated negative declaration if only minor technical changes or additions are necessary to make the prior document adequate for the current project. This report is an addendum to the Mitigated Negative Declaration prepared for General Plan Amendments 2023- 01 and Zoning Changes for 2023-01 incorporated therewith. The Mitigated Negative Declaration was adopted by the Arvin City Council on July 11, 2023, under Resolution No. 2023-44, Exhibit F, and approving General Plan Amendments 2023-01 and Zoning Changes for 2023-01 on July 25, 2023. The 4th Street Improvements and Renovations Project will also be subject to the Mitigation Monitoring Program adopted by the City Council on May 23, 2023, per Resolution No. 2023-21, Exhibit A.

The Addendum, Exhibit C, will be attached to Resolution No. 2023-21, Exhibit A, dated May 23, 2023.

Addendum Report - 4th Street Improvement and Renovation from Walnut Street eastward to Campus Drive - Addendum to Mitigated Negative Declaration SCH No. SCH No 2023040027 GPA 2023-01- 4th Street General Plan Amendment and Zone Change Notice of Determination Filed July 13, 2023 – Fish and Game Fees Ref. No 24222.

Upon Adoption of the proposed resolution, the City Clerk to file the Notice of Determination – Addendum – Mitigated Negative Declaration Filed on July 11, 2023 CC Resolution No. 2023-41 and 2023-42 Project Description: 4th Street Improvements and Renovations Project– City of Arvin with the Kern County Clerk’s Office and State of California Office of Planning And Research – CEQA Submit, Exhibit D.

PUBLIC NOTICE:

The California Environmental Quality Act as amended, Section 15164- Addendum to an EIR or Negative Declaration, Subsection c states “An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.” ACTION OF THE DECISION-MAKING BODY:

The California Environmental Quality Act as amended, Section 15164- Addendum to an EIR or Negative Declaration, Subsection d states “d. The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.”

4.D.1
Attachment: 1-Staff Report - Adoption of Addendum MND 4th Street Improvment Aug 27, 2024 (Addendum to MND and MMR for the GPA 2023- Staff Report – City Council Adopting Addendum to the previously approved MND – 4 th Street GPA and ZC 2023 Page 4 of 4
APPLICANT:

City of Arvin; Community Development Department, 200 Campus Drive, Arvin, CA 93203, Contact: Christine Viterelli, Grants Manager
RECOMMENDATION:

Staff recommends that the City Council adopt “Resolution of the City Council of the City of Arvin Adopting Addendum To The Adopted Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project (SCH No. 2023040027) for the 4th Street Improvements and Renovations Project – 2024 and Authorize the City Manager Pursue and Sign all Necessary Documents to Obtain Grant Opportunities to Implement the Project.

END OF REPORT.

ATTACHMENTS AND EXHIBITS:

Attachment 1 - Resolution of the City Council of the City of Arvin Adopting Addendum To The Adopted Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project (SCH No. 2023040027) for the 4th Street Improvements and Renovations Project – 2024 and Authorize the City Manager Pursue and Sign all Necessary Documents to Obtain Grant Opportunities to Implement the Project.

Exhibit A - Resolution No. 2023-21 - A Resolution of the City Council of the City of Arvin for Adoption of the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project,
Exhibit B - Notice of Determination was filed with the Kern County Clerk’s Office on July 13, 2023, and the Department of Fish and Game Fees were also paid on July 13, 2023, Document Number 24222, Receipt No. 15-07132023-15150131.

Exhibit C - 4th Street Improvement and Renovation from Walnut Street eastward to Campus Drive - Addendum to Mitigated Negative Declaration SCH No. SCH No 2023040027 GPA 2023- 01- 4th Street General Plan Amendment and Zone Change Notice of Determination Filed July 13, 2023 – Fish and Game Fees Ref. No 24222
Exhibit D - Notice of Determination – Addendum – Mitigated Negative Declaration Filed on July 11, 2023, CC Resolution No. 2023-41 and 2023-42 Project Description: 4th Street Improvements and Renovations Project– City of Arvin
Exhibit E – California Environmental Quality Act - Section 15164 - Addendum to an EIR or Negative Declaration
Exhibit F – 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123

4.D.1
Attachment: 1-Staff Report - Adoption of Addendum MND 4th Street Improvment Aug 27, 2024 (Addendum to MND and MMR for the GPA 2023- Reso City Council Adopting Addendum to the previously approve MND – 4th Street GPA and ZC 2023. Page 1 of 3 RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ADOPTING ADDENDUM TO THE ADOPTED MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING REPORTING AND

APPLICABLE PROGRAMS FOR THE GENERAL PLAN AMENDMENT
2023-01 AND ZONE CHANGE 2023-01 FOR THE 4TH STREET AND
CAMPUS DRIVE PROJECT (SCH NO. 2023040027) FOR THE 4TH
STREET IMPROVEMENTS AND RENOVATIONS PROJECT – 2024

AND AUTHORIZE THE CITY MANAGER TO PURSUE AND SIGN ALL

NECESSARY DOCUMENTS TO OBTAIN GRANT OPPORTUNITIES TO
IMPLEMENT THE PROJECT.

WHEREAS, The previous initial study, Mitigated Negative Declaration and Mitigation Monitoring Program for 4th St GPA-ZC 2023-01 - SCH No 2023040027 was adopted by the City Council on May 23, 2023. The City Council adopted Resolution No. 2023-21 - A Resolution of the City Council of the City of Arvin for Adoption of the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project, Exhibit A, and
WHEREAS, The Notice of Determination was filed with the Kern County Clerk’s Office on July 13, 2023 and the Department of Fish and Game Fees were also paid on July 13, 2023, Document Number 24222, Receipt No. 15-07132023-15150131, Exhibit B, and WHEREAS, Staff prepared the Addendum and analysis for the 4th Street Improvement and Renovation From Walnut Street eastward to Campus Drive Addendum To Mitigated Negative Declaration SCH No. SCH No 2023040027 GPA 2023-01- 4th Street General Plan Amendment and Zone Change Notice of Determination Filed July 13, 2023 – Fish and Game Fees Ref. No 24222, Exhibit C, and
WHEREAS, Upon Adoption of the proposed resolution, the City Clerk to file the Notice of Determination – Addendum – Mitigated Negative Declaration Filed on July 11, 2023 CC Resolution No. 2023-41 and 2023-42 Project Description: 4th Street Improvements and Renovations Project– City of Arvin with the Kern County Clerk’s Office and State of California Office of Planning And Research – CEQA Submit, Exhibit D, and WHEREAS, The California Environmental Quality Act as amended, Section 15164, Addendum to an EIR or Negative Declaration, Subsection states “A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR or Negative Declaration, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.”- Exhibit E, and
WHEREAS, The State Guidelines for the Implementation of the California Environmental Quality Act of 1970 (Title 14 CCR Section 15164(b)) provide that the lead

4.D.2
Attachment: 2-Reso Addendum for 4th St Improvement Project (Addendum to MND and MMR for the GPA 2023-01 & ZC 2023-01 4th St and Reso City Council Adopting Addendum to the previously approve MND – 4th Street GPA and ZC 2023. Page 2 of 3 agency may employ an addendum to an adopted mitigated negative declaration if only minor technical changes or additions are necessary to make the prior document adequate for the current project. This report is an addendum to the Mitigated Negative Declaration prepared for General Plan Amendments 2023-01 and Zoning Changes for 2023-01 incorporated therewith. The Mitigated Negative Declaration was adopted by the Arvin City Council on July 11, 2023, under Resolution No. 2023-44, Exhibit F, and
WHEREAS, The Addendum, Exhibit C, will be attached to Resolution No. 2023-21, Exhibit A, dated May 23, 2023, Addendum Report - 4th Street Improvement and Renovation from Walnut Street eastward to Campus Drive - Addendum to Mitigated Negative Declaration SCH No. SCH No 2023040027 GPA 2023-01- 4th Street General Plan Amendment and Zone Change Notice of Determination Filed July 13, 2023 – Fish and Game Fees Ref. No 24222.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

1. The above recitations are true and correct.

2. The City Council of the City of Arvin, State of California, adopts the Addendum to The Adopted Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project (SCH No. 2023040027) for the 4th Street Improvements and Renovations Project – 2024

3. The City Council Authorizes the City Manager Pursue and Sign all Necessary Documents to Obtain Grant Opportunities to Implement the Project

4. Upon adoption of this resolution, the City Clerk is directed to file the Notice of Determination with the Kern County Clerk’s office and with the State of California, CEQA Submit.

5. This Resolution shall become effective immediately.
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4.D.2
Attachment: 2-Reso Addendum for 4th St Improvement Project (Addendum to MND and MMR for the GPA 2023-01 & ZC 2023-01 4th St and Reso City Council Adopting Addendum to the previously approve MND – 4th Street GPA and ZC 2023. Page 3 of 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 27th day of August 2024 by the following vote:

AYES:________________________________________________________________________ NOES:________________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________ ATTEST
CITY OF ARVIN CECILIA VELA, City Clerk
By:

DANIEL BORRELI, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Attachments and Exhibits to the Resolution:

Attachment 1 - Resolution of the City Council of the City of Arvin Adopting Addendum To The Adopted Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project (SCH No. 2023040027) for the 4th Street Improvements and Renovations Project – 2024 and Authorize the City Manager Pursue and Sign all Necessary Documents to Obtain Grant Opportunities to Implement the Project.

Exhibit A - Resolution No. 2023-21 - A Resolution of the City Council of the City of Arvin for Adoption of the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for the General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project, Exhibit B - Notice of Determination was filed with the Kern County Clerk’s Office on July 13, 2023, and the Department of Fish and Game Fees were also paid on July 13, 2023, Document Number 24222, Receipt No. 15- 07132023-15150131.

Exhibit C - 4th Street Improvement and Renovation from Walnut Street eastward to Campus Drive - Addendum to Mitigated Negative Declaration SCH No. SCH No 2023040027 GPA 2023-01- 4th Street General Plan Amendment and Zone Change Notice of Determination Filed July 13, 2023 – Fish and Game Fees Ref. No 24222
Exhibit D - Notice of Determination – Addendum – Mitigated Negative Declaration Filed on July 11, 2023, CC Resolution No. 2023-41 and 2023-42 Project Description: 4th Street Improvements and Renovations Project– City of Arvin
Exhibit E - California Environmental Quality Act - Section 15164 - Addendum to an EIR or Negative Declaration
Exhibit F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123 I, ______________________________, City Clerk of the City Council of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.D.2
Attachment: 2-Reso Addendum for 4th St Improvement Project (Addendum to MND and MMR for the GPA 2023-01 & ZC 2023-01 4th St and

NOTICE OF DETERMINATION
Filing of Notice of Determination –
Addendum – Mitigated Negative Declaration
Filed on July 11, 2023 CC Resolution No.
2023-41 and 2023-42
Project Description: 4
th Street Improvements
and Renovations Project– City of Arvin

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
TO: https://ceqasubmit.opr.ca.gov
4th St GPA-ZC 2023 - SCH No 2023040027
Addendum – Project: 4th Street Improvements
and Renovations Project
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office
Project title: 4
th Street Improvements and Renovations Project
Description of Nature, Purpose, and Beneficiaries of Project: 4 th Street Renovation and Construction from Walnut Street eastward to Campus Drive is approximately 850 lineal feet. The project generally consists of a bicycle path on the north side of 4th Street, Landscape area is from the back of the 5’ sidewalk to the right of way, pavement section of 4” AC / 5” AB to match Walnut Street, and 3 service connections consisting of two (2) on the north side and one (1) on the south side for each utility. 4th Street is designated as a Local Street with a 60’-0” right-of-way. The 60’-0” right-ofway is illustrated on Assessor Parcel Maps 190-26 and 190-27 and the existing right-of-way will comply with the City of Arvin, Street Sections. The previous initial study, Mitigated Negative Declaration and Mitigation Monitoring Program for 4th St GPA-ZC 2023-01 - SCH No 2023040027 was adopted by the City Council on May 23, 2023. The City of Arvin is seeking grant funding to support the implementation of the street improvements. .

Project location: City of Arvin, Kern County. 4th Street Project is between Walnut Street and Campus Drive.

T31S R29E, General Location Lat 35.1087N and Lon 118.83193W.

Name of public agency approving project: City of Arvin, City Council, 200 Campus Drive, Arvin, CA 93203 approved the project on August 27, 2024.

Name and person or agency carrying out the project: City of Arvin, City Manager, 200 Campus Drive, Arvin, CA 93203 Email: [email protected] Phone: 661-606-6040
This is to advise that the City of Arvin, City Council, Resolution No. 2023-41, Adopted Mitigated Negative Declaration prior to acting on the abovedescribed project on July 11, 2023. The Addendum for the 4 th Street Improvements and Renovations Street Project is attached to the Initial Study and to the Notice of Determination and is on file at the City Clerks’. The following findings and determinations regarding the above-described project:

1. The 4
th Street Improvements and Renovations Project , PROJECT, herein described complies with the criteria established by Sections 15162 and 15164(b) and that the Addendum adequately addresses the environmental impacts as previously analyzed in the Initial Study and by the Adopted Mitigated Negative Declaration dated July 11, 2023 – Resolution No. 2023-41 and -42 and Filed with the Kern County Clerk office on July 13, 2023; and

2. The Addendum is hereby accepted as the appropriate environmental document for the proposed project by the City Council, and

3. The Addendum is to be attached to the Initial Study and the Notice of Determination for Adopted Negative Declaration filed with the Kern County Clerk office and to be placed in the project file.

No public notice is required for the adoption of the Addendum per Section 15164 ( c ). ❑ The project will or will not have a significant effect on the environment. ❑ An Environmental Impact Report was not prepared for the project pursuant to the provision of CEQA; ❑ Mitigation measure were were not, made a condition of the approval of the project. ❑ A mitigation reporting or monitoring plan was was not adopted for the project. ❑ A statement of Overriding Considerations was was not adopted for the project. ❑ Findings were were not made pursuant to the provisions of CEQA. ❑ California State Department of Fish & Game Fees – Filing Fee as of January 1, 2023, for a Mitigated Declaration is $814.00 check was previously submitted to California Department of Fish and Wildlife. (CA Code of Regulations Title 14 Section 753.5(4)) on and paid on July 13, 2023, Document No. 24222 for GP Amendment 2023-01 and GPA 2023-03. ❑ □ Kern County Clerk Administrative processing fees as of January 1, 2023, is $50.00. Check was made payable to Kern County Clerk and was submitted.

Contact person: Jake Raper, Planning Consultant/Project Coordinator, 200 Campus Drive, Arvin, CA 93203 Email: [email protected] Phone: 805-234-7908
Signature/Title/ Date: ________________________ / August 27, 2024 Jeffrey Jones, City Manager/Finance Director
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 Determination and its supporting documents may be reviewed/obtained during normal working hours at the above address.

4.D.3
Attachment: 3-Ex D - N of D - 4th St Improvments and Renovations Project- Aug 2024 (Addendum to MND and MMR for the GPA 2023-01 & ZC Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01

Page 1 of 9 ends

RESOLUTION NO. 2023-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

FOR ADOPTION OF THE ASSOCIATED MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING REPORTING AND
APPLICABLE PROGRAMS FOR GENERAL PLAN AMENDMENT 2023-
01 AND ZONE CHANGE 2023-01 FOR THE 4TH STREET AND CAMPUS DRIVE PROJECT.

WHEREAS, in March and April 2023, applications were submitted for a General Plan Amendment and Zone Change, now referred to as GPA and ZC 2023-01 (4 th Street and Campus
Drive); and
WHEREAS, the City of Arvin and property owner has submitted applications to amend the General Plan Land Use Element for Assessor’s Parcel Numbers 190-260-08 (1.43 Acres); 190-260-02 (2.29 acres), 190-260-01 (0.61 acres); and portion of 190-260-06 (4.53 acres) consisting of 8.86 +/- Acres from Public Facilities to Medium Density Residential; and WHEREAS, the requested zone change from Zone Change from Professional Office (CO) and Mixed-Use Overlay (MUO) to R-3 Limited Multiple Family for Assessor’s Parcel Numbers 190-260-08 (1.43 Acres); 190-260-02 (2.29 acres), 190-260-01 (0.61 acres); and portion of 190-260-06 (4.53 acres) consisting of 8.86 +/- Acres; and WHEREAS, the City and the property owner has proposed 8.86 Acres for Medium Residential Housing to assist in the implementation of the 2013-2023 Housing Element goals, polices, and work programs; and
WHEREAS, the 2013-2023 Housing Element indicates a need for 1,168 residential units. The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development; and
WHEREAS, the City is concurrently considering General Plan Amendment 2023 for the project site; and
WHEREAS, an environmental Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were prepared by the City, as lead agency, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines and the City CEQA Guidelines, and sent to all responsible and trustee agencies and posted in the Office of the County Clerk; and
WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration was filed with the Kern County Clerk’s office and a public review period of thirty (30) from March 30, 2023 to April 28, 2023 was provided; and
WHEREAS, copies of the environmental document for the GPA and ZC 2023-01 4th Street and Campus Drive were made available for public inspection during public review period

4.D.4
Attachment: 4-Ex A -2023-21 Reso MND_MMProgram_4th St and Campus Dr_CC Mtg 052323_Redacted (Addendum to MND and MMR for the Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01

Page 2 of 9 ends

at the City Clerk’s office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City’s website; and WHEREAS, during the 30-day public review period of the Initial Study and Notice of Intent to adopt the Mitigated Negative Declaration, the City received no inquires requesting additional information and received four emails, comment letters, and one objection by email; and
WHEREAS, an environmental Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were prepared by the City, as lead agency, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines and the City CEQA Guidelines, and sent to all responsible and trustee agencies and posted in the Office of the County Clerk; and
WHEREAS, the City conducted public hearings and has approved the general plan amendments and zone changes; and
NOW, THEREFORE, the City Council adopts the Mitigation Monitoring Reporting Program, Exhibit A for the project referred to as the 4 th Street and Campus Drive Project and
hereby finds, determines, resolves and orders as follows:

1. The above recitals are true and correct.

2. The City Council adopts the Mitigation Monitoring Reporting Program for the 4 th
Street and Campus Drive Project – GPA – ZC 2023-01.

3. Staff is directed to file the Notice of Determination with the Kern County Recorder’s Office.

4. The City Clerk Office is designated as the repository for the CEQA Documents.

5. This Resolution shall become effective immediately.
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4.D.4
Attachment: 4-Ex A -2023-21 Reso MND_MMProgram_4th St and Campus Dr_CC Mtg 052323_Redacted (Addendum to MND and MMR for the

4.D.4
Attachment: 4-Ex A -2023-21 Reso MND_MMProgram_4th St and Campus Dr_CC Mtg 052323_Redacted (Addendum to MND and MMR for the Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01

Page 4 of 9 ends

EXHIBIT A
Mitigation Monitoring Reporting and Applicable Programs 4 th Street and Campus Drive Project – GPA – ZC 2023 -01 Assessor’s Parcel Numbers (APNs) 190-260-08 (1.43 acres), 190-260-02 (2.29 acres), 190-260-06 (4.53 acres; portion), and 190-260-01 (0.61 acres) totaling approximately 8.86 acres (gross).

The Project site is located on the east side of North Walnut Street between Grapevine Drive and Bear Mountain Boulevard approximately 215 feet west of the intersection of 4th Street and Campus Drive.

Introduction
All public agencies are required by Section 15097 Mitigation Monitoring and Reporting to adopt monitoring programs when they approve proposed projects subject to environmental impact reports (EIR) or mitigated negative declarations (MND)that include mitigation measures to avoid significant adverse environmental impacts. The mitigation monitoring program is designed to ensure compliance with mitigation measures during project implementation in order to avoid significant adverse environmental impacts.

The law was passed in response to statewide historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. Monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.

A definitive set of mitigation measures would include enough detailed information and enforcement procedures to ensure compliance with the mitigation measures. This mitigation monitoring program is designed to provide a mechanism to ensure compliance with both existing and proposed mitigation measures.

Applicant’s Signature and Commitment to Implement Mitigation Monitoring, Reporting, and Program:
________________________________________________ ________________________ Print Name: Chris Soriano, City Planner Signature: Date:
(As an authorized representative or agent, by the City of Arvin, I am authorized to sign, and I commit to the implementation of the Monitoring Program, Mitigation Measures as established herein.)
Monitoring Program Procedures
It is required that the City of Arvin use this mitigation monitoring program for the proposed project. The mitigation monitoring program should be implemented as follows:

The Community Development Department (CCD), or its designee, shall be responsible for coordination of the mitigation monitoring program. The CCD shall be responsible for

4.D.4
Attachment: 4-Ex A -2023-21 Reso MND_MMProgram_4th St and Campus Dr_CC Mtg 052323_Redacted (Addendum to MND and MMR for the Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01

Page 5 of 9 ends

completing the mitigation monitoring program and distributing the mitigation monitoring program to the responsible individuals or agencies for their use in monitoring the mitigation measures. It is the responsibility of the CCD to convey to all individuals and agencies who will use this program, that it must be thoroughly read and understood in order to properly implement its mitigations.

Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring program have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency shall submit a copy of the mitigation monitoring program to the CCD to be placed in the project file. If the mitigation measure has not been complied with, the mitigation monitoring program shall not be returned to the CCD.

Prior to the completion of the proposed project, the CCD shall review the mitigation monitoring program to ensure that all mitigation measures and additional conditions of project approval included in the mitigation monitoring program have been complied with.

If a responsible individual or agency determines that a non-compliance has occurred, a written notice shall be delivered by certified mail to the entity or individual responsible for the project within 10 days, with a copy to the CCD, describing the non-compliance and specifying the manner in which compliance within a specified period of time will be attained.

If a non-compliance still exists at the expiration of the specified period of time, additional entitlements or construction may be halted and fines may be imposed at the discretion of the city.

Monitoring Program
The basis for this mitigation monitoring program is the existing mitigation measures contained in the Initial Study prepared by City of Arvin for the 4th Street and Campus Drive based upon various studies prepared by the applicant and correspondence received from responsible agencies and/or individuals. These mitigation measures become conditions of project approval which the project proponent is required to complete before, during, and after implementation of the proposed project.

4.D.4
Attachment: 4-Ex A -2023-21 Reso MND_MMProgram_4th St and Campus Dr_CC Mtg 052323_Redacted (Addendum to MND and MMR for the Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01

Page 6 of 9 ends

Mitigation Monitoring and Reporting Checklist
for City of Arvin General Plan Amendment No. 2023-01
and Rezone No. 2023-01 for 4th Street and Campus Drive (Project) MAY 2023
Mitigation Measures Timing of
Verification
Compliance
Verified By
Verification of
Completion
Date Initials
Cultural Resources
Mitigation Measure CUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented, as necessary, in conjunction with the construction of each phase of the Project:
a. Cultural Resources Alert on Project Plans. The project proponent shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources.
b. Stop Work Near any Discovered Cultural Resources. The project proponent shall retain a professional archaeologist on an “on-call” basis during ground disturbing construction for the project to review, identify and evaluate cultural resources that may be inadvertently exposed during construction. Should previously unidentified cultural resources be discovered during construction of the project, the project proponent shall cease work within 100 feet of the resources, and City of Arvin shall be notified immediately. The archaeologist shall review and evaluate any discoveries to determine if they are historical resource(s) and/or unique archaeological resources under CEQA.
c. Mitigation for Discovered Cultural Resources. If the professional archaeologist determines that any cultural resources exposed during construction constitute a historical resource and/or The Planning
Division to review
specifications to
ensure inclusion of
provisions in projectspecific mitigation
measure. Planning
Division also to
review construction
specifications to
ensure inclusion of
provisions included
in mitigation
measure. Following
discovery of
previously unknown
resource, a qualified
historical resources
specialist shall
prepare
recommendations and
submit to the
Planning Division.

Timing for
recommendations
shall be established
by project-specific
Planning
Division

4.D.4
Attachment: 4-Ex A -2023-21 Reso MND_MMProgram_4th St and Campus Dr_CC Mtg 052323_Redacted Reso Adopting Mitigation Monitoring and Reporting Check List –4
th Street and Campus Drive GP and ZC 2023
-01

Page 7 of 9 ends

unique archaeological resource, he/she shall notify the project proponent and other appropriate parties of the evaluation and recommended mitigation measures to mitigate the impact to a less- than-significant level. Mitigation measures may include avoidance, preservation in-place, recordation, additional archaeological testing and data recovery, among other options. Treatment of any significant cultural resources shall be undertaken with the approval of the City of Arvin. The archaeologist shall document the resources using DPR 523 forms and file said forms with the California Historical Resources Information System, Southern San Joaquin Valley Information Center. The resources shall be photo documented and collected by the archaeologist for submittal to the City of Arvin. The archaeologist shall be required to submit to the City of Arvin for review and approval a report of the findings and method of curation or protection of the resources. Further grading or site work within the area of discovery shall not be allowed until the preceding steps have been taken.
d. Disposition of Cultural Resources. Upon coordination with the City of Arvin, any pre-historic archaeological artifacts recovered shall be donated to an appropriate Tribal custodian or a qualified scientific institution where they would be afforded applicable cultural resources laws and guidelines.
mitigation measure.

Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission The Planning
Division to review
specifications to
ensure inclusion of
provisions in project-
specific mitigation
measure.

Planning
Division

4.D.4
Attachment: 4-Ex A -2023-21 Reso MND_MMProgram_4th St and Campus Dr_CC Mtg 052323_Redacted Reso Adopting Mitigation Monitoring and Reporting Check List –4
th Street and Campus Drive GP and ZC 2023
-01

Page 8 of 9 ends

(NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment.

Hazards and Hazardous Material
Mitigation Measure HAZ-1: For all projects proposing residential development, a Phase I Environmental Site Assessment (ESA) is required prior to project approval.

To be completed
prior to approval of
entitlements.

Depending on results,
a Phase II assessment
may be required.

Planning
Division
Mitigation Measure HAZ-2: For all projects proposing fill material from a site containing or formerly containing an undesirable use, as identified in the California Department of Toxic Substances Control’s 2001 Information Advisory Clean Imported Materials, proper soil testing shall be conducted to ensure soil is free of contamination.

Prior to issuance of
grading permit.

Planning
Division
Noise
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Arvin shall ensure the following with the Project proponent: • Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.

Prior to issuance of
any grading or
construction permits,
the Planning Division
shall ensure that
project construction
Planning
Division

4.D.4
Attachment: 4-Ex A -2023-21 Reso MND_MMProgram_4th St and Campus Dr_CC Mtg 052323_Redacted Reso Adopting Mitigation Monitoring and Reporting Check List –4
th Street and Campus Drive GP and ZC 2023
-01

Page 9 of 9 ends

• Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air
compressors and similar power tools rather than diesel
equipment shall be used.
• During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.
• During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise-sensitive receptors.
specifications.

Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.

Prior to issuance of
any grading or
construction permits,
the Planning Division
shall ensure that
project construction
specifications.

Planning
Division
Tribal Cultural Resources
See Cultural Resources

4.D.4
Attachment: 4-Ex A -2023-21 Reso MND_MMProgram_4th St and Campus Dr_CC Mtg 052323_Redacted

4.D.5
Attachment: 5- Ex B 2023.07.13 NOD GPA 2023-01_GPA 2023-03_ ZC 2023-01 Rezone_Redacted (Addendum to MND and MMR for the GPA

4.D.5
Attachment: 5- Ex B 2023.07.13 NOD GPA 2023-01_GPA 2023-03_ ZC 2023-01 Rezone_Redacted (Addendum to MND and MMR for the GPA

4.D.5
Attachment: 5- Ex B 2023.07.13 NOD GPA 2023-01_GPA 2023-03_ ZC 2023-01 Rezone_Redacted (Addendum to MND and MMR for the GPA

4.D.5
Attachment: 5- Ex B 2023.07.13 NOD GPA 2023-01_GPA 2023-03_ ZC 2023-01 Rezone_Redacted (Addendum to MND and MMR for the GPA

4.D.5
Attachment: 5- Ex B 2023.07.13 NOD GPA 2023-01_GPA 2023-03_ ZC 2023-01 Rezone_Redacted (Addendum to MND and MMR for the GPA

4.D.5
Attachment: 5- Ex B 2023.07.13 NOD GPA 2023-01_GPA 2023-03_ ZC 2023-01 Rezone_Redacted (Addendum to MND and MMR for the GPA Addendum Page 1 of 10
4 th STREET IMPROVEMENT AND RENOVATION

FROM WALNUT STREET EASTWARD TO CAMPUS DRIVE
ADDENDUM To Mitigated Negative Declaration SCH No. SCH No 2023040027 GPA 2023-01- 4
th Street General Plan Amendment and Zone Change
Notice of Determination Filed July 13, 2023 – Fish and Game Fees Ref. No 24222

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Addendum Page 2 of 10
4 TH STREET IMPROVEMENT AND RENOVATIONS PROJECT
-

ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR
GENERAL PLAN AMENDMENT 2023- 01 AND ZONE CHANGE 2023-01 FOR THE 4TH STREET AND CAMPUS DRIVE PROJECT
SCH No 2023040027

INTRODUCTION
This Addendum to the adopted Mitigated Negative Declaration for the 4th Street and Campus Drive Project, General Plan Amendment and Zone Change 2023-01for the 4th Street Improvement and Renovations Project, as set forth in further detail below, is prepared in compliance with Public Resources Code Section 21166 and 14 California Code of Regulations (“CEQA Guidelines”) Sections 15162 and 15164. As required by those Sections, this Addendum discloses to the City as the lead agency the projected impacts of the project traffic and circulation impacts of the roadway improvements and renovations are the same when compared to the impacts projected in the adopted Mitigated Negative Declaration for the 4th Street and Campus Drive Project.

This Addendum finds that the roadway improvements and renovations along 4th Street will cause no new, or substantially more severe, significant impacts when compared to those identified in the adopted Mitigated Negative Declaration for the 4th Street and Campus Drive Project. It finds that none of the conditions set forth in Public Resources Code Section 21166 and CEQA Guidelines Section 15162 have occurred. Therefore, under CEQA Guidelines Sections 15162 and 15164, no subsequent or supplemental EIR or Mitigated Negative Declaration is required and this Addendum to the adopted Mitigated Negative Declaration is legally adequate review under the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA “) with respect to the proposed 4th Street Improvements and Renovations from Walnut Street eastward to Campus Drive.

The State Guidelines for the Implementation of the California Environmental Quality Act of 1970 (Title 14 CCR Section 15164(b)) provide that the lead agency may employ an addendum to an adopted mitigated negative declaration if only minor technical changes or additions are necessary to make the prior document adequate for the current project. This report is an addendum to the Mitigated Negative Declaration prepared for General Plan Amendments 2023-01 and Zoning Changes for 2023-01 incorporated therewith. The Mitigated Negative Declaration was adopted by the Arvin City Council on July 11, 2023, under Resolution No. 2023-44 and approving General Plan Amendments 2023-01 and Zoning Changes for 2023-01 on July 25, 2023. The 4th Street Improvements and Renovations Project will also be subject to the Mitigation Monitoring Program adopted by the City Council on May 23, 2023, per Resolution No. 2023- 21, Attachment A (On File At The City Clerk’s Office).

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Addendum Page 3 of 10
LOCATION:

The 4
th Street Improvements and Renovations is approximately 850 lineal feet. The street improvements are between Walnut Street and Campus Drive. The Design Concept below illustrates the 4 th Street
improvements and renovations. Township: T31S Range: R29E Section 23. Generally, Lat 35.1087N and Lon 118.83193W

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Addendum Page 4 of 10
PROJECT DESCRIPTION:
2024 - 4th Street Improvements and Renovation from
Walnut Street Eastward to Campus Drive
4 th Street Renovation and Construction from Walnut Street eastward to Campus Drive is approximately 850 lineal feet. Landscape area is from the back of the 5’ sidewalk to the right of way, pavement section of 4” AC / 5” AB to match Walnut Street, and 3 service connections consisting of two (2) on the north side and one (1) on the south side for each utility. 4th Street is designated as a Local Street with a 60’-0” right-ofway. The 60’-0” right-of-way is illustrated on Assessor Parcel Maps 190-26 and 190-27 and the existing right-of-way will comply with the City of Arvin, Street Sections. The previous initial study, Mitigated Negative Declaration and Mitigation Monitoring Program for 4th St GPA-ZC 2023-01 - SCH No 2023040027 was adopted by the City Council on May 23, 2023.

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Addendum Page 5 of 10
Kern County Assessor Map References APN 190-26 and 190-27 – Illustration Existing 60’-0” Right of Way

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Addendum Page 6 of 10
4 th Street – Photographs looking east toward Campus Drive and looking west toward Walnut Street 2024 4th Street Improvements and Renovation from Walnut Street to Campus Drive

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Addendum Page 7 of 10
Cost Estimate by Quad Knopf Engineering -2022
The Cost Estimates Will Increase Due to Inflation and Labor Costs (New cost estimates will be solicited)
City of Arvin Project: 4th Street Improvements, Walnut to Campus – 12-1-2022 1 1 LS Mobilization/Demobilization $68,579.76 $68,579.76 2 1 LS Place and Maintain Traffic Control $10,000.00 $10,000.00 3 1 LS Clearing, Grubbing & Demolition $30,000.00 $30,000.00 4 7 EA Construct City Standard Type A Commercial
Drive Approach and in Access Ramp
$7,500.00 $52,500.00
5 3 EA Construct ADA Access Ramp Complete in
Place
$5,000.00 $15,000.00
6 519 CY
Complete and in place
5" Class II Aggregate Base $75.00 $38,944.44
7 841 TONS Install 4" of Asphalt Concrete $125.00 $105,150.00 8 950 CY Earthwork $15.00 $14,250.00
9 1,731 LF Standard Curb and Gutter $30.00 $51,922.20
10 8,654 SF Concrete Sidewalk $10.00 $86,537.00
11 5 EA Street Lights $2,000.00 $10,000.00
12 10 EA Street Signs $500.00 $5,000.00
13 15,577 SF Landscaping and irrigation $10.00 $155,766.60 14 5 EA Survey Monument $750.00 $3,750.00
15 5 EA Survey Monument Encasement $750.00 $3,750.00
16 1 LS Thermoplastic Striping, Markings $15,000.00 $15,000.00 17 1 LS Quality Control Program / Materials Testing $15,000.00 $15,000.00 18 1 LS Storm Water Pollution Prevention Plan $5,000.00 $5,000.00 19 1 LS Construction staking and Record Drawings $25,000.00 $25,000.00 20 1 LS Transit Stop $50,000.00 $50,000.00
21 4 EA Adjust Water Valve Boxes to Finish Grade $1,000.00 $4,000.00 22 1,000 LF 8" Pipe, PVC C900 $75.00 $75,000.00
23 3 EA 6" Water Service, Meter Box, Backflow
Assembly $10,000.00 $30,000.00
24 3 EA 8" Fire Service and Backflow Assembly $8,000.00 $24,000.00 25 3 EA Fire hydrant $3,000.00 $9,000.00
26 2 EA Tie into Existing Water $5,000.00 $10,000.00
27 6 EA 48" Manholes $5,000.00 $30,000.00
28 900 LF 8" Sewer Main (SDR35 PVC) $55.00 $49,500.00
29 75 LF 8" Sewer Lateral (SDR35 PVC) $55.00 $4,125.00

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Addendum Page 8 of 10
30 2 EA Tie into Existing Sewer $5,000.00 $10,000.00
31 6 EA 48" Manhole $5,000.00 $30,000.00
32 800 LF 24" RCP $130.00 $104,000.00
33 2 EA Type 'A' Catch Basin $5,000.00 $10,000.00
34 1 EA Tie into Existing Storm $5,000.00 $5,000.00
35 1 EA Tie into Existing Gas $5,000.00 $5,000.00
36 1,147 LF 4" Gas Line $50.00 $57,350.00
Contingencies @ 30%: $432,052.50
TOTAL PROBABLE CONSTRUCTION COST: $1,872,227.51
ENGINEERING/DESIGN COST (15%): $281,000.00
TOTAL PROBABLE CONSTRUCTION & ENGINEERING/DESIGN COST:
$2,153,227.51

ENVIRONMENTAL ANALYSIS
The following table corresponds to the impact topics discussed in the Initial Study checklist for the Addendum to the adopted Mitigated Negative Declaration for the 4th Street and Campus Drive Project, General Plan Amendment and Zone Change 2023-01 project and the 4 th Street Improvement and
Renovations from Walnut Street to Campus Drive Project. Each item discusses changes to the facts and analysis, if any, to address the present project.

Checklist
Item No.

Impact Topic Discussion of Technical Changes or Additions 1 Aesthetics No changes.
2 Agricultural Resources No changes.
3 Air Quality No changes.
4 Biological Resources No changes.
5 Cultural Resources No changes.
6 Geology/Soils No changes.
7 Hazards/Hazardous Materials No changes.
8 Hydrology/Water Quality No changes.
9 Land Use/Planning No changes.
10 Mineral Resources No changes.
11 Noise No changes.
12 Population/Housing No changes.
13 Public Services No changes.
14 Recreation No changes.

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Addendum Page 9 of 10
Checklist
Item No.

Impact Topic Discussion of Technical Changes or Additions 15 Transportation/Traffic No changes.
16 Utilities/Service Systems No changes.
17 Mandatory Findings of
Significance
No changes.

CONCLUSION:

CEQA Guidelines Section 15162 sets forth the criteria for whether or not a subsequent EIR or Mitigated Negative Declaration shall be required for subsequent approvals on a previously analyzed project as follows: (Discussion of these criteria in relation to the present proposal are inserted below in italics.)

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

The project is essentially the same as discussed in the previous mitigated negative declaration.

2. Substantial changes have occurred with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous EIR or Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
The mitigated negative declaration was adopted on July 11, 2023, and there is no evidence that any substantial changes with respect to the circumstances under which the project is undertaken have occurred.

3. New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Mitigated Negative Declaration was adopted, shows any of the following:

A. The project will have one or more significant effects not discussed in the previous EIR or Mitigated Negative Declaration.

B. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; but the project proponents decline adopt the mitigation measure or alternative; or D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Based on the discussion under “Environmental Analysis” above, none of the factors listed under subsection (3) have occurred in relation to the present proposal.

Based on the analysis above, none of the criteria set forth in CEQA Guidelines Section 15162 for preparation of a subsequent environmental document have been met. The Mitigated Negative

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Addendum Page 10 of 10
Declaration prepared and adopted for GPA and ZC’s 2023-01 and 2023-03, with only minor additions or corrections as described herein, is determined to be adequate evaluate the 4 th Street Improvements
and Renovation Project.

ATTACHMENTS:

Mitigated Negative Declaration, Mitigation Monitoring Programs, and Initial Studies for GPA and ZC’s 2023-01 and 2023-03 adopted by the City Council are on file at the City Clerk’s Office.

APPROVED

JEFFREY JONES, CITY MANAGER/FINANCE DIRECTOR
ACTING AS ARVIN’S ENVIRONMENTAL ASSESSMENT OFFICER
(Resolution No. 2022-08 Adopted March 8, 2022)
BY:

DATE APPROVED:

4.D.6
Attachment: 6-Exhibit C -4th Street Cons - Addendum to MND- 4th Street GPA - ZC SCH No 2023040027 (Addendum to MND and MMR for the Current through Register 2024 Notice Reg. No. 25, June 21, 2024 Section 15162 - Subsequent EIRs and Negative Declarations(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.
(c) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed.

Cal. Code Regs. Tit. 14, § 15162

1. Amendment of section heading, text and NOTE filed 8-19-94; operative 9-19-94 (Register 94, No. 33).

2. Amendment of subsection (c) and NOTE filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).

3. Change without regulatory effect amending subsections (b)-(c) and NOTE filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).

Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21166, Public Resources Code; Bowman v. City of Petaluma (1986) 185 Cal.App.3d 1065; Benton v. Board of Supervisors (1991) 226 Cal.App.3d 1467; and Fort Mojave Indian Tribe v. California Department of Health Services et al. (1995) 38 Cal.App.4th 1574.

4.D.7
Attachment: 7-Ex E - Section 15162 and 15164 Addendums to EIR - ND (Addendum to MND and MMR for the GPA 2023-01 & ZC 2023-01 4th St

1. Amendment of section heading, text and Note filed 8-19-94; operative 9-19-94 (Register 94, No. 33).

2. Amendment of subsection (c) and Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).

3. Change without regulatory effect amending subsections (b)-(c) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).

Current through Register 2024 Notice Reg. No. 25, June 21, 2024 Section 15164 - Addendum to an EIR or Negative Declaration (a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record.

The explanation must be supported by substantial evidence.

Cal. Code Regs. Tit. 14, § 15164

1. Amendment of section heading, text and NOTE filed 8-19-94; operative 9-19-94 (Register 94, No. 33).

2. Amendment of subection (b) and NOTE filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).

3. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).

Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21166, Public Resources Code; Bowman v. City of Petaluma (1986) 185 Cal.App.3d 1065; and Benton v. Board of Supervisors (1991) 226 Cal.App.3d 1467.

4.D.7
Attachment: 7-Ex E - Section 15162 and 15164 Addendums to EIR - ND (Addendum to MND and MMR for the GPA 2023-01 & ZC 2023-01 4th St

Page 1 of 4 ends

Reso Adopting General Plan Amendments to the City of Arvin General Plan Land Use Element - GPA 2023-01 and GPA 2023-03.

RESOLUTION NO. 2023-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ADOPTING GENERAL PLAN AMENDMENTS TO THE CITY OF ARVIN
GENERAL PLAN LAND USE ELEMENT – GPA 2023-01 AND GPA 2023-

03. WHEREAS, the City of Arvin is mandated by the State of California to maintain an adequate and proper General Plan; and
WHEREAS, because of that mandate City of Arvin’s General Plan and the various elements thereof must be periodically updated with current data, recommendations, and policies; and
WHEREAS, the City of Arvin Planning Division and the Planning Commission, in accordance with Government Code Sections 65353 and 65345, have made recommendations to the City Council regarding potential amendments to the Land Use Element of the General Plan; and
WHEREAS, pursuant to Government Code Section 65355, the City Council has reviewed and held at least one public hearing on the recommended amendments to the Land Use Element of the General Plan; and
WHEREAS, the City Council finds that the proposed amendments to the Land Use Element of the General Plan are consistent with those portions of the General Plan not otherwise amended.

NOW, THEREFORE, BE IT RESOLVED that the City of Arvin City Council hereby approves and accepts the environmental document(s) on the following amendments to the General Plan, and approves and adopts the following amendments to the General Plan based on the findings and reasons set forth in the staff reports and other documents considered by the City Council at the public hearing, except as may be noted therein:

1. Resolution No. 2023-20 dated May 23, 2023 - General Plan Land Use Element (GP Amendment 2023-01) located at 4th Street and Campus Drive by approving the change of Land Use Designation on 8. 862+/- Acres for Assessor’s Parcel Numbers 190-260-08 (1.43 Acres); 190-260-02 (2.29 acres), 190-260-01 (0.61 acres); and portion of 190-260-06 (4.53 acres) from Public Facilities to Medium Density Residential and Associated Mitigated Negative Declaration.

The Amendment (GPA 2023-01) was considered on May 23, 2023 by the City Council and was conceptually approved by the following vote of the City Council:

AYES: MURILLO, HORTON, BORRELI, TRUJILLO; ABSENT: REYES

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Reso Adopting General Plan Amendments to the City of Arvin General Plan Land Use Element - GPA 2023-01 and GPA 2023-03.

2. Resolution No. 2023-44 dated July 11, 2023 - General Plan Land Use Element 2023 Update, an Element of the General Plan, Exhibit A, and Acceptance of the CEQA Determination of a Mitigated Negative Declaration of the Californian Environmental Quality Act (CEQA). The 2023 Land Use Element Update establishes residential density increases, amendments and clarifications for the residential land classifications; updates to tables that reflect the proposed residential amendments; inclusion of the adopted Sphere-of-Influence that include Figures and Diagrams for the conceptual land use configurations and uses; updates to tables to be in conformity with zoning and land use designations; establishment of a new Land Use Diagram within the City Limits and within the Sphere-ofInfluence – Figure LU-2; additions and amendments to Residential Designations – Estate Residential Designation – provides for 1 unit per 12,000 square feet to 1 unit per 2.5 acres, Residential Reserve – clarifies that agricultural uses are permitted and provides for 1 unit per acre, Low Density Residential – modifies the density allowing 4 to 10 units per acre, Medium-Low Density Residential (New residential designation) allows the density from 10-16 units per acre, Medium Density Residential – allows 16 to 24 units per acre, High Density Residential – allows 21 to 30 units per acre, Parks – clarifies that the typical zoning designation is OSOpen Space, Public Facilities -expands the uses that are related to public uses and the typical zoning designation if PF-Public Facilities, Schools – identifies that the typical zoning designation is SZ- School Zone, Agricultural – expands the permitted uses and discussions of potential conflict between uses, the typical zoning designation are the A-1, A-2, and RS-1; Updated Holding Capacity for Residential and Non-Residential discussion and tables; updated discussion for Disadvantaged Unincorporated Communities (DUC) based on the recently adopted 2023 Environmental Justice Element.

The Amendment (GPA 2023-03) was considered on July 11, 2023, by the City Council and was conceptually approved by the following vote of the City Council:

AYES: MURILLO, REYES, HORTON, BORRELI; ABSENT: TRUJILLO NOW, THEREFORE, the City Council of the City of Arvin (the “Council”) find, determine, resolve and order as follows:

1. The above recitals are true and correct.
a. The Initial Study is on file at the City Clerk’s office located at 200 Campus Drive, Arvin, CA 93203.
b. The resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring Program reflects the City's independent judgement and analysis. c. On the basis of the whole record, including the Initial Study, and any comments received and the responses to said comments, that there is no substantial evidence that the project, collectively or singularly, will have a significant effect on the environment.

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Reso Adopting General Plan Amendments to the City of Arvin General Plan Land Use Element - GPA 2023-01 and GPA 2023-03.
d. The project mitigation imposed, as described in the Initial Study and supporting documents, will avoid any potentially significant effects to a point where there are no significant adverse impact on the environment would occur with the mitigation imposed.

Based on the foregoing, the City Council adopts the Mitigated Negative Declaration for the General Plan Amendments as specified above will not result in any significant, adverse, environmental impacts with the mitigation imposed. Additionally, the City Council adopts the associated Mitigation Monitoring and Reporting Program for the Project.

The City Clerk located at 200 Campus Dr, Arvin, CA 93203 shall serve as the custodian of all documents or other material which constitutes the record of proceedings upon which the adoption of the Mitigated Negative Declaration is based.

The City Council directs, City Manager, or designee, to execute and file with the Kern County Clerk, within five business days of the final adoption of the resolution (July 11, 2023), an approval of the project a Notice of Determination that complies with CEQA Guidelines, section 15075.

2. The City Council finds that it is in the public interest to amend the General Plan as proposed by General Plan Amendment 2023-01, and the City Council approves the General Plan Amendment 2023-01 as reflected on the Land Use Diagram — Exhibit A and General Plan Amendment 2023 General Plan Land Use Element Update – Exhibit A on file at the City Clerks office.

3. This Resolution shall become effective immediately.
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– Acknowledgments – Index Updated 2023
Arvin General
Plan

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– Acknowledgments – Index Updated 2023
Cover Art:

Alejandra Gutierrez, Sierra Vista School (Upper Left)
Isabel, Sierra Vista School (Upper Right)
Juana Garcia, Bear Mountain Elementary School (Lower Left) Diego Colmenares Sierra Vista School (Lower Right)

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City of Arvin
General Plan
Historical Updates and Amendments
Adopted by the Arvin City Council on August 21, 2012
Resolution No. 2012-34 – Introduction, Land Use Element, Conservation and Open Space Element, Air Quality Element, Community Health Element, Implementation.

General Plan Updated:

Resolution No. 2018-23 – Housing Element
Resolution No. 2019- 03 - Safety Element Update
Resolution No. 2019-09 – Land Use Element Update
Resolution No. 2019-41 – Water Element
Resolution No. 2023-10 - Environmental Justice Element
Resolution No. 2023-XX Land Use Element Update
Resolution No. 2023-XX Housing Element 2023-2031 Update City of Arvin
200 Campus Drive
Arvin, California 93203

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City of Arvin
General Plan Update as of
July 2023
City Council (2023)
Olivia Trujillo, Mayor
Daniel Borreli, Mayor Pro Tern
Donny Horton, Councilmember
Susana Reyes, Councilmember
Juan Murillo, Councilmember
Planning Commission (2023)
Joshlyn Horton, Chairperson
Anaiza Prado, Vice Chairperson
Sergio Hernandez, Planning Commissioner
Fatima Gonzalez, Planning Commissioner
Rubie Carmona, Planning Commissioner
City of Arvin – Management (2023)
Jeffrey Jones, City Manager/Finance Director
Cecilia Vela, City Clerk
Nathan Hodges, City Attorney – Hodges Law Group
Megan Miller, Human and Community Resources Manager
Oscar Fuentes, City Engineer
Chris Soriano, City Planner
Christine Viterelli, Grants Manager

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City Council
2019 2012
Jose Gurrola, Mayor Tim Tarver, Mayor
Jazmin Robles, Mayor Pro Tem Fernando Guzman, Mayor Pro Tem Gabriela Martinez, Councilmember Jose Flores, Council Member Olivia Trujillo, Councilmember Steven Ojeda, Council Member Mark S. Franetovich, Councilmember Toni Pichardo, Council Member Planning Commission
2019 2012
VACANT, Chair Lonnie Ferguson, Chairperson
Janett Zavala, Vice Chairperson Victor Garcia, Vice Chairperson Yesenia Martinez, Planning
Commissioner
Martha Flores, Commissioner
Miguel Rivera, Planning Commissioner George LaFavor, Commissioner Gerardo Tinoco, Planning Commissioner Aurelio Reyna, Commissioner City of Arvin
2019 2012
Richard G. Breckinridge, City Manager Tim Chapa, City Manager Cecilia Vela, City Clerk Cecilia Vela, City Clerk
Shannon L. Chaffin, City Attorney – Aleshire
& Wynder
Issac A. George, Director of Planning &
Building (Former)
Jeffery Jones, Finance Director Greg Collins and Karl C. Schoettler, Contract Planner, Collins & Schoettler
Planning Consultants
Adam Ojeda, City Engineer, DeWalt
Corporation
Rachel H. Richman, City Attorney,
Burke, Williams & Sorensen, LLP
Pawan Gill, Administrative Services Director
Jake Raper, AICP City Planner – JAS
Consultants
Mitzy Cuxum – Senior Planner
l

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General Plan Team – 2023
City of Arvin – Management – January 2023
Jeffrey Jones, City Manager/Finance Director
Cecilia Vela, City Clerk
Nathan Hodges, City Attorney – Hodges Law Group
Megan Miller, Human and Community Resources Manager
Oscar Fuentes, City Engineer
Chris Soriano, City Planner
Christine Viterelli, Grants Manager
General Plan 2023 Update Funded by:

SB2 Planning Grants Program, Calif. Department of Housing and Community Development 2022-23
General Plan Team – 2012
GRC Associates, Inc.

General Plan Advisory Group
Arvin Chamber of Commerce, Victor Garcia
Arvin Unified School District, Dr. Michelle McLean, Superintendent California Rural Legal Assistance, Ruby Renteria
ChangeLab Solutions, Heather Wooten
Committee for a Better Arvin, Salvador Partida
Dolores Huerta Foundation, Camila Chavez and Timoteo Prado Kern County Public Health Services Department, Dr. Avtar Nijjer-Sidhu Local Government Commission, Laura Podolsky
The Center for Race, Poverty and Environment, Laura Baker Acknowledgment of Artwork – 2012
Students of Sierra Vista Elementary School
Students of Bear Mountain Elementary School
General Plan 2012 Update Funded by:

California Department of Conservation, Sustainable Communities Planning Grant

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The California Endowment
Kern Council of Governments FY 2010-2011 Overall Work Program and Financial Plan Table of Contents
Updated July 2023
INTRODUCTION (2012- Reso No 2012-34)...........................................................I-1 City of Arvin..........................................................................................................I-1 Purpose of the General Plan ................................................................................I-1 Planning Area .......................................................................................................I-3 Key Supporting Documents, Other Plans and Planning Tools .............................I-3 Content of the General Plan ................................................................................I-8 Community Participation ...................................................................................I-10 LAND USE ELEMENT (Amended 2023 -Resolution No. 2023-XX) (Amended 2019 – Reso No 2019-09 ) (2012- Reso No 2012-34)
Introduction ..................................................................................................... LU-1 Authority .......................................................................................................... LU-1 Purpose ............................................................................................................ LU-2 Relationships to Other Elements, Plans and Planning Tools ........................... LU-2 Land Use Designations and Corresponding Zoning ........................................ LU-5 Measuring Density and Intensity ..................................................................... LU-8 General Plan Land Use Diagram ...................................................................... LU-9 Description of Land Use Designations ........................................................... LU-11 (Updated 2023 and February 12, 2019)
Holding Capacity ............................................................................................ LU-16 Disadvantaged Community and SB244 (Updated February 12, 2019)………..LU-20 Land Use Element Goals and Policies ............................................................ LU-25 CONSERVATION AND OPEN SPACE ELEMENT (2012- Reso No 2012-34) ................. CO-1 Introduction .....................................................................................................CO-1 Authority ..........................................................................................................CO-1 Purpose ............................................................................................................CO-2 Relationship to Other Elements, Plans and Planning Tools.............................CO-2 Existing Conditions and Policy Conerns...........................................................CO-6 Conservation and Resource Management.......................................................CO-6

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Natural Resources..........................................................................................CO-13 Public Health and Safety ................................................................................CO-14 Recreation/Cultural/Community ...................................................................CO-17 Conservation and Open Space Element Goals and Policies...........................CO-21 AIR QUALITY ELEMENT (2012- Reso No 2012-34) ..................................................AQ-1 Introduction .....................................................................................................AQ-1 Authority ..........................................................................................................AQ-2 Purpose ............................................................................................................AQ-2 Relationship to Other Plans and Planning Tools..............................................AQ-2 Air Quality Issues..............................................................................................AQ-4 Land Use Regulations and Development Patterns ..........................................AQ-9 Energy Conservation in Building Construction and Operations ....................AQ-10 Air Quality Element Goals and Policies..........................................................AQ-11 COMMUNITY HEALTH ELEMENT (2012- Reso No 2012-34) .................................... CH-1 Introduction .....................................................................................................CH-1 Authority ..........................................................................................................CH-1 Purpose ............................................................................................................CH-2 Relationship to Other Elements, Plans and Planning Tools.............................CH-2 The Built Environment and Health...................................................................CH-3 Health Issues Facing Arvin................................................................................CH-4 Community Health Element Goals and Policies...............................................CH-9 CIRCULATION ELEMENT (August 21, 2012 – Reso No 2012-33) ...........................C-1 HOUSING ELEMENT 2023-2031 (July XX, 2023 – Reso No. 2023- XX) (March 27, 2018 – Reso No 2018-23) .........................................................................................H-1 NOISE ELEMENT (1988) .................................................................................... N-1 SAFETY ELEMENT (January 22, 2019 – Reso No. 2019-03 ).....................................1 Purpose .................................................................................................................3 Relationship to Other General Plan Elements ......................................................3 Context and Settign ...............................................................................................4 Geologic and Seismic Hazards ...............................................................................4 Geologic Hazards ...................................................................................................4 Seismic Hazards .....................................................................................................7 Flood Hazards ......................................................................................................11

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Hazardous Materials ...........................................................................................14 Oil Wells – Sie Develop;et Adjacent to and Over Abandoned Oil and Gas Wells 16 Fire Hazards .........................................................................................................17 Airport Operations ..............................................................................................17 Emergency Services, Preparedness, and Response .............................................19 Goals and Policies ................................................................................................23 Exhibits:

Figue 4.34 – earthquake Shake Map for Kern County ..........................................9 Figure 4.81 City of Arvin Flood Hazards ..............................................................13 Figure 4.82 City of Arvin Wild Fire Risk ...............................................................18 WATER RESOURCES ELEMENT ( Resolution No. 2019—41)……………………………..WR-1 ENVIRONMENTAL JUSTICE ELEMENT (Resolution No. 2023-10) ……………………..EJ-1 ECONOMIC DEVELOPMENT ELEMENT (1988) ................................................. ED-1 IMPLEMENTATION PLAN (Reso No 2012-34) .........................................................IP-1 CLIMATE ACTION PLAN February 2013
DRAFT EXISTING CONDITIONS REPORT – AIR QUALITY AND COMMUNITY HEALTH ELEMENT (February 2012)
1988 GENERAL PLAN (1988)

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Tables
TABLE LU-1 GENERAL PLAN LAND USE – CITY LIMITS (UPDATED 2023) ………….LU-5 TABLE LU-2 CONCEPTUAL GENERAL PLAN LAND USE- SPHERE OF INFLUENCE….LU-7 TABLE LU-3 GENERAL PLAN LAND USE AND CORRESPONDING ZONING………….. LU-8 TABLE LU-4 RESIDENTIAL CAPACITY …………………………………………………………………LU-17 TABLE LU-5 CONCEPTUAL RESIDENTIAL CAPACITY SPHERE OF INFLUENCE……....LU-18 TABLE LU-6 COMMERCIAL, INDUSTRIAL AND PUBLIC USE CAPACITY…………………LU-19 TABLE LU-7 COMMERCIAL, INDUSTRIAL AND PUBLIC USE CAPACITY - CONCEPTUAL LAND USE DESIGNATION WITHIN SPHERE OF INFLUENCE……….... LU-19 TABLE CO-1: ARVIN PARKS ..............................................................................CO-19 TABLE IP-1: ARVIN GENERAL PLAN IMPLEMENTATION ACTIONS .....................IP-2 Figures
FIGURE I-1: REGIONAL LOCATION OF ARVIN.......................................................I-2 FIGURE I-2: ARVIN PLANNING AREA – Sphere of Influence Updated July 2023.I-4 FIGURE 1-2a: ARVIN GENERAL PLAN – LAFCo ADOPTED SOI 2019……………………..I-5 FIGURE LU-1: FLOOR AREA RATIO....................................................................... LU-9 FIGURE LU-2: ARVIN GENERAL PLAN- LAND USE DIAGRAM-CITY LIMITS AND

CONCEPTUAL LAND USE DIAGRAM WITHIN THE SPHERE OF
INFLUENCE Udated July 2023 (Updated February 12, 2019) ............... LU-10 FIGURE CO-1: ACTIVE OIL WELLS.......................................................................CO-12 FIGURE CO-2: FEMA FLOODING MAP................................................................CO-16 FIGURE CO-3: PUBLIC SERVICES ........................................................................CO-20 FIGURE AQ-1: ANTHROPOGENIC ROG EMISSIONS BY SOURCE, 2008.................AQ-8 Diagram
DIAGRAM SOI-1 ARVIN GENERAL PLAN – LAFCO ADOPTED SOI FEBRUARY 2019 – …. CORRECTED RECORDING JANUARY 18, 2024 DOC #223007096……… ……………..LU-6

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INTRODUCTION
City of Arvin
The City of Arvin was incorporated in 1960, and is located in the southern-most portion of California's Central Valley. The City, known as “The Garden in the Sun,” is situated in one of the most fertile and productive agricultural areas of the nation. As a city of approximately five square miles in size, it is surrounded by farmland and is economically dependent on agricultural activities. The City is home to approximately 19,588 (2020 Census) residents , and since the 1970’s, has grown by roughly 30 percent each decade. Currently, Arvin is the seventh largest city in population of the 11 cities in Kern County — larger than the City of Shafter, but smaller than Wasco. Figure I-1 illustrates the location of Arvin in the Kern County.

The benefits that growth and development bring to the City’s housing supply, economic wellbeing and tax base are complicated by the equally important concerns of environmental quality and natural resource protection. Arvin already faces enormous challenges pertaining to air quality and safe drinking water; while the causes of these problems are regional in scope and, therefore, largely outside of the City’s control, increased development will make these issues harder to address. In addition, the level of development required to accommodate future growth will necessitate encroachment on the agricultural areas that support businesses that employ nearly half of all working-age Arvin residents. A balance must exist between these priorities if the City is to grow in a healthy and sustainable manner, and the General Plan seeks to achieve that balance.

Purpose of the General Plan
Every city and county in California is required by State law to prepare and maintain a comprehensive planning document
called a general plan. The general plan is the long-range “blueprint” for a jurisdiction and guides development
decisions, identifies long-term objectives for the next 15-20 years and contains policies and actions to help achieve community goals over that period of time. The general plan addresses all aspects of development and community
enhancement. The General Plan serves as a blueprint
for the physical development of the city. It sets long
term physical, economic, social, and environmental
goals for a jurisdiction and identifies the types of
development needed to achieve those goals. The nine
(9) required Elements of the General Plan (Land Use, Housing, Circulation, Conservation, Open Space, Noise, Safety, Air Quality, and Environmental Justice) The general plan serves to:
▪ Articulate a 15-20 year vision for the
future growth of the City;
▪ Identify the City’s land use, circulation,
housing, environmental, economic, and
social goals, policies and actions; and
▪ Provide direction in the planning and
evaluation of future development and
resource allocation decisions.

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and the City’s two (2) optional elements, Water Resources Element, and Community Health Element, complement each other, and provide a comprehensive plan for the future of the jurisdiction.

This General Plan will provide direction to the administrative and legislative functions within the City and help provide guidance to effectively determine desired development and revitalization. In addition, the General Plan will aid in prioritizing needed infrastructure projects in the City.

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Arvin General Plan Figure I-1

REGIONAL LOCATION OF ARVIN
´

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Planning Area
California State law requires that all general plans cover the area within the boundaries of the adopting city or county and “any land outside its boundaries which in the planning agency’s judgment bears relation to its planning.” The boundaries of the City are illustrated in Figure I-2. In addition, each city should consider its sphere of influence adopted by the Local Agency Formation Commission (LAFCO) into the planning area.

The sphere of influence designates the physical boundaries and services area of a city. Each county’s LAFCO is responsible for establishing a sphere for each city and special district in the county. The purpose of the sphere is to act as a benchmark for future annexation decisions.

Cities cannot establish their own sphere of influence. The City of Arvin City Council submitted Resolution No. 2018-68 on November 5, 2018, A Resolution of the City Council of the City of Arvin Requesting and authorizing an Applicationapplication for, and the initiation of, a sphere of Influence Amendment. LAFCO has sole responsibility for making this determination. LAFCo approved the City of Arvin’s Sphere of Influence in 2019 and recorded LAFCo Commission Resolution of Determination on January 18, 2023, Doc# 223007096. Figure I-2 and I-2a also illustrates Arvin’s sphere of influence, which is located adjacent to the north, south, east, and west boundaries of the city limits.

Key Supporting Documents, Other Plans and
Planning Tools
Assembly Bill 32
The State of California passed The California Global Warming Solutions Act of 2006 (AB 32).

This act commits the state to reducing ggreenhouse gas (GHG) emissions to 1990 levels by 2020, and to 80 percent below 1990 levels by 2050. The California Environmental Quality Act (Public Resources Code §21000 et seq.) (CEQA) requires feasible mitigation of significant environmental impacts arising from a city’s land use policies and development projects. The legislation aims to reduce GHG emission through transportation and land use planning. AB 32 requires the California Air Resources Board (ARB) to adopt regulations requiring the reporting and verification of statewide GHG emissions and to monitor and enforce compliance. The bill requires ARB to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective GHG emission reduction.

AB 32 authorizes ARB to adopt market-based compliance mechanisms that meet certain requirements. ARB is responsible for monitoring compliance with and enforcing any rule, regulation, order, emission limitation, emissions reduction measure, or market-based compliance mechanism it adopts.

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Arvin General Plan – LAFCO Adopted SOI
January 18, 2023, Doc# 223007096.

Figure I-2

ARVIN PLANNING AREA

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Arvin General Plan – LAFCO Adopted 2019 SOI Corrected Recording January 18, 2023, Doc# 223007096.

FIGURE I-2a ARVIN PLANNING AREA

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Senate Bill 375
In 2008, California passed the companion bill SB 375, the Sustainable Communities Planning Act, which provided the implementation policies to reach the GHG emission reduction goals through integration of transportation and land use planning. It requires metropolitan planning organizations to create a Sustainable Communities Strategy to reduce GHG emissions and requires that funding decisions for regional transportation projects be internally consistent with the strategy. SB 375 ties state transportation funding decisions to land use and links regional planning efforts, such as the Kern Regional Blueprint Program which intregrates transportation, housing, land use, economic development and environmental planning.

As part of SB 375, the Strategic Growth Council (SGC), a state cabinet level committee created to coordinate the sustainable planning activities of state agencies, developed the following 12 guiding principles of sustainability:

1. Improve air and water quality.

2. Promote public health.

3. Promote equity.

4. Increase housing affordability.

5. Promote infill and compact development.

6. Revitalize urban and community centers.

7. Protect natural resources and agricultural lands.

8. Reduce automobile usage and fuel consumption.

9. Improve infrastructure systems.

10. Promote water conservation.

11. Promote energy efficiency and conservation.

12. Strengthen the economy.

In addition, the California Air Resources Board Guidance on Planning to Reduce Greenhouse Gas Emissions provides assistance to local governments on meeting the targets for GHG emissions. Some of the key principles include:
▪ Aggressive land use and transportation planning policies, including more compact, mixed-use development with higher residential and employment densities served by transit.
▪ Increased opportunities for more affordable and workforce housing strategically located in mixed-use sites near employment or public transportation.

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▪ Programs to reduce vehicle trips, like employee transit incentives, telework programs, car-sharing, parking policies, public education programs and other strategies.
▪ Creation of complete neighborhoods with local services within walking distance. ▪ Congestion pricing strategies to provide a method of efficiently managing traffic demand while raising funds for needed transit, bike and pedestrian infrastructure investment.
▪ Changes in travel and land development likely to result from passenger rail expansion.
▪ Promotion of energy and water efficient buildings (LEED) through green building ordinances, project timing prioritization and other implementing tools. ▪ Promotion of green procurement and alternative fuel vehicle use through municipal mandates and voluntary bid incentives.
▪ Support for urban forestry through tree planting requirements and programs.

Kern Regional Blueprint Program
The Kern Regional Blueprint Program (“Blueprint Program”), developed by Kern Council of Governments (KernCOG) and adopted in 2008, addresses the future of the County. KernCOG is a Metropolitan Planning Organization (MPO), that addresses regional transportation issues and facilitates orderly development and growth within Kern County and its 11 incorporated cities. The Blueprint Program is part of a larger eight-county San Joaquin Valley process, which is designed to help regions plan for future growth and quality of life through the integration of transportation, housing, land use, economic development and environmental protection. The Blueprint Program calls for more compact, efficient development and the need for multi-modal transportation improvements to reduce vehicle miles traveled and improve quality of life. The Blueprint Program also recognizes the need to protect Kern County’s diverse ecological spectrum which includes mountains, deserts, valleys, extensive watersheds and agricultural domains. Elected officials from each city and county throughout the Valley will determine how their jurisdictions will accommodate the regional vision.

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Arvin Municipal Code
As required by State law, the Arvin Municipal Code
serves as the primary tool for implementing the
goals and policies of the General Plan. Title 17 of
the Municipal Code comprises the Zoning
Ordinance, which specifies permitted uses and
development standards for each zone, such as
density, minimum lot size, building heights and
setbacks, parking requirements and other
standards. The Land Use Element of the General
Plan defines the land use policies and the Zoning
Ordinance provides the detailed and specific
regulations and standards for all development
projects within the City.

The development standards within the Zoning Ordinance will be updated subsequent to the adoption of the Land Use Element. The updated Zoning Ordinance will reflect "green" concepts, including sustainable development and energy efficiency standards and regulations.

Enterprise Zone
In 2008, an Enterprise Zone totaling 1,116 acres was
established in Arvin. This Enterprise Zone is a specific area targeted by the State of California for economic
revitalization, in partnership with the City and private businesses. As part of the partnership, the State
grants incentives and benefits to businesses in the
Enterprise Zones to encourage economic growth and
job creation by offering tax advantages and incentives
to businesses locating within the zones’ boundaries.

As shown in Figure I-3, the Enterprise Zone is located
along Bear Mountain Boulevard, Sycamore Road, and
the industrial areas on Comanche Drive as well as to
the east of Derby Street. Under State law, all
development applications, including applications
within the Enterprise Zone, must be consistent with
the General Plan and comply with the development
standards of the Zoning Ordinance.

Figure I-3

ENTERPRISE ZONE
Arvin City Hall

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Opportunity Zone
Website: https://eig.org/opportunityzones - City of Arvin has been given a glowing, if possibly underreported, opportunity. Two census tracts, 63.03 and 63.04 have been specially designated by the federal government, which allows private investors to receive reduction in capital gains taxes.

Arvin’s Opportunity Zone is bounded by Hwy 223 (Bear Mountain Boulevard) to the south, Sycamore Road to the north, Tower Line Road on the west and Malaga Road on the east.

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IRS RELEASES OPPORTUNITY FUND CERTIFICATION – 4.25.2018:

The IRS provides new clarity on the process for obtaining Opportunity Fund certification: To become Qualified Opportunity Fund, an eligible taxpayer self certifies. (Thus, no approval or action by the IRS is required.) To self-certify, a taxpayer merely completes a form (which will be released in the summer of 2018) and attaches that form to the taxpayer’s federal income tax return for the taxable year. (The return must be filed timely, taking extensions into account.)
The city of Arvin has been given a glowing, if possibly underreported, opportunity.

Two census tracts, 63.03 and 63.04, have been specially designated by the federal government, which allows private investors to receive reductions in capital gains taxes.

Geographic inequality is a hot term these days. I've heard it referenced everywhere lately. And ifs a real thing. too. Research show that residential sorting by income has significantly increased over the past 45 years. This sorting has resulted in more Americans living in communities that represent the poles of the income distribution rather than the middle.

The federal Tax Cuts and Jobs Act of 2017 created an economic development tool known as '·opportunity zones'·. The program is designed to encourage long-term investments in low- income areas. The goal is to get capital to these struggling census tracts. The program gives patient investors and developers significant tax incentives in exchange for long-term investment in distressed or low-income areas.

This opportunity zone program has the potential to be the largest community investment program in the country, by tapping into trillions of dollars in capital gains held by private investors to create a new source of economic growth for hundreds of lower-income communities around the country.

This is exactly the type of incentive needed to spur investment in the revitalizing urban core of our own city. When the State of California ended Redevelopment in 2012, our city lost the tax increment financing that enabled investment opportunities for the City of Arvin. Urban revitalization in California now relies solely on the private sector. The time has come for the federal government to help incentivize private investment in distressed areas throughout the country.

Under the program, investors in opportunity zones (via a fund or direct investment in real estate or companies located there) get temporary deferral of accumulated capital gains, up to a 15 percent basis step-up on capital gains invested. and the big windfal1 - a capital gains bill of zero on new gains for investments held t e n ( 1 0 ) years. Under this scheme, taxpayers have the option to defer tax on a capital gain by investing the gain in an Opportunity Zone Fund. The Opportunity Zone Fund is a fund set up as either a

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corporation or partnership to invest in eligible property located in an opportunity zone.

Taxpayers who invest in an Opportunity Zone Fund do not need to live or work in the qualifying zone to invest in the funds. The idea of the program is that it will incentivize investment in communities that have had trouble attracting investment, thereby spurring economic growth.

Key features of the Opportunity Zones incentive
The fundamental purpose of Opportunity Zones is to encourage long-term equity investments in struggling communities. ln pursuing this goal. Congress established an incentive framework flexible enough to support a broad array of investments and encourage creative local implementation strategies. The unique structure - and or investors and create an important new asset class of investments. Congress equity focus - of this incentive has the potential to unlock an entirely new category designed Opportunity Zones to complement existing community development programs while incorporating lessons learned from previous place-based efforts.

Two of its most important distinguishing features:
• First it is a highly flexible incentive that can be used to fund an array of equity investments in a variety of different sectors. This is critical, because lowincome communities have a wide range of needs, and Opportunity Zones at their best will recruit investments in a variety of mutually enforcing enterprises that together improve the equilibrium of the local community. The structural flexibility extends to Opportunity Funds, the intermediaries that raise and deploy capital into Opportunity Zones. These funds can be nimble in responding to market interest and opportunity, thereby widening the aperture of investors who can participate. And, because Oppo11unity Funds do not need pre-approval for transactions, the cost, complexity, and time needed to deploy capital should be lower than in other programs. • Second, the incentive is nationally scalable. There is no fixed cap on the amount on capital that can be channeled to target communities via Opportunity Funds, nor is there a limit on the number of Opportunity Zones that can receive investments in any given year. This scalability derives from that fact that investors are incented to reinvest their own capital gains without any up-front subsidy or allocation. EIG's analysis of Federal Reserve data found an estimated $6.1 trillion dollars in unrealized capital gains held by U.S. households and corporations as of the end of 2017. Even a small fraction of these gains reinvested into Opportunity Zones would make it the largest economic development initiative in the country.

Flexibility and scalability are essential ingredients because they unlock the vast creativity and problem-solving potential of communities and the marketplace in ways that would not be possible under a more prescriptive policy framework.

Congress and the Administration should do everything possible to preserve and enhance these features as implementation moves forward in the months ahead, including through technical statutory refinements that will help ensure strong uptake among a broad spectrum of investors.

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California Environmental Quality Act
The California Environmental Quality Act (CEQA) was adopted by the State legislature in 1970 to require thorough environmental analysis of any project that might affect the environment.

Under CEQA, most projects that require discretionary approval by a public agency must first be reviewed to determine related environmental effects.

As part of the adoption process, CEQA requires an environmental assessment of the General Plan Update. An environmental Initial Study was prepared and the City, as the lead agency, prepared a Mitigated Negative Declaration (MND) to meet the CEQA requirements.

Existing Conditions Report
As part of the General Plan 2012 update process, the City prepare the Existing Conditions Report which examined the nature and extend of key land use, air quality and health-related issues facing Arvin. Based on a basic understanding of these issue, goals, policies and action programs were developed and incorporated into the General Plan. The four sections of the Existing Conditions Report included information on: 1) the community profiles; 2) the local and regional air quality conditions, 3) the community health; and 4) the indictors and the built environment. The Existing Conditions Report is included in the technical appendix to the General Plan.

Contents of the General Plan
State law requires that each general plan address seven topics: land use, housing, circulation, open space, conservation, safety and noise. In addition, all local jurisdictions in the San Joaquin Valley Air Basin, including Arvin, are required under AB 170 to include an air quality element in the general plan. While a city is required to address the mandatory topics or elements, State law offers considerable flexibility to cities and allows other topics that are relevant to the community. California Government Code Section 65303 enables a city to adopt “any other elements or address any other subjects, which, in the judgment of the legislative body, relate to the physical development of the county or city.” Once adopted, an optional element carries the same legal weight as any of the seven mandatory elements and must be consistent with the General Plan elements. The City of Arvin has chosen to include, as part of the General Plan Update, the optional Community Health Element. The optional Economic Development Element, along with the mandated Noise and Safety Elements of the General Plan remain unchanged from the General Plan adopted in 1988. The city adopted the 2019 optional Water Element and in 2023 adopted the Environmental Justice Element as mandated by State law. State law also prescribes the content for each element but allows a general plan format that best fits the unique circumstances of the city.

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The City of Arvin General Plan includes the seven mandated Elements, Air Quality Element, Environmental Justice Element and the three optional Elements. Each element is briefly describe below:

Land Use Element
The Land Use Element has been updated. The Element designates the type and intensity of uses, and general distribution of the land for residential, commercial, industrial, education, parks, and other public uses. The Land Use Element promotes a better quality of life for its residents and business community through policies and action programs that create compatible uses in an attractive built environment.

Conservation and Open Space Element
This Conservation and Open Space Element, which has been updated, focuses policies on the conservation, preservation and utilization of the City's natural resources including open space, water resources, and sensitive environmental areas, and the enhancement of recreational opportunities, such as neighborhood parks and recreational programs.

Housing Element
The Housing Element assesses the current and projected housing needs for all residents of the City. In addition, it includes policies and program for maintaining and preserving affordable housing, removing constraints in the production of new housing, providing adequate sites to achieve a variety and diversity of housing, and promoting equal housing opportunities for residents. The Housing Element is required by State law to be updated approximately every (10) years. In July 2023, the Arvin City Council adopted the 2023- 20313 Housing Element, which was subsequently certified by the State Department of Housing and Community Development.

Circulation Element
The Circulation Element identifies the general location and extent of existing and future major thoroughfares, transportation routes, bicycle routes and other local public utilities and facilities. Goals and policies address issues related to improving the operation and maintenance of citywide transportation facilities and services through the year 2030. This Element has been updated and supersedes the Circulation Element adopted in 1988.

Safety Element
The Safety Element establishes goals, policies, and measures to protect the community and its residents from geologic, flooding and fire-related hazards. The Safety Element was adopted in 1988.

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Noise Element
The Noise Element identifies and appraises Arvin’s noise environment and establishes acceptable noise level standards, goals and policies for different types of land uses within the City. The Noise Element was adopted in 1988.

Air Quality Element
The Air Quality Element describes the local air quality conditions and local, regional, state and federal air quality regulations and standards. This Element's goal is to improve the air quality and protect the community from risks associated with chronic exposure to air pollutants. The Air Quality Element is new to the General Plan Community Health Element The Community Health Element assesses the current health needs of the City. Policies ranging from clean air, physical activity, to access to health foods promotes a healthy environment for residents to live, work, and play.

Environmental Justice Element - 2023
The Environmental Justice Element emphasis an open and transparent public process that improves the quality of life relative to a cleaner and healthier environment. Environmental justice policies and laws are established to ensure that all people, regardless of race, color, national origin or income, have equal protection from environmental hazards where they live, work and play.

Furthermore, all people should have the equal ability to participate in, and influence, the decision-making process regarding environmental regulations.

Community Health Element
The Community Health Element assesses the current health needs of the City. Policies ranging from clean air, physical activity, to access to health foods promote a healthy environment for residents to live, work, and play.

Economic Development Element
The Economic Development Element was adopted in 1988. The key goal of this Element is to improve the economic climate of the City by increasing employment opportunities, attracting and retaining commercial and industrial businesses, and promoting efficient use of natural resources while encouraging economic development in the City.

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Water Element - 2019
The Water Element establishes Arvin’s goal to have a meaningful, long-term water management program, the City along with the Arvin Community Services District will need a game plan, one that be translated into effective water conservation while also improving the Arvin’s “quality of life”.

Community Participation
In 2012, to accurately address community needs and
values, it is important to receive input and feedback
from all segments of the community. Community
participation in the General Plan update process
included residents, businesses and representatives
from community organizations who contributed their
insight and vision into the planning effort and helped
develop the goals and policies contained in the General Plan. Additionally, the community participation
program provided information on the state of the City
in terms of existing conditions, recent trends and areas of need. The adoption of the Water Element,
Environmental Justice Element, and update of the
2023-20313 Housing Element conducted workshops and public hearings before the Planning Commission and the City Council.

Community Workshops and Design Charrette
The City of Arvin, with the assistance of the Dolores Huerta Foundation and the Committee for a Better Arvin, conducted a community workshop for the development of the Land Use, Conservation and Open Space, Air Quality and Community Health Elements of the Arvin General Plan. The purpose of the meeting was to hear the community's key concerns and suggestions on addressing the issues facing the City. This meeting was held in January 2012 at the Arvin Veterans Hall. To ensure that everyone understood the planning process and was heard, the community workshoop was conducted in Spanish and interpreted to English.

In May 2012, a four-day design charrette was conducted in the City. The design charrette was focused on designing livable and healthy neighborhoods at two key opportunity sites within the City. The sites included the vacant land north of Bear Mountain Boulevard between Comanche Drive and Campus Drive and the 72-acre vacant site at Sycamore Road and Meyer Street.

January 2012 Community Workshop

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General Plan Advisory Group
A General Plan Advisory Group was formed with key representatives of community organizations and local agencies. The Advisory Group provided valuable social, economic, health information and insight on issues facing the City. The Advisory Group met on a monthly basis from October 2011 through July 2012. Goals and policies in the Land Use, Conservation and Open Space, Air Quality and Community Health Elements were discussed with the Advisory Group.

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LAND USE ELEMENT
Introduction
The City of Arvin, a small rural town located in the heart of California, has the building blocks to establish itself as a great community as it grows.

However, the City also faces significant social and economic challenges as it looks to the future. The City's population has expanded by roughly 30 percent each decade since the 1970s, a trend that is likely to continue at a similar rate into the foreseeable future. This growth should be celebrated as a sign of increasing prosperity, as the City and its surrounding area provide employment opportunities and lifestyles that make Arvin a desirable place to live.

At the same time, growth and development bring challenges to the City by requiring additional public services and infrastructure such as parks and schools, police and fire protection, affordable housing, as well as the need to protect the environment and the area’s productive agricultural lands. A balance must exist between these priorities if the City is to grow in a healthy and sustainable manner, and this Land Use Element seeks to achieve that balance.

Authority
The Land Use Element is one of the seven general plan elements the State of California has mandated, requiring that city and county governments adopt a General Plan. Government Code Section 65302(a) requires a land use element as part of the general plan and reads as follows:
“A land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation and enjoyment of scenic beauty, education, public buildings and grounds, and other categories of public and private uses of the land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan which are subject to flooding and shall be reviewed annually with respect to such areas.” Adriana Chavez, Sierra Vista Elementary
School
Adriana Chavez, Sierra Vista Elementary
School

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Purpose
The purpose of the Land Use Element is to establish the community’s vision for the future and outline a clear but flexible policy framework for translating that vision into reality. Its goal is to provide informed guidance for long-term decisionmaking that will determine the form and extent of the City as it grows and evolves over time. In service of this goal, it includes a set of policies and action programs that collectively form an integrated strategy to ensure a sustainable and prosperous future for the community. These policies and actions are anticipated to guide the City in terms of how it accommodates for physical and economic development, and how it preserves and manages the community's precious resources. Furthermore, the Land Use Element policies reflect the principals of sustainable communities and SB 375, which aim to reduce greenhouse gas (GHG) emissions through integrated transportation and land use planning.

Relationship with Other Elements, Plans and Planning Tools Assembly Bill 32
The State of California passed AB 32, the California Global Warming Solutions Act, the landmark climate change legislation of 2006. This act commits the state to reducing greenhouse gas (GHG) emissions to 1990 levels by 2020, and to 80 percent below 1990 levels by 2050. The California Environmental Quality Act (Public Resources Code §21000 et seq.) (CEQA) requires feasible mitigation of significant environmental impacts arising from a city’s land use policies and development projects. The legislation aims to reduce GHG emission in these two areas:
▪ Land Use. Land use is a significant contributor of GHG emissions, and local governments must make decisions regarding land use with AB 32’s goals in mind.
▪ General Plans. Local governments must incorporate AB 32 analysis into their general plans, specific plans, and other planning and design documents.

Senate Bill 375
In 2008, California passed the companion bill SB 375, which provides the implementation policies to reach the GHG emission reduction goals through transportation and land use planning. It requires metropolitan planning organizations to create a Sustainable Communities Strategy to reduce GHG emissions and requires that funding decisions for regional transportation projects be internally consistent with the strategy. SB 375 ties state transportation funding decisions to land use and links regional planning efforts, such as the Kern Regional Blueprint Program for transportation and housing.

The California Air Resources Board (ARB) Guidance on Planning to Reduce GHG Emissions provides guidance for local governments on meeting the targets for GHG emissions. Details of SB 375 are described in the Introduction chapter of the General Plan.

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Kern Regional Blueprint Program
The Kern Regional Blueprint Program (“Blueprint Program”), adopted in 2008 by Kern Council of Governments (KernCOG), articulates a long-term vision for development and growth within Kern County and its 11 incorporated cities.

The Blueprint Program is part of a larger eight-county San Joaquin Valley-wide process. The Blueprint Program is designed to help member cities plan for future growth and improve the quality of life through the integration of transportation, housing, land use, economic development and environmental protection. The following are the guiding principles for the Blueprint Program:
▪ Conserve energy and natural resources, and develop alternatives. ▪ Provide adequate and equitable services.
▪ Enhance economic vitality.
▪ Provide a variety of housing choices.
▪ Use and improve existing community assets and infrastructure. ▪ Use compact, efficient development and/or mixed land uses where appropriate. ▪ Provide a variety of transportation choices.
▪ Conserve undeveloped land and spaces.
▪ Increase civic and public engagement.

Arvin Municipal Code
As required by the State law, the Arvin Municipal Code serves as the primary tool for implementing the goals and policies of the General Plan’s Land Use policies. Title 17 Zoning of the Municipal Code comprises the Zoning Ordinance. It specifies permitted uses and development standards for each zone, such as density, minimum lot size, building heights and setbacks, parking standards and others.

Community Health and Air Quality Elements
An important consideration in developing the land use policies contained in this element is the effect they will have on Arvin’s public health and air quality, two topics that are addressed in detail in the Community Health and Air Quality Elements of the General Plan. Land use policies contribute to improvements in these two areas by shaping the built environment — the physical, human-made surroundings that provide the setting in which we live, work and play.

Residents’ ability to choose whether or not to drive a car, to obtain healthy food, and to incorporate physical activity into their daily routines are influenced by three important characteristics of the built environment: development patterns, site and building design, and the design of streets and public spaces. ▪ Development patterns that incorporate a variety of housing types and locate jobs and services close to neighborhoods can contribute to healthier lifestyles and reduce reliance on automobile travel by enabling more residents to live within walking or bicycling distance of neighborhood services. ▪ Good site design --the placement of buildings on their lots and their relationship to the street and sidewalk-- can contribute to the ease of non-automobile travel by offering safe pedestrian access and making public spaces more inviting.

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▪ The design of streets and public spaces can make it easier for residents to get around without a car by including safe, pleasant sidewalks, crosswalks and bicycle paths, and can serve as a resource for residents to engage in physical activity and gather with their neighbors.

These design concepts and principles are identified in the Existing Conditions Report, Appendix of the General Plan as areas where the City could potentially improve. Thus, included in the Land Use Element are policies to encourage “infill” development on vacant parcels within the City’s existing built-up area; to incorporate complementary land uses (i.e., residences, small groceries, public services, etc.) within new development; to require safe and convenient pedestrian access to new buildings; and to require major new development to incorporate innovative street designs that encourage safe driving, accommodate walking and bicycling, and allow for sociability between neighbors. These and other policies are intended to more effectively place Arvin on a path to improved quality of life, cleaner air, and healthier living.

Planning for Physical and Economic Development
The City’s strategy for land use is to designate the general distribution, location, and extent of the uses of land for residential, commercial, and industrial activities, and public uses such government buildings, schools and parks, and other categories of public and private land uses identified in the planning process. One of the goals in planning for physical development is to accommodate future growth in the most sustainable and logical manner, as well as to provide for the health and safety of its residents.

This Element is aimed to set development standards to ensure separation between incompatible uses, and to maintain the high quality of housing and commercial development. Physical composition not only affects the health and safety of residents, but also affects the economic vitality of businesses within the City. Designations of land uses, particularly for commercial development, must allow businesses to be easily accessible and industrial uses must not only be placed safely away from residential uses, but situated and configured in a manner that allows them to thrive and expand.

Public Health and Safety
A sustainable approach also requires that a community develop in a way that is harmonious with its surroundings, takes into account the hazards posed by natural phenomena, and does not expose present or future residents to excessive risks. In Arvin, such risks mainly take the form of flooding during the storm season, as most of the City is situated in areas with moderate probability of significant flooding. The Land Use Element incorporates policies to guide homes and businesses away from the most flood-prone areas, emphasizing instead recreational and other uses that can be evacuated more easily in the event of an emergency.

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Land Use Designations
Land Use Element identifies how future development will occur in type and intensity and where it will occur within the City over the next 20 years. This Element separates the city into 12 distinct designations: Estate Residential, Residential Reserve, Low Density Residential, Medium Density Residential, High Density Residential, General Commercial, Light Industrial, Heavy Industrial, Parks, Public Facilities, Schools, and Agricultural. Each land use designation is described with the type of permitted uses and a quantitative measure of permitted intensity. The distribution of land uses is presented in Table LU-1. The Kern County LAFCo approved the City’s sphere of influence in 2019. The adopted sphere of Influence is shown on Diagram SOI-1, below. The city presented a conceptual land use distribution within the sphere of influence. The conceptual distribution of land uses is presented in Table LU-2. As the areas within the sphere of influence is annexed to the City, a general plan land use designation and rezoning will be processed and acted upon by the City Council.

Table LU-1
GENERAL PLAN LAND USE – CITY LIMITS
Land Use Designations Acres
Percent
of Total
Estate Residential 295.0 9.7%
Residential Reserve 179.0 5.9%
Low Density Residential 948.0 31.0
Medium Low Density Residential 14.0 .5
Medium Density Residential 18.0 .6%
High Density Residential 167.0 5.5%
General Commercial 159.0 5.1%
Light Industrial 630.00 20.6
Heavy Industrial 135.00 4.4
Parks 45.0 1.5%
Public Facilities 11.0 .4%
Schools 130.0 4.2%
Agricultural 0.0 0.0%
Streets/ROW 325.0 10.7%
City Total 4.75 Square Miles +/- 3046.0 100.0%
Source: City of Arvin - Medium Low Density Residential is a new (2023) LU designation.

Diagram SOI-1
Arvin General Plan – LAFCO Adopted SOI2-19- Corrected Recording January 18, 2023, Doc# 223007096

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Table LU-2

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CONCEPTUAL GENERAL PLAN LAND USE – SPHERE OF INFLUENCE
Land Use Designations Acres
Percent
of Total
Estate Residential 0 0
Residential Reserve 0 0
Low Density Residential 537.0 23.7
Medium Low Density Residential 0 0
Medium Density Residential 710.73 31.3
High Density Residential 95.09 4.2
General Commercial 44.87 2.0
Light Industrial 128.48 5.7
Heavy Industrial
Parks
Public Facilities 20.0 .9
Schools
Agricultural 731.61 32.2
Streets/ROW
City Total 3.54 Square Miles 2,267.80 100.0%
Source: City of Arvin - Medium Low Density Residential is a new (2023) LU designation.

Table LU-3 shows General Plan Land Use designations and the corresponding zoning. The General Plan Land Use Diagram identifies a land use designation for each parcel in the City and guides the City’s desired future development patterns.

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Table LU-3 GENERAL PLAN

LAND USE AND CORRESPONDING ZONING
Land Use Designation Zoning Districts
Estate Residential E-1, E-2, E-3, E-4 and E-5
Residential Reserve RS-1, A-1, and A-2
Low Density Residential R-1
Medium Low Density Residential R-2
Medium Density Residential R-2 R-3
High Density Residential R-3, R-4
Planned Unit Development PUD
General Commercial C-O, N-C, C-1, C-2
Light Industrial M-1, M-2
Heavy Industrial M-3
Public Facilities PF and All Zones w/ CUP
Agricultural RS-1, A-1, A-2
Parks OS and All Zones w/ CUP
Schools SZ – Schools and All
Zones w/ CUP
Note: Specific Plans are allowed in all land use categories.

Measuring Density and Intensity
State law requires a clear and concise description of land use categories, which includes specified population and intensity standards. To describe the intensity of use, land use planners have developed quantitative measures called density and intensity.

Density describes the population and development capacity of residential land. The General Plan describes density in terms of dwelling units per net acre of land (du/ac), exclusive of present or planned streets and other public rights-ofway.

Development intensity refers to the extent of development on a parcel of land or lot. The General Plan’s method of defining intensity is the relationship between the total floor area of a building and the total area of the lot. This quantification is known as the Floor Area Ratio (FAR), which is determined by dividing the total building floor area by the total size of the parcel. For instance, a 10,000 square foot building on a 20,000 square foot lot has an FAR of 0.5.

Generally, commercial corridors along arterials are at higher intensities than neighborhood retail developments along lower-capacity streets, and thus, better able to accommodate the comings and goings of greater numbers of people.

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-9
As illustrated Figure LU-1, buildings with the same FAR can be designed in different ways – as low rise building covering most of the lot, as mid-size structure with less lot coverage, or as taller structure with ample surrounding open space.

Figure LU-1

FLOOR AREA RATIO
General Plan Land Use Diagram
The General Plan Land Use Diagram provides a visual description of land use policy, indicating the preferred location and types of permitted uses throughout the Planning Area. The land use patterns shown in Figure LU-2 respond to the potential safety concerns, limitation of current infrastructure, and the nature and character of the current City. The Land Use Diagram is consistent with the community’s vision and Zoning Ordinance and all new development projects must be consistent with the General Plan Land Use Diagram. The lands shown within the City of Arvin’s sphere of influence by the diagonal lines show the land use concepts and illustrate the spatial relationships with lands within the current city limits. The land use concepts within the sphere of influence represent the conceptual land uses that may be adopted by the City of Arvin. (Figure LU-2 will be cleaned up after adoption by the City of Arvin City Council)

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-10
Arvin General Plan – Land Use Diagram
Within City Limits and Conceptual Land
Use Diagram within Sphere of Influence
Figure LU-2
GENERAL PLAN LAND USE DIAGRAM is subject to Amendment – Current General Plan Land Use Diagram in on file at the Planning Division

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-11
Description of Land Use Designations
Descriptions of each of the land use designations shown on the Land Use Policy Diagram are provided to delineate the general types of uses allowed and their corresponding intensities or densities. These land use descriptions, types and limitations are defined further as specific uses within the City’s Zoning Ordinance.

Residential Designations
Estate Residential
(Maximum Density: 1 unit per 12,000 Square Feet to 1 unit per 2.5 Acres 1 unit per 1.25 acre) The Estate Residential land use designation provides
for a development pattern characterized by a singlefamily residential unit on a lot sizes as large as 1.25 acres. All residential development in this designation
shall be served by City sewer and water services and
shall have full urban improvements.

This land use is appropriately used when developments
are desired to promote larger-lot homes and where the
overall density of an area should be limited because of public facilities, safety or aesthetic concerns. Typical Zoning Designations are: E-1 permitting 1 Dwelling
per 12,000 square feet; E-2 permitting 1 Dwelling per
18,000 square feet; E-3 permitting 1 Dwelling per 24,000 square feet; E-4 permitting 1 Dwelling per 1.0 Acres; and E-5 permitting 1 Dwelling per 2.5 Acres.

Residential Reserve
(Maximum Density: 1 dwelling unit per acre)
The Residential Reserve land use designation is applied to lands that are being actively farmed, or have the capacity to be, but are within the planning area and proposed to be eventually developed. This designation could also be applied to lands that contain agriculturally-related uses, such as packing houses, cold storage operations or agriculturally-related businesses. The purpose of this designation is to protect agriculture from urban encroachment, maintain land in agriculture until the time is appropriate for conversion to urban uses, and to ensure that conflicts do not arise between agriculture and urban uses. Typical Zoning Designation is RS-1 with the limitation of a maximum density of 1 unit per acre.

Estate Single Family Housing

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-12
Low Density Residential
(Maximum Density: 6 4 units to 10 units per acre)
The Low-Density Residential land use designation
allows traditional single-family and two family
homes in the City of Arvin with one to ten dwelling
units per acre. Typical parcel sizes may range from
4,356 to 10,890 square feet. This type of use is
recognized as the backbone of the community and
is the largest land use designation in the City.

Residences in this category consist generally of
single-family detached houses with private yards.

The two-family homes are typically a duplex with
shared front yard and either common drive
approach or two separate drive approach to the off-street parking. Primary access must be from secondary, collector and local streets. Access from major streets or major highways should be considered only when special design features are included. The typical zoning designation is R-1. and R-2.

Medium Low Density Residential
(Maximum Density: 10 to 16 units per acre)
The Medium Low Density Residential land use designation allows higher density single-family residential developments, two-family residential development, or lower density multi-family units, such as duplexes. The two- family homes are typically a duplex with shared front yard and either common drive approach or two separate drive approach to the off-street parking. The typical zoning designation is R-2.

Low Density Single Family Housing
Duplex Housing

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City of Arvin General Plan – Land Use Element Updated 2023 LU-13
Medium Density Residential
(Density Range: 16 to 21 24 units per acre)
The Medium Density Residential land use
designation is established to allow for quality multifamily living environment. This category typically includes higher density single-family residential
developments, two-family residential
development, or lower density multi-family units,
such as triplexes, duplexes, apartments, or
condominium units. A minimum residential density
development shall be 16 units per acre. Should
development be proposed at a lower minimum density, it shall be the responsibility of the developer to add additional lands to the Medium Density Residential Land Use Designation and rezone alternative sites to offset the loss of housing opportunities for affordable housing. The replacement of the site(s) for housing opportunity shall occur prior to or concurrent with the development of lower density residential or alternative land use development. Typical zoning designation is R-3. The Mixed Use Overlay Zone permits mixed use development combing the base zone district with residential. The MUO zone district will permit Medium Density Residential development in conjunction with the primary zone district.

High Density Residential
(Density Range: 21 to 24 30 units per acre)
High Density Residential developments consist
typically of multi-family housing projects such as
apartments and condominiums. Areas designated
High Density Residential are to be integrated
thorough the community adjacent to transportation,
community services, and commercial developments.

A minimum residential density development shall be
21 units per acre. Should development be proposed
at a lower than minimum density, it shall be the
responsibility of the developer to add additional lands to the High Density Residential Land Use Designation and rezone alternative sites to offset the loss of housing opportunities for affordable housing. The replacement of the site(s) for housing opportunity shall occur prior to or concurrent with the development of lower density residential or alternative land use development. Typical zoning designation is R-4. The Mixed Use Overlay Zone permits mixed use development combing the base zone district with residential. The MUO zone Medium Density Duplex Housing
High Density Residential Apartments

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-14
district will permit Medium Density Residential development in conjunction with the primary zone district.

Commercial Designation
General Commercial
(Maximum FAR 0.5)
The General Commercial land use designation
permits a wide range of retail, wholesale, and service
uses, as well as shopping and office professional
complexes. These commercial types may include
supermarkets, small clothing stores, drug stores, fastfood and sit-down restaurants, automobile service and gasoline supply, banks and savings and loans
establishments, professional offices, medical offices
and clinics, motels and hotels, entertainment
facilities, and other similar functions.

Industrial Designations
Light Industry
(Maximum 1.0 FAR)
The Light Industry designation allows for low-intensity industrial use, with emphasis placed on minimal nuisance or pollution to other uses within the area and to adjacent districts. Permitted uses include warehousing and storage, research and development facilities, limited manufacturing and other uses that are compatible with nearby residential and commercial development.

Retail Commercial
Manufacturing Facility

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-15
Heavy Industry
(Maximum 0.5 FAR)
The Heavy Industry land use designation allows for
intensive and exclusive industrial use. Operations and
activities may be incompatible to surrounding uses. Heavy Industry is designated in areas having “non-sensitive”
uses. Heavy screening and landscaping should be used.

Open Space and Institutional
Designations
Parks
The Parks designation provides for a variety of diversified recreational interests on public lands, including parks, sporting facilities, and picnicking areas. Recreational facilities such as the Arvin Community Center are also included in this designation. There are no intensity restrictions that apply to the Parks category. Small neighborhood pocket parks are permitted in all of the land use designations, subject to approval by the City Council. Typical zoning designation is OS-Open Space.

Public Facilities
(Maximum FAR 0.5 to 1.0)
This designation allows public and semi-public
facilities other than parks, including but not limited
to, city halls, public libraries, police and fire
departments. The designation also includes quasipublic facilities such as public utility facilities, hospitals, water wells, wastewater treatment
facilities, storm drainage basins, other public
facilities and infrastructure, electric power assets
(including renewable energy) communication
equipment, and similar uses. Typical zoning
designation is PF- Public Facilities.

Heavy Industrial Facility

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-16
Schools
The School land use designation allows for educational
institutions, both public and private. Lot coverage will vary depending on needs of the facility. Conditional use permits would allow educational institutions to be in
residential and commercial zones depending on the
intensity of use and subject to approval by the City
Council. Educational institutions in non-school zones are generally private establishments and include tutoring
facilities, day-care, and preschools. The typical zoning designation is SZ-School Zone.

Agriculture
Agricultural Uses
This designation includes lands identified as having
natural resource amenities or characteristics. Typical
zoning designations are A-1 Light Agricultural; A-2
General Agricultural; and Residential Reserve RS-1.

The primary purpose of this designation is to promote
the long-term conservation of land in agricultural use
inside and outside the city limits. Allowed uses include limited single-family residential, farmworker/employee
housing, agriculture, grazing, barns, and equipment
storage, animal husbandry, community gardens, and
similar uses. The maximum allowable density for singlefamily residential one (1) unit per acre. Accessory dwelling units and employee housing consisting of no
more that 36 beds in a group quarter or 12 units or
spaces designed for use by a single family or household are also allowed. The maximum allowable FAR for nonresidential uses is 1.0. This designation has been applied to Arvin Planning Area (the Sphere of Influence adopted in 2019), which includes lands within the city
limits and in the unincorporated areas surrounding the
city.

Agricultural uses can pose land use conflicts with neighboring residential/urban uses. The activities generated by agricultural land uses include crop dusting, pesticide and insecticide spraying, agricultural burning, and regeneration of odor and dust. Therefore, this Land Use Element includes policies and programs that help mitigate land use conflicts and support the protection of agricultural land from complaints.

Arvin High School

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-17
Holding Capacity
Residential Capacity
Holding capacity identifies the anticipated distribution of land use acreage and population resulting from implementation of the Land Use Element policies. In Arvin, there are approximately 905.97 gross acres of vacant land currently zoned residential development and available for development.

Approximately, 100 acres are committed at this time for alternate use and cannot be developed at this time. Over time, as properties make the transition from one use to another and as property owners rebuild, land uses and intensities will gradually shift to align with the intent of the Land Use Element. Table LU-4 Residential Capacity summarizes the land use distribution for residential property, typical level of development anticipated, and the levels of development that can be expected from full implementation of land use policies established by the updated General Plan. Arvin's estimated population and housing capacity, based on the General Plan land use, is estimated at 62,788 residents and 11,931 housing units.

Table LU-5 Conceptual Residential Capacity-Sphere of Influence summarizes the land use distribution for residential property with the sphere of influence, typical level of development anticipated based upon the conceptual land use designation, and the levels of development that may be expected from full implementation of land use policies established by the updated General Plan. Arvin'sestimatedpopulation and housing capacity, based on the General Plan land use, is estimated at 69,304 residents and 22,187housing units.

Table LU-4
RESIDENTIAL CAPACITY – CITY LIMITS
Residential Designation
(Max. Density)
Realistic
Density Acres
Dwelling
Units
Total
HHsa HH Size
Total
Pop.

Estate Development
(1 du/1.25 acre) 0.8 du/acre 294.8 236 230 4.64 1,067
Residential Reserve
(1 du/acre) 1 du/acre 179.1 179.1 173.3 4.64 805
Low Density
(10 du/acre) 8 du/acre 948 7,584 7,394 4.64 34,308
Medium Low Density
(16 du/acre) 14 du/acre 14 196 186 4.64 399
Medium Density
(24 du/acre) 22 du/acre 18.0 396 378 4.31 1,629
High Density
(24 du/acre) 20 du/acre 167 3,340 3,190 4.31 13,749
City Total 1,586 11,931 11,551 62,788
a Assumes vacancy rates of 2.5% for Lower Density Residential and 4.8% for Medium and High Density Residential uses

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-18
TABLE LU-5

CONCEPTUAL RESIDENTIAL CAPACITY SPHERE OF INFLUENCE
Residential Designation
(Max. Density)
Realistic
Density Acres
Dwelling
Units
Total
HHsa HH Size
Total
Pop.

Estate Development
(1 du/1.25 acre)

0.8 du/acre 0 0 0 0 0
Residential Reserve
(1 du/acre) 1 du/acre 0 0 0 0 0
Low Density
(10 du/acre) 8 du/acre 537 4,296 4,188 4.64 19,432
Medium Low Density
(16 du/acre) 14 du/acre 0 0 0 0 0
Medium Density
(24 du/acre) 22 du/acre 710 15,620 14,917 4.31 64,292
High Density
(30 du/acre) 26 du/acre 95 2470 2,351 4.31 10,156
Agricultural
1 du/acre 1 du/acre 731 731 731 4.64 3,392
City Total 2,073 23,118 22,187 69,304
a Assumes vacancy rates of 2.5% for Lower Density Residential and 4.8% for Medium and High Density Residential uses Non-Residential Capacity
Table LU-6 Commercial, Industrial and Public Use Capacity estimates the potential future development in building square feet of commercial, industrial and public uses within the City. These estimates are based on assumptions of future dwelling unit densities and commercial/industrial building intensities According to Table LU-6 estimates,there is a potential for approximately 17,661,700 million square feet of non-residential buildingspacein the City.

Table LU-7 estimates the potential future development, based upon the conceptual land use designation within the sphere of influence, in building square feet of commercial, industrial and public uses within the sphere of influence. These estimates are based on assumptions of future dwelling unit densities and commercial/industrial building intensities According

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-19
to Table LU-7 estimates,there is a potential for approximately 2,558,346 million square feet of non-residential buildingspacein the City.

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-20
Table LU-6

COMMERCIAL, INDUSTRIAL AND PUBLIC USE CAPACITY
Land Use and Max. Intensities
(Max. FAR)
Realistic
Intensity
(FAR) Acres
Square Footage
Capacity
General Commercial (FAR 0.5) 0.3 159 3,077,812
Light Industrial (FAR 1.0) 0.4 630 10,977,120
Heavy Industrial (FAR 0.5) 0.3 135 1,764,180
Public/Institutional (FAR 0.5)a 0.3 141 1,842,588
City Total 943 17,661,700
a Land use designated Schools and Public Facilities
Table LU-7
COMMERCIAL, INDUSTRIAL AND PUBLIC USE CAPACITY – CONCEPTUAL LAND USE

DESIGNATION WITHIN SPHERE OF INFLUENCE
Land Use and Max. Intensities
(Max. FAR)
Realistic
Intensity
(FAR) Acres
Square Footage
Capacity
General Commercial (FAR 0.5) 0.3 44.87 58,351
Light Industrial (FAR 1.0) 0.4 128.48 2,238,635
Heavy Industrial (FAR 0.5) 0.3 0 0
Public/Institutional (FAR 0.5)a 0.3 20 261,360
City Total 193.35 2,558.346
a Land use designated Schools and Public Facilities

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-21
A. Disadvantaged Unincorporated Communities (DUC)
IV.B.1 City ofArvin- City ofArvin AND Sphere Of Influence (2019 - LAFCo Resolution No. 19-71 dated July 2, 2019 - Environment Justice Element Adopted February 28, 2023 -City CouncilResolution No. 2023-10)
The purposeof SB 244,(Wolk, 2011) is to address thecomplex legal,financial, andpoliticalbarriersthat contribute to regional inequity and infrastructure deficits within disadvantaged unincorporated communities. Including these communities in the long-range planning of a city or county, as required by SB 244, will result in a more efficient delivery system ofservices and infrastructure including but not limited to sewer, water, and structural fire protection. In turn, investment in these services and infrastructure will result in the enhancement and protection of public health and safety for these communities. More relevant description and requirements of SB 244 are discussed below.

On September 24, 2016, Senate Bill 1000 (SB 1000), the Planning for Healthy Communities Act, was signed into law mandating that cities and counties adopt an environmental justice (EJ) element or integrate EJ goals, objectives, and policies into other elements of their General Plans.

Municipalities were to adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018. "Environmental justice" is defined in California law as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies (Cal Gov. Code,§ 65040.12, (e).) California is a leader in enacting lawsspecific to environmental justice, including laws directing funding to environmental justice communities (SB 535 and AB 1550), a law creating a community air quality protection program (AB 617), and another that requires environmental justice to be addressed in local government planning (SB J000). In addition, the California Environmental Protection Agency and its Office of Environmental Health Hazard Assessment have developed an easy-to-use web-based screening tool called CalEnviroScreen that the public and government can use to help identify communities that are disproportionally burdened by multiple sources of pollution. These agencies have also documented the disproportionate impacts of climate change on environmental justice communities.

In an effort to address the inequitable distribution of pollution and associated health effects in lowincome communities and communities of color, the Legislature passed, and Governor Brown signed SB 1000 in 2016, requiring local governments to identify environmental justice communities (called "disadvantaged communities") in their jurisdictions and address environmental justice in their general plans. This new law has several purposes, including to facilitate transparency and public engagement

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-22
in local governments' planning and decision-making processes, reduce harmful pollutants and the associated health risks in environmental justice communities, and promote equitable access to health-inducing benefits, such as healthy food options, housing, public facilities, and recreation (Office of the Attorney General, California Department of Justice). ln general, environmental justice is a concept that seeks to minimize and equalize the effect of environmental hazards among all people regardless of race, ethnicity or income level.

The City of Arvin is identified as a "disadvantaged community" as per Senate Bill 1000 (2016), it is considered a low-income community as per AB 1550. To facilitate good planning practices and to comply with applicable law, the City is adding the Environmental Justice Element to its General Plan. The Element will be used by the Arvin City Council, other boards, commissions and agencies, developers and the general public in planning for the physical, and soc.io- economic development of the City.

On September 24, 2016, Senate Bill 1000 (SB 1000), the Planning for Healthy Communities Act, was signed into law mandating that cities and counties adopt an environmental j u s t i c e (EJ) element or integrate EJ goals, objectives, and policies into other elements of their General Plans.

Municipalities were to adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.

Cities and Counties are required to adopt an Environmental Justice Element when it is determined that the jurisdiction is a Disadvantaged Community. Utilizing the program identified as the CalEnviroScreen 4.0, it was determined that the City of Arvin and its surrounding area meets one or more of the criteria established by the State of California, refer to the CalEnviroScreen 4.0 Map Results.

The General Plan Environmental Justice Element sets forward goals and policies related to ensuring environmental justice in the City. ln adopting the Environmental Justice Element, the City is ensuring that decisions related to land use and development are made in an equitable manner and take into consideration the health and well-being of our most vulnerable populations.

The key environmental justice topic areas and policies contained in the element are:

1.1 Public Input and Capacity Building

1.2 Land Use and the Environment

1.3 Mobility and Active Living

1.4 Healthy and Affordable Housing
General Plan Consistency
The General Plan serves as a blueprint for the physical development of the City. It sets long term physical, economic, social, and environmental goals for a jurisdiction and identifies the types of development needed to achieve those goals. The nine (9) required Elements of the General Plan

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-23
(Land Use, Housing, Circulation, Conservation, Open Space, Noise, Safety, Air Quality, and Environmental Justice) and the City's two (2) optional elements, Water Resources Element, and Community Health Element, complement each other and provide a comprehensive plan for the future of the jurisdiction.

Based upon the program identified as the CalEnviroScreen 4.0, it was determined that the City of Arvin and its surrounding area meets one or more of the criteria established by the State of California, refer to the CalEnviroScreen 4.0 Map Results, and are identified as d i s a d v a n t a g e d c o m m u n i t i e s w i t h i n t h e c u r r e n t c i t y l i m i t s a n d s p h e r e o f i n f l u e n c e o f A r v i n .

E dmundson Acres is located approximately 0.5 mile to the northeast and was previously identified as a disadvantaged community. The City requested LAFCo to approve a Sphere of Influence amendment and was granted a new Sphere of Influence- LAFCo Resolution No. 19-17 dated June 26, 2019.

When the City annexes lands within its adopted Sphere of Influence, consultation between the City, LAFCo, the County, and residents will need to occur to help the parties determine the feasibility and appropriateness of bringing lands into the city limits as well.

IV.B.1.1 Fire Protection
The Kern County Fire Department currently provides service from Station No. 54 in Arvin. No additional service requirements are anticipated.

IV.B.1.2 Law Enforcement
The Arvin Police Department would become the primary entity responsible for law enforcement services. As a result of its existing mutual aid agreement with the Kern County Sheriff and the proximity of the Arvin Police headquarters to Edmundson Acres, the City is already involved in law enforcement activities in the area. While the Police Department is striving to increase its existing ratio of sworn officers to population, it is unlikely that annexation of Edmundson Acres would require specific actions to increase service levels.

IV.B.1.3 Solid Waste
Mountainside Disposal (Mountainside) currently provides solid waste services to Edmundson Acres. It would continue to do so if the community were annexed into Arvin, although administrative activities (i.e. billing) would be addressed by City staff instead of directly by Mountainside.

IV.B.1.4 Wastewater
Since the population of Edmundson Acres currently disposes of wastewater via private septic systems, annexation of the area into Arvin would ultimately require installation of public wastewater facilities and abandonment of the septic systems. City ordinance requires connection when a public sewer is available.

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-24
IV.B.1.5 Storm Drainage
Similarly, annexation of Edmundson Acres would require an analysis of the City’s ability to provide storm drainage, a possible update to the adopted Storm Drainage Master Plan, and potentially installation of conveyance and disposal facilities.

IV.B.1.6 Streets
Kern County currently provides road maintenance within Edmundson Acres. If the area were annexed into Arvin, the City would take over those activities. Since county roads generally see less frequent improvement and maintenance, it is likely that the City would need to perform street repairs for reasons of health and safety.

Further, the area would benefit from inclusion in the City’s capital street improvement program, resulting over time in more sweeping improvements to the street system.

IV.B.1.7 Transit
In order to provide transit services to Edmundson Acres, the City of Arvin would have to add a route or routes to its operations. To maintain acceptable levels of service, it would be necessary to purchase one or more additional transit vehicles.

IV.B.1.8 Parks
It is likely that residents of Edmundson Acres currently utilize some or all of the four existing City parks as well as the Bear Mountain Recreation & Park District’s pool at DiGiorgio Park. Annexation of the area would not be likely to increase use of those facilities.

IV.B.1.9 Building&Planning
Any lands annexed into Arvin would then fall under the City’s jurisdiction. Any building permits inspections or development-related activities would be addressed by City staff.

IV.B.1.10 Other Service Providers
The boundaries of all other districts discussed within this MSR report currently encompass Edmundson Acres.

Annexation of the community into Arvin would not materially affect the level of services they provide.

SenateBill 244: Land Use, General Plans, and Disadvantaged Communities Background/Purpose of SB 244
Implementing Senate Bill 244 (Wolk, 2011) a new law addressing disadvantaged unincorporated communities.

According to legislative findings in SB 244, hundreds of unincorporated communities in California lack access

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Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-25
to basic community infrastructure like sidewalks, safe drinking water, and adequate waste processing. These communities range from remote settlements throughout the state to neighborhoods that have been surrounded by, but are not part of, California’s fast-growing cities. This lack of investment threatens residents’ health and safety and fosters economic, social, and education inequality. Moreover, when this lack of attention and resources becomes standard practice, it can create a matrix of barriers that is difficult to overcome.

The purpose of SB 244 isto begin to addressthe complex legal, financial, and political barriersthat contribute to regional inequity and infrastructure deficits within disadvantaged unincorporated communities. Including these communities in the long-range planning of a city or county, as required by SB 244, will result in a more efficient delivery system of services and infrastructure including but not limited to sewer, water, and structural fire protection. In turn, investment in these services and infrastructure will result in the enhancement and protection of public health and safety for these communities.

Requirements of SB 244
Under SB 244, there are procedural requirements for both local governments and local agency formation commissions (LAFCos). These requirements are summarized and the relevant terms are defined below.

Requirements of Local Agency Formation Commission’s (LAFCo’s) SB 244 requires LAFCos to make determinations regarding “disadvantaged unincorporated communities.” A “disadvantaged community” is defined as a community with an annual median household income that is less than 80 percent of the statewide annual median household income (Water Code Section 79505.5).

Disadvantaged unincorporated communities (DUCs) are defined as “a territory that constitutes all or a portion of a “disadvantaged community” including 12 or more registered voters or some other standard as determined by the commission.

The bill affects LAFCo’s operations in three areas:

1. Municipal Service Reviews (MSR) Determinations.

2. Sphere of Influence (SOI) updates on or after July 1, 2012.

3. Annexation approval restrictions of territory adjacent to DUCs.

Municipal Service Reviews
The Cortese-Knox-Hertzberg Act of 2000 requires a local agency formation commission to develop and determine the sphere of influence of each local governmental agency in the county or other area designated by the commission. It also requires the LAFCos to prepare a municipal service review (MSR), which is a written statement of the commission’s determinations with respect to the growth and population projections for the affected area and the present and planned capacity of public facilities and

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2023
City of Arvin General Plan – Land Use Element Updated 2023 LU-26
adequacy of public services, financial ability to provide services, opportunities for shared facilities, and accountability for community service needs.

Government Code (GC) Section 56430, as amended by SB 244, now requires LAFCos to include in the MSR a description of the “location and characteristics of any disadvantaged unincorporated communities within or contiguous to the sphere of influence.” (Gov. Code, § 56430(a)(2).) The MSR must also contain specific written determinations on infrastructure needs or deficiencies related to public facilities and services, including but not limited to sewer, water, and fire protection services in any disadvantaged unincorporated communities within or contiguous to the sphere of influence of a city or special district that provides those services.

Sphere of Influence Updates
In addition to the new requirements for MSRs, GC Section 56425 also requires commissions on or after July 1, 2012, to adopt additional determinations for an update of a sphere of influence (SOI) of a city or special district that provides public facilities and services related to sewer, water, and fire protection. The commission must make determinations regarding the present and probable need for those public facilities and services in any DUCs within the existing sphere of influence.

Kern County LAFCo conducted public hearings in 2018 and 2019 relating to the City of Arvin’s request to expand its Sphere of Influence and after successful negotiations between the City of Arvin and County of Kern, LAFCo adopted and filed Resolution No. 19-18 dated June 26, 2019, filed and recorded as Doc# 223007096 on January 18, 2023.

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2012
City of Arvin General Plan
LU-27
Land Use Element Goals and Policies
Citywide Goals and Policies
Goal-1: Ensure high-quality community design that protects residents’ quality of life and enhances the City’s image and identity.

Policy LU-1.1 Ensure that all new development incorporates sound design practices and is compatible with the scale, mass and character of the surrounding area.

Policy LU-1.2 Provide high-quality public spaces that incorporate attractive landscaping and streetscaping for the benefit of present and future Arvin residents.

Goal 2: Create high-quality walkable neighborhoods that exemplify sustainable practices and reduce greenhouse gas emissions.

Policy LU-2.1 Require new development, wherever possible, to provide convenient, direct and safe bicycle and pedestrian connections.

Policy LU-2.2 Create active neighborhood districts that cluster jobs, services, goods and cultural and recreational uses within walking distance of residences to create a focus for community activity.

Policy LU-2.3 Develop the Jewett Square and Meyer/Sycamore opportunity sites as walkable neighborhoods, with assets and amenities that contribute positively to Arvin's quality of life and civic identity.

Policy LU-2.4 Work with the Arvin Union School District to identify and pursue opportunities to accommodate instructional activities and other District operations within the Jewett Square site, including the creation of a one-stop center for educational and community services.

Goal 3: Expand the range of economic opportunities in the City through commercial and industrial development that creates jobs, contributes to the municipal revenue base, and provides a diverse range of goods and services.

Policy LU-3.1 Maintain and attract high-quality and “green” commercial and industrial uses that enhance the image of the City and contribute to its vitality.

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2012
City of Arvin General Plan
LU-28
Policy LU-3.2 Promote the development and preservation of attractive commercial and industrial areas with ample landscape treatment, distinctive architecture, pedestrian-oriented design, and a full range of customer amenities.

Goal 4: Promote infill development that utilizes existing infrastructure, incorporates complementary land uses, and limits outward growth into agricultural and open space land.

Policy LU-4.1 Encourage infill development on vacant parcels within or adjacent to the City’s existing developed areas.

Policy LU-4.2 Promote uses that address daily needs within the City and close to neighborhoods, reducing the need for residents to travel long distances to access jobs, goods and services.

Policy LU-4.3 Coordinate development with existing, planned and potential transportation investments, with new growth oriented toward major streets and transit corridors.

Policy LU-4.4 Coordinate planning efforts with the Kern County Local Agency Formation Commission within the City's Sphere of Influence.

Goal 5: Establish a land use mix that promotes healthy living through access to healthy foods and opportunities for physical activity.

Policy LU-5.1 To the greatest extent possible, seek opportunities to expand the use of streets and other public rights-of-way as active transportation and recreation spaces through pedestrian-friendly design, shade trees, parkways and other enhancements.

Policy LU-5.2 Provide opportunities for residents to obtain healthy food locally and at low cost, by supporting grocery markets, farmers markets, community gardens, and other sources of fresh and healthy food.

Policy LU-5.3 Ensure that new development incorporates, where feasible, access to parks, trails and natural areas, creating a series of green corridors throughout the City.

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2012
City of Arvin General Plan
LU-29
Residential Goals and Policies
Goal 6: Maintain the scale and character of the City’s existing residential neighborhoods.

Policy LU-6.1 Require new infill development to be compatible with the existing scale, mass and character of the residential neighborhood. New buildings should transition in size, height and scale toward adjacent residential structures.

Policy LU-6.2 Ensure residential densities are compatible with available public service and infrastructure systems.

Goal 7: Ensure that new housing is produced in ways that reduce greenhouse gas emissions.

Policy LU-7.1 Locate new medium and high density residential developments within walking distance of local retail, services and community facilities.

Policy LU-7.2 Encourage or facilitate the inclusion of complementary land uses not already present within a neighborhood district such as grocery markets, daily services and parks.

Policy LU-7.3 Incorporate green building practices such as on-site solar energy generation, water conservation and environmentally friendly building materials as part of new residential development.

Goal 8: Promote residential design that responds to residents’ needs and incorporates amenities that increase the livability of neighborhoods.

Policy LU-8.1 Ensure that new multi-family developments include high-quality residential amenities such as open space, recreation, off-street parking, landscaping and pedestrian features.

Policy LU-8.2 Ensure site and building design provides access to natural light and air.

Policy LU-8.3 Design pedestrian and bicycle connections that support active and healthy living and increase accessibility to daily needs and services.

Policy LU-8.4 Maintain and enhance the value of neighborhood streets as public spaces that support community and social interaction through traffic calming and pedestrian-oriented design.

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2012
City of Arvin General Plan
LU-30
Goal 9: Provide a variety of housing options within the City.

Policy LU-9.1 Encourage the production of both rental and ownership housing.

Policy LU-9.2 Continue to support programs for the housing needs of underserved populations, such as seniors, large families, persons with disabilities and farm workers.

Policy LU-9.3 Encourage the development of for-sale and rental housing units for low and moderate-income households.

Commercial and Industrial Goals and Policies
Goal 10: Promote the development of cohesive, attractive commercial districts that create, enhance and capture value in the form of jobs and revenue.

Policy LU-10.1 Establish design guidelines and implementation strategies that encourage the City’s commercial corridors to become attractive avenues with street level pedestrian-oriented design, distinctive architecture, and neighborhoodfriendly services.

Policy LU-10.2 Encourage new commercial development to be open and inviting, with connections to the existing street and pedestrian network and to the larger community.

Policy LU-10.3 Encourage rehabilitation and development of high-quality commerce along the Bear Mountain Boulevard commercial corridor by utilizing low-cost renovation and rehabilitation programs and cost sharing for commercial façade modernization.

Policy LU-10.4 Concentrate existing and future commercial and activity center uses adjacent to high density residential areas.

Goal 11: Ensure that commercial and industrial uses provide access to jobs and needed services while minimizing their negative impacts on surrounding neighborhoods.

Policy LU-11.1 Promote a mix of industrial uses that do not create significant off-site circulation, noise, dust, odor, visual and hazardous materials impacts that cannot be mitigated.

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2012
City of Arvin General Plan
LU-31
Policy LU-11.2 Promote green building standards and energy efficiency incentives for commercial and industrial developments.

Goal 12: Promote development of industrial sites that are functional, have adequate public services, and have access to major streets and highways.

Policy LU-12.1 Locate industrial uses with access to major streets, truck routes, and transit services.

Agricultural Goals and Policies
Goal 13: Protect highly productive, prime agricultural lands from premature conversion to non-agricultural use.

Policy LU-13.1 Encourage participation in Williamson Act contracts for agricultural lands within and adjoining the City of Arvin.

Policy LU-13.2 Require that proposals to convert agricultural lands to non-agricultural use demonstrate a need for the conversion and create a benefit to the community.

Policy LU-13.3 Promote increased parcel sizes in agricultural zones consistent with the acreage necessary for economic viability.

Goal 14: Promote wise management of agriculturally productive soils to ensure their long-term viability in the production of food and fiber.

Policy LU-14.1 Encourage good agricultural practices to maximize the useful life of the soils.

Policy LU-14.2 Encourage cooperation among responsible agencies to protect the prime soils from dangers such as erosion and misuse.

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2012
City of Arvin General Plan
LU-32
Goal 15: Maximize opportunities to incorporate urban agriculture and establish a local food system.

Policy LU-15.1 Provide incentives for new development that incorporates agriculture such as home gardens, community gardens and urban farms.

Policy LU-15.2 Develop industrial land use policies that include food enterprises, such as urban farms, aquaculture, food wholesaling, processing and distribution.

Policy LU-15.3 Review existing ordinances that serve as barriers to establishing farmers' markets, community gardens and home gardens.

Policy LU-15.4 Identify appropriate sites for farmers’ markets and community gardens.

Policy LU-15.5 The City will encourage the continuation of agricultural uses in the unincorporated portion of the Planning Area and support the agricultural business community, while build relations to address adverse effects to the city and its residents (e.g., agricultural employee traffic, dust, pesticide drift, noise, etc.).

Public/Institutional Goals and Policies
Goal 16: Coordinate the location and development of open spaces with other land uses in order to enhance the quality of life in the City and promote a cohesive urban form.

Policy LU-16.1 Encourage open space development within the City’s existing built-up areas.

Policy LU-16.2 Discourage leapfrog development and the subsequent fragmentation of prime agricultural lands.

Policy LU-16.3 Require that proposed development demonstrate the availability of City services, including water and sewer lines.

Goal 17: Develop and expand facilities for a range of educational institutions in Arvin, especially those for higher education and vocational training.

Policy LU-17.1 Ensure the provision of adequate land for school campuses, according to the level of need identified by the appropriate school districts and private institutions.

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for Land Use Element 2012
City of Arvin General Plan
LU-33
Policy LU-17.2 Accommodate institutions of higher learning, such as community colleges and trade schools, to the greatest extent feasible by removing regulatory barriers.

END OF DOCUMENT

4.D.8
Attachment: 8- Ex F - 2023-44 Reso Adopting GPA to COA - GPA 2023-01 and GPA 2023-03_071123_Redacted (Addendum to MND and MMR for

Page 1 of 2 ends

Staff Report re Purchase of John Deere 3025E Compact Utility Tractor with front-end loader & backhoe for Public Works Department.

CITY OF ARVIN
Staff Report
Meeting Date: August 27, 2024
TO: Arvin City Council
FROM: Pedro Barraza, Public Works Supervisor
Jeff Jones, City Manager
SUBJECT: Authorization to Recognize the Competitive Bidding Process of Sourcewell; Dispense with the Public Bidding Requirement; and Authorize the City Manager to Approve the Purchase of One (1) John Deere 3025E Compact Utility Tractor with the Front-End Loader and Backhoe from Kern Machinery, Inc. for the Public Works Department in the Amount of $36,385.22.

BACKGROUND:

The Public Works Department is in need of a tractor. The department does not have heavy equipment to assist with digging trenches or moving material to other work locations and staff are currently working with picks and shovels only. A tractor can assist with completing projects in a more efficient manner. It may also help prevent future back strain injuries to staff.

The City wishes to purchase one John Deere 3025E Compact Utility Tractor with front-end loader and backhoe for the Public Works Department. Staff has obtained a quote from Kern Machinery for the total price of $36,385.22.

Section 3.08.070 (B) (5) of the Arvin Municipal Code (AMC) states that Bidding or open market procedure may be dispensed with only when:
“Competitive bidding or proposal procedures, substantially similar to the competitive bidding or proposal procedures in this code, have already been utilized either by a federal, state, county, city or special district government agency, or by a legitimate cooperative purchasing agency; and, that the supplies, equipment, materials or public works project provided to the city are at the same or better price, terms and conditions, as was obtained through such prior competitive bidding or proposal procedures” The City of Arvin is registered and obtained an account number with Sourcewell to participate in cooperative purchasing with awarded supplier contracts in a wide variety of industries.

Cooperative purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments. Sourcewell's analysts streamline the procurement process by developing Request for Proposals (RFPs) and Invitations for Bids (IFBs) for national, competitive solicitations that meet or exceed local requirements. Their process allows them to offer products from national suppliers.

The City wishes to purchase one John Deere 3025E Compact Utility Tractor with front-end

4.E.1
Attachment: Staff Report re Purchase of John Deere 3025E with front-end loader and backhoe_082724 (Purchase John Deere 3025E Compact

Page 2 of 2 ends

Staff Report re Purchase of John Deere 3025E Compact Utility Tractor with front-end loader & backhoe for Public Works Department.
loader and backhoe based on the competitive bidding procedures utilized under Sourcewell as the cooperative purchasing agency and Kern Machinery as the supplier - Sourcewell Grounds Maintenance Contract #031121-DAC (PG NB CG 70).

STAFF RECOMMENDATION:

Staff recommends that the City Council Authorize to Recognize the Competitive Bidding Process of Sourcewell; Dispense with the Public Bidding Requirement; and Authorize the City Manager to Approve the Purchase of One (1) John Deere 3025E Compact Utility Tractor with the Front-End Loader and Backhoe from Kern Machinery, Inc. for the Public Works Department in the Amount of $36,385.22.

FINANCIAL IMPACT:

Total purchase cost including taxes for the John Deere Tractor 3025E Compact Utility Tractor with the front-end loader and backhoe is $36,385.22 to be paid from the America Rescue Plan Act (ARPA) fund.

ATTACHMENTS:
• Quote from Kern Machinery, Inc. (Sourcewell Ground Maintenance Contract # 031121- DAC (PG NB CG 70).

4.E.1
Attachment: Staff Report re Purchase of John Deere 3025E with front-end loader and backhoe_082724 (Purchase John Deere 3025E Compact Quotes of equipment offered through contracts between Deere & Company, its divisions and subsidiaries (collectively “Deere”) and government agencies are subject to audit and access by Deere's Strategic Accounts Business Division to ensure compliance with the terms and conditions of the contracts.

Vendor: Deere & Company
2000 John Deere Run
Cary, NC 27513
Signature on all LOIs and POs with a
signature line
Contract name or number; or JD Quote ID
Sold to street address
Bill to email address (required to send the invoice and/or to obtain the tax exemption certificate
Customer:

Quotes are valid for 30 days from the creation date or upon contract expiration, whichever occurs first.

A Purchase Order (PO) or Letter of Intent (LOI) including the below information is required to proceed with this sale. The PO or LOI will be returned if information is missing.

Oliver Prado
Kern Machinery, Inc.
520 S Mt Vernon Avenue
Bakersfield, CA 93307
Tel: 661-833-9900
Fax: 661-833-9911
Email: [email protected]
For any questions, please contact:

Ship to street address (no PO box)
Bill to contact name and phone number
Bill to address
Membership number if required by the contract

4.E.2
Attachment: 3025E SOURCEWELL QUOTE (Purchase John Deere 3025E Compact Utility Tractor)

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Kern Machinery, Inc.
520 S Mt Vernon Avenue
Bakersfield, CA 93307
661-833-9900
[email protected]
Confidential
Salesperson : X ______________ Accepted By : X ______________ Quote Summary
Prepared For:

CITY OF ARVIN
205 1/2 LANGFORD AVE
ARVIN, CA 93203
[email protected]
Delivering Dealer:

Kern Machinery, Inc.

Oliver Prado
520 S Mt Vernon Avenue
Bakersfield, CA 93307
Phone: 661-833-9900
[email protected]
John Deere 3025E
370B Backhoe
Standard four-wheel drive (4WD) for maximum traction
Tightest turning radius in its horsepower class
Hydro transmission with Twin Touch™ pedals for ease of use This is a Sourcewell (Formally NJPA) quote.

Make your P.O for Deere &
Company and list the CA Tax Tire Fee as a non-contract item.

Quote ID: 31534124
20 August 2024
20 August 2024
Created On:

Last Modified On:

Expiration Date: 20 September 2024
Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 3025E Compact Utility
Tractor
$ 30,355.50 $ 24,891.51 X 1 = $ 24,891.51
Contract: Sourcewell Grounds Maintenance 031121-DAC (PG NB CG 70) Price Effective Date: August 19, 2024
JOHN DEERE 370B Backhoe $ 10,635.00 $ 8,720.70 X 1 = $ 8,720.70 Contract: Sourcewell Grounds Maintenance 031121-DAC (PG NB CG 70) Price Effective Date: August 19, 2024
Equipment Total $ 33,612.21
* Includes Fees and Non-contract items Quote Summary
Equipment Total $ 33,612.21
Trade In
SubTotal $ 33,612.21
Sales Tax - (8.25%) $ 2,773.01
Est. Service
Agreement Tax
$ 0.00
Total $ 36,385.22

4.E.2
Attachment: 3025E SOURCEWELL QUOTE (Purchase John Deere 3025E Compact Utility Tractor)

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Kern Machinery, Inc.
520 S Mt Vernon Avenue
Bakersfield, CA 93307
661-833-9900
[email protected]
Confidential
Salesperson : X ______________ Accepted By : X ______________ Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 36,385.22

4.E.2
Attachment: 3025E SOURCEWELL QUOTE (Purchase John Deere 3025E Compact Utility Tractor) Quote Id: 31534124 Customer Name: CITY OF ARVIN
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Kern Machinery, Inc.
520 S Mt Vernon Avenue
Bakersfield, CA 93307
661-833-9900
[email protected]
JOHN DEERE 3025E Compact Utility Tractor
Hours:

Stock Number:

Contract: Sourcewell Grounds Maintenance 031121-DAC
(PG NB CG 70)
Price Effective Date: August 19, 2024
Suggested List *
$ 30,355.50
Selling Price *
$ 24,891.51
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
1357LV 3025E Compact Utility
Tractor
1 $ 22,790.00 18.00 $ 4,102.20 $ 18,687.80 $ 18,687.80
Standard Options - Per Unit
0202 United States 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00
0409 English Operator's Manual
and Decal Kit
1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00
1701 Factory Installed Loader
with Bucket
1 $ 6,828.00 18.00 $ 1,229.04 $ 5,598.96 $ 5,598.96
4061 Less iMatch™ Quick Hitch
Category 1
1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00
4110 Draft Links - Flat Bar
(Standard)
1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00
5210 15-19.5 6PR R4 Industrial 1 $ 186.00 18.00 $ 33.48 $ 152.52 $ 152.52 6210 25x8.50-14 6PR R4
Industrial
1 $ 73.00 18.00 $ 13.14 $ 59.86 $ 59.86
Standard Options Total $ 7,087.00 $ 1,275.66 $ 5,811.34 $ 5,811.34 Dealer Attachments/Non-Contract/Open Market
BXX10820 Power Beyond Kit 1 $ 478.50 18.00 $ 86.13 $ 392.37 $ 392.37 Dealer Attachments Total $ 478.50 $ 86.13 $ 392.37 $ 392.37 Value Added Services
Total
$ 0.00 $ 0.00 $ 0.00
Total Selling Price $ 30,355.50 $ 5,463.99 $ 24,891.51 $ 24,891.51 JOHN DEERE 370B Backhoe

4.E.2
Attachment: 3025E SOURCEWELL QUOTE (Purchase John Deere 3025E Compact Utility Tractor) Quote Id: 31534124 Customer Name: CITY OF ARVIN
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Kern Machinery, Inc.
520 S Mt Vernon Avenue
Bakersfield, CA 93307
661-833-9900
[email protected]
Equipment Notes:

Hours:

Stock Number:

Contract: Sourcewell Grounds Maintenance 031121-DAC
(PG NB CG 70)
Price Effective Date: August 19, 2024
Suggested List *
$ 10,635.00
Selling Price *
$ 8,720.70
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
6202LV 370B Backhoe 1 $ 10,501.00 18.00 $ 1,890.18 $ 8,610.82 $ 8,610.82 Standard Options - Per Unit
0202 United States 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00
0409 English Operator's Manual
and Decal Kit
1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00
1001 Subframe Mounting 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00 3016 16 In. Bucket 1 $ 134.00 18.00 $ 24.12 $ 109.88 $ 109.88 Standard Options Total $ 134.00 $ 24.12 $ 109.88 $ 109.88 Total Selling Price $ 10,635.00 $ 1,914.30 $ 8,720.70 $ 8,720.70

4.E.2
Attachment: 3025E SOURCEWELL QUOTE (Purchase John Deere 3025E Compact Utility Tractor)

CITY OF ARVIN
Staff Report
Meeting Date: August 27, 2024
TO: Arvin City Council
FROM: Megan Miller, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Approval of Transportation Manager Job Description and Employment Agreement BACKGROUND:

The City of Arvin Transportation Department has been operating with very few incidents under the sole direction of the Transportation Manager. Additionally, Hesham Elshazly, Transportation Manager, has received over a decade of flawless inspections by several regulatory agencies. The city received the award for additional electric buses; thus, the fleet inventory and maintenance oversight need rise respectively.

Based on some research with the assistance of the City Clerk, it was discovered that the Transportation Manager position job description was last updated in 2009. With that, some modifications have been made to remove antiquated language and move to the standardized format the city began using in 2018.

The Transit Department completes 100 routes resulting in 18,800 miles per month. This department’s performance is crucial to meet the needs of the City of Arvin residents to provide transportation to their personal, professional, and educational obligations. The ridership for the city has continued to trend upward. With the increase in fuel prices, proposed growth in the Tejon service area and addition of the Bakersfield College satellite campus, we anticipate continued and consistent ridership growth. The department boasts a 99% on-time performance, has continued to operate incident free.

STAFF RECOMMENDATION:

The recommendation to approve the Transportation Manager job description and employment agreement.

FINANCIAL IMPACT:

Minimal impact to general plan as alternative funding sources are available.

ATTACHMENTS:

Transportation Manager Employment Agreement
Transportation Manager Current Job Description – March 10, 2009 Transportation Manager Updated Job Description – Aug 27, 2024

4.F.1
Attachment: Transportation Mgr Staff Report [Revision 1] (Approval of Transportation Manager Job Description and Employment Agreement)

Page 1 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
AGREEMENT NO. 2024-__

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into and effective on the 27 th day of August 2024, by and between the City of Arvin (“City”), a California municipal corporation, and Hesham Elshazly (“Employee”). City and Employee are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, Employee has demonstrated the knowledge, skills, and abilities to serve as the City’s Transportation Manager under the criteria established by the City; and WHEREAS, this Employment Agreement (“Agreement”) is made and entered into by and between the City and Employee in order to secure the services of Employee as Transportation Manager; and
WHEREAS, the position of Transportation Manager is an “at will” position, not subject to the City’s personnel rules; and
WHEREAS, it is in the City’s best interest at this time to pursue employment of Employee as Transportation Manager in accordance with the applicable provisions of the City’s Municipal Code and as otherwise provided by law. Employee wishes to accept employment as Transportation Manager and is willing to do so under the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the Parties mutually agree as follows:

AGREEMENT

1. INCORPORATION. The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. HIRE. City acknowledges Employee has served as the Transportation Manager of the City of Arvin since June 3, 2013. By way of this Agreement City and Employee seek to formalize such employment, effective August 27, 2024 (“Effective Date”) pursuant to the terms and conditions of this Agreement. Employee shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end of the Term or earlier termination of this Agreement.

3. “AT-WILL” EMPLOYMENT. Employee acknowledges he is employed at the pleasure of the City Manager and is thus an at-will employee. The terms of the City’s personnel rules, policies, procedures, ordinances, or resolutions (collectively “Personnel Policies”) shall not apply to Employee unless made expressly applicable to Employee. Nothing in this Agreement is intended to, or does, confer upon Employee any right to any property

4.F.2
Attachment: Transportation Manager EA [Revision 2] (Approval of Transportation Manager Job Description and Employment Agreement)

Page 2 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate his employment, including any so-called due process pre-disciplinary “Skelly” meeting, except that the City must terminate Employee in the manner set forth in Section 7 below. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee as provided in Section 7 of this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from this position with City, subject only to the provisions set forth in Section 7 of this Agreement.

4. DUTIES. TRANSPORTATION MANAGER. Employee accepts employment with the City as its Transit Manager and agrees to perform all functions, duties and services set forth the job description for the Transit Manager position attached hereto as Exhibit “A,” and those duties that are otherwise legally permissible and proper as required by law and as the City Manager shall assign from time to time.

Employee shall devote his full energies, interests, abilities, and productive time to the performance of this Agreement, and utilize his best efforts to promote City’s interests.

Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise (together “Outside Employment”), which is actually or potentially in conflict with or inimical to, or which materially interferes with, his duties and responsibilities to the City. Additionally, Employee shall not undertake any Outside Employment except with the consent of the City Manager.

5. TERM. Except as hereinafter described, the term of this Agreement shall be for two years commencing on the Effective Date.

6. SALARY AND BENEFITS. Employee’ salary and other benefits for all work or services called for under this Agreement shall be as follows:

A. Salary. Commencing on the Effective Date, Employee’s annual salary shall be in the amount of $97,000.00 which shall be paid according to the payroll schedule in place for all City Employees. Employee shall be eligible for a merit-based pay increase up to 5% of his annual salary after successfully completing 1 year of service following performance evaluation. Such a merit-based salary increase shall be awarded at the discretion of the City Manager.

The compensation set forth in this section shall be Employee’s total compensation under this Agreement, and Employee shall not be eligible for any other benefits or compensation not specifically provided for in this Agreement.

The position of Transportation Manager is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee based on hours worked.

B. Paid Time Off (“PTO”). Employee shall accrue 6.15 hours of vacation leave per pay period during the term of this Agreement, resulting in 160 hours per year. Employee

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shall be entitled to accrue vacation leave up to one and one half (1½) times the total annual accrual level, not to exceed one hundred eighty (180) hours accrued vacation.

Should Employee reach the accrual limit, accrual will cease until such time as the Employee's accrued number of hours falls below the limit; Employee shall accrue

3.6923 hours of sick leave per pay period during the term of this Agreement, resulting in 96 hours per year. Sick leave can be carried forward and accrued.

Employee shall be entitled to 18 hours of personal business days at the beginning of every fiscal year. If these personal business hours are not utilized by the end of the given fiscal year, they will not be carried forward to the next fiscal year and will be forfeited.

Employee shall be allowed to cash out PTO provided that Employee maintains a minimum of 40 hours of PTO.

C. Holiday and Other Leaves. Employee shall receive the same leaves, holidays, and other time off as provided to other managers at the City.

D. Employee Benefits. 100% of the employee benefit coverage is paid by the city. If Employee elect to add dependents, Employee’s maximum out of pocket expense shall be $150.00 per month. Employee may select between two Platinum level plans with the benefit provider.

E. Term Life Insurance. The City shall pay the premiums for a term life insurance policy in the amount of $50,000.00. Employee shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest of the employee.

F. Cell Phone Allowance. City shall provide Employee with cell phone allowance of $150.00 per month.

G. Public Employees’ Retirement System (Pers) And Social Security. Employee shall be provided California Public Employees’ Retirement System (“CalPERS”) benefits.

CalPERS 2% at 62, Employee is a PEPRA member. City and Employee shall each bear their own member/employee or employer contributions during the term of this Agreement. City and Employee shall each pay one half of the payments due to Social Security and Medicare during the term of this Agreement.

H. Changes in Benefits. Employee acknowledges that the City Council may from time to time revise the Non-Represented Salary Resolution, which may change the level of compensation (exclusive of Employee’s base salary) or benefits provided to Employee.

In such event, amendment of this Agreement shall not be required, and Employee shall be provided benefits according to the Non-Represented Salary Resolution then in effect. Furthermore, revision to the Non-Represented Salary Resolution such that it changes the benefits provided in this Section 6 shall not be deemed a breach of this Agreement.

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7. TERMINATION. Upon appointment to the Transportation Manager position, Employee remains an at-will employee serving at the under the direction of the City Manager and may be terminated as follows:

A. Termination by CITY for Cause. The City Manager may terminate this Agreement for cause at any time by providing Employee with written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following:
i. Theft, or attempted theft, financial mismanagement, material dishonesty, willful or persistent breach of duties, engaging in conduct tending to bring embarrassment or disrepute to the City, unauthorized or excessive absences. ii. A formal investigation commissioned by the City Council and conducted by a third-party investigator hired by the City Council in which the City Council has determined that the Employee has engaged in unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.” iii. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption, or dishonesty. “Conviction” shall include any guilty plea, plea of nolo contendre, or any other disposition other than a dismissal of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.” iv. Employee’ death.
v. Employee’ permanent disability if such disability precludes Employee from performing his essential job duties for more than three (3) cumulative months after attempts at a reasonable accommodation pursuant to the Americans with Disabilities Act and/or California’s Fair Employment & Housing Act have been made.
vi. Breach of this Agreement;
vii. Willful or persistent material breach of duties;
viii. Résumé fraud or other acts of material dishonesty; ix. Unauthorized absence or leave

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x. Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred,
xi. Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules xii. Use or possession of illegal drugs,
xiii. “Abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption).

For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution.

B. Termination “Without Cause.” City reserves the right to terminate this Agreement and Employee’s Employment at any time at the will, discretion, and pleasure of the City Manager upon providing Employee with thirty (30) days written notice. City’s only obligation in the event of such termination will be payment to Employee of all compensation then due and owing as set forth in Section 2.1 up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to statutory or regulatory requirements, or if doing so will preclude a violation of State, Federal or local law.

C. Resignation. If Employee elects to resign at any time during the term of this Agreement, he may do so upon giving City thirty (30) days’ written notice.

Termination pursuant to such action shall occur thirty (30) calendar days after service of said notice, or on such other date as may be agreed to by the Parties.

D. Retirement. If Employee elects to retire, he shall inform City, in writing, at least thirty (30) days prior to the effective date of such retirement. City shall cooperate fully with Employee to provide all information in a timely manner.

E. No Notice for Expiration. Nothing in this Section 7 shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 5.

F. Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, Confidential Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by his incident to his employment belongs to City and shall be returned promptly to City upon termination of Employee’ employment. Employee’

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obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
i. Confidential Information. “Confidential Information” shall include, but not be limited to, all information or material that Employee learns of or obtains during his employment with City that is or was confidential or privileged by virtue of it having been discussed or presented in a dulynoticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City.

Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Employee by City.

Nothing herein shall require City to disclose any of its information to Employee. During his employment with City, Employee shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform his job responsibilities under this Agreement.

Following the termination of this Agreement, Employee shall not use or disclose any Confidential Information, except with the express written consent of City. Employee’ obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.

G. Severance. In the event that Employee is terminated “Without Cause,” he shall be entitled to severance pay as follows:
o An amount equal to Four (4) pay periods.

The severance pay will be in addition to pay accrued, but not remitted, prior to the notice of termination, and any accrued PTO. The severance rights provided in this Paragraph 7(G) shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein, including any and all rights he may have to a separation payment pursuant to any joint powers insurance authority memorandum of liability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

8. INDEMNIFICATION. City shall defend, save harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings (“Claims”) brought against his in his individual capacity or in his official capacity as Transportation Manager,

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provided the Claims arise while Employee is acting within the scope of his employment and provided, he did not act or fail to act because of actual fraud, corruption or malice. The provision shall not extend to claims brought by City itself or where indemnity is otherwise prohibited by law.

9. PERFORMANCE EVALUATION. City Manager evaluate Employee at least one (1) time each year during the pendency of this Agreement. Employee shall be responsible for initiating the evaluation. The City Manager may conduct more frequent performance evaluations at their discretion.

A. Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process.

B. No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. Employee may, if he disagrees with a performance evaluation, submit a written rebuttal to the performance evaluation within thirty (30) calendar days of receiving the evaluation. Performance evaluations, along with any rebuttal, will be maintained in Employee’s personnel file and will be treated as confidential.

10. NOTICES. Notices pursuant to this Agreement shall be deemed to be given when personally delivered to the party to whom directed or when deposited in the United States Mail, postage prepaid, and addressed as follows:

City Employee
Mayor, City of Arvin Hesham Elshazly
200 Campus Drive 200 Campus Drive
Arvin, California 93203 Arvin, California 93203
Either party may change his or its address by providing written notice to the other party in the manner described herein.

11. GENERAL PROVISIONS.

A. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes all prior agreements, promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges a breach of this Agreement or seeks to enforce its terms, provisions, obligations, or as compelled by law.

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B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.

C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.

D. Amendment. This Agreement may not be amended except in a written document signed by Employee, approved by the City Council and signed by the City’s Mayor.

E. Assignment. Employee shall not assign any rights or obligations under this Agreement, nor any interest in it. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.

F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.

G. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.

H. Attorneys’ Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys’ fees, costs, and all other litigation costs.

I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.

J. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee, that provides paid leave salary offered by the local agency to the officer or Employee pending an investigation shall require that any salary provided for that purpose be fully

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reimbursed if the officer or Employee is convicted of a crime involving an abuse of his or her office or position.
b. Government Code section 53243.1 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee that provides funds for the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or Employee is convicted of a crime involving an abuse of his or her office or position. c. Government Code section 53243.3 states that on or after January 1, 2012, if a local agency, such as the City, provides, in the absence of a contractual obligation, for any of the payments described in the corresponding article of the Government Code, then the Employee or officer, such as Employee, receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the Employee or officer is convicted of a crime involving the abuse of his or her office or position.
d. Government Code sections 87100 et seq., section 1090 and section 1126, and all other similar statutory and administrative rules, prohibit conflicts of interest.

During the term of this Agreement, Employee shall comply with all those requirements of law, and shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement.

Employee represents that he has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to his, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position.

K. Independent Legal Advice. City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or had the opportunity to do so and City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement.

Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means.

Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

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L. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

M. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

N. Non-Interest. With the exception of Employee, no officer or employee of the City shall hold any interest in this Agreement (California Government Code section 1090). [Signature Page Follows]

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IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and duly attested to by its City Clerk, and Employee has signed and executed this Agreement, as of the date written below.

Dated: CITY OF ARVIN
By:

JEFF JONES, CITY MANAGER
Dated: EMPLOYEE
By:

HESHAM ELSHAZLY
ATTEST:

By:

CECILIA VELA, CITY CLERK
APPROVED AS TO FORM:

By:

NATHAN M. HODGES, ESQ.

CITY ATTORNEY
Attachments:

Exhibit “A”: Transportation Manager Job Description
Exhibit “B”: Severance Agreement

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Exhibit “A”
Transportation Manager Job Description

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Exhibit “B”
Agreement Of Separation, Severance, And
General Release

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “Agreement”) is entered into effective this ___ day of ___________, _____ by and between the City of Arvin, a municipal corporation (“'City” herein), and Hesham Elshazly (“Employee” herein).

2. RECITALS

2.1 Employee was hired by the City as an at-will Transportation Manager effective on or about _______________, serving at the pleasure of the of the City Manager of the City pursuant to a written Employment Agreement, a copy of which is attached hereto as Exhibit “1” (“Employment Agreement”). Employee is currently ___ years old.

2.2 On or about __________, 20__, the City provided Employee with a Notice of Termination without Cause (or the Employee provided the City a letter of resignation, wherein Employee informed the City of his intent to resign.) Pursuant to the Notice of Termination (or Employee’s resignation letter), the City and Employee desire that Employee separate from employment with the City and enter into this Agreement whereby Employee receives severance compensation in exchange for executing a general release and waiver of any and all claims that Employee may have against the City, including but not limited to, its elected and non-elected officials, Employees, attorneys, and agents. Accordingly, the parties hereto intend by this Agreement to mutually conclude any and all employment relationships between the City and Employee by means of Employee's separation as Transportation Manager as of the ____ day of _________ 20__. This Agreement sets forth the full and complete terms and conditions concluding Employee's employment relationship with the City and any obligations related thereto, including any provided under the Employment Agreement.

2.3 In accordance with this Agreement and with applicable state and federal laws, Employee acknowledges that Employee has been advised of Employee’s post-employment rights, including but not limited to, Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (" HIPAA"), and of his rights under the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act.

3. CONSIDERATION

3.1 Employee shall receive payment to his at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in the Employment Agreement, and/or all other wage compensation/benefits owed to Employee upon separation of employment, as required by state, federal or municipal law or any other Agreement with the City.

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3.2 In exchange for the waivers and releases set forth herein, the City shall cause to be paid to Employee an additional compensatory payment as severance pay by means of a lump sum payment of ________________ ($__________), as set forth in in the form of a check made payable to Employee to be mailed to Employee at Employee’s home address via certified mail return receipt requested within thirty (30) business days after the Effective Date (as defined below) of this Agreement. The lump sum payment shall be subject to applicable state and federal withholdings as determined appropriate by the City.

3.3 In exchange for the severance payment provided for herein, Employee, and on behalf of Employee’s Spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges the City, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and such of them (hereinafter referred to as “the City Parties”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, Agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which Employee now has or may acquire in the future, or which Employee ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the effective date of this Agreement (hereinafter referred to collectively as “Claims”), without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. Employee expressly acknowledges that the Claims forever barred by this Agreement specifically include, but are not limited to, claims based upon any alleged breach of the contract or any other Agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIP AA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act or any claim or cause of action including but not limited · to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code§§ 12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or Employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.

Furthermore, nothing herein shall be interpreted as a release or waiver of the City’s statutory obligations relative to providing defense and indemnification of public

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Employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”') makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this Agreement, Employee acknowledges that Employee knowingly and voluntarily, for just compensation in addition to anything of value to which Employee was already entitled, waives, and releases any rights he may have under the ADEA and/or OWBPA. Employee further acknowledges that Employee has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/release is written in a manner understood by Employee; b) Employee is aware of, and/or has been advised of, Employee’s rights under the ADEA and OWBPA, and of the legal significance of Employee’s waiver of any possible claims Employee currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
c) Employee is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement and the waiver and release of any rights Employee may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of Employee's own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (21) days;
d) The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement;
e) Employee has been advised by this writing that Employee should consult with an attorney prior to executing this Agreement;
f) Employee has discussed this waiver and release with, and been advised with respect thereto by, Employee’s counsel of choice or at least had the opportunity to do so, and Employee represents by signing this Agreement that Employee does not need any additional time within which to review and consider this Agreement;
g) Employee has seven (7) days following Employee’s execution of this Agreement to revoke the Agreement;

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h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the City pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and i) This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution of same (“Effective Date”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3, and 4 above, Employee understands that California Civil Code section 1542 reads as follows:
“GENERAL RELEASE--CLAIMS EXTINGUISHED”
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.”
Employee hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
Employee hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this Agreement represents and warrants to, and agrees with, each other party as follows:

7.1 Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this Agreement or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this Agreement, that they have read this Agreement; that they have had this Agreement fully explained to them by such counsel or have had such opportunity to do so and that they are fully aware of the contents of this Agreement and of its legal effect.

7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and neither party relies upon any statement, representation, omission

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TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
or promise of any other party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement.

7.3 Independent Investigation: Each party to this Agreement has made such investigation of the facts pertaining to this settlement and this Agreement and all the matters pertaining thereto, as it deems necessary.

7.4 Mistake Waived: In entering into this Agreement, each party assumes the risk of any misrepresentation, concealment, or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this Agreement was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this Agreement. This Agreement is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5 Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that Employee fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against the City or the City Parties. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6 Indemnification: Employee agrees to indemnify and hold harmless the City or the City Parties from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this Agreement. Employee understands and agrees that Employee shall be exclusively liable for the payment of all taxes for which Employee is responsible, if any, as a result of Employee's receipt of the consideration referred to in Paragraph 3 of this Agreement. In addition, Employee agrees fully to indemnify and hold the City Parties harmless for payment of tax obligations as may be required by any federal, state, or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this Agreement.

7.7 Future Cooperation: Employee shall execute all such further and additional documents as shall be reasonable, convenient, necessary, or desirable to carry out the provisions of this Agreement.

7.8 Return of Confidential Information and Property: Prior to the separation all City keys, equipment, passwords, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by Employee during the course of Employee’s employment with the City shall be provided by Employee to the Finance Director or designee.

4.F.2
Attachment: Transportation Manager EA [Revision 2] (Approval of Transportation Manager Job Description and Employment Agreement)

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