Agenda — Arvin City Council, September 10, 2024

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY SEPTEMBER 10, 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
Tim Tarver Councilmember
Vacant 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 – September 10, 2024

Page 1 of 2 ends

1. APPROVAL OF AGENDA AS TO FORM.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ 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. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of August 23, 2024 – September 05, 2024.

B. Approval of Payroll Register(s) of August 30, 2024.

C. Approval of A Proclamation Proclaiming September 2024 as Hunger Action Month.

D. Approval of A Resolution of the City Council of the City of Arvin Approving Final Parcel Map 12556 and Deferred Off-Site Improvement Agreement with Apex Development and Investment Company.

Staff recommends approval of the consent agenda.

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

4. ACTION ITEM(S)
A. Consideration and Approval of Transportation Manager Job Description and Employment Agreement. (HR Manager)
Staff recommends approval of the Transportation Manager Job Description and Employment Agreement.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ B. Consideration and Approval of Grants Manager Employment Agreement. (HR Manager)
Staff recommends approval of the Grants Manager Employment Agreement.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ Arvin City Council Meeting Agenda – September 10, 2024

Page 2 of 2 ends

C. Consideration and Acceptance of City Council Member Resignation and Potential Approval of the Process to Filling the Vacancy on the City Council. (City Attorney)
Staff recommends acceptance of the resignation and approval of an appointment process after accepting applications to fill the City Council vacancy.

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

5. CITY MANAGER’S REPORT

6. REPORT OF COUNCIL MEMBER MEETINGS & CONFERENCES ATTENDED

7. COUNCIL MEMBER COMMENTS

8. 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)

9. 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 September 05, 2024.

Cecilia Vela, City Clerk
8/29/2024 4:10:16 PM Page 1 of 7
Payment Register
City of Arvin APPKT00778 - FOR AP 8/29/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1542
Vendor Number

ADLERHORST INTERNATIONAL LLC
Total Vendor Amount
7,000.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 7,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 121346 K-9 OFFSITE TRAINING 07.01.24-06.30.25 07/01/2024 07/01/2024 0.00 7,000.00 1773
Vendor Number
ALIANZA RECYCLING AND RECOVERY, LLC.

Total Vendor Amount
100.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 100.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 110994 HARD DRIVE DESTRUCTION 08/07/2024 08/07/2024 0.00 100.00 1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
27,826.15
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 27,826.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 242270030076 MEDICAL SEPTEMBER 2024 08/29/2024 08/29/2024 0.00 27,826.15 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
889.89
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 889.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8752 UNIT 317 BOUNCY SUSPENSION 08/15/2024 08/15/2024 0.00 889.89 1756
Vendor Number
CALIFORNIA STAFFING SOLUTIONS INC.

Total Vendor Amount
5,472.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 5,472.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3893 PW TEMP STAFFING 07.29.24-08.04.24 08/14/2024 08/14/2024 0.00 5,472.00 1736
Vendor Number

CHAPLIN AND HILL INVESTIGATIVE SERVICES LLC
Total Vendor Amount
4,161.66
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 4,161.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 24-20_03 ADMIN INVESTIGATION 08/04/2024 08/04/2024 0.00 4,161.66 1043
Vendor Number

CITY OF SHAFTER
Total Vendor Amount
1,160.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 1,160.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount TACTICAL PATROL RIFLE TRAINING TACTICAL PATROL RIFLE TRAINING 08/21/2024 08/21/2024 0.00 1,160.00

CLEAN CUT LANDSCAPE MANAGEMENT INC
Total Vendor Amount
3,725.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 3,725.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4974 ARVIN LANDSCAPE & MAINT LLMD NO. 1 JULY 2024 07/31/2024 07/31/2024 0.00 3,000.00 4975 ARVIN LANDSCAPE & MAINT LLMD NO. 2 JULY 2024 07/31/2024 07/31/2024 0.00 725.00 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
420.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 420.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1119505 LTR 450 DISPATCH PW AUGUST 2024 08/01/2024 08/01/2024 0.00 240.00 1119506 LTR 450 DISPATCH TRANSIT AUGUST 2024 08/01/2024 08/01/2024 0.00 180.00 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

86.32 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 86.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 541767 BOLTS AND STREET SIGNS ANCHOR 08/13/2024 08/13/2024 0.00 5.89 541793 MATERIAL FOR PW YARD 08/13/2024 08/13/2024 0.00 21.08 541863 MATERIAL FOR PW YARD 08/14/2024 08/14/2024 0.00 6.40 541882 FOR STREET SIGNS RIBBED ANC 08/14/2024 08/14/2024 0.00 10.48 541984 RIBBED PLASTIC ANC 08/15/2024 08/15/2024 0.00 8.11 542036 ADOBE COMPLEX LOCKER BREAKER BOX 08/15/2024 08/15/2024 0.00 24.89 73662 ARVIN PD PLASITC DISPOSABLE PAINT TRAY 08/15/2024 08/15/2024 0.00 9.47 1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
238.41
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 238.41
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2336688 CHIRO SVCS SEPTEMBER 2024 08/08/2024 08/08/2024 0.00 238.41 1417
Vendor Number
dba ARVIN AUTO
Total Vendor Amount
5,205.42
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 5,205.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8878 2017 FORD CATALYTIC CONVERTER REPLACED 08/16/2024 08/16/2024 0.00 2,630.82 8879 UNIT 401 INSTALL 3 PIECE SKID PLATE 08/16/2024 08/16/2024 0.00 1,107.89 8880 UNIR 403 INSTALL 3 PEICE SKID PLATE , OIL CHANGE 08/16/2024 08/16/2024 0.00 1,276.29 8882 UNIT 294 OIL CHANGE 08/17/2024 08/17/2024 0.00 190.42 1342
Vendor Number
dba LEGACY LANDSCAPING LAWN & TREE SERVICE
Total Vendor Amount
20,000.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 20,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DIGIORGIO24IH REPAIRED 6 IN MAIN WATER LINE 08/19/2024 08/19/2024 0.00 4,500.00 DIGIORGIO25IH EMERGENCY - HALF OF THE TREE BROKE 08/19/2024 08/19/2024 0.00 15,500.00 1233
Vendor Number

DEWALT CORPORTATION
Total Vendor Amount
11,320.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 11,320.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1091538 ARVIN URBAN GREENING JULY 2024 08/29/2024 08/29/2024 0.00 11,320.00

ERIC REYES GUERRA
Total Vendor Amount
1,400.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 1,400.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0298 ARVIN PD FLEET WASH 08.13.24 08/13/2024 08/13/2024 0.00 450.00 INV0299 TRANSIT BUS WASH 08.20.2024 08/20/2024 08/20/2024 0.00 400.00 INV0300 ARVIN PD FLEET WASH 08.20.24 08/20/2024 08/20/2024 0.00 550.00 1065
Vendor Number

GALLS LLC
Total Vendor Amount

54.30 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 54.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 028052149 PADDLE HANDCUFF AND MAG COMBO 05/28/2024 05/28/2024 0.00 54.30 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
3,401.28
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 3,401.28
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 473524.1 SHORT PAID ORIGINAL FUEL INVOICE 07/30/2024 07/30/2024 0.00 3,401.28 1552
Vendor Number

HARBOR PLUMBING COMPANY
Total Vendor Amount
4,850.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 4,850.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 728612 VET'S HALL BROKE 2 IN WATER MAIN UNDER TREE 07/15/2024 07/15/2024 0.00 4,850.00 1318
Vendor Number

HECTORS PLUMBING INC
Total Vendor Amount
715.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 715.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 231343 REMAINING BALANCE - INSPECT SEWER LINE 07/16/2024 07/16/2024 0.00 90.00 23-1482 REPAIRED URINAL 08/08/2024 08/08/2024 0.00 625.00 1081
Vendor Number

JIM BURKE FORD
Total Vendor Amount
1,084.54
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 1,084.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 259977C 2021 FORD BATTERY REPLACED 08/16/2024 08/16/2024 0.00 248.03 260327 FORD F-350 REMOVED GRILL REPLACE HORN ASSEMBLY 07/25/2024 07/25/2024 0.00 836.51 1025
Vendor Number

KAISER PERMANENTE
Total Vendor Amount
26,954.09
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 26,954.09
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUIK 690201404 SEPTEMBER 2024 BUIK 690201404 SEPTEMBER 2024 08/01/2024 08/01/2024 0.00 26,954.09 1086
Vendor Number

KERN COUNTY CLERK
Total Vendor Amount

50.00 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FILING FOR 533 BEAR MOUNTAIN FILING FOR 533 BEAR MOUNTAIN 08/22/2024 08/22/2024 0.00 50.00

KERN MEDICAL CENTER KERN COUNTY HOSPITAL AUTHORITY
Total Vendor Amount

98.60 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 98.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8000000801 VENIPUNCTURE COLLECTION 08/05/2024 08/05/2024 0.00 98.60 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
10,554.13
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 10,554.13
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14002878 UNIT 110 POWER STEERING LEAK 07/11/2024 07/11/2024 0.00 2,027.14 14003234 UNIT 211 REPAIR ELECTRICAL WIRING ISSUES 07/09/2024 07/09/2024 0.00 1,447.32 14003242 UNIT 110 REPAIR LIFT GATE 07/09/2024 07/09/2024 0.00 520.00 14003496 UNIT 110 REPAIR COOLANT LEAK ON RESERVOIR 07/09/2024 07/09/2024 0.00 471.21 14003523 UNIT 207-EV REPLACED MAIN GROUND CONTACTOR 07/09/2024 07/09/2024 0.00 780.00 14003524 UNIT 207-EV REPLACE VOLTAGE BATTERIES 07/09/2024 07/09/2024 0.00 1,763.98 14003550 UNIT 211 REPLACE REAR BRAKES 07/09/2024 07/09/2024 0.00 642.07 14003551 205-EV 45 DAY INSPECTION 07/09/2024 07/09/2024 0.00 325.00 14003552 UNIT 203-EV 45 DAY INSPECTION 07/09/2024 07/09/2024 0.00 325.00 14003553 UNIT 211 45 DAY INSPECTION 07/09/2024 07/09/2024 0.00 325.00 14003554 UNIT 110 45 DAY INSPECTION 07/09/2024 07/09/2024 0.00 325.00 14003555 UNIT 207-EV 45 DAY INSPECTION 07/09/2024 07/09/2024 0.00 325.00 14003565 UNIT 777 PM SERVICE 07/09/2024 07/09/2024 0.00 503.39 14003568 UNIT 999 REPLACE WIPE BLADES 07/09/2024 07/09/2024 0.00 202.83 14003581 UNIT 203-EV REPLACE LIGHT BULB & CARBIN AIR FILTER 07/09/2024 07/09/2024 0.00 571.19 1425
Vendor Number

NEXTALK INC
Total Vendor Amount

15.00 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 15.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 11599 INTERPRETING USAGE JULY 2024 07/31/2024 07/31/2024 0.00 15.00 1108
Vendor Number
PG & E
Total Vendor Amount
35,217.32
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 35,217.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ELEC SVC 07.12.24-08.11.24 ELEC SVC 07.12.24-08.11.24 08/12/2024 08/12/2024 0.00 35,217.32 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
9,315.04
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 9,315.04
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 124235 KOVACEVICH PARK CONSTRUCTION 07/30/2024 07/30/2024 0.00 7,959.04 124355 ON CALL PROF. SERVICES 07.01.24-07.20.24 08/01/2024 08/01/2024 0.00 387.00 134353 ON CALL LAND SURVEYING 07.01.24-07.20.24 08/01/2024 08/01/2024 0.00 969.00 1122
Vendor Number

SIRCHIE
Total Vendor Amount
904.34
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 904.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0656533-IN SIRCHMARK TAPE/ CRIME ACCID 07/30/2024 07/30/2024 0.00 640.84 0658752-IN PRINTMATIC CERAMIC 08/14/2024 08/14/2024 0.00 263.50

SITEONE LANDSCAPE SUPPLY LLC
Total Vendor Amount
417.60
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 417.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 144414377-001 COMM. CENTER REPLACE VALVE 07/30/2024 07/30/2024 0.00 417.60 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
291.37
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 291.37
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901080124 SERVICE 08.01.24- 08.31.24 08/01/2024 08/01/2024 0.00 291.37 1774
Vendor Number
STOCKBRIDGE GENERAL CONTRACTING INC.

Total Vendor Amount
181,758.75
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 181,758.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 001 KOVACEVICH PARK IMPROVEMENTS 08/07/2024 08/07/2024 0.00 181,758.75 1195
Vendor Number

TRAFFIC MANAGEMENT INC
Total Vendor Amount
1,437.64
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 1,437.64
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 06-109274 STREET SIGN HAVEN DR 08/02/2024 08/02/2024 0.00 292.28 06-109289 MATERIAL FOR STREET SIGNS 08/05/2024 08/05/2024 0.00 610.66 06-109290 PPE FOR STAFF 08/05/2024 08/05/2024 0.00 88.41 06-109336 MATERIAL AND TOOLS FOR STREET STRIPPING 08/06/2024 08/06/2024 0.00 446.29 1700
Vendor Number

UNITED RENTALS INC
Total Vendor Amount
5,108.65
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 5,108.65
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 234855460-004 MOTORGRADER FOR REPAIRS ARVIN FARMS 08/21/2024 08/21/2024 0.00 5,108.65 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
154,863.86
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 154,863.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 90000168081 O & M SERVICES WASTEWATER JULY 2024 08/01/2024 08/01/2024 0.00 154,863.86 1555
Vendor Number

WEX BANK
Total Vendor Amount
15,347.92
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 08/29/2024 15,347.92
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 99152966 FUEL USAGE FOR AUGUST 2024 08/25/2024 08/25/2024 0.00 15,347.92

3.A.1
Attachment: Demand Register(s) of August 23, 2024 - September 05, 2024 (Demand Register(s) of August 23, 2024 - September 05, 2024.) Payment Register APPKT00778 - FOR AP 8/29/2024
8/29/2024 4:10:16 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 71 35 0.00 541,444.28
Packet Totals: 71 35 0.00 541,444.28

3.A.1
Attachment: Demand Register(s) of August 23, 2024 - September 05, 2024 (Demand Register(s) of August 23, 2024 - September 05, 2024.) Payment Register APPKT00778 - FOR AP 8/29/2024
8/29/2024 4:10:16 PM Page 7 of 7
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -541,444.28
Packet Totals: -541,444.28

3.A.1
Attachment: Demand Register(s) of August 23, 2024 - September 05, 2024 (Demand Register(s) of August 23, 2024 - September 05, 2024.) 9/4/2024 3:02:57 PM Page 1 of 6
Payment Register
City of Arvin APPKT00781 - FOR AP 9/4/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1207
Vendor Number

ACC BUSINESS
Total Vendor Amount
962.26
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 962.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 242247374 INTERNET ACC 07.11.24-08.10.24 08/27/2024 08/27/2024 0.00 962.26 1285
Vendor Number

ALMA FERNANDEZ
Total Vendor Amount
860.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 860.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PER DIEM FOR TRAINING SEP 16-27 PER DIEM FOR TRAINING SEP 16-27, 2024 07/31/2024 07/31/2024 0.00 860.00 1150
Vendor Number
AT&T
Total Vendor Amount
724.03
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 724.03
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000022082229 9391059040 SERVICE 07.01.24- 07.31.24 08/01/2024 08/01/2024 0.00 724.03 1775
Vendor Number

BRENDA NAVARRO
Total Vendor Amount
540.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 540.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $540 REIMBURSEMENT OF $540 08/27/2024 08/27/2024 0.00 540.00 1756
Vendor Number
CALIFORNIA STAFFING SOLUTIONS INC.

Total Vendor Amount
4,075.50
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 4,075.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3894 PW TEMP 08.05.24-08.11.24 08/19/2024 08/19/2024 0.00 4,075.50 1232
Vendor Number
dba ACTION LOCKSMITH
Total Vendor Amount
574.95
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 574.95
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5207 REKEY TO MASTER / KEYS 08/07/2024 08/07/2024 0.00 574.95 1417
Vendor Number
dba ARVIN AUTO
Total Vendor Amount
1,280.40
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 1,280.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8885 UNIT 403 ENGINE/ TRANSMISSION MOUNT REPLACED 08/20/2024 08/20/2024 0.00 411.23 8893 UNIT 283 POWER SEAT MOTOR REPLACED 08/22/2024 08/22/2024 0.00 869.17

3.A.1
Attachment: Demand Register(s) of August 23, 2024 - September 05, 2024 (Demand Register(s) of August 23, 2024 - September 05, 2024.) Payment Register APPKT00781 - FOR AP 9/4/2024
9/4/2024 3:02:57 PM Page 2 of 6
1331
Vendor Number
dba CURTIS BLUE LINE
Total Vendor Amount
1,389.68
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 1,389.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV854222 CARRIER POUCHES OFC JONATHAN M. 08/12/2024 08/12/2024 0.00 347.42 INV854225 CARRIER POUCHES FOR OFC ARMANDO P. 08/12/2024 08/12/2024 0.00 347.42 INV854232 CARRIER POUCHES FOR OFC BRYAN C. 08/12/2024 08/12/2024 0.00 347.42 INV854253 CARRIER POUCHES OFC EDWIN J. 08/12/2024 08/12/2024 0.00 347.42 1690
Vendor Number
dba PHOENIX MOTORCARS
Total Vendor Amount

33.74 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 33.74
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PS-INV104746 FITTING , SPRING CLAMP 08/09/2024 08/09/2024 0.00 33.74 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
450.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0303 ARVIN PD FLEET WASH 08.28.24 08/28/2024 08/28/2024 0.00 450.00 1074
Vendor Number

GRAINGER
Total Vendor Amount
542.61
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 542.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9213909519 NONSPIKE FLARES 09/04/2024 09/04/2024 0.00 542.61 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
2,699.04
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 2,699.04
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 476444 FUEL FOR ARVIN FARM REPAIRS 08/12/2024 08/12/2024 0.00 2,699.04 1403
Vendor Number

GRIFFIN GRAPHICS INC
Total Vendor Amount

79.52 Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 79.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 11995 COA EMPLOYEE SHIRTS 08/27/2024 08/27/2024 0.00 79.52 1019
Vendor Number

GUARDIAN
Total Vendor Amount
7,611.93
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 7,611.93
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 SEPTEMBER 2024 BUNDLE INSURANCE SEPTEMBER 2024 08/21/2024 08/21/2024 0.00 7,611.93 1164
Vendor Number

KERN MACHINERY
Total Vendor Amount
181.84
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 181.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101-1176785 PPE FOR STAFF 08/08/2024 08/08/2024 0.00 181.84

KERN PRINT SERVICES
Total Vendor Amount
584.61
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 584.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 52984 JUVENILE REFERRAL 08/07/2024 08/07/2024 0.00 584.61 1713
Vendor Number
MARGOTH A. ALVARENGA
Total Vendor Amount
320.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 320.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2 CITY COUNCIL MEETING 8/27/24 09/02/2024 09/02/2024 0.00 320.00 1199
Vendor Number

MUNISERVICES / AVENU
Total Vendor Amount
8,558.61
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 8,558.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV06-018890 CANNABIS AUDIT OCT 2023 - MAY 2024 06/05/2024 06/05/2024 0.00 8,558.61 1108
Vendor Number
PG & E
Total Vendor Amount
4,430.74
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 4,430.74
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9307046200-2 07.23.24-08.21.24 9307046200-2 07.23.24-08.21.24 08/23/2024 08/23/2024 0.00 4,430.74 1730
Vendor Number

RHOMBUS ENERGY SOLUTIONS INC
Total Vendor Amount
1,850.00
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 1,850.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001349 INSPECTION OF 1 60 KW WARRANTY 09/04/2024 09/04/2024 0.00 1,850.00 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63991956 WEEK ENDING 08.23.24 JAZMIN C. 08/26/2024 08/26/2024 0.00 1,293.60 1200
Vendor Number

SELF HELP ENTERPRISES
Total Vendor Amount
2,628.05
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 2,141.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount JULY 2024 22-CDBG-HA JULY 2024 08/23/2024 08/23/2024 0.00 2,141.46 Check 09/04/2024 486.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount JULY -2024 22-CDBG-NH JULY 2024 08/22/2024 08/22/2024 0.00 486.59 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
113.75
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 113.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 07.23.24-08.22.24 SERVICES 07.23.24-08.22.24 08/26/2024 08/26/2024 0.00 113.75

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
23,575.07
Vendor DBA
Payment Type Payment Number Payment Date Payment Amount Check 09/04/2024 23,575.07
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000172283 PASS THROUGH WASTEWATER TREATMENT JULY 2024 08/23/2024 08/23/2024 0.00 23,575.07

3.A.1
Attachment: Demand Register(s) of August 23, 2024 - September 05, 2024 (Demand Register(s) of August 23, 2024 - September 05, 2024.) Payment Register APPKT00781 - FOR AP 9/4/2024
9/4/2024 3:02:57 PM Page 5 of 6
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 29 25 0.00 65,359.93
Packet Totals: 29 25 0.00 65,359.93

3.A.1
Attachment: Demand Register(s) of August 23, 2024 - September 05, 2024 (Demand Register(s) of August 23, 2024 - September 05, 2024.)

3.B.1
Attachment: Payroll Register(s) of August 30, 2024 (Approval of Payroll Register(s) of August 30, 2024)

3.C.1
Attachment: Ltr from CapK re 2024 Hunger Action Month Proclamation Sept 2024_Redacted (Proclamation Proclaiming September 2024 as

PROCLAMATION
2024 Hunger Action Month
WHEREAS, hunger and poverty are issues of vital concern in Kern County where in 2022 15.9% of people face hunger in Kern County and 22.1% of children do not know where their next meal will come from; and
WHEREAS, everyone needs nutritious food to thrive, and in every community in America, people are working hard to provide for themselves and their families – yet in 2022, 44 million people – 1 in 7 – including more than 13 million children – 1 in 5 – faced food insecurity in the U.S. That includes more than 144,000 residents in Kern County; and WHEREAS, the Wonderful Community Food Center at the CAPK Food Bank is committed to working alongside various partners and organizations to fight these food insecurity numbers in Kern County; and
WHEREAS, the Wonderful Community Food Center at the CAPK Food Bank has over 200,000 interactions with community members a month; and
WHEREAS, the Wonderful Community Food Center at the CAPK Food Bank distributed over 20 million pounds of food through more than 200 pantry and commodity locations throughout Kern County; and
WHEREAS, the month of September has been designated “Hunger Action Month” in order to bring attention to food insecurity in our communities and to enlist the public in the movement to end hunger by talking action – including volunteering, social media campaigns, donations and the Annual Feed the Need Food Drive at the Kern County Fair on September 24, 2024 – to ensure the community, and everybody in it, has the food they need to thrive.

WHEREAS, food banks across the county, including the CAPK Food Bank will host numerous events throughout the month of September to bring awareness and help end hunger in Kern County;
NOW, THEREFORE, We, the City Council of the City of Arvin, do hereby recognize September 2024, as HUNGER ACTION MONTH, Kern County, and we call this observance to the attention of our citizens.

In Witness Whereof, I have hereunto set my hand and caused to be affixed the seal of the City of Arvin, California, this 10th day of September 2024.
_________________________________
Daniel Borreli, Mayor
City of Arvin

3.C.2
Attachment: 2024 Hunger Action Month Proclamation_091024 (Proclamation Proclaiming September 2024 as Hunger Action Month.) Staff Report September 10, 2024 – Final Parcel Map 12556 – Apex Development Page 1 of 2

CITY OF ARVIN
Staff Report
Meeting Date: September 10, 2024
TO: Arvin City Council
FROM: Sam Lux, Interim City Engineer
Jeffrey Jones, City Manager/Finance Director
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Approving Final Parcel Map 12556 and Deferred Off-Site Improvement Agreement with Apex Development and Investment Company.

RECOMMENDATION:

Staff recommends that the City Council approve final parcel map 12556, approve the Deferred Off-Site Improvement Agreement between the City of Arvin and Apex Development and Investment Company.

BACKGROUND:

The City Staff has been working with the Apex Development representative since 2023 in the facilitation of a self-storage development at the northwest corner of Commanche Drive and El Camino Real. To accomplish the development, a Tentative Parcel Map was approved by City Staff. As authorized by Titel 16 Subdivision, Section 16.04.050, the City Planner in consultation with the City Engineer conditionally approved Tentative Parcel Map No. 2024-02. Staff on January 23, 2024, the City Planner conducted a hearing and at the conclusion of the hearing, adopted Resolution No. 2024-2505SSCD-TPM 2023-02, Attachment 1, As a condition of approval, a deferral of off-site improvements was required. The applicant signed the deferment agreement. In accordance with the deferred agreement, the improvements are to be completed prior to the issuance of a certificate of occupancy by the Building Official – Attachment 2. The Developer has since provided the City Engineer and City Surveyor the final map and has signed the Off-Site Deferment Agreement.

The developer has coordinated the processing of the final map with the City Engineer and is presented to the City Council for review and approval. Section 16.28.080 Filing for Council Approval, provides for the City Engineer to check the final map, ensure that all certificates are shown on the map and have been signed, the City Engineer shall file the final map with the City Clerk for City Council approval. Once the City Council approves the final map, the City Clerk will coordinate the filing of the map with the Kern County Office of the Clerk of the Board.

3.D.1
Attachment: 1-Staff Report Final Parcel Map 12556 - Apex Development_091024 (Apex Development - Final Parcel Map 12556 & Deferred Off- Staff Report September 10, 2024 – Final Parcel Map 12556 – Apex Development Page 2 of 2 ENVIRONMENTAL CONSIDERATIONS:

This project was previously environmentally assessed pursuant to the California Environmental Quality Act (CEQA), and the City adopted a finding this project is subject to exemptions under CEQA Guidelines Sections 15061(b)(3). No further assessment is required.

ATTACHMENTS:

1. Draft Final Map 12556 (digital copy – City Clerk has possession of hard copy to be filed with the County).

2. Resolution No. 2024-2505SSCD-TPM 2023-02 – Approving Tentative Parcel Map.

3. Attachment 1 - 2024 Jan 23 CDD Reso No. 2024-2505SCD - TPM 2023-02.

4. Attachment 2 - Deferred Off-Site Improvement Agreement.

3.D.1
Attachment: 1-Staff Report Final Parcel Map 12556 - Apex Development_091024 (Apex Development - Final Parcel Map 12556 & Deferred Off- Reso Approving Final Parcel Map 12556 & Deferred Street Improvement Agmt with APEX Development.

Page 1 of 2 ends

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
APPROVING FINAL PARCEL MAP 12556 AND DEFERRED OFF-SITE

IMROVEMENT AGREEMENT WITH APEX DEVELOPMENT AND

INVESTMENT COMPANY
WHEREAS, Apex Development and Investment Company is proposing the development of a self-storage facility at the NW Corner of South Comanche and El Camino Real; and WHEREAS, proposed Tentative Parcel Map which subdivides APN 189-340-50 a 13.68 Acre site by creating Parcel A 4.46 Acres and Remainder 9.23 Acres; and WHEREAS, it is necessary for a Parcel Map to be created, approved by the City Council, and recorded with the county creating a 4.46 Acre parcel to accommodate the proposed development; and
WHEREAS, As authorized by Titel 16 Subdivision, Section 16.04.050, the City Planner in consultation with the City Engineer is authorized to either approve, conditionally approve, or disapprove a tentative parcel map; and
WHEREAS, the City Planner on January 23, 2024, conducted a hearing and at the conclusion of the hearing, adopted Resolution No. 2024-2505SSCD-TPM 2023-02 conditionally approving the tentative map; and
WHEREAS, the City Planner previously adopted an exemption resolution pursuant to the California Environmental Quality Act (CEQA) along with the approval of tentative Parcel Map No. 12556. As such, no further assessment is required; and WHEREAS, said map has been reviewed and is recommended for approval by the City Surveyor and City Engineer, and the Deferred Off-Site Improvement Agreement has been signed by developer; and
WHEREAS, the applicant signed the deferment agreement and in accordance with the deferred agreement, the improvements are to be completed prior to the issuance of a certificate of occupancy by the Building Official; and
WHEREAS, the City Council now desires to approve the final map and the Off-Site Deferred Improvement Agreement.

NOW, THEREFORE, the City Council of the City of Arvin does ordain as follows:

Section 1. The City Council determines that this project has already been environmentally assessed pursuant to the California Environmental Quality Act (CEQA) along with the approval of tentative Parcel Map No. 12556, and no further assessment is required.

Section 2. Final Parcel Map 12556 is approved, and the City Clerk is directed to collect

3.D.2
Attachment: 2-Reso Approving Final Parcel Map 12556 - Apex Development_091024 (Apex Development - Final Parcel Map 12556 & Deferred Reso Approving Final Parcel Map 12556 & Deferred Street Improvement Agmt with APEX Development.

Page 2 of 2 ends

any necessary signatures on said map, and to submit to the County Recorder for recordation.

Section 3. The proposed Deferred Off-Site Improvement Agreement is approved and all in accordance with the agreement, all off-site improvements are to be completed prior to the issuance of a Certificate of Occupancy.

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 10 th day of September
2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

DANIEL BORRELI, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
Attachments: Exhibit – Draft Final Parcel Map 12556 – Apex Development Resolution No. 2024-2505SSCD-TPM 2023-02 – Approving Tentative Parcel Map.

Attachment 1 - 2024 Jan 23 CDD Reso No. 2024-2505SCD - TPM 2023-02 Attachment 2 - Deferred Off-Site Improvement Agreement
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

3.D.2
Attachment: 2-Reso Approving Final Parcel Map 12556 - Apex Development_091024 (Apex Development - Final Parcel Map 12556 & Deferred RECORDER'S STATEMENT DOCUMENT NO. ________________________________ FILED THIS _______ DAY OF ________________, 20___, AT ______, ___.M.

IN BOOK ______, OF PARCEL MAPS, AT PAGE(S) ___________________________, AT THE REQUEST OF___________________._____ LAURA AVILA BY: _____________________________________ KERN COUNTY ASSESSOR - RECORDER (DEPUTY) OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF AND HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE PARCEL MAP BOUNDARY SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID REAL PROPERTY, AND THAT WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. GURMIT S. KOONER AND BALJEET KOONER, HUSBAND AND WIFE AS JOINT TENANTS ________________________________ ________________________________ GURMIT S. KOONER BALJEET KOONER SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF GURMIT S. KOONER AND BALJEET KOONER, ON DECEMBER 11, 2023. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. _________________________________ _________________ NEIL E. THONESEN, PLS 8656 DATE CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF SUBDIVISION ORDINANCES OF THE CITY OF ARVIN APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT SECTION 66442(a)(1), (2) AND (3) HAVE BEEN COMPLIED WITH. ________________________________ __________________ OSCAR FUENTES, R.C.E. 89727 DATE CITY ENGINEER, CITY OF ARVIN CITY PLANNER'S STATEMENT THE CITY ENGINEER OF THE CITY OF ARVIN CONDITIONALLY APPROVED THE TENTATIVE MAP ON JANUARY 23, 2024, CDD RESOLUTION NO. 2024-2505SCD - TPM 2023-02, AND THE SUBDIVISION AS SHOWN ON THIS MAP IS THE SAME AS IT APPEARS ON THE TENTATIVE MAP AND IN ACCORDANCE WITH CITY ENGINEER. BY: ______________________________________________ ____________________ CHRIS SORIANO, CITY PLANNER DATE CITY OF ARVIN BEING A SUBDIVISION OF PARCEL 11 OF PARCEL MAP 9871, IN THE CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED SEPTEMBER 17, 1993 IN BOOK 45, PAGE 138 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SITUATED IN SECTION 34, TOWNSHIP 31 SOUTH, RANGE 29 EAST, M.D.B.&M. PARCEL MAP NO. 12556 IN THE CITY OF ARVIN COUNTY OF KERN, STATE OF CALIFORNIA CITY CLERK'S STATEMENT I, CECILIA VELA, CITY CLERK OF THE CITY COUNCIL OF THE CITY OF ARVIN, STATE OF CALIFORNIA, DO HEREBY CERTIFY THAT THE HEREIN EMBODIED MAP ENTITLED, "PARCEL MAP 12556, CITY OF ARVIN, KERN COUNTY, CALIFORNIA", WAS PRESENTED TO THE CITY COUNCIL OF THE CITY OF ARVIN AT A REGULAR MEETING THEREOF HELD ON _________ DAY OF _____________, 2024 AND THAT SAID COUNCIL THERE UPON, BY RESOLUTION NUMBER ________________, CONDITIONALLY APPROVED SAID MAP. IN WITNESS HEREOF, I HAVE HEREINTO, SET MY HAND THIS ____ DAY OF _________________, __________ ____________________________________ CECILIA VELA CITY CLERK AND CLERK OF THE COUNCIL OF THE CITY OF ARVIN, STATE OF CALIFORNIA CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. ______________________________ _________________ KRISTIE ACHEE, P.L.S. 8189 DATE CITY SURVEYOR, CITY OF ARVIN SHEET 1 OF 2 SHEETS JOB NO. 23076 NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF _____________________ COUNTY OF ____________________ ON ________________________________________ BEFORE ME, __________________________, NOTARY PUBLIC, PERSONALLY APPEARED _____________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE ________________________________ NAME ________________________________ COUNTY OF ________________________________ MY COMMISSION EXPIRES ______________ COMMISSION NUMBER ______________________ NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF _____________________ COUNTY OF ____________________ ON ________________________________________ BEFORE ME, __________________________, NOTARY PUBLIC, PERSONALLY APPEARED _____________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE ________________________________ NAME ________________________________ COUNTY OF ________________________________ MY COMMISSION EXPIRES ______________ COMMISSION NUMBER ______________________ VICINITY MAP NOT TO SCALE SITE SYCAMORE ROAD

SOUTH COMANCHE
DRIVE
WALNUT
DRIVE
NORTH RANCHO DRIVE EL CAMINO REAL CORONADO AVENUE MIRANDA PLACE 3.D.3 Attachment: 3-Exhibit - Draft Final Parcel Map - 12556_Redacted (Apex Development - Final Parcel Map 12556 & Deferred Off-Site Improvement Agmt) 1 2
1 3
3 2 N89°53'56"W 2696.27' (M&R1)
449.21' (R2)
1327.13' (R2)
N00°21'29"E 1326.98' (M&R1)
S00°20'43"W 1327.23' (M&R1)
S89°55'50"E 449.09' (M&R1)
1326.90' (R2) PARCEL A GROSS ACRES: 4.46 NET ACRES: 3.50 REMAINDER GROSS ACRES: 9.23 NET ACRES: 8.10 449.39' (R2)

SOUTH COMANCHE DRIVE
TRACT MAP NO. 5816 PHASE 9 BOOK 56, PAGES 171-176, K.C.R. CORONADO AVENUE MIRANDA PLACE EL CAMINO REAL 15' 30' 25'
45'
30' 55' 449.38' (M&R1)
℄
S00°20'43"W 1262.28'
S00°20'43"W 1327.23' (M&R1)
394.09' (M&R1)
Δ=89°45'20" (M&R1)
R=20.00' (M&R1)
L=31.33' (M&R1)
N89°53'56"W 374.46' (M&R1)
893.98'
433.00'
366.34'
431.01'
895.94'
896.22' N89°38'43"W 449.28' 394.28'
388.00'
2246.89' (M&R1) 2246.92' (R2)
2696.31' (R2)
15'

BASIS OF BEARINGS
FOUND 2.5" BRASS CAP MONUMENT IN WELL,
ACCEPTED AS NORTHEAST CORNER OF SECTION 34,
TOWNSHIP 31 SOUTH, RANGE 29 EAST, M.D.B.&M.

PER (TRACT NO. 5816, PHASE 12, BOOK 58, PAGE 22, K.C.R.) FOUND 1/2" REBAR, CAP DESTROYED, DOWN 31", IN LIEU
OF K.C.S. CONCRETE MONUMENT WITH BRASS PLATE, ACCEPTED AS THE EAST QUARTER CORNER OF SECTION 34, TOWNSHIP 31 SOUTH, RANGE 29 EAST, M.D.B.&M.

PER (R1)
FOUND 2" BRASS CAP MONUMENT, IN WELL, DOWN 9",
ACCEPTED AS CENTER OF SECTION 34, TOWNSHIP 31
SOUTH, RANGE 29 EAST, M.D.B.&M.

PER (R1)
FOUND 3/8" REBAR, CAP ILLEGIBLE,FLUSH, IN LIEU OF COTTON SPINDLEPER (R1) FOUND 3/4" IRON PIPE WITH PLASTIC CAP,
STAMPED "THONESEN PLS 8656", DOWN 4"
PER (R1)
FOUND 3/4" IRON PIPE WITH PLASTIC CAP,
STAMPED "THONESEN PLS 8656", DOWN 4"
PER (R1) FOUND 3/8" REBAR, CAP ILLEGIBLE, DOWN
3" BENT SOUTHWEST, IN LIEU OF 2" IRON PIPE TAGGED "LS 3779" PER (R1) FOUND 2" IRON PIPE,
NO CAP, DOWN 18"
PER (R1)
FOUND 2" IRON PIPE,
NO CAP, DOWN 15"
PER (R1)
BEING A SUBDIVISION OF PARCEL 11 OF PARCEL MAP 9871, IN THE CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED SEPTEMBER 17, 1993 IN BOOK 45, PAGE 138 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SITUATED IN SECTION 34, TOWNSHIP 31 SOUTH, RANGE 29 EAST, M.D.B.&M. SHEET 2 OF 2 SHEETS JOB NO. 23076 PARCEL 10 OF PM 9871 PARCEL 9 OF PM 9871 PARCEL 12 OF PM 9871 PARCEL MAP NO. 9871 BK 45, PG 138, O.R.K.C.PARCEL MAP NO. 9871 BK 45, PG 138, O.R.K.C. THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 31 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND MERIDIAN, ESTABLISHED BY RECORD OF SURVEY 4190, FILED IN BOOK 35 OF RECORD OF SURVEYS, AT PAGE 37, KERN COUNTY RECORDS. TAKEN TO BEAR: SOUTH 00°20'43" WEST BASIS OF BEARING 1 30' WIDE PUBLIC ACCESS EASEMENT PER BOOK 6855, PAGE 1431, OFFICIAL RECORDS OF KERN COUNTY. 2 VARIABLE-WIDTH IRREVOCABLE OFFER OF DEDICATION, RECORDED JUNE 1, 1993, PER BOOK 6855, PAGE 1431, OFFICIAL RECORDS OF KERN COUNTY. 3 15' SEWER EASEMENT RECORDED OCTOBER 10, 1984, PER BOOK 5701, PAGE 287, OFFICIAL RECORDS OF KERN COUNTY EASEMENTS AFFECTING PROPERTY PARCEL MAP NO. 12556 IN THE CITY OF ARVIN COUNTY OF KERN, STATE OF CALIFORNIA FOUND AND ACCEPTED MONUMENT AS NOTED SET MONUMENT AS NOTED HEREON (M) MEASURED (R1) RECORD AND CALCULATED DIMENSIONS PER RECORD OF SURVEY 4190, FILED IN BOOK 35 OF RECORD OF SURVEYS, AT PAGE 37, KERN COUNTY RECORDS. (R2) RECORD AND CALCULATED DIMENSIONS PER PARCEL MAP NO. 9871, FILED IN BOOK 45 OF PARCEL MAPS, AT PAGE 138, KERN COUNTY RECORDS. K.C.R. KERN COUNTY RECORDS O.R.K.C. OFFICIAL RECORDS OF KERN COUNTY SECTION LINE PARCEL MAP BOUNDARY LINE ADJACENT PARCEL LINE EASEMENT LINE CENTERLINE LEGEND SET 3/4" IRON PIPE WITH PLASTIC CAP, STAMPED "THONESEN PLS 8656", DOWN 4"
SET 3/4" IRON PIPE WITH PLASTIC CAP,
STAMPED "THONESEN PLS 8656", DOWN 4" Feet 0 100 200 SCALE: 1" = 100' SYCAMORE ROAD 3.D.3 Attachment: 3-Exhibit - Draft Final Parcel Map - 12556_Redacted (Apex Development - Final Parcel Map 12556 & Deferred Off-Site Improvement Agmt)

3.D.4
Attachment: 4-Att 1 - 2024 Jan 23 CDD Reso No. 2024-2505SCD - TPM 2023-02_Redacted (Apex Development - Final Parcel Map 12556 &

3.D.4
Attachment: 4-Att 1 - 2024 Jan 23 CDD Reso No. 2024-2505SCD - TPM 2023-02_Redacted (Apex Development - Final Parcel Map 12556 & Conditions of Approval - TPM 2013-02 - January 23, 2024 Page 1 of 4 Conditions of Approval
Tentative Parcel Map 2023-02
Randel Mathias – Apex Development & Investment Company
5588 N. Palm Avenue, Fresno, CA 93704
Tentative Parcel Map 2023-02: The tentative parcel map proposes to subdivide the property by creating one parcel and one remainder: APN 189-340-50 a 13.68 Acre site by the division of the parcel by creating Parcel A 4.46 Acres and Remainder 9,23 Acres. The access to Parcel 1 is from either El Camino Real or South Comanche Drive. The Remainder Parcel has access from South Comanche Drive.

COMMUNITY DEVELOPMENT DEPARTMENT

GENERAL (G)
G-1 All exhibits and references identified in the following conditions and the resolution approving this project are conditions of approval unless otherwise waived. Therefore, all requirements, conditions, mitigation measures, standards, policies are to be implemented by the project applicant and successors in interest unless specifically waived by the City of Arvin.

G-2 There may also be conditions that are incorporated in the project approval that are not specific and are subject to interpretation, review and approval or conditional. approval by City staff that are not established by City ordinance, resolution, policy, etc. Those conditions give authority to City Staff to use their judgment in the final resolution of the issue identified. City Staff identified in the condition shall interpret the compliance of those condition(s) at their discretion. This may create costs to the project that are not otherwise clearly identified.

G-3 The projects are subject to the CEQA review process, the project is Categorically Exempt per Section 15305-Minor Alterations in Land Use Limitations. A Notice of Exemption is on file at the Community Development Department, 141 Plumtree Drive, Arvin, CA and may be viewed during normal business hours.

G-4 The applicant shall file an application and payment of fees for addressing Parcel 1.

Addressing application may be obtained from the Planning Division.

G-5 Contractors and subcontractors shall obtain a business license from the City of Arvin priortobeginninganywork.

G-6 Right of Way improvements shall be completed prior to a certificate of occupancy being issued by the Building Official. (No on-site or off-site improvements are required associated with TPM 2023-02).

G-7 Right of Way improvements shall be completed prior to the certificate of occupancy being issued by the Building Official or bonding for said improvements per Title 16 Subdivision for the Remainder Parcel. (No on-site or off-site improvements are required associated with TPM 2023-02).

G-9 Developer shall execute the Deferred Off-Site Improvement Agreement prior to the recording of parcel map.

PUBLIC WORKS – CITY ENGINEER:

PW-CE-1 The owner(s)/applicant(s)/subdivider(s), (hereinafter referred to as subdivider), at their sole cost and expenses, shall defend, indemnify and hold harmless the City of Arvin ), (hereinafter referred to as “City”), its agent, legislative body, officers, and employees in any legal or administrative action, claim or proceeding concerning approval of Tentative Parcel Map 2023-02 or, at its election and in the alternative, shall relinquish such approval.

Subdivider shall assume the defense of City in such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by subdivider, but subject to the City’s reasonable approvals. Subdivider shall also reimburse the city, its agents, legislative body, officers and employees for any judgements, amounts paid in settlements, court costs and attorneys’ fees, which the City, its agents, legislative body, officers, and employees may be required to pay at court as result of such action, claim, or proceeding. The city may, at its sole discretion, participate at its own expenses in the defense of any such action, claim or proceeding, but such participation shall not relieve Subdivider of their obligation under this condition.

PW-CE-2 The Tentative Parcel Map to be recorded, within twenty-four (24) months from the date of approval by the City Planner. Should an extension be requested, the Subdivider, not less than sixty (60) days prior to the expiration date shall submit to the city in writing a request for an extension of that approval in accordance with the provision of City Code.

PW-CE-3 All offers of dedication by Parcel Map 9871 per map recorded September 17, 1993 in Book 45, Page 138 of Maps in the office the County Recorder of Kern County remain in effect.

PW-CE-4 Subdivider shall comply with all provisions of the City’s Zoning Ordinance, Subdivision & Engineering Design Manual, the latest adopted California Building Code, Mechanical Code, Plumbing Code, National Electrical Code, Fire Code, and all other applicable codes, ordinances, regulations, and development standards in effect at the time of issuance of relative permits, as appropriate. Identification of specific sections of any of the City Documents does not negate the subdivider’s responsibility to conform to unmentioned sections of the City’s zoning ordinance, Subdivision & Engineering Design Manual, California Building Code, and all other applicable ordinances, resolutions, standards, and requirements of the City.

PW-CE-5 Final Parcel Map shall be prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying and shall be based on a field survey. The Final Parcel Map shall be in substantial conformance to approved TPM. All fees as established

PW-CE-6 Provide a Parcel Map Title Guarantee dated within 30 days of recordation.

Provide Tax Clearance within 30 days of recordation. Monuments shall be installed by a licensed land surveyor or registered civil engineer authorized to practice land surveying.

PW-CE-7 All plans and specifications for future work required on the public right of way shall be prepared by a Registered Civil Engineer licensed in the state of California (Engineer of Record) and to the satisfaction of the City Engineer.

FEE REQUIREMENTS (FR)
FR-1 The applicant shall pay all deposits and fees, to be calculated by City Staff, at the time of the submittal of the Parcel Map for plan check, clearance of conditions, and recording of the Parcel Map with the Kern County Recorder.

FR-2 The applicant shall pay fees associated with the processing of and conditionally approving the tentative map in the amount of $7,548.27 on or before February 6, 2024. Failure to pay the fees on or before February 6, 2024 will result in the default of conditions and may result in the revocation of approval of the tentative parcel map.

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

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

APPEAL OF ACTION BY THE CITY PLANNER’S DECISION:

The applicant may appeal to the City Planner’s action to the Planning Commission. Said appeal and payment of the appeal fee as established by the City Council must occur within ten (10) calendar days of the dated action of the City Planner.

END
Exhibit A – TPM 2023-02

3.D.4
Attachment: 4-Att 1 - 2024 Jan 23 CDD Reso No. 2024-2505SCD - TPM 2023-02_Redacted (Apex

3.D.5
Attachment: 5-Attachment 2 - Deferred Off-Site Improvment Agreement_Redacted (Apex Development - Final Parcel Map 12556 & Deferred Off-

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.A.1
Attachment: Transportation Mgr Staff Report (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.A.2
Attachment: Transportation Manager EA (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

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 3 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 4 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT

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

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 5 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 6 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.”

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 7 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 8 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

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TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

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TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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]

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 11 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 12 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Exhibit “A”
Transportation Manager Job Description

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 13 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Exhibit “B”
Agreement Of Separation, Severance, And
General Release

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 14 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT

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.

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 15 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT

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

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

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TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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;

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 17 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 18 of 22 ends

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.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 19 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT

7.9 No Pending Claims and/or Actions: Employee represents that Employee has not filed any complaints or charges against the City or the City Parties with any local, state or federal agency or court; that Employee will not do so at any time hereafter for any claim arising up to and including the Effective Date of this Agreement; and that if any such agency or court assumes jurisdiction of any such complaint or charge against the City or the City Parties on behalf of Employee, whenever or where ever filed, Employee will request such agency or court to withdraw from the matter forthwith. 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.

7.10 Ownership of Claims: Employee represents and warrants as a material term of this Agreement that Employee has not heretofore assigned, transferred, released, or granted, or purported to assign, transfer, release, or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants and represents that none of the Claims released by Employee thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this Agreement; the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this Agreement, and that it is not violating the terms or conditions of any other Agreement to which they are a party or by which they are bound by entering into this Agreement. The parties represent that they will obtain all necessary approvals to execute this Agreement. It is further represented and agreed that the individuals signing this Agreement on behalf of the respective parties have actual authority to execute this Agreement and, by doing so, bind the party on whose behalf this Agreement has been signed.

7.13 Unemployment: Nothing in this Agreement shall limit Employee’s ability to apply for unemployment benefits.

8. MISCELLANEOUS

8.1 No Admission: Nothing contained herein shall be construed as an admission by the City of any liability of any kind. The City denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2 Governing Law: This Agreement has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 20 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
The Parties agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to this Agreement shall be the Kern County Superior Court and all Parties hereby waive any challenge to personal jurisdiction or venue in that court.

8.3 Full Integration: This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written Agreements and discussions. This Agreement may be amended only by a further Agreement in writing, signed by the parties hereto.

8.4 Continuing Benefit: This Agreement is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5 Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the parties agree that same shall not be construed against any party.

8.6 Severability: In the event that any term, covenant, condition, provision, or Agreement contained in this Agreement is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or Agreement shall in no way affect any other term, covenant, condition, provision or Agreement and the remainder of this Agreement shall still be in full force and effect.

8.7 Titles: The titles included in this Agreement are for reference only and are not part of its terms, nor do they in any way modify the terms of this Agreement.

8.8 Counterparts: This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all parties. Delivery of executed originals of this Agreement, as well as any instrument contemplated in connection with this Agreement, may be affected by facsimile and/or electronic transmission, and in such event, copies of executed originals so delivered may be used in place of, and shall have the same force and effect as, the executed originals.

8.9 Notice: Any and all notices given to any party under this Agreement shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given and/or received on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

City: City of Arvin
City Hall
200 Campus Drive
Arvin, California 93203
Employee: Hesham Elshazly
Address set forth in Employee's Personnel
File.

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 21 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.

Dated: “Employee”
By:

HESHAM ELSHAZLY
Dated: City of Arvin
By:

Name:

Title: MAYOR
APPROVED AS TO FORM:

For City:

By:

Name:

Title: CITY ATTORNEY
For Employee (if represented):

By:

Name:

Title:

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement)

Page 22 of 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
EXHIBIT “1”

EMPLOYMENT AGREEMENT

4.A.2
Attachment: Transportation Manager EA (Approval of Transportation Manager Job Description and Employment Agreement) 1 of 3
(F) = Frequent (O) = Occasional (S) = Seldom
Transportation Manager
City of Arvin
Essential Function Job Description
I. Position Title: Transportation Manager
II. Employment Classification: Exempt
III. Department: Transportation
IV. Responsible to: City Manager
V. Fundamental Objective: Supervises the daily operation of the transit department and drivers, including planning, organizing, directing, coordinating, and reviewing the activities and operations of the department.

VI. Level of Supervision Required: General
VII. Supervisory Responsibilities: Bus Drivers
VIII. Essential Job Duties and Responsibilities:

A. Supervise daily operation of transit department and drivers.

1. Coordinate daily driver schedules.

2. Maintain daily passenger logs and pre-trip inspections.

3. Count fare boxes and make weekly bank deposits.

4. Maintain effective communication between the public and the transportation department.

5. Perform dispatch duties.

6. Ensure in-service hours are met.

7. Provide general safety training to all city employees

8. Acts as safety officer for the city
B. Coordinate and maintain records for driver training.

C. Maintain operational and maintenance records.

D. Schedule maintenance of all transit equipment and vehicles.

E. Prepare Kern COG quarterly report.

F. Prepare quarterly reports for the City Council.

G. Schedule annual CHP inspection, meet with Officer in charge.

H. Communicate with Transportation Department of Fresno.

I. Apply for Federal Communications license for radios.

J. Submit compliance reports to the Air Resource Board.

K. Oversee drug testing for employees and drug testing program for Transit Department.

L. Submit drug testing reports to the California Department of Transportation.

I. Prepares performance reports to the City Manager and City Council

4.A.3
Attachment: Transportation Manager - Current Job Description March 10, 2009 (Approval of Transportation Manager Job Description and 2 of 3
(F) = Frequent (O) = Occasional (S) = Seldom
J. Driving duties:

1. Serves as back-up driver to transport passengers on modified local fixed routes, dial-a-ride, and Lamont.

IX. Marginal Job Duties and Responsibilities:

X. Assists City Manager in such areas as risk management, safety training programs, capital project management, and budgeting.

XI. Minimum Qualifications:

A. Two years college level course work.

B. Two years public sector administrative or management experience.

C. Five years transit related experience.

D. Knowledge of principles and practices related to transit operations.

E. First hand experience in transit operations, including associated data collection, analysis, and reporting.

F. Ability to organize and coordinate bus routes, supervise personnel and communicate effectively with drivers and the general public.

G. Requisite reading, mathematical, written language and verbal skills in order to perform the essential functions of the job as listed in Section VIII.

H. Possess a valid Class B California drivers' license with passenger endorsement and driving record acceptable to the City’s insurance underwriter.

I. Possess a current DMV medical certificate.

J. Possess a current General Public Para-transit Certificate.

XI. Essential Position Requirements:

A. Operate a transit department vehicle.

XII. Marginal Position Requirements - None
XIII. Essential Physical Requirements:

A. Body Position and Movement

1. Sit to drive automobiles and buses, while training vehicle operators, and while performing clerical duties. (F)

2. Stand to communicate with customers and drivers, and while training subordinates. (F)

3. Walk to various office areas, while training drivers, etc. (F)

4. Crouch/stoop/squat to reach fare boxes, seats, and seatbelts. (O)

5. Twist upper body while adjusting mirrors, destination signs and windows and roof hatches on buses. (O)
B. Object Manipulation - None
C. Simultaneous Object Manipulation

1. Operate a telephone while taking messages. (O)

2. Train vehicle operators while driving vehicle. (F)

4.A.3
Attachment: Transportation Manager - Current Job Description March 10, 2009 (Approval of Transportation Manager Job Description and 3 of 3
(F) = Frequent (O) = Occasional (S) = Seldom

3. Drive automobiles. (F)

4. Drive buses. (F)
D. Environmental Demands

1. Work outdoors to communicate with customers and vehicle operators, to check bus routes and time point locations. (O)

2. Work indoors to perform clerical duties, schedule vehicle operators. (F)

3. Exposure to fumes/odors when working near automobiles and buses. Risk involves exposure to gasoline fumes resulting in possible respiratory discomfort.

XIV. Marginal Physical Requirements
A. Object Manipulation - None
B. Simultaneous Object Manipulation – None
C. Environmental Demands - None

4.A.3
Attachment: Transportation Manager - Current Job Description March 10, 2009 (Approval of Transportation Manager Job Description and City of Arvin

TRANSPORTATION MANAGER
DEPARTMENT: FINANCE
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED, MID-MANAGEMENT
GRADE:

JOB SUMMARY
Under general direction, manages, coordinates, and directs staff and activities involved in providing quality transportation services and programming to the citizens of Arvin. Implements programs, maximizes existing resources, and secures additional resources as required.

Communicates orally and in writing to Citizens, Council, and Departments; serves as Safety Officer of the division.

DISTINGUISHING CHARACTERISTICS
The Transportation Manager is a single position with full management responsibility. The incumbent provides direct supervision to employees within the division and assumes substantive and significant programmatic responsibility in the Transportation division. The incumbent exercises discretion and good judgment, communicates with tact and diplomacy, and utilizes leadership skills.

SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Finance Director. Exercises direct supervision over assigned subordinate staff.

EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
• Recommends and implements the City’s Transportation division goals and objectives; establishes performance standards and methods for the development and implementation of the City Transit program and related activities; develops and implements policies and procedures.
• Plans, develops and oversees the work of staff involved in the performance of duties related to the City’s Transportation division; ensures in-service hours are met. • Evaluates operations and activities of the City’s Transportation division program; implements improvements and modifications; prepares various reports on operations and activities.
• Participates in budget preparation and administration; prepares cost estimates for budget recommendations; submits justifications for staff, supplies and equipment. • Participates in the selection, motivation, and evaluation of personnel; provides or coordinates training; recommends discipline procedures. • Develops short and long range objectives that are in concert with operational objectives and regulatory requirements.

4.A.4
Attachment: Transportation Manager - Updated Job Description Aug 27, 2024 (Approval of Transportation Manager Job Description and Transportation Manager

Page 2 of 4 ends

• Coordinates and maintains records related to drivers’ training and the operation and maintenance of vehicles.
• Research and prepare technical and administrative reports and studies for the City Council, other boards, and outside agencies; submits compliance reports to the Air Resource Board; applies for Federal Communications license for radios.
• Schedules annual CHP inspections; meets with Officer in charge. • Oversees drug testing for employees and drug testing program for Transit Department; submits drug testing reports to the California Department of Transportation. • Creates and conducts general safety training to all city employees; acts as Safety officer • May performs the functions of a Transit Driver or Transit Administrative Dispatcher, as required.
• Regular and timely attendance.
• Performs other duties as required.

MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:

Education:

Equivalent to a four (4) year degree from an accredited college or university with major course work in transportation management, public or business administration, or a related field.

Experience:

Three (3) years of direct experience in transit operations, including driving, associated data collection, analysis, and reporting, two (2) of which must have been at the supervisory or management level.

Licenses and Certificates:

Valid California driver’s license and a satisfactory driving record.

Knowledge of:
• Principles and practices of transit planning and management, including route design, bus purchasing, insurance, maintenance, fare structure and staffing requirements. • Trip reduction methodology and transportation system management techniques. • Principles and practice of marketing, community outreach and public information. • Principles and practices of public administration, management, and organizational theories. • Principles and practices of leadership, motivation, team building and conflict resolution. • Principles and practices of research analysis and management. • Budgeting procedures and techniques.
• Principles and practices of work safety.
• Pertinent federal, state and local laws, codes, and regulations. • Principles and practices of effective employee supervision including selection, training, evaluation, and discipline, team building and employee empowerment programs.

4.A.4
Attachment: Transportation Manager - Updated Job Description Aug 27, 2024 (Approval of Transportation Manager Job Description and Transportation Manager

Page 3 of 4 ends

• Office procedures, methods, and equipment including computers, all Microsoft Office applications, and other relevant software applications. • Basic principles of business letter writing and basic report preparation. • Techniques and principles of effective interpersonal communication. • English usage including grammar, spelling, vocabulary, and punctuation. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.

Ability to:
• Ability to organize and coordinate bus routes, supervise personnel, and communicate effectively with drivers and the general public.
• Organize, implement, and direct a variety of transit activities. • Understand all aspects of the job.
• Supervise, organize, schedule, and review the work of lower level staff. • Train and evaluate assigned staff.
• Analyze situations correctly and adopt quick, effective, and reasonable courses of action based on surrounding circumstances.
• Interpret and apply federal, state, and local policies, procedures, laws, and regulations. • Make sound decisions, use good judgment, and think clearly and effectively in all situations. • Understand and act in accordance with City and department policies, procedures, and rules. • Interpret and apply policies, procedures, and rules to assigned personnel. • Prepare clear, concise, and complete reports, presentations, correspondence and other related documents.
• Communicate clearly and effectively, both orally and in writing. • Understand and comply with oral and written instructions. • Provide high quality customer service.
• Establish and maintain effective working relationships with those contacted in the course of work.

WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Work is performed primarily in the office in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level and occasionally in the field in all weather conditions, exposed to fumes, odors, and loud noise levels. Employees may interact with upset members of the public and private representatives and contractors in interpreting and enforcing departmental policies and procedures. May be required to work a varied schedule which could include off-hours, weekends, and on-call. Must possess mobility to work in the field and in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle and drive on surface streets. Must possess vision to read printed materials and a computer screen, and hearing and speech to communicate in person and over

4.A.4
Attachment: Transportation Manager - Updated Job Description Aug 27, 2024 (Approval of Transportation Manager Job Description and Transportation Manager

Page 4 of 4 ends

the telephone or radio. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 40 pounds.

HISTORY
Approved by:

Date:

4.A.4
Attachment: Transportation Manager - Updated Job Description Aug 27, 2024 (Approval of Transportation Manager Job Description and

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 the Grants Manager Employment Agreement BACKGROUND:

The City of Arvin relies heavily on grant funding to move otherwise financially infeasible projects forward for the city.

Since the position's inception, the Grant Writer turned Grant Manager incumbent has secured funding for projects ranging from parks and electric buses to a City microgrid, EV charging stations, street improvements, and so much more. The Grant Manager has applied for approximately 104 grants, with 91 being awarded to date, resulting in over $44,000,000 in funding benefiting the City of Arvin.

In the last year, the Grants Manager has collaborated with community groups, institutes of higher education, residents, and youth to conduct outreach, establish a community vision, and form a powerful collaborative group. The goal is to advance community-driven projects and build the capacity and unity needed to apply to significantly larger grants that can transform the Arvin community.

This contract will serve as a new term after successfully completing the previous two-year contract, which concludes on September 19, 2024.

STAFF RECOMMENDATION:

The recommendation is to approve the Grants Manager employment agreement. The term of the agreement is for two (2) years.

FINANCIAL IMPACT:

Annual salary of $110,000.00 with an option of a 5% merit increase of $5,500.00 for the second year of the contract. Please note this position has an annual salary that is somewhat costrecoverable with grant funding and, in turn, has a minimal impact on the city’s total personnel budget.

ATTACHMENTS:

Grants Manager Employment Agreement
Grant Manager Job Description

4.B.1
Attachment: grant mgr staff report (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
AGREEMENT NO. 2024-__

GRANTS MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into and effective on the 27th day of August 2024, by and between the City of Arvin (“City”), a California municipal corporation, and Christine Viterelli (“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 Grants 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 Grants Manager; and
WHEREAS, the position of Grants 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 Grants 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 Grants 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 that it is appointing and/or hiring Employee as Grants Manager 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.

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
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. GRANTS MANAGER. Employee accepts employment with the City as its Grants Manager and agrees to perform all functions, duties and services set forth the job description for the Grants 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 her full energies, interests, abilities, and productive time to the performance of this Agreement, and utilize her 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, her 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’ annual salary shall be $110,000.00 annual salary which shall be paid according to the payroll schedule in place for City Employees. Employee shall be eligible for a merit-based pay increase up to 5% of her 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 position of Grants 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 4.62 hours of vacation leave per pay period during the term of this Agreement, resulting in 120 hours per year. Employee shall be entitled to accrue vacation leave up to three (3) times the total annual accrual level, not to exceed three hundred sixty hours (40) days accrued vacation. Should

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
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 have the option to request vacation pay cash out to stay below the limit; but must maintain a minimum of 80 hours left in bank after cash out request.

C. 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, they will not be carried forward and will be forfeited.

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

E. 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.

F. Term Life Insurance. The City shall pay the premiums for a term life insurance policy in the amount of $150,000. Employee shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest of the employee.

G. Laptop. City shall provide Employee with a laptop to use during her employment.

Employee shall return the laptop when he ceases her employment with the City. The laptop shall be used exclusively for City business.

H. Public Employees’ Retirement System (Pers) And Social Security. EMPLOYEE shall be provided California Public Employees’ Retirement System (“CalPERS”) benefits. CalPERS 2% at 55, Employee is responsible for the 6.75% employee contribution, and the City is responsible for 7.47% contribution per pay period. City and Employee shall each pay one-half of the payments due to Social Security and Medicare during the term of this Agreement.

I. 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.

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT

7. TERMINATION. Upon appointment to the Grants 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 her 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

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
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. In order to comply with the requirements of California Government Code section 3304(c), a termination by the City Manager for cause shall be conducted in accordance with the following procedures:

Within fifteen (15) days of receipt of written notice under Section 7(A), Employee may submit a request in writing to the City Manager for an administrative appeal. Such appeal shall not prohibit or otherwise delay the termination of Employee prior to the administrative appeal. Failure to timely file such a request shall be deemed to be a waiver of the right to do so.

Upon Employee’s written appeal request, the City Manager shall appoint an independent hearing officer to conduct an administrative hearing and issue an advisory decision which shall then be reviewed and considered and either adopted, modified, or rejected by City Council. Both Employee and the City and their respective representatives, if any, shall make reasonable efforts to set an administrative appeal hearing date within thirty (30) days from the City Manager’s receipt of the written appeal request. Pursuant to Government Code section 3304(c) and for purposes of this subdivision, the removal of Employee for the purpose of implementing the goals or policies, or both, of the City, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute "reason or reasons" for Employee’s termination in addition to those stated in Section 7(A) above.

At the administrative appeal hearing, the independent hearing officer shall be presented with both the information and documents on which the City based its decision to terminate for cause, as well as any information and documentation that the Employee chooses to submit to challenge the City’s information and documents to raise mitigating circumstances for consideration by the independent hearing officer.

Within thirty (30) days of completing the hearing, the independent hearing officer shall issue an advisory decision in writing to the City Council determining whether Employee

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
was properly terminated under the terms of this Agreement. Following City Council’s review and consideration of the advisory decision, Employee shall be notified in writing as to whether the advisory decision will be upheld, modified, or rescinded.

In order to comply with the requirements of California Government Code section 3304(c), in the event of termination without cause EMPLOYEE may request to appear before the City Council, prior to the effective date of the termination to challenge the reasons for the termination without cause or to raise mitigating circumstances regarding the termination.

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.

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 him incident to her employment belongs to City and shall be returned promptly to City upon termination of Employee’ employment. Employee’ obligations under this subsection shall survive the termination of her 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 her 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

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
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.

Nothing herein shall require City to disclose any of its information to Employee. During her 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 her 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 her employment and the expiration of this Agreement.

G. Severance. In the event that Employee is terminated “Without Cause,” she shall be entitled to severance pay as follows:
o An amount equal to Six (6) pay periods.
o Continued Health Insurance benefit coverage for Six (6) pay periods.

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 him in her individual capacity or in her official capacity as Grants Manager, provided the Claims arise while Employee is acting within the scope of her employment and provided, she 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.

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT

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

11. GENERAL PROVISIONS.

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

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT 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.

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 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

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
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.

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 him, 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.

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.

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,

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
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]
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

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
Dated: EMPLOYEE
By:

CHRISTINE VITERELLI
ATTEST:

By:

CECILIA VELA
APPROVED AS TO FORM:

By:

NATHAN M. HODGES, ESQ.

CITY ATTORNEY
Attachments:

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

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
Grants Manager Job Description
Exhibit “B”

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
Agreement Of Separation, Severance, And
General Release

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

2. RECITALS

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT

2.1 Employee was hired by the City as an at-will Grants 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 her 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 Grants Manager as of the ____ day of _________ 20__. This Agreement sets forth the full and complete terms and conditions concluding the 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 her rights under the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act.

3. CONSIDERATION

3.1 Employee shall receive payment to him at the time of her 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.

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
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;
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”).

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
“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.

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

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
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.

7.7 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.

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT

7.13 Unemployment: Nothing in this Agreement shall limit Employee’s ability to apply for unemployment benefits.

8. MISCELLANEOUS

The Parties agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to this Agreement shall be the Kern County Superior Court and all Parties hereby waive any challenge to personal jurisdiction or venue in that court.

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT

8.7 Titles: The titles included in this Agreement are for reference only and are not part of its terms, nor do they in any way modify the terms of this Agreement.

City: City of Arvin
City Hall
200 Campus Drive
Arvin, California 93203
Employee: Christine Viterelli
Address set forth in Employee's Personnel
File.

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.

Dated: “Employee”
By:

CHRISTINE VITERELLI
Dated: City of Arvin
By:

Name:

Title: MAYOR
APPROVED AS TO FORM:

For City:

By:

Name:

Title: CITY ATTORNEY
For Employee (if represented):

By:

Name:

Title:

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
EXHIBIT “1”

EMPLOYMENT AGREEMENT

4.B.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement) City of Arvin

GRANTS MANAGER
DEPARTMENT: FINANCE DEPARTMENT
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED
GRADE:

JOB SUMMARY
Under general direction, coordinates and oversees the grant application and management process for the city including identification of potential new funding sources, development of funding resources for existing and proposed programs and/or services, writing grants, developing budgets, collaborating on grant applications with various departments and community organizations. The Grant Manager is responsible for processing, monitoring, and coordinating required report evaluations on existing grants; assists Finance Director with writing and preparing presentations and providing support to the City. The Grant Manager is responsible for the activities of the organization or foundation, both before and after the awards process. Establishes standards and deadlines for proposals, reviews proposals for completeness, and ensures compliance with organizational or foundation standards.

DISTINGUISHING CHARACTERISTICS
The Grant Manager is a single position classification responsible for coordinating and overseeing the grant application and management process for the city. The incumbent is expected to be fully competent to independently perform the full range of duties utilizing tact, discretion, initiative, and independent judgment. The incumbent receives only occasional instruction or direction as new, unusual, or unique situations arise.

SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Finance Director. Incumbents in this class manage grant funded staff members.

EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
• Identifies the need, drafts, and submits grant applications; works under limited supervision following standardized practices and/or methods; leads, guides, and/or coordinates others; and monitors budget expenditures.
• Perform all activities to prepare and manage all grant proposals for various government agencies.
• Collaborates with a variety of parties (e.g. city personnel, community organizations, businesses, etc.) to secure funding to maintain and enhance services and/or programs.

4.B.3
Attachment: Grant Manager JD (Approval of the Grants Manager Employment Agreement) Grant Manager

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• Develops and submits highly effective grant applications and related documents (e.g. required reports, budgets, specific inquiries, etc.) to the appropriate funding agency. • Develops forms, processes, procedures, and policies to ensure the implementation of a consistent grant application methodology.
• Evaluates degree of match between listed grant priority areas and the needs of the City the purpose of matching needs with funding sources.
• Monitors and evaluates grant proposals and funding application requirements, content, delivery method and labeling, deadlines, eligibility for grant, etc. to ensure time and resources are utilized to maximize successful awarding of grant funds and ensures compliance. • Prepare and maintain records of database and prepare files for City Staff and prepare reports to maintain track of all grant activities, deadlines and associated terms in time constraints set forth.
• Maintain project records and prepare all modifications to resolve various application issues for grant funds.
• Perform all federal and state audits on all grant-related information on subgrantees and prepare all reports for all expenses.
• Presents concepts, status, and information to a variety of groups (e.g. funding requests, grant applications, identifying underfunded services, etc.) to gain the required administrative and board approvals, provide progress reports to administration and funding sources, and/or advise other staff of potential funding sources.
• Provides support to the City Manager and department directors through preparation of written materials and presentations to disseminate clear and effective communications and to ensure the City’s strategic goals are met.
• Prepares Staff reports and resolutions related to grants. • Administer all programs and prepare a schedule for site visits with help of various members and submit to management.
• Research grant opportunities (e.g., facility improvements, professional development, curriculum development, administrative needs, etc.) to develop additional funding resources for both current and proposed services, programs and administrative operations as well as serving as a clearinghouse for potential grant funding opportunities. • Develops relationships with community leaders to further their support of the grant opportunities via letters of support.
• Utilization of resources from other work units may be required to perform the job's functions. • Participates in and leads, if appropriate, meetings, workshops, and seminars to convey, share, and/or gather information required to performfunctions. • Assists with the financial management of grants (e.g. budget preparation, budget adjustments, expenditures, etc.) to ensure compliance with all program and funding guidelines of awarding organizations.
• Coordinates with other Grant Writers to obtain information about upcoming grants. • Ability to interpret federal, state, and local government laws and regulations regarding grant administration.
• Responsible for implementing the various grant projects. • Regular and timely attendance.

4.B.3
Attachment: Grant Manager JD (Approval of the Grants Manager Employment Agreement) Grant Manager

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• Performs other duties as required.

Education:

Graduation from an accredited college or university with a Bachelor’s degree in Business or Public Administration, English or a related field.

Experience:

Three (3) years of progressively complex and responsible experience in the public or non-profit sector demonstrating proficient grant writing which has resulted in the awarding of grant funds, grant administration and management.

Licenses and Certifications:

Valid California driver’s license and satisfactory driving record.

Knowledge:
• Principles and practices of community organizations, and public, non-profit, and/or private agency funding sources.
• Grant writing techniques and strategies.
• Familiarity with research techniques for grant prospect research. • Pertinent local, State, and Federal laws, ordinances. and rules. • Principles and practices of financial record keeping, reporting and records management. • Office procedures, methods, and equipment including computers, all Microsoft Office applications, and other relevant software applications. • English usage including grammar, spelling, vocabulary, and punctuation. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.

Ability to:
• Write clear, structured, articulate, and persuasive proposals to effectively apply for and receive grant awards.
• Review and interpret highly technical information, write technical materials, and/or speak persuasively to implement desired actions.
• Identify issues and create action plans, meeting deadlines and schedules. • Set priorities while performing work with minimal direct day-to- day supervision. • Organize and communicate information and concepts effectively. • Analyze situations to define issues and draw conclusions to perform single, technical tasks to meet changing job conditions.
• Plan and manage multiple projects and assignments effectively. • Prepare and maintain accurate records.

4.B.3
Attachment: Grant Manager JD (Approval of the Grants Manager Employment Agreement) Grant Manager

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• Define organizational, operational, and management needs. • Collect appropriate data to support research aims, draw reasonable conclusions, and conceptualize solutions effectively.
• Work with and maintain confidentiality of information. • Work effectively with diverse groups and individuals. • Operate and use modern office equipment including computers and applicable software and databases.
• Respond effectively to difficult and sensitive public inquiries. • Work after hours, and evenings and weekends
• Provide high quality customer service.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.

Work is performed primarily performed indoors in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. There may be some travel to different sites and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting, and stooping in the performance of daily activities. While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.

HISTORY
Approved by: Arvin City Council
Date: June 14, 2022

4.B.3
Attachment: Grant Manager JD (Approval of the Grants Manager Employment Agreement)

CITY OF ARVIN

STAFF REPORT
TO: The Honorable Mayor, And Members of The City Council FROM: Nathan M. Hodges, City Attorney
DATE: September 10, 2024
SUBJECT: Acceptance of Council Member Resignation and Approval of Process to Fill Vacancy Created by Said Resignation
RECOMMENDATION:

Staff recommends the City Council accept the resignation of Council Member Murillo and approve the Appointment Process for filling the vacancy on the City Council created by the resignation, with the appointment being made between November 5, and November 9, 2024.

BACKGROUND:

Pursuant to Government Code 1770 a city elective office may be deemed vacant…(3) Resignation, which in the case of a city council member is effected by delivering a letter of resignation to the city clerk.

On or about August 21, 2024, Council Member Murillo delivered a letter of resignation to the City Manager via email. The City has received no further correspondence from Mr.

Murillo since that date.

The law is clear that neither the resignation statute nor the vacancy statute expressly require "acceptance." However, withdrawal would appear to be allowed under either statute at least up until the time a would-be resignation is presented to the city clerk. Unless valid enactments provide otherwise, an employee is entitled to withdraw a resignation if she or he does so before it has been accepted, and before the appointing power acts in reliance on the resignation.” (Office of the Attorney General of the State of California 106 Ops. Cal. Atty. Gen. 111; 2023 Cal. Op. Atty Gen. No. 23-402)
Government Code 36512 (B) states that if the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent. In such a situation, the Council shall, within 60 days from the commencement of the vacancy, fill the vacancy through appointment or call a special election.

However, Government Code Section 36512 prohibits filling a vacancy by appointment if the appointment would result in a majority of the members serving on the council having been

4.C.1
Attachment: Staff Report - Acceptance of Murillo Resignation and Approval of Appointment Process to Fill Vacancy_091024 (Process to Fill appointed. Rather, the vacancy must filled through the following: The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call; or if the city council does not call an election, the vacancy shall be filled at the next regularly established election date. Due to two positions within the Council currently being appointed, Council would either need to wait until after the election to make an appointment, or because of the lack of time until the next election, would need to keep this seat vacant until the 2026 election.

Options for Filling Vacancies
Government Code Section 36512 establishes the means by which a City Council vacancy may be filled. The City does not have an ordinance requiring a certain method for filling a vacancy.

Consequently, under Section 36512(b), the City Council has the discretion to either (i) fill the vacancy by appointment or (ii) call for a special election.

The City Council must make this decision – to either fill the vacancy by appointment or call for a special election – within 60 days after the vacancy is created.

Filling Vacancy by Appointment
If the City Council chooses to fill the vacancy by appointment, the specific method of appointment is within in the Council’s discretion, so long at the appointment is made within the 60-day time period. To be eligible, any person appointed must meet the minimum legal requires required to run for office. For the City of Arvin, these are:
• The candidate must be a registered voter of the City (including age requirements). • The candidate must maintain a legal residence or domicile within the City. • The willingness to be appointed.

In addition to the minimum qualifications, the City Council can consider a wide variety of other factors that may affect a potential appointee’s suitability to serve in office, including experience, background, etc.

When filling a vacancy by appointment, there are three common approaches that are used by many public agencies: (i) applications by interested persons; ii) the candidate with the next highest number of votes (next-highest vote getter); or iii) outright appointment (no application). (i) Application Method.

Under the “application” option, the City Council would establish an application period for appointee hopefuls to submit an official City application with the City Clerk, with the intention of making an appointment at a future Council meeting after consideration of the applications.

If Council wishes to fill the vacancy under this method, Staff request the Council provide direction such as:
• Notice: How notice is to be provided (publication in paper, posting, word of mouth, etc.).

4.C.1
Attachment: Staff Report - Acceptance of Murillo Resignation and Approval of Appointment Process to Fill Vacancy_091024 (Process to Fill • Application content: Would the Council like to make any changes to the application? • Deadline for Submittals: When the applications should be submitted to the City Clerk? • Deadline for Distribution: When the applications should be provided to the Council (either prior to or concurrent with the Agenda for the meeting)? Note: If the City Council opts to fill the vacancy by appointment, the Brown Act requires any interviews conducted by the entire City Council to be held in open session. (ii) Next-Highest-Vote-Getter Method.

Under this option, the City Council would appoint the candidate who received the highest number of votes in the election among the candidates who were not elected. (iii) Outright Appointment (No Application) Method.

Under this option, the Council may make an appointment without going through an application process. The appointee is legally required to meet the age, residency, and voter registration requirements, and must be willing to be appointed. If the Council is inclined to pursue this option, it can direct staff to place an item on the agenda for appointment at a future meeting. (iv) Other.

The City Council could also select another method of appointment, different from those discussed above.

Filling Vacancy by Special Election
Alternatively, the City Council may call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days calculated after the call of the special election. In other words, the special election must be at least 115 days or more after the date of the determination to hold the election. The next available established election date that is more than 114 days away is November 2, 2021. The exact cost of holding a special election is not known at this time. However, they typically start out $15,000 or more depending on the number of voters and other factors (a recent Bakersfield special election to fill a ward seat cost over $100,000).

Due to the cost of holding a special election, most cities fill vacancies by appointment.

City staff also recommend using the appointment method in order to avoid such costs.

However, if the Council is unable to reach consensus on an appointment method or an appointee, this seat will need to remain vacant until the 2026 election.

FISCAL IMPACT:

There is a minimal fiscal impact associated with appointment other than certain Staff time, etc.

4.C.1
Attachment: Staff Report - Acceptance of Murillo Resignation and Approval of Appointment Process to Fill Vacancy_091024 (Process to Fill RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

CONFIRMING AND ACCEPTING THE RESIGNATION OF COUNCIL

MEMBER MURILLO AND APPROVING THE PROCEDURE TO FILL
THE VACANCY BY APPOINTMENT.

WHEREAS, Pursuant to Government Code §1770 a city elective office may be deemed vacant by Resignation, which in the case of a city council member, is effected by delivering a letter of resignation to the city clerk.

WHEREAS, Council Member Murillo delivered an letter of resignation to the City Manager via email on August 21, 2024.

WHEREAS, withdrawal of the resignation by Mr. Murillo would be allowed under statute at least up until the time a would-be resignation is presented to the city clerk if such a withdrawal was accomplished before it has been accepted, and before the City was to act in reliance on the resignation.

WHEREAS, pursuant to Government Code 36512(B), if the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.

WHEREAS, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. However, Government Code §36512 prohibits filling a vacancy by appointment if the appointment would result in a majority of the members serving on the council having been appointed. In such a situation, the vacancy must filled through the following: The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call; or if the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date.

WHEREAS, the City Council now confirm its intent to accept the resignation of City Council Member Murillo, which is scheduled to expire in 2026; and WHEREAS, due to the vacancy, it appropriate for the City Council to approve a procedure to fill the vacancy caused by Council Member Murillo’s resignation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARVIN DOES HEREBY RESOLVE as follows:

SECTION 1. Due to Council Member Murillo’s resignation lack of statutory compliance, and in order effectuate said resignation (as discussed in the Office of the Attorney General of the State of California Opinion 106 Ops.Cal.Atty.Gen.111, 2023 Cal.Op.AttGen No. 23-402), the City Council hereby accepts the resignation of City Council Member Murillo.

SECTION 2. In addition to and consistent the Office of the Attorney General of the State of California Opinion 106 Ops.Cal.Atty.Gen.111, 2023 Cal.Op.AttGen No. 23-402, the City

4.C.2
Attachment: Resolution accepting Murillo resignation and Approving Appointment Process to Fill Vacancy_091024 (Process to Fill Vacancy on Council hereby acts in reliance on such resignation and approves filling the vacancy created by the Resignation through appointment.

SECTION 3. The Vacant City Council Position shall be filled through appointment on or before November 9, 2024.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

DANIEL BORRELI, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
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.C.2
Attachment: Resolution accepting Murillo resignation and Approving Appointment Process to Fill Vacancy_091024 (Process to Fill Vacancy on

Arvin City CouncilSeptember 10, 2024

Arvin City Council
September 10, 2024