NOTICE OF EXEMPTION
Filing of Notice of Exemption
in Compliance with Section 15062 of the
California Environmental Quality Act- Code Amendment 2024 Chapter 17.51 Accessory Dwelling Units- City of Arvin
NOTE: Place in project file until approved – then
file with Kern County Clerk
AFFIDAVIT OF FILING AND POSTING
Court Records Supervisor Office of the County
Clerk
I declare that I received and posted this notice on the filing date as required by California Public Resources Code Section 21152(c).
Said Notice will remain posted for 35 days for the filling date.
TO: COUNTY CLERK
County of Kern,
1115 Truxtun Ave. 1st Floor,
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office, 661-854-0817 Fax
TO; State of California CEQA Submit: SCH No.
Project title: Code Amendment 2024 Chapter 17.51 Accessory Dwelling Units – City of Arvin Project location: City Wide
Description of nature, purpose, and beneficiaries of project: Code Amendment to Chapter 17.51 Accessory Dwellings - The adoption of an ordinance amends Ordinance No. 2023-487 adopted October 24, 2023 updating the existing code to implement the provisions of Sections 66310-66342 of the Government Code. The adopted Ordinance amends ADU regulations and implements the goals, policies, and programs of the City of Arvin Housing Element.
Name of public
agency approving
project:
City of Arvin, CA –
City Council
Ordinance No. 2024-XXX dated Month XX, 2024
Name and person or agency
carrying out the project
Jake Raper, Project Coordinator/Planning Consultant, Community Development Department, 161 Plumtree Drive, Arvin, CA 93203 Email:
[email protected]
Exempt status: CEQA Guidelines, Statutory Exempt Section 15282 (h).
Reasons why the project is exempt: The proposed zoning code amendments are statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines (the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310-66342 of the Government Code as outlined in Section 21080.17 of the Public Resources Code). Additionally, the adopted Ordinance amends ADU regulations and implements the goals, policies, and programs of the City of Arvin Housing Element and are regulatory actions taken by the city. Lastly, due to their limited impact, state law deems ADUs to be ministerial projects and, therefore, exempt from CEQA Contact person: Jake Raper, Project Coordinator/Planning Consultant, Community Development Department, Planning Division, 141 Plumtree Drive, Arvin, CA 93203
Signature/Title/ Date:
Jeffrey Jones Date
City Manager/Finance Director_______________
Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.
5.B.9
Attachment: Att 7 - NOE -ZCA 2023-04 ADU (Public Hearing: First Reading - Ordinance Zone Change Amend 2025-01 - ADU) City Council January 14, 2025 – 2024 Safety Element Update Page 1 of 3
CITY COUNCIL
STAFF REPORT
Meeting Date: January 14, 2025
TO: City Council
FROM: Isaiah Medina, Assistant Planner
Jeffrey Jones, City Manager/Finance Director
Jake Raper, Project Coordinator/Planning Consultant
SUBJECT: Public Hearing –To Consider Adoption of a Resolution of the City of Arvin City Council Amending the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan and Adoption of Exemption Pursuant California Environmental Quality Act Guidelines Section 15061(b)(3)
BACKGROUND
Arvin City Council on August 10, 2024, by Resolution No. 2021-55 adopted the 2020 Kern Multi-Jurisdiction Hazard Mitigation Plan (HMP), Attachment 1 and 2 of the 2024 Safety Element Update, which incorporates implementation programs of the Safety Element and contains programs that implement its policies. The City of Arvin participates in the Kern County Multi-Jurisdiction Hazard Mitigation Planning and the HMP is updated on a five (5) year cycle.
The HMP will continue to be incorporated by reference in the Safety Element. The Safety Element and HMP are complementary documents that work together to achieve the goal to reduce the impacts on a community from a disaster.
The Planning Commission on December 17, 2024, conducted a public hearing and considered the update to the 2019 Safety Element. At the conclusion of the public hearing the Planning Commission adopted a resolution recommending the City Council adopt the 2024 Safety Element Update and to adopt the Noice of Exemption, Section 15061 (B)(3).
Adoption Required to Qualify Grant Funding:
An adopted, most recently adopted MJHMP, hazard mitigation plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs. The MJHMP must be incorporated into the local jurisdiction Safety Element in order to qualify for pre- and post-disaster mitigation grant programs. The adopted Hazard Mitigation Plan (HMP) describes the type, location, and extent of all natural hazards that can affect the jurisdiction; describe the jurisdiction’s vulnerability to these hazards; include a mitigation strategy that provides the jurisdiction’s blueprint for reducing the potential losses; and contains a plan maintenance process. The 2020 Kern County Multi-Jurisdiction (Arvin) Hazard Mitigation Plan (HMP) addresses the natural disasters that may affect the City of Arvin: Flood,
5.C.1
Attachment: 1-Staff Report 2024 Safety Element Update (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) City Council January 14, 2025 – 2024 Safety Element Update Page 2 of 3 Geologic, Severe Weather, Drought, and Extreme Heat. The HMP identifies community policies, actions, and tools for implementation to reduce the public’s exposure to these hazards, to minimize property damage and community disruption, and to reduce or avoid the costs of disaster relief.
Natural Mitigation Planning – Incorporating 2020 Kern MJHMP into Arvin Safety Element:
The Safety Element also includes policies on natural hazard mitigation planning that implement and supports the Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP), adopted by the Arvin City Council on August 10, 2024, by Resolution No. 2021-55. City Council adopted the updated Kem Multi-Jurisdiction Hazard Mitigation Plan Volume 1 and its Annex, as approved by FEMA and Cal OES, as the official mitigation plan for The City of Arvin. The California Office of Emergency Services (Cal OES), and the FEMA Region IX officials have reviewed the updated MJHMP, and approved it contingent upon this official adoption by the participating governing body. The adoption of the MJHMP complies with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the updated 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP).
The City of Arvin’s Safety Element is incorporating the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) Volume 1 and its Annex for the City of Arvin, as approved by FEMA and Cal OES, as the official mitigation plan for The City of Arvin.
Safety Element Purpose:
The purpose of the Safety Element is to reduce the potential risk of death, injuries, property damage, and economic and social dislocation resulting from natural and human-induced hazards.
The Safety Element establishes preventative and responsive policies and programs to mitigate the potential impacts associated with hazards that may affect the City of Arvin. This Element along with the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) addresses geologic and seismic hazards, flood hazards, fire hazards, hazardous materials, drought, domestic terrorism, and emergency preparedness and response planning.
ENVIRONMENTAL REVIEW AND DETERMINATION:
The proposed 2024 Safety Element update implements the 2020 Kern County MultiJurisdiction Hazard Mitigation Plan. It is determined that the update of the 2024 Safety Element meets the definition and criteria of the Public Resources Code and CEQA Guidelines to be exempt from CEQA. This determination and recommendation is based upon the CEQA Guidelines, Section 15061(b) (3) and finds that there is no possibility that the activities in question may have a significant effect on the environment and are, therefore, exempt from CEQA, for the following reasons:
• The 2024 Safety Element incorporates the 2020 Arvin’s Kern County Multi-Jurisdictional Hazard Mitigation Plan and is following Government Code, Section 65032.
5.C.1
Attachment: 1-Staff Report 2024 Safety Element Update (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) City Council January 14, 2025 – 2024 Safety Element Update Page 3 of 3 • These amendments will not have a significant effect or physical change on the environment, because it implements policy programs.
FISCAL CONSIDERATION:
An adopted Safety Element which incorporates the most recently adopted Multi Jurisdiction Hazard Mitigation Plan (JHMP), is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs. Assembly Bill 2140 allows cities to be considered for additional state const-share on eligible Public Assistance project by adopting their current, FEMA-approved local hazard mitigation plans (LHMPs) into the Safet Element of their General Plan. This adoption, along with other requirements, makes the city eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act (CDAA). The MJHMP must be incorporated into the local jurisdiction Safety Element in order to qualify for pre- and post-disaster mitigation grant programs. Once adopted, City Staff will post the Safety Element and the 2020 Kern County Multi Hazard Mitigation Plan (Arvin) of the City’s web site.
RECOMMENDATION
Motion to approve Resolution of the City of Arvin City Council Amending the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan and Adoption of Exemption Pursuant California Environmental Quality Act Guidelines Section 15061(b)(3)
EXHIBITS AND ATTACHMENTS
• Exhibit A: 2024 Safety Element Update
• Attachment 1- Appendix 1 - 2021-55 Reso Adopting 2020 Kern JMHMP_081021 • Attachment 2 - City of Arvin 2020 MJHMP
• Notice of Exemption
5.C.1
Attachment: 1-Staff Report 2024 Safety Element Update (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) Reso Adopting 2024 Safety Element Update
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
AMENDING THE GENERAL PLAN BY ADOPTING THE 2024 SAFETY
ELEMENT UPDATE INCORPORATING 2020 KERN COUNTY MULTIJURISDICTIONAL HAZARD MITIGATION PLAN INCLUDING
ADOPTION OF AN EXEMPTION PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15061(B)(3).
WHEREAS, the City of Arvin City Council adopted the 2019 Safety Element which incorporated the 2012 Kern County Multi-Jurisdiction Hazard Mitigation Plan; and WHEREAS, the City of Arvin City Council adopted Resolution No. 2021-55 adopting the updated 2020 Kern Multi-Jurisdiction Hazard Mitigation Plan; and WHEREAS, the 2024 Safety Element incorporates the 2020 Kem County MultiJurisdictional Hazard Mitigation Plan (MJHMP) adopted by the City of Arvin, and is in compliance with Government Code Section 65032; and
WHEREAS, the Planning Commission of the City of Arvin on December 17, 2024 adopted a resolution recommending the City Council adopt the 2024 Safety Element and a Notice of Exemption pursuant to the California Environmental Quality Act Section 15061 (b)(3); and WHEREAS, the City Council conducted a public hearing on January 14, 2025 providing opportunity for all interested persons to give testimony; and WHEREAS, the City Council duly considered the Planning Commission's recommendations and the City Council desires to adopt the Updated Safety Element and a finding under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that the project is exempt.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Arvin as follows:
1. The City Council of the City of Arvin finds that the above recitals are true and correct.
2. The City Council adopts the Notice of Exemption pursuant to CEQA Guidelines, Section 15061(b)(3), as there is no possibility that the updated Safety Element to the General Plan may have a significant effect on the environment.
3. The City Council adopts the 2024 Safety Element which incorporates the 2020 Kem County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) in its entirety, to the General Plan as shown on Exhibit A of this Resolution.
4. Upon adoption of this resolution, the Deputy City Clerk is directed to file the Notice of Determination with the Kern County Clerk’s office and with the State of California, CEQA Submit
5. This Resolution shall take effect immediately.
5.C.2
Attachment: 2-Reso Adopting 2024 Safety Element_011425 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) Reso Adopting 2024 Safety Element Update
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 14 th day of January 2025 by the
following vote:
AYES: ________________________________________________________________________ NOES: ________________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________ ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Exhibit A – 2024 Safety Element
Appendix 1 – 2021-55 Reso Adopting 2020 Kern JMHMP_081021 Appendix 2 – City of Arvin 2020 MJHMP
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.
5.C.2
Attachment: 2-Reso Adopting 2024 Safety Element_011425 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) Reso Adopting 2024 Safety Element Update
EXHIBIT A
2024 Safety Element
Which Incorporates The
2020 Kem County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP)
5.C.2
Attachment: 2-Reso Adopting 2024 Safety Element_011425 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element)
s
FINAL
DECEMBER 10, 2024
Resolution 2025-XX
2024 Safety Element Update
Prepared by:
City of Arvin
Community
Development
Department
SAFETY
ELEMENT
5.C.3
Attachment: 3-2024 Safety Element Update December 10 2024 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) 2024 Update - Arvin Safety Element
Arvin Safety Map 2024 Page 2 of 33
SAFETYELEMENT
LEAD AGENCY:
CITY OF ARVIN
200 CAMPUS DRIVE
ARVIN, CA 93203
PREPARED BY:
Community Development Department
Jeffrey Jones – City Manager/Finance Director
Christine Viterelli- Grants Manager
Jake Raper – Project Coordinator
ADOPTED: January 14, 2025
CITY COUNCIL RESOLUTION NO. 2025- XX
5.C.3
Attachment: 3-2024 Safety Element Update December 10 2024 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) 2024 Update - Arvin Safety Element
Arvin Safety Map 2024 Page 3 of 33
TABLE OF CONTENTS
INDEX 1-2
Purpose 5
Relationship to Other General Plan Elements 6
Context and Setting 6
Hazard Risk Ranking 7
Geologic and Seismic Hazards 7
Geologic Hazards 7
• Geology 7
• Hydrology 7
• Groundwater Supply 8
• Groundwater Quality 8
• Surface Hydrology 8
Seismic Hazards 9
• Fault Rupture 12
• Ground Shaking 12
• Secondary Seismic Hazards 12
• Liquefaction 12
• Earthquake – Induced Landslide and Slope Failure 14
• Seismic Seiches 14
Flood Hazards 14
• Local Flooding 14
• Dam Inundation 18
• Levee Failure 18
Hazardous Materials 18
• Transportation of Hazardous Materials 19
• Hazardous Materials Sites 20
• Hazardous Waste 20
Oil Wells – Site Development Adjacent to and Over Abandoned Oil and Gas Wells 20 • Oil Well Hazards 20
• Construction Site Well Review Program 21
Fire Hazards 21
• Wildland Fires 21
• Structure Fires 22
Airport Operations 23
Emergency Services, Preparedness, and Response 23
• Fire Protection Services 23
• Fire Prevention 23
• Police Protection Services 23
• Emergency Medical Services 24
• Emergency Communications Center 24
• Emergency Operations Plan 24
• Emergency Operations Center 25
• Terrorism Response and Recovery Plan 25
• Evacuation Routes 26
• Emergency Incident Information and Notification 26
Drought Severity 26
• Establishment of Drought Reduction Program 27
5.C.3
Attachment: 3-2024 Safety Element Update December 10 2024 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) 2024 Update - Arvin Safety Element
Arvin Safety Map 2024 Page 4 of 33
Goals and Policies 28-33
• Citywide Safety 28
• Geologic and Seismic Hazards 28
• Flood Hazards 29
• Hazardous Materials 30
• Fire Hazards 31
• Emergency Services, Preparedness, and Response 32
• Drought Severity 32-33
EXHIBITS
Figure 1-4: City of Arvin. EQ S. San Andreas Mojave N. Vulnerability and Exposure Snapshot – Excerpt from 2020 Kern MJHMP
10 Exhibit Figure 4.34 – Earthquake Shake Map for Kern County 11 Figure 1-5: City of Arvin – Subsidence Vulnerability and Exposure Snapshot - Excerpt from 2020 Kern MJHMP
13 Firm – Arvin Flood Insurance Rate Map – Kern County- California 16 Figure 1-3 City of Arvin FEMA Flood Vulnerability and Exposure Snapshot - Excerpt from 2020 Kern MJHMP
17 Exhibit Figure 4.82 City of Arvin Wildfire Risk 22
APPENDICIES
Appendix 1 - Resolution No. 2021-55 Adopting the Updated Kern 2020 Multi-Jurisdiction Hazard Mitigation Plan
Appendix 2 - City of Arvin – Kern County Multi-Jurisdiction Hazard Mitigation Plan 2020
REFERENCES
(All References are on file at the Community Development Department) City of Arvin General Plan – Land Use Element – Updated 2024, Conservation and Open Space Element, Air Quality Element Community Health Element, and Implementation Plan – 2012 City of Arvin General Plan – Circulation Element adopted August 21, 2012 City of Arvin General Plan – Noise Element adopted 1988, Safety Element adopted 1988, and Economic Development Element adopted 1988
City of Arvin Zoning Ordinance
City of Arvin Standards and Specifications
City of Arvin Drainage Master Plan Update – August 2009 Kern County Multi-Jurisdiction Hazard Management Plan 2020 Volumes 1 and 2 2019 Safety Element
Title 15, Building, Chapter 17.15.32 Floodplain Management
5.C.3
Attachment: 3-2024 Safety Element Update December 10 2024 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) 2024 Update - Arvin Safety Element
Arvin Safety Map 2024 Page 5 of 33
PURPOSE
The State General Plan Guidelines direct cities to incorporate required elements into their general plans, including Safety. The purpose of the Safety Element is to reduce the potential risk of death, injuries, property damage, and economic and social dislocation resulting from natural and human-induced hazards.
The Safety Element establishes preventative and responsive policies and programs to mitigate the potential impacts associated with hazards that may affect the City of Arvin. This Element along with the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) addresses geologic and seismic hazards, flood hazards, fire hazards, hazardous materials, and emergency preparedness and response planning.
The Safety Element also includes policies on natural hazard mitigation planning that implement and supports the Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP), adopted by the Arvin City Council on August 10, 2024, by Resolution No. 2021-55. City Council adopted the updated Kem Multi-Jurisdiction Hazard Mitigation Plan Volume 1 and its Annex, as approved by FEMA and Cal OES, as the official mitigation plan for The City of Arvin. The California Office of Emergency Services (Cal OES), and the FEMA Region IX officials have reviewed the updated MJHMP, and approved it contingent upon this official adoption by the participating governing body. The adoption of the MJHMP complies with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the updated 2021 Kern County Multi-Jurisdiction Hazard Mitigation Plan ( MJHMP).
An adopted, most recently adopted MJHMP, hazard mitigation plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs.
The MJHMP must be incorporated into the local jurisdiction Safety Element in order to qualify for pre- and post-disaster mitigation grant programs. The adopted Hazard Mitigation Plan (HMP) describes the type, location, and extent of all natural hazards that can affect the jurisdiction; describe the jurisdiction’s vulnerability to these hazards; include a mitigation strategy that provides the jurisdiction’s blueprint for reducing the potential losses; and contains a plan maintenance process. The 2021 Kern County MultiJurisdiction (Arvin) Hazard Mitigation Plan (HMP) addresses the natural disasters that may affect the City of Arvin: Flood, Geologic, Severe Weather, Drought, and Extreme Heat. The HMP identifies community policies, actions, and tools for implementation to reduce the public’s exposure to these hazards, to minimize property damage and community disruption, and to reduce or avoid the costs of disaster relief.
Arvin City Council on August 10, 2024, by Resolution No. 2021-55 adopted the 2020 Kern MultiJurisdiction Hazard Mitigation Plan (HMP), Attachment 1, which incorporates implementation programs of the Safety Element and contains programs that implement its policies. The City of Arvin participates in the Kern County Multi-Jurisdiction Hazard Mitigation Planning and the HMP is updated on a five (5) year cycle. The HMP will continue to be incorporated by reference in the Safety Element. The Safety Element and HMP are complementary documents that work together to achieve the goal to reduce the impacts on a community from a disaster.
The City of Arvin’s Safety Element is incorporating the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) Volume 1 and its Annex for the City of Arvin, Attachment 2, as approved by FEMA and Cal OES, as the official mitigation plan for The City of Arvin.
5.C.3
Attachment: 3-2024 Safety Element Update December 10 2024 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) 2024 Update - Arvin Safety Element
Arvin Safety Map 2024 Page 6 of 33
RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS
The California Government Code requires internal consistency among the various elements of a general plan. The Safety Element is affected by policies contained in other elements of the Arvin General Plan including the Land Use, Housing, Circulation, Conservation and Open-Space, and Noise Elements, and may overlap with topical areas addressed in these elements.
The Land Use Element is linked to the Safety Element as the policies and programs are intended to protect current and planned land uses. Potential hazards identified in the Safety Element are addressed through programs established to avoid or mitigate public safety impacts associated with future development, such as land use compatibility.
The Housing Element identifies existing and projected housing needs, and establishes goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing to serve all members of the community. The Safety Element addresses hazards or nuisances that should be considered when determining the location of new housing development and improvements to existing housing.
The Circulation Element is closely related to safety and security as well-designed streets and efficient circulation are imperative during an emergency. The provision of viable evacuation routes within the City are linked to the planned circulation system described in the Circulation Element. Safety is integral in maintaining an efficient, effective, coordinated, multi-modal circulation system that serves a variety of transit, automobile, bicycle, and pedestrian users in a complete street network.
The Conservation and Open Space provides information on soils and erosion, and water quality within the Planning Area in the interest of health, safety, and welfare. Additionally, flood control measures are included in the Conservation and Open Space of the City's General Plan under the title of Public Health and Safety for the protection of the lives and property of its citizens during a disaster. Flooding has been identified as a major issue for areas of the City and is discussed in detail in the HMP.
The Noise Element also affects Safety Element as it contains safety guidelines regarding acceptable noise levels which consider occupational noise exposure as well as noise exposure in the home. The guidelines recognize exterior noise levels to protect the public from hearing loss, activity interference, sleep disturbance, and annoyance. The Noise Element also documents and guides the location of noise sensitive land uses including all residential uses and schools so they may be less impacted by noise.
Section 65300.5 of the Government Code states that the general plan and the individual elements shall be integrated and internally consistent. The city will maintain this consistency as future General Plan amendments are processed by evaluating proposed amendments for consistency with all elements of the Arvin General Plan.
CONTEXT AND SETTING
The Kern County Multi-Jurisdiction Hazard Mitigation Plan – Participating Jurisdiction Annex – City of Arvin, Attachment 2, details the hazard mitigation planning elements specific to the City of Arvin. This Annex is not intended to be a standalone document but appends to and supplements the information contained in the umbrella plan document. As such, all sections of the umbrella plan, including the planning process and other procedural requirements apply to and were met by the City of Arvin. This Annex provides
5.C.3
Attachment: 3-2024 Safety Element Update December 10 2024 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) 2024 Update - Arvin Safety Element
Arvin Safety Map 2024 Page 7 of 33
additional information specific to the City of Arvin, with a focus on providing additional details on the planning process, risk assessment, and mitigation strategy for the City of Arvin.
HAZARD RISK RANKING
The City of Arvin, based on the hazard prioritization process used for Kern County resulted in the hazard risk of four (4) vulnerability areas: 1. Earthquakes; 2. Flooding;
3. Drought; and 4. Soil Stability.
GEOLOGIC AND SEISMIC HAZARDS
Geologic and soils hazards include subsidence, expansive soils, and steep slopes and landslides. Seismic hazards related to earthquakes include ground shaking and ground failures, such as liquefaction, lateral spreading, ground lurching, seiches, mudslides, landslides, and soil slumping. Geologic hazards pose a danger to residents of Arvin and can result in significant property and infrastructure damage.
GEOLOGIC HAZARDS
Existing Safety and Geologic Conditions
Geology:
The San Joaquin Valley, which includes the Arvin area, is the most extensive basin area in the State of California. This basis area was formed by intermittent westerly tilting of the underlying crystalline rocks, which elevated the Sierra-Nevada Mountains on the east border of the valley and depressed the western portion of the valley. Slopes in the valley feature a southwest alignment and consist of underlying crystalline based complex and overlying sediments.
In the vicinity of the community of Arvin, the sediment layer is approximately 4,800 ft. thick and consists of older sedimentary rocks composed primarily of stratified sandstone, conglomerates and shale. In addition, there is overlying younger unconsolidated sediment approximately 1,900 ft. thick.
Portions of Kern County are identified as seismically active areas consisting of major unstable fault lines. Within the Arvin vicinity, 8 major fault line systems have been identified. The White Wolf Fault runs 3 miles south of the community of Arvin. The Edison Fault runs 8 miles north of the community. In addition, the San Andreas Fault, the Garlock Fault, the Sierra-Nevada Fault, the Big Pine Fault, the Kern Canyon Fault, and the Bear Mountain Fault are significant fault systems which run in the vicinity of Arvin.
Three major earthquakes have occurred in the county since such events have been historically recorded, the nearest seismic event to the local community occurred in 1952. This major quake, known as the Arvin-Tehachapi quake, measured 7.7 on the Richter scale and caused extensive damage throughout the County. The epicenter of the quake was located on the White Wolf Fault zone which impacted the City. Magnitude 5.0 and above earthquakes occur frequently, but damage has been limited from these events. However, damage to the Arvin community was relatively minimal. (App-3 1988 Safety Element)
Hydrology:
The Arvin area significantly contributes to Kern County as being one of the most productive agricultural counties in the nation. In order to sustain the intense farming activities in the area,
5.C.3
Attachment: 3-2024 Safety Element Update December 10 2024 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) 2024 Update - Arvin Safety Element
Arvin Safety Map 2024 Page 8 of 33
the local community derives much of its domestic and agricultural water supply from groundwater resources.
Groundwater Supply:
Arvin receives its water services from the Arvin Community Services District. The district manages the water source for domestic, agriculture, recreational and industrial purposes from groundwater within the Tulare Lake groundwater basin, which encompasses asignificant portion of theSanJoaquin Valley. Groundwater within the basin moves in a south-southwest direction within the basin toward the low lying portion of the valley.
The Arvin Community Services District (ACSD), adopted its 2015 Urban Water Management Plan (UWMP), which was an update of the 2010 UWMP, and is required to update the UWMP each cycle where the year ends in 15 and 0. The plan includes a description of the service area of the District, the current and projected population of the District, a description of the climate and other demographic factors that affect water management, identification of the existing and planned water resources of the District including groundwater management plan prepared by the Arvin-Edison Water Storage District (“AEWSD”) which is the underlying water purveyor in the area, description of the groundwater basin and groundwater levels, the participation of ACSD with AEWSD in the groundwater management program, the location, the amount of groundwater pumped in the last five years and sufficiency of the supply, a description of the groundwater supply and a projection of the groundwater demands for the next 20 years, a description of the reliability of the groundwater supply and its vulnerability to seasonal or climactic shortage, a statement addressing he consistency of the District’s water supply, a district’s anticipated water supply projects, the District’s water use projections, water use projections for lower income families, the District’s water shortage contingency plan and a water supply reliability assessment.
The district’s 2015 Urban Water Management Plan is available at the district’s office located at 309 Campus Drive, Arvin, Ca 93203, contact phone number 661-854-2127.
Groundwater Quality:
Groundwater quality in the Arvin area is suitable for domestic use. According to the Arvin Community Services District, the water underlying the Arvin community is generally of good quality. As noted above, the 2015 UWMP addresses the water supply and quality for the Arvin area.
The Arvin Community Services District water supply is deemed to be of high quality. This determination relates to an excellent groundwater recharge basin for the Kern River watershed and activities of the Arvin Edison Water Storage District. Water from these sources is of high quality.
Surface Hydrology:
The City of Arvin is situated on a deep alluvial fan. The ground surface slopes from northeast to southwest at a 0.5% slope. The primary utilization of the land surrounding the community is almost exclusively agriculture, oil extraction, or open space. The soil in these areas are identified as being highly permeable. As the land is very low sloping and the soil has a tendency of being permeable, water run-off is considered slight.
The Arvin area does not possess any significant natural bodies of water. The Arvin-Edison Canal is located to the north and east of the City, running in a diagonal alignment. The East Side Canal, which runs in a northwest-southwest alignment, approaches within one mile of the
5.C.3
Attachment: 3-2024 Safety Element Update December 10 2024 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) 2024 Update - Arvin Safety Element
Arvin Safety Map 2024 Page 9 of 33
southwest portion of the city. Both of these canals are primarily used for agriculture irrigation.
Sycamore and Little Sycamore Creeks are natural drainage channels which flow from the Tehachapi Mountains approximately four miles east and southeast, respectively, of the Arvin community. These creeks carry relatively low volumes of water and are only identified on a seasonal basis. The flows from these creeks usually run no farther than the Arvin-Edison Canal.
According to the Federal Emergency Management Agency (FEMA), the entire incorporated land within the City of Arvin as well as the immediate surrounding vicinity, lies within the 100 year floodplain of Caliente Creek. This major drainage channel flows into the Southern San Joaquin Valley floor about 10 miles northeast of the Arvin community. Water flow is only seasonal; however, this channel has historically carried large volumes of water over short time periods. Subsequently, considerable damage has been caused to some of the agriculture in outlying and developed areas in the Southern San Joaquin Valley floor. During similar flood occurrences, the creek water has flowed in a north to south direction into a channel just east of Tower Line Road, which turned in a westerly direction approximately one mile south of the City of Arvin. During more intense flooding periods, the water flow has been less predictable and has been known to cover parts of the Arvin General Planning area.
In recent years, flooding has been a significant issue in the Arvin area. Storm water run-off generated within the City of Arvin is generally collected and transported by streets into the City’s existing two drainage sumps. Sump One is located on the west central portion of the City along Comanche Drive near Bear Mountain Boulevard. Sump Two is located on the southwest portion of the community within the Smotherman Park site.
The City of Arvin maintains a Master Drainage System, which can collect and hold storm water run-off originating within the majority of the city from any storm of a magnitude less than or equal to a 10-year storm. Storm events of greater magnitude can also be accommodated through the overflow provision provided with the existing and proposed sumps. The majority of run-off produced by storms is presently being collected and conveyed to the south end of the City by existing street improvements and pipelines to the sumps. Future run-off is expected to continue being collected in the same manner but will be supplemented by additional street and pipeline improvements.
SEISMIC HAZARDS
Arvin, like most of California, is located within a seismically active region. Faults and earthquakes present direct hazards from fault rupture and ground shaking, as well as indirect hazards, as described further below. Kern County, in general, is recognized as a seismically active region with several major unstable fault lines identified in the county’s geologic composition.
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Figure 1-4: City of Arvin – EQ S. San Andreas Mojave N. Vulnerability & Exposure Snapshot – Excerpt from 202 Kern MJHMP
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Fault Rupture
Kern County is located in one of the more seismically active areas of California and my, at any time, be subject to moderate-to-severe ground shaking. The reason for this is the presence of the major active faults in portions of the County. The infamous San Andrea’s Fault runs just outside of and parallel to the western border of Kern County and eventually enters the south western portion of the county near Frazier Park, where it is intersected by the northeasterly trending Garlock Fault. Please refer to Section 4.2.10 Earthquakes – Kern County Multi-Jurisdiction Hazard Management Plan for a more detailed discussion of faults.
The White Wolf Fault and the Edison Fault are respectively located three miles south and eight miles north of the Arvin community. In addition, a number of other unstable fault lines, including the San Andreas, Garlock, Big Pine, Kern Canyon and Bear Mountain Faults are situated in the general vicinity of Arvin.
The White Wolf Fault Zone is south and east of Arvin. In 1952 a 7.7 earthquake was experienced. Refer to Figure 4.34 Earthquake Shake Map for Kern County. Additionally, seismic hazard mapping indicates that the City has low seismic hazard potential. While there are no known active faults residing within or near the City limits, the Planning Area is likely to experience hazards associated with earthquakes, such as ground shaking.
Ground Shaking
Ground shaking from earthquakes affects the most people and can cause the most damage of any geologic hazard. The amount of ground shaking depends on the magnitude of the earthquake, the distance from the epicenter, and the type of earth materials in between. Arvin experienced significant ground shaking from a Magnitude 7.7 earthquake that occurred on the White Wolf Fault in 1952. Arvin is located within an area identified as having moderate ground shaking probability.
Secondary Seismic Hazards
Ground shaking can induce secondary seismic hazards such as liquefaction, lateral spreading, subsidence, ground fissuring, and landslides. Liquefaction of saturated cohesionless soils can be caused by strong ground motion resulting from earthquakes.
Liquefaction
Liquefaction can occur when loose sand and silt that is saturated with water behaves like a liquid when shaken by an earthquake, resulting in ground failure. The California Geological Survey identifies liquefaction zones where the stability of foundation soils must be investigated and countermeasures undertaken in the design and construction of buildings for human occupancy.
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Figure 1-5: City of Arvin – Subsidence Vulnerability & Exposure Snapshot – Excerpt from 2020 Kern MJHMP
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Earthquake-Induced Landslide and Slope Failure
In addition to liquefaction, the California Geological Survey identifies landslide zones, which generally indicate steep hillslopes composed of weak materials that may fail when shaken by an earthquake. These areas are required to be investigated and countermeasures undertaken in the design and construction of buildings for human occupancy. Arvin is not located within an area identified as having the potential for earthquake-induced landslides. Similarly, due to the relatively flat topography of Arvin and the surrounding area, lateral spreading, mudslides, ground lurching, and soil slumping are unlikely to occur.
Seismic Seiches
Seismic seiches are standing waves in an enclosed or partly enclosed body of water, such as rivers, reservoirs, ponds, and lakes. There are no large bodies of water located within the Planning Area. The potential for water from the lake to reach the Planning Area in the event of a seiche is limited.
FLOOD HAZARDS
Local Flooding
The location, topography, and land uses in and around the City pose unique drainage situations for the way local runoff is contained. As the City has been developed on predominantly agricultural lands, sump basins are the primary facilities used to retain the local storm water flows. The City has prepared a Storm Drain Master Plan to identify and address local flooding issues within the City. Identified improvements to the existing drainage systems consist primarily of upsizing existing storm drain facilities and extending existing storm drain systems farther upstream to the areas of flooding.
Arvin is within either the 1% or .02% annual chance of a flood event. Much of the flooding in Arvin is characterized by a shallow sheet flow of 2 feet depth or less. Arvin adopted Chapter 15.32 Flood Management which promotes the public health and safety, and general welfare of its citizenry requiring all new development to comply with the development standards as established and may be modified from time to time.
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Figure 1-3: City of Arvin – FEMA Flood Zone Vulnerability & Exposure Snapshot – Excerpt from 2020 Kern MJHMP
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Dam Inundation
Dams are man-made structures built for a variety of uses including flood control, power, agriculture, water supply, and recreation. When dams are constructed for flood control, they usually are engineered to contain a flood with a computed risk of occurrence. Dam failures can result from any one or a combination of causes, including prolonged periods of rainfall and flooding; earthquake; inadequate spillway capacity resulting in overtopping; or internal erosion caused by embankment or foundation leakage or piping. Dams can fail at any time of year, but the results are most catastrophic when the dams fill or overtop during winter or spring rain/snowmelt events. The onset time of dam failure depends on the type of failure. If the dam is inspected regularly then small leaks allow for adequate warning time. Once a dam is breached, however, failure and resulting flooding occurs rapidly. Although there are several dams that have the ability to affect Kern County in the event of failure, the potential for significant flooding associated with dam inundation to occur within Arvin has not been identified. Dam inundation maps for Lake Isabella, the largest reservoir in the County, indicate that flooding from dam failure would not extend into Arvin.
Levee Failure
Levee’s are designed to protect against a certain level of flooding. However, levees can and do decay over time and can also be overtopped, or even fail during large floods. According to the 2012 Kern Multi Jurisdiction Hazard Mitigation Plan (Kern MJHMP) Figure 4.32, Kern County Levee Location Map, there are no levees located within Arvin or the surrounding area. The Kern MJHMP identifies the likelihood of a levee failure as low with limited affects to Kern County in the event of a levee failure, with the exception of Bakersfield. However, the Friant-Kern Canal, which is located west of the City’s western boundary, serves as a levee structure. The Friant-Kern Canal is under the jurisdiction of the U.S. Department of the Interior Bureau of Reclamation. Although unlikely, the canal levee could fail if overtopped. In the event the canal is breached, runoff would spread out and flow into the City of Arvin from the east. No flows have overtopped the canal levee since its opening in 1953, but water has ponded near the top of the levee.
HAZARDOUS MATERIALS
The California Code of Regulations defines a hazardous material as a substance that, because of physical or chemical properties, quantity, concentration, or other characteristics, may either (1) cause an increase in mortality or an increase in serious, irreversible, or incapacitating, illness or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. Hazardous waste is hazardous materials that no longer have practical use, such as substances that have been discarded, discharged, spilled, contaminated, or are being stored prior to proper disposal. A hazardous materials incident involves the uncontrolled release of a hazardous substance during storage, use, or transport.
In addition, the California Legislature has passed a law, 65962.5(a) of the Government Code, which requires persons applying for development projects to review a listing of all hazardous waste sites. If the site of your proposed development project is included on the list of hazardous waste sites (Kern County Cal/EPA below), then it shall be noted. Please review the website “htpp://envirostor.dtsc.ca.gov” type in Arvin, CA for most recent listing.
The State’s Accidental Release Prevention Law provides consistency with Federal laws (i.e., the Emergency Preparedness and Community Right-to-Know Act and the Clean Air Act) regarding accidental chemical releases and allows local oversight of both the State and Federal programs. State and Federal laws are similar in their requirements; however, the California threshold planning quantities for regulated substances are lower (stricter) than the Federal quantities. Local agencies may set lower reporting thresholds or add additional chemicals to the program. The Accidental Release Prevention Law is
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implemented by the Certified Unified Program Agencies (CUPAs) and requires that any business utilizing a greater quantity of a regulated substance than the specified threshold quantity, register with the responsible CUPA as a manager of regulated substances and prepare a Risk Management Plan.
A Risk Management Plan must contain an off-site consequence analysis, a five-year accident history, an accident prevention program, an emergency response program, and a certification of the truth and accuracy of the submitted information. Businesses submit their plans to the CUPA, which makes the plans available to emergency response personnel. The Business Plan must identify the type of business, location, emergency contacts, emergency procedures, mitigation plans, and chemical inventory at each location.
Under CUPA, site inspections of these hazardous materials programs (above ground storage tanks, underground storage tanks, hazardous waste treatment, hazardous waste generators, hazardous materials management and response plans, and the California Fire Code) are consolidated and accomplished by a single inspection. In addition, this program provides emergency response to chemical events to furnish substance identification; health and environmental risk assessment; air, soil, water, and waste sample collection; incident mitigation and cleanup feasibility options; and on-scene coordination for state superfund incidents. The program also provides for the oversight, investigation, and remediation of unauthorized releases from underground tanks.
The CUPA for the City of Arvin is Kern County’s Environmental Health Services Department. The Environmental Health Services Department (EHSD) was established in 1989 by the Board of Supervisors.
The EHSD’s Hazardous and Solid Waste Division is designed to protect the public health and the environment in the areas of hazardous material and waste surveillance and enforcement, radiological health, vector control, solid waste and infectious waste. Legal authority for these programs is provided by a variety of state and local statutes including the California Health and Safety Code and the California Code of Regulations, which designates the EHSD as the Local Enforcement Agency for the California Integrated Waste Management Board.
Kern County Environmental Health Division, Hazardous Materials Emergency Response program serves to protect the residents of Kern County by responding to hazardous materials emergencies. The first responders perform health and environmental safety assessments, substance identification and monitoring as part of an interagency Emergency Response team as well as provide and oversee investigation and cleanup of incidents activities.1
Transportation of Hazardous Materials
Hazardous substance incidents could occur in Arvin due to the presence of highways and railways. The transport of hazardous materials may occur along the San Joaquin Valley Railroad spur and/or Hwy 223 (Bear Mountain Blvd.) which traverse the City. In the event of train derailment, hazardous materials transported on the rail line could be released impacting adjacent development and properties. Given the City’s reliance on groundwater, the potential release of hazardous materials could migrate into the groundwater aquifer, potentially contaminating the City’s drinking water supply.
Transportation of hazardous materials/wastes is regulated by California Code of Regulations (CCR) Title
26. The United States Department of Transportation (DOT) is the primary regulatory authority for the interstate transport of hazardous materials. The DOT establishes regulations for safe handling procedures (i.e., packaging, marking, labeling, and routing). The CHP and Caltrans enforce Federal and State regulations and respond to hazardous materials transportation emergencies. Emergency responses are coordinated as necessary between Federal, State, and local governmental authorities and private persons through a State Mandated Emergency Management Plan.
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Hazardous Materials Sites
Hazardous materials can be found in certain businesses in Arvin including production or service processes, which generate hazardous waste. These businesses include automotive services, dry cleaners, photo processing, printing lithography, and medical services. The Kern County EHSD is responsible for the remediation of the Underground Storage Tanks through alternatives including soil washing, vapor extraction, bioremediation, and pump and treat of the contaminated groundwater. Remediation alternatives would provide benefits of no contamination of groundwater and soil. Facilities handling moderately and extremely hazardous materials have a greater chance of significant onsite and offsite consequences if the hazardous materials are released. The last inspection date and category are used to determine inspection priority and frequency, respectively.
Hazardous Waste
Hazardous waste is waste with properties that make it dangerous or potentially harmful to human health or the environment. Residential Hazardous Wastes are products purchased for use in or around the home, that when improperly discarded, may threaten human health or the environment including household cleaners; deodorizers; personal hygiene products; pesticides; herbicides; insecticides; pet care products; paint products; photographic chemicals; swimming pool chemicals; and automotive products & fluids.2 Business Hazardous Waste is generated during the course of operating a business including schools, government agencies, churches, farms, landlords, property managers, ranches, non-profit organizations as well as conventional businesses. Kern County area landfills do not accept hazardous waste. However, households may bring residential hazardous wastes to one of three County Special Waste facilities or hazardous waste collection events in the county, while businesses that generate hazardous waste are required by state and federal law to contract with registered hazardous waste transporters and disposers. The Kern County Special Waste Facilities serve the hazardous waste disposal needs of Kern County businesses including within the City of Arvin. The Conditionally Exempt Small Quantity Generator (CESQG) Program allows eligible businesses to bring hazardous waste to one of three Special Waste Facilities serving Kern County.
State and Federal Laws limit the use of this type of program to businesses that qualify as a CESQG.
Businesses generating larger amounts are required to use a licensed hazardous waste hauler to manifest and transport their waste. Historical accumulations of waste may require the services of a licensed hazardous waste hauler.
OIL WELLS – SITE DEVELOPMNET ADJACENT TO AND OVER ABANDONED OIL
AND GAS WELLS
Oil Well Hazards
The City of Arvin has several active and abandoned Oil and Gas Wells within its jurisdiction and within its Sphere of Influence. Issues related to oil well productions include occasional spills of crude oil and groundwater contamination. More long-term issues involve the decommissioning of the oil wells, abandonment of the wells and development of the area after it is no longer used as an oil well.
Wells must be vented to the atmosphere and plugged for several hundred feet with cement or claybased mud according to the specification in the Hazards exist for both active and abandoned oil wells. Potential hazards from active oil wells include potential soil and groundwater contamination, as well as the release of methane gas. The abandonment of oil wells falls with the jurisdiction of the California Department of Conservation; Geologic Energy Management Division, CalGEM. The California Geologic Energy Management
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Division (CalGEM) prioritizes protecting public health, safety, and the environment in its oversight of the oil, natural gas, and geothermal industries, while working to help California achieve its climate change and clean energy goal. Oil wells are subject to regulation and oversight by CalGEM.
Additionally, CalGEM provides regulations regarding the placement of structures on abandoned oil well sites. Abandoned wells must be vented to the atmosphere and plugged. A well is plugged by placing cement in the well-bore or casing at certain intervals as specified in California laws or regulations (Abandonment/Reabandonment Guidelines) published by and regulated by the California Department of Conservation; Geologic Energy Management Division, CalGEM.
Construction Site Well Review Program:
Prior to the development of lands where abandoned or activity wells exist, the City will contact the California Department of Conservation; Geologic Energy Management Division, CalGEM, for assistance in the development review process. The CalGEM is charged with implementing Section 3208.1 of the Public Resources Code (PRC). As a result, the Division developed the Construction Site Well Review Program to assist local permitting agencies in identifying and reviewing the status of oil or gas wells located near or beneath proposed structures.
Before issuing building or grading permits, local permitting agencies review and implement the Division’s preconstruction requirements. Interaction between local permitting agencies and the Division helps resolve land-use issues and allows for responsible development in oil and gas fields.
California Public Resources Code Section 3208.1 intent is to prevent, as far as possible, damage to life, health, and property. The operator responsible for plugging and abandoning deserted wells under Section 3237 shall be responsible for the abandonment as provided in Section 3208.1(a).
FIRE HAZARDS
Wildland Fires
A wildland fire is a large destructive fire that spreads quickly over woodland or brush. The California Department of Forestry and Fire Protection (CAL FIRE) conducts fire hazard severity mapping including mapping areas of significant fire hazards based on fuels, terrain, weather, and other relevant factors. These zones, referred to as Fire Hazard Severity Zones (FHSZ), define the application of various mitigation strategies to reduce risk associated with wildland fires. According to the Kern County Fire Hazard Severity Zone (FHSZ) map, there are no Fire Hazard Severity Zones (FHSZ) located within the Arvin Planning Area.
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Structure Fires
There is the potential for Arvin to experience structure fires, including homes, industrial and commercial buildings, and other facilities. Many fires are related to human behavior or buildings that do not meet current fire regulations. Fires vary in terms of their potential threat to life and property. Areas with older buildings and deteriorated structures tend to have higher fire hazards. Generally, the risk of injury and damage is greater for higher occupancy structures, such as apartment buildings, hotels, hospitals, and
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churches. Land use considerations affect fire potential, as industrial and commercial areas tend to have higher risks of fire associated with operations. Consideration for fire protection in the City also involves adequate access for fire and emergency response as new areas develop within the Planning Area.
AIRPORT OPERATIONS
The nearest public use airport is the Bakersfield Municipal Airport which is located approximately 18 miles to the northwest, and the nearest private airport is the agricultural (crop dusting) landing strip located approximately a quarter mile to the southwest of the city limits.
EMERGENCY SERVICES, PREPAREDNESS, AND RESPONSE
Fire Protection Services
The City of Arvin provides fire prevention, fire protection, emergency medical services, and related services through a contract with the Kern County Fire Department (KCFD). Other Fire Department functions include hazardous materials mitigation, public education and training, arson investigation, air operations, and apparatus maintenance. The Department provides service to Arvin and the surrounding area from Station 54 located at 301 Campus Drive in Arvin (Figure II-3). KCFD employs more than 625 permanent staff, and serves an area spanning more than 8,000 square miles and a population of more than 500,000. Station 54 maintains a staff of three full-time firefighters equipped with two Type 1 engines and one Type 4 FWD Watershed Patrol. In the event that additional personnel are needed to address an emergency, Station 51 is located in Lamont approximately 6.2 miles to the northwest.
Fire Prevention
The fire prevention inspection program consists of Title 19 mandatory inspections, miscellaneous or permit inspections and the Company Fire inspections which are completed by fire station personnel.3 Arvin utilizes its Municipal Code to promote public safety and welfare and to prescribe regulations governing conditions hazardous to life and property from fire or explosions by the adoption of minimum fire prevention standards.
Police Protection Services
The Arvin Police Department is a full-service department with a variety of specialties and community services. The Police Department strives to work as partners with the community to serve and protect. They provide law enforcement services that focus on building the quality of life of citizens and visitors in the City through proactive problem solving, fair and equitable police services, and utilizing resources effectively. The Police Department ensures public safety in the community by responding to all crimerelated matters, hazardous situation incidents, neighborhood disputes, and suspicious activities.
The City’s public safety services include Administration, Animal Control, Dispatch, Patrol, School Resources Officer. The Traffic Division is dedicated to keeping citizens safe in the City whether they are driving, biking, or walking by incorporating traffic education through enforcement, seminars at local schools to educate students on the rules of the roadway and to conduct traffic collision investigations. The Police Department School several community programs including the Police Explorer Program that allows community members to experience first-hand how the department functions and what it takes to get started in a law enforcement career and the Citizen Volunteer Program in which volunteers donate their time assisting patrol officers or attending special events.
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Emergency Medical Services
The Emergency Medical Services Department (EMS) is the lead agency for the emergency medical services system in Kern County. In Kern County, the Board of Supervisors designated the EMS Department as the Local EMS Agency. The Kern County Ambulance Ordinance, which governs the majority of the prehospital systems in the County, was adopted by the Board of Supervisors in November 1990, and became effective on February 28, 1991. As a result of this ordinance and the subsequent regulations, the EMS System in Kern County became more structured and included, for the first time, measurable standards for the response of paramedic level of care to the citizens of Kern County during an emergency. EMS is responsible for coordinating all system participants in the County. Participants include the public, fire departments, ambulance companies, other emergency service providers, hospitals, and EMT training programs. EMS also provides certification and re-certification for EMT's, paramedics, specialized nurses, and specialized dispatchers.
EMS includes a system of services organized to provide rapid response to serious medical emergencies, including immediate medical care and patient transport to definitive care in an appropriate hospital setting. While most EMS responses are day-to-day emergencies, EMS agencies also plan and prepare for disaster medical response. In addition, EMS is becoming more and more involved with preventative health care and managed care in the overall scope of its functions. EMS includes:4 ▪ Public safety dispatch;
▪ Fire services first response and treatment;
▪ Private ground and air ambulance response, treatment and transport; ▪ Law enforcement agencies;
▪ Hospitals and specialty care centers;
▪ Training institutions and programs for EMS personnel; ▪ Managed care organizations;
▪ Preventative health care; and
▪ Citizen and medical advisory groups.
Emergency Communications Center
The Emergency Communications Center (ECC) is responsible for receiving and dispatching all fire, medical and rescue calls. The ECC receives transfers calls from 21 different law enforcement agencies and gives calls to seven different private ambulance companies with an annual call volume at approximately 86,000 calls. All calls requiring medical aid or ambulance dispatch are put through the National Academy of Emergency Medical Dispatch (EMD) protocols, insuring that all medically related calls will be processed the same way and the appropriate response is sent on every call. It also requires dispatchers to remain on the line for life threatening emergencies and give appropriate pre-arrival instructions to the caller such as CPR, the Heimlich maneuver, and childbirth. During fire season, wildland fire dispatching is a large part of ECC operations, utilizing Resource Ordering and Status System (ROSS) to ensure that responders receive the needed resources to fight wildland fires, from engines, bull dozers, hand crews, and aircraft.
Emergency Operations Center
The Emergency Operations Center (EOC) is a centralized location to support multi-agency and/or multijurisdiction disaster response coordination and communication. Unique to the State of California is the definition of an Operational Area, which includes all political subdivisions within the County boundary.
On behalf of the Kern Operational Area, the Kern County EOC will serve as the designated point of contact between the jurisdictions within the County, as well as between the State and the Operational Area. During
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an emergency, staff in the EOC will facilitate effective emergency management. The EOC supports multiagency and multi-jurisdiction coordination and communication.
Emergency Operations Plan
The Kern County Emergency Operations Plan establishes an emergency management organization and assigns functions and tasks consistent with California’s Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). The County of Kern is the lead agency for the Kern Operational Area and is tasked to coordinate emergency activities between the county, cities, and special districts and to serve as a communications link focusing on the collection, processing, and dissemination of vital disaster information. The Plan provides for the integration and coordination of planning efforts of the County/Operational Area with those of its cities, special districts and the state. The content is based on guidance provided by the California Emergency Management Agency, FEMA, and Department of Homeland Security. The intent of the Plan is to facilitate emergency response and shortterm recovery by providing a framework for response to all significant emergencies, regardless of the nature of the event. The Plan is comprised of four major parts as follows:5 ▪ Basic Plan – Overview of County/Operational Area's emergency management program, Emergency Management Organization, and concept of emergency operations. ▪ General Procedures – Emergency procedures to be implemented by employees at the time of a major emergency or disaster.
▪ Emergency Operations Center (EOC) Procedures and Annexes – EOC procedures, annex and checklists for each major EOC function, and resource and contact lists. ▪ Contingency Plans – Event-specific information and emergency instructions (e.g., Terrorism).
The Contingency Plans are separate documents that may be implemented independent of the Plan and are incorporated into the Plan by reference.
Further, Kern County’s Health and Medical Branch, comprised of EMS, Department of Public Health (DPH), Environmental Health Services (EHS) and Mental Health Services (MHS), oversees and coordinates disaster medical and mental health care and public and environmental health services on a countywide basis in the field, Department Operations Centers (DOC), and County/Operational Area (OA) Emergency Operations Center (EOC).
Terrorism Response and Recovery Plan
The Terrorism Response and Recovery Plan describes the emergency procedures that will be used in the event of a terrorist threat or incident that occurs or impacts the Kern County Operational Area (OA), which includes Arvin. This Plan is designed to establish responsibilities, and to coordinate preparedness, response, and recovery from a terrorist-initiated incident, with emphasis placed upon incidents involving Weapons of Mass Destruction (WMD). The contingency plan supplements the existing Kern County Emergency Operations Plan. It is intended to provide general guidance. Actual response will be dependent upon conditions existing at the time of the emergency, including the availability of local and mutual aid resources.
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Evacuation Routes
Currently, the City of Arvin has no defined emergency routes. SR 233 (Bear Mountain Boulevard) would serve as the primary emergency route since it bisects the City and provides an east west regional access to SR-99 and I-5 within Kern County and Sr-58 (Bakersfield-Tehachapi Hwy) to the east.
Emergency Incident Information and Notification
Kern County has implemented ReadyKern, an emergency notification system that alerts residents and businesses about natural disasters and other crises. The emergency notification system enables Kern County to provide essential information quickly in a variety of situations, such as earthquakes, severe weather, fires, floods, or evacuation of buildings or neighbourhoods. Residents and businesses with listed telephone numbers and those that register for notifications receive a message about a potential safety hazard or concern. Messages are sent to all standard voice and text communication devices, including land line phones, cell phones, and e-mail. If receipt of the message is not confirmed, the system will try to reach the second contact number or email. The system will continue trying to contact someone until it receives a confirmation.
When the EOC is activated during an emergency, the Joint Information Centre (JIC) is established to coordinate, develop, and disseminate emergency-related public information. The JIC is the central point of contact for all news media. Public information officials from all participating agencies/jurisdictions are collocated at the JIC. The news media receives regular briefings about the emergency in the Media Room adjacent to the JIC.
Drought Severity
The 2020 Kern MJMHP has identified drought as an area of concern that may impact the residents.
The following list the description of potential issues relating to drought:
1. Arvin relies entirely on groundwater, aquifer depletion resulting from drought reduces the amount of water available. This affects both public watersupplies and private wells.
2. Drought can cause significant property damage, as well as reductions in crop productivity and livestock, which results in increased cost of food production.
3. Existing City codes and regulations do not require or incentivize water conservation measures, including requiring low-flow toilets and showerheads.
The 2020 Kern MJHMP has identified several mitigation measures that may assist in the lessening of drought conditions:
1. Wind Breaks: In collaboration with Kern County, implement wind breaks to prevent wind erosion leading to soil instability and increasing risk of landslides that could shut down or reduce capacity on Highway 223. Wind break erosion mitigation examples include solid fences, porous fences, straw bales, soil surface modification, berms, and landscaping.
2. Implementation of Wind Breaks will have a long-term impact on the reduction of risk exposure for life and property, or projects will not provide an immediate reduction in the risk exposure for property.
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Establishment of Drought Reduction Programs:
The City of Arvin may establish drought reduction programs through the following:
1. Conduct wind erosion awareness outreach: outreach and educational programming to property owners and agricultural operators about wind erosion and mitigation techniques such as introducing cover crops, eliminating tillage, and avoiding over grazing. This could help avoid road closures associated with sheet flooding and landslides on roadways providing access to Arvin.
2. Develop and implement a public education campaign around water conservation
3. Adopt a new water conservation ordinance for commercial and residential land uses limiting outdoor watering
Figure 1-6: City of Arvin – Drought Severity Timeline – Middle Kern-Upper TehachapiGrapevine – Excerpt from 2020 Kern MJHMP
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GOALS AND POLICIES
This section contains goals and policies that provide for the safety and protection of life and property from the occurrence of a natural or manmade hazard. Citywide safety goals and policies apply generally to any potential hazardous event, which may be addressed further in topic-specific goals and policies.
Citywide Safety
Goal SAF-1: A community protected from and prepared for natural and man-made hazards.
Policy SAF-1.1: Support projects, programs, policies, and regulations to mitigate potential impacts associated with natural and man-made hazards.
Policy SAF-1.2: Regularly participate in the maintain and update of the Kern County Multi-Jurisdiction Hazard Maintenance Plan relevant to the Arvin Local Hazard Mitigation Plan.
Policy SAF-1.3: Support programs, policies, and regulations that discourage or limit development within areas that are vulnerable to natural disasters, particularly in areas with recurring damage.
Policy SAF-1.4: Support programs that promote greater public awareness of disaster risks, personal and business risk reduction, and personal and neighborhood emergency response.
Policy SAF-1.5: Investigate and pursue available funding sources to fund safety programs, provide services, upgrade/construct facilities, and purchase equipment.
Geologic and Seismic Hazards
Goal SAF-2: A community protected from loss of life or injury and damage to property due to geologic and seismic hazards.
Policy SAF-2.1: Continue to incorporate geotechnical hazard data in future land use decision-making, site design, and construction standards.
Policy SAF-2.2: Adopt the latest version of the building codes adopted by the State of California and ensure implementation in all new construction and renovations.
Policy SAF-2.3: Require site-specific soils and/or geologic reports for development in areas where potentially serious geologic risks exist.
Policy SAF-2.4: Monitor and enforce mitigation measures to reduce risks for projects where seismic and geologic hazards can be mitigated and prohibit development in areas where seismic and geologic hazards cannot be mitigated.
Policy SAF-2.5: Promote the upgrade, retrofitting, and/or relocation of all existing critical facilities (e.g., police and fire stations, hospitals, schools, community centers, water facilities, public works yard, emergency access routes) and other important public facilities that do not meet current building code standards and are within areas of seismic or geologic hazard risks.
Policy SAF-2.6: Continue to seek out opportunities to educate and encourage the community on ways to implement measures to mitigate potential injury and damage associated with earthquakes.
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Flood Hazards
Goal SAF-3: A community protected from loss of life or injury and damage to property due to flood hazards.
Policy SAF-3.1: Continue to work with the appropriate local, State, and Federal agencies to maintain the most current flood hazard and floodplain information and use it as a basis for project review and to guide development.
Policy SAF-3.2: Actively promote and participate in a regional drainage analysis and implementation of regional and local flood control measures to reduce regional flooding conditions within the City.
Policy SAF-3.3: Continue to participate in the National Flood Insurance Program (NFIP) and ensure that City regulations are in full compliance with the standards adopted by the Federal Emergency Management Agency (FEMA).
Policy SAF-3.4: Implement recommendations contained in the Arvin Storm Drain Master Plan that are within the City’s jurisdiction.
Policy SAF-3.5: Minimize whenever possible flood risks associated with existing development.
Policy SAF-3.6: Require evaluation of potential flood hazards prior to approval of grading permits and require floor elevation certification as required by Chapter 15.32 Flood Management.
Policy SAF-3.7: Identify construction or other methods to minimize damage if new development is located in flood hazard zones.
Policy SAF-3.8: Prohibit or require mitigation of new development within the 100-year flood zone unless it can be shown that the development will not:
▪ Create danger to life and property due to increased flood heights or velocities caused by excavation, fill, roads and intended use.
▪ Create difficult emergency vehicle access in times of flood. ▪ Create a safety hazard due to the unexpected heights velocity, duration, rate of rise and sediment transport of the flood waters at the site. ▪ Create excessive costs in providing governmental services during and after flood conditions, including maintenance and repair of public facilities. ▪ Interfere with the existing waterflow capacity of the floodway. ▪ Substantially increase erosion and/or sedimentation.
▪ Change the water storage/volume capacity of the flood basin.
Policy SAF-3.9: Require that essential public facilities be located and designed to mitigate potential flood risk to ensure long term operation.
Policy SAF-3.10: Promote low impact development techniques and design features such as pervious paving, on-site groundwater recharge, rainwater harvesting, minimization of building footprints, and bioretention to improve defensive measures against storm events and stormwater pollution.
Policy SAF-3.11: Educate property owners and residents located in flood hazard areas about opportunities to mitigate flood hazards and damage, implementation of flood
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preparation activities, and evacuation and recovery efforts associated with a flooding event.
Policy SAF-3.12: Continue to encourage and support efforts of Kern County and the Bureau of Reclamation in the proper maintenance and repairs of the Friant-Kern Canal are accomplished.
Hazardous Materials
Goal SAF-4: A community protected from the harmful effects of hazardous materials, hazardous waste, and environmental contamination.
Policy SAF-4.1: Ensure that land uses involved in the production, storage, transportation, handling, or disposal of hazardous materials are located and operated to reduce risk to other land uses.
Policy SAF-4.2: When approving new development, ensure that the site:
▪ Is sufficiently surveyed for contamination and remediation, particularly for sensitive uses near existing or former toxic or industrial sites. ▪ Is adequately remediated to meet all applicable laws and regulations, if necessary.
▪ Is suitable for human habitation.
▪ Is protected from known hazardous and toxic materials. ▪ Does not pose higher than average health risks from exposure to hazardous materials.
Policy SAF-4.3: Assist the Kern County Health Department in monitoring the operations of businesses and individuals that handle hazardous materials through the planning and business permit processes.
Policy SAF-4.4: Work with the appropriate Federal, State, regional, and local agencies to identify previously unidentified contaminated sites in the City, particularly on sites with a high likelihood of past contamination, such as old gas stations or industrial sites, and work with the property owners and applicable agencies to remediate them.
Policy SAF-4.5: Ensure the safe transport of hazardous materials through the City by:
▪ Restricting transport of hazardous materials within Arvin to designated routes. ▪ Prohibiting the parking of vehicles transporting hazardous materials on City streets.
▪ Requiring new pipelines or other channels carrying hazardous materials avoid residential areas to the greatest extent possible.
Policy SAF-4.6: Support Caltrans and California Highway Patrol efforts to ensure safe transportation of hazardous materials on SR-223 (Bear Mountain Blvd.)
Policy SAF-4.7: Assist Kern County Health Department in the education of residents and businesses on how to reduce or eliminate the use of hazardous materials and products, and encourage the use of safer, nontoxic, environmentally friendly equivalents.
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Policy SAF-4.8: Assist Kern County Health Department and the Sanitation District in raising public awareness of appropriate disposal for household hazardous waste and publicize collection events and locations.
Policy SAF-4.9: Prior to the development of lands where abandoned or activity wells exist, the City will contact the Department of Conservation; Geologic Energy Management Division, CalGEM for assistance in the development review process. The Department of Conservation; Geologic Energy Management Division, CalGEM is charged with implementing Section 3208.1 of the Public Resources Code (PRC). As a result, the Division developed the Construction Site Well Review Program to assist local permitting agencies in identifying and reviewing the status of oil or gas wells located near or beneath proposed structures.
Before issuing building or grading permits, local permitting agencies review and implement the Division’s preconstruction of well requirements. Interaction between local permitting agencies and the Division helps resolve land-use issues and allows for responsible development in oil and gas fields.
California Public Resources Code Section 3208.1 intent is to prevent, as far as possible, damage to life, health, and property. The operator responsible for plugging and abandoning deserted wells under Section 3237 shall be responsible for the reabandonment as provided in Section 3208.1(a).
Fire Hazards
Goal SAF-5: A community protected from loss of life or injury and damage to property due to fire hazards.
Policy SAF-5.1: Continue to coordinate fire protection services with Kern County Fire Department to ensure sufficient capacity, stations, personnel, and equipment are available to meet growth needs in Arvin for fire protection and related emergency services.
Policy SAF-5.2: Ensure adequate water supply and water pressure is provided throughout the City for firefighting purposes.
Policy SAF-5.3: Ensure all new development provides adequate access for emergency vehicles and evacuation.
Policy SAF-5.4: Regularly update building and fire codes to provide for fire safety design.
Policy SAF-5.5: Promote public safety education programs to reduce accidents, injuries, and fires, as well as to train members of the public to respond to emergencies.
Policy SAF-5.6 Investigate the development and adoption of Fire Impact Fees to off-set the increase cost of fire protection.
Policy SAF-5.7 Enforce and maintain weed abatement and brush clearance programs to reduce Fire hazards to developed property in the immediate vicinity of vacant undeveloped land.
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Emergency Services, Preparedness, and Response
Goal SAF-6: A community prepared to provide effective response and recovery efforts in the event of an emergency.
Policy SAF-6.1: Continue to implement emergency preparedness and response measures in coordination with Kern County’s Emergency Operations Plan.
Policy SAF-6.2: Participate in Kern County trainings on emergency operations procedures and response.
Policy SAF-6.3: Support policies and programs that ensure adequate resources are available to respond to health, fire, and police emergencies.
Policy SAF-6.4: Investigate and seek out opportunities to improve emergency access and circulation throughout the community.
Policy SAF-6.5: As in the development of and provide residents and businesses with information about local safety hazards and emergency plans, including evacuation plans and procedures to accommodate special needs populations and efficient post-disaster recovery.
Policy SAF-6.6: Support policies and programs to involve and educate the community in emergency preparedness.
Policy SAF-6.7: Collaborate with the school district, businesses, nonprofit organizations, and community members/groups to maintain safety throughout the City.
Policy SAF-6.8: Involve the Police Department in the development review process to address safety concerns, access issues, and potential traffic conflicts, and identify opportunities to apply Crime Prevention Through Environmental Design (CPTED) principles.
Drought Severity
Goal SAF-7: Create educational and drought reduction programs to assist in the avoiding drought.
Policy SAF-7.1: Continue the implementation of the Arvin Municipal Codes Chapter 15.38 Water Efficient Landscape Regulations: Chapter 15.36 Water Conservation, Section
15.36.030 Landscaping, and the State of California Chapter 2.7. Model Water Efficient Landscape Ordinance (MWELO).
Policy SAF-7.2: Require Certificate of Compliance from Licensed Landscape Architects or other qualified professionals for the preparation of Irrigation Plans, Landscape Plans, and Selections of plants and trees (Landscape Documentation Plans) Policy SAF-7.3: Required the Certification of Installation According to the Landscape Documentation Package and Irrigation Plan prior to the issuance of Certificate of Occupancy for new construction.
Policy SAF-7.4: Cooperate with Kern County in the development of and implementation of wind breaks to prevent wind erosion leading to soil instability and increasing risk of landslides that could shut down or reduce capacity on Highway 223.
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Wind break erosion mitigation examples include:
1. solid fences,
2. porous fences,
3. straw bales,
4. soil surface modification,
5. berms, and
6. landscaping.
Policy SAF-7-5: Develop and implement a public education campaign around water conservation Policy SAF-7.6: Adopt new water conservation ordinance for commercial and residential land uses limiting outdoor watering
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CITY OF ARVIN
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INTENTIONAL BLANK PAGE
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Kern County
Multi-Jurisdiction Hazard Mitigation Plan
CITY OF ARVIN (AR.)
Municipal Participating Jurisdiction Annex
Adoption Record......................................................................................................................................................................................iv Section 1. City of Arvin..........................................................................................................................1-1
1.1 Purpose.................................................................................................................................................................................................1-1
1.2 Planning Methodology ..................................................................................................................................................................1-1
1.3 What’s New........................................................................................................................................................................................1-2
1.4 Risk Assessment ............................................................................................................................................................................1-3
1.4.1 Hazard Screening Criteria .................................................................................................................................................1-3
1.4.2 Hazard Risk Ranking........................................................................................................................................................... 1-5
1.4.3 Vulnerability Assessment.................................................................................................................................................1-6
1.4.4 Identify Hazard Problem Statements......................................................................................................................... 1-15
1.5 Mitigation Strategy ..................................................................................................................................................................... 1-20
1.5.1 Capabilities Assessment ................................................................................................................................................. 1-20
1.5.2 Mitigation Actions..............................................................................................................................................................1-25 List of Figures
Figure 1-1 City of Arvin Location ....................................................................................................................................................1-2 Figure 1-2. New SSCSD Office.....................................................................................................Error! Bookmark not defined.
Figure 1-3: City of Arvin Risk Assessment..................................................................................................................................1-7 Figure 1-4: City of Arvin – FEMA Flood Zone Vulnerability & Exposure Snapshot....................................................1-8 Figure 1-5: City of Arvin – EQ S. San Andreas Mojave N. Vulnerability & Exposure Snapshot.............................1-9 Figure 1-6: City of Arvin – Subsidence Vulnerability & Exposure Snapshot .............................................................. 1-10 Figure 1-7: City of Arvin – Drought Severity Timeline – Middle Kern-Upper Tehachapi-Grapevine ...............1-11 Figure 1-8. Guidance for Problem Statements ........................................................................................................................ 1-15 Figure 1-11. Mitigation Action Key................................................................................................................................................1-25
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List of Tables
Table 1-1: Planning Committee Members.................................................................................................................................... 1-1 Table 1-2. Hazard Prioritization ...................................................................................................................................................... 1-4 Table 1-3 Document Review Crosswalk .......................................................................................................................................1-5 Table 1-4: NFIP Status Table...........................................................................................................................................................1-14 Table 1-5 Problem Statements........................................................................................................................................................1-16 Table 1-6. Planning and Regulatory Capabilities Summary...............................................................................................1-21 Table 1-7. Administrative and technical capabilities summary ..................................................................................... 1-22 Table 1-8. Financial capabilities summary .............................................................................................................................. 1-23 Table 1-9. Education and outreach capabilities summary ................................................................................................1-24 Table 1-10. City of Arvin Mitigation Actions............................................................................................................................ 1-27 Adoption Record
To comply with DMA 2000, the County Board of Supervisors and participating jurisdictions have officially adopted this Kern County Multi-Jurisdictional Hazard Mitigation Plan Volume 1 and Volume 2. The adoption of the MJHMP in its entirety recognizes the jurisdictions’ commitment to reducing the impacts of natural hazards within the County and Cities. See below record of adoption.
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Section 1. City of Arvin
1.1 Purpose
This Annex details the hazard mitigation planning elements specific to the City of Arvin. This Annex is not intended to be a standalone document but appends to and supplements the information contained in the umbrella plan document. As such, all sections of the umbrella plan, including the planning process and other procedural requirements apply to and were met by the City of Arvin. This Annex provides additional information specific to the City of Arvin, with a focus on providing additional details on the planning process, risk assessment, and mitigation strategy for this community.
Hazard Mitigation Plan Point of Contact
Primary Point of Contact Alternate Point of Contact
Christine Viterelli, Grant Writer
City of Arvin
200 Campus Dr,
Arvin, CA 93203
Telephone: (661) 854-3134
e-mail Address: [email protected]
Cecilia Vela, City Clerk
City of Arvin
200 Campus Dr,
Arvin, CA 93203
Telephone: (661) 854-3134
e-mail Address: [email protected]
1.2 Planning Methodology
The City of Arvin followed the planning process detailed in Volume 1, Section 3, including participating in the County Hazard Mitigation Planning Committee (HMPC) and Steering Committee and formulating their own internal planning team to support the broader planning process. Internal planning participants, their positions, and how they participated in the planning process are shown in Table 1-1.
Table 1-1: Planning Committee Members
Planning Committee Members Department
Christine Viterelli Grant Writer
Cecilia Vela City Clerk
Jerry Breckinridge City Manager
Olan Armstrong Lieutenant
Pawan Gill Director of HR and Administrative Services
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Figure 1-1 City of Arvin Location
1.3 What’s New
The City of Arvin has been making improvements toward reducing natural hazard risks to life and property since the existing MJHMP was adopted. The City reevaluated previous mitigation actions, including considerations of progress made on mitigation efforts, and retained them as pending or ongoing; no tables for completed or cancelled mitigation actions are included. Ongoing and pending mitigation actions are described in Table 1-9.
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1.4 Risk Assessment
The intent of this section is to profile the City of Arvin’s hazards and assess the City’s vulnerabilities, distinct from that of the County wide planning area. The hazard profiles in Volume 1 discuss overall impacts to the planning area and describes the hazard problem description, hazard extent, magnitude/severity, previous occurrences of hazard events and the likelihood of future occurrences. For more information on Risk Assessment Methodologies, see Vol. 1 and Appendix A.
1.4.1 Hazard Screening Criteria
Planning Team members from each participating jurisdiction collectively discussed which hazards should be profiled in the Plan and which should not. The results of that discussion can be found in Table 1-2.
Detailed hazard profiles of the most significant County wide hazards are described in Section 4 of Volume 1. The Planning Team reviewed previously-prepared hazard mitigation plans and other relevant documents to determine the realm of natural hazards that have the potential to affect the City of Arvin.
Table 1-3 provides a crosswalk of hazards identified in Vol. 1 of this plan, the City of Arvin General Plan, and 2018 California State Hazard Mitigation Plan. The crosswalk was used to develop a preliminary hazards list, providing a framework for the Planning Team members to evaluate which hazards were truly relevant to the City of Arvin and which ones were not. Section 1.4.2 below describes the hazard risk ranking process that was performed by the planning team which prioritized hazards that are specifically relevant to the City of Arvin.
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Table 1-2. Hazard Prioritization
Hazard Type Explanation
Climate Change High priority county wide, profiled as part of Flood, Wildfire, and Severe Weather hazard.
Dam failure High priority county wide, profiled hazard.
Drought High priority county wide, profiled hazard
Dust Storms High priority county wide; profiled as part of Severe Weather Earthquake/ Geologic Hazards High priority county wide, profiled hazard Extreme Heat Profiled as part of Severe Weather hazard
Extreme Cold Extreme cold is rare in Kern County and not profiled in this plan Flood High priority county wide, profiled hazard
Hail Hail events are rare in Kern County and not profiled in this plan Fog While fog events do occur within Kern County, they are rare and are not considered a priority
Hazardous Material While hazardous materials can release and impact the County, there are better avenues to address this hazard outside this Plan.
High Winds/ Straight Line Winds High priority county wide, profiled as part of Severe Weather Insect Hazards While insects including Africanized honey bee and pine bark beetle exist in Kern County, this was not considered a priority and pests are not profiled in this plan
Levee Failure High priority county wide, profiled as part of Dam Failure Lightning Lightning was not identified as a priority for this plan.
Pandemic Disease While pandemic disease can impact the County, there are better avenues to address this hazard outside this plan.
Radon This hazard was not identified as a priority
Severe Thunderstorm Severe thunderstorms are rare in Kern County and not profiled in this plan.
Slope Failure High priority county wide, profiled hazard Soil Hazards High priority county wide, profiled hazard Terrorism/Human Caused Threats While terrorism is certainly a threat to the County and participating jurisdictions, it is best addressed in other plans as this HMP does not address human caused threats.
Tornado Impacts to the County from tornados are extremely unlikely, if any.
Volcanic Activity Due to distance from volcanoes and the limited chance of an eruption, this hazard was not identified as a priority.
Wildfire High priority county wide, profiled hazard
Winter Storm / Freeze Events Profiled as part of Severe Weather hazard
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Table 1-3 Document Review Crosswalk
Hazards
2014 Kern County
MJHMP
2012 Arvin
General Plan
2009 Kern County
General Plan
2018 California State
HMP
Agricultural Pests ■ ■
Climate Change ■ ■ ■
Dam Failure ■ ■ ■
Drought ■ ■
Earthquake ■ ■ ■
Flood ■ ■ ■ ■
Insect Hazards ■
Landslide ■ ■ ■
Levee Failure ■ ■
Manmade Hazards ■ ■
Pandemic Disease ■ ■
Sea Level Rise ■
Severe Weather ■ ■
Soil Hazards ■ ■ ■
Terrorism & Tech Hazards ■
Tsunami ■
Volcano ■ ■
Wildfire ■ ■ ■
1.4.2 Hazard Risk Ranking
The City of Arvin’s Planning Team used the same hazard prioritization process as the Kern County Planning Committee. This process is described in detail in Section 4.3.1 of Vol. 1. Figure 1-2 displays the results of the hazard risk ranking exercise that was performed by the Planning Team. The Planning Team chose to assess the City of Arvin’s vulnerability to the following hazards:
▪ flood ▪ drought
▪ earthquake ▪ soil stablility
All of these hazards have been profiled in Vol. 1 of this document. The purpose of this annex to specifically address the City of Arvin’s vulnerability to these specifically-identified hazards.
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1.4.3 Vulnerability Assessment
Assessing vulnerabilities exposes the unique characteristics of individual hazards and begins the process of narrowing down which areas within the City of Arvin are vulnerable to specific hazard events. The vulnerability assessment considered unique local knowledge of hazards and impacts and a GIS overlaying method for examining such vulnerabilities more in depth. Using these methods, participating jurisdictions estimated vulnerable populations, infrastructure, and potential losses from hazards.
1.4.3.1 Risk Assessment
Each participating jurisdiction developed a risk matrix that assessed the probability and impact of various hazards within the jurisdiction. Figure 1-2 is the jurisdiction’s risk assessment, which was completed in part using the web based and interactive Risk Assessment Mapping Platform (RAMP), accessed via the project website at www.mitigatehazards.com. RAMP allows interactive discovery of robust risk, vulnerability, and exposure data developed especially for Kern County. RAMP is a mapping platform built specifically for mitigation planning. It displays County/jurisdiction facilities and buildings overlaid with natural hazards layers to bring interactivity and individual discovery to the GIS analysis performed for the MJHMP. See Vol. 1 for a detailed description of RAMP. The Planning Team used RAMP in meetings and as needed to understand vulnerabilities to the City of Arvin. Users interactively filter facilities and buildings by natural hazard zones and/or construction characteristics.
1.4.3.2 Snapshot Exposure Maps
The included snapshot maps, displayed below in Figure 1-3 through Figure 1-6 illustrates the City of Arvin’s vulnerability to specific hazards. Figures include:
▪ Figure 1-3: City of Arvin – FEMA Flood Zone Vulnerability & Exposure Snapshot ▪ Figure 1-4: City of Arvin – EQ S. San Andreas Mojave N. Vulnerability & Exposure Snapshot ▪ Figure 1-5: City of Arvin – Subsidence Vulnerability & Exposure Snapshot ▪ Figure 1-6: City of Arvin – Drought Severity Timeline – Middle Kern-Upper Tehachapi-Grapevine Based on the above risk assessment, the snapshot maps focus on those hazards prioritized by the jurisdiction. These maps helped the Planning Team understand the exposure of population, parcels, and critical infrastructure to specific hazards. Each map contains an exposure summary that displays the percent of the population, the improvement and content value of parcels, and the amount of critical infrastructure that is exposed to each respective hazard.
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Figure 1-2: City of Arvin Risk Assessment
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Figure 1-3: City of Arvin– FEMA Flood Zone Vulnerability & Exposure Snapshot
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Figure 1-4: City of Arvin – EQ S. San Andreas Mojave N. Vulnerability & Exposure Snapshot
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Figure 1-5: City of Arvin– Subsidence Vulnerability & Exposure Snapshot
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Figure 1-6: City of Arvin – Drought Severity Timeline – Middle Kern-Upper Tehachapi-Grapevine
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1.4.3.3 Past and Future Development
The City of Arvin is a general law city that crafts its own development regulations and is subject to State law. Future development is subject to compliance with state and local planning, zoning, subdivision, and architecture laws.
The City of Arvin’s General Plan (GP) establishes long-range development policies. The GP is designed to help the City address issues related to land use, circulation (traffic), housing, open space, conservation, noise, and safety. The Land Use portion of the plan helps guide the City in determining the location of future development(s), including possible future annexation. In addition to the GP, the City has other plans that guide development in specific areas, including specific plans, policy plans, and master plans. These plans help to shape future development and dictate the City’s Sphere of Influence (SOI). One of the central functions in these planning documents is to decrease risk of impact from natural hazards.
Development since Previous HMP
While growth has occurred in hazard areas in the past, increasing hazard risks to some degree, those risks are also decreased by development standards and plan requirements that serve to mitigate or avoid those risks. Most recently, development since the last HMP has not increased hazard vulnerability for the City of Arvin. Problematic development generally occurred many decades ago; therefore, this HMP Annex has not been revised to reflect any substantial changes in past development and instead focuses on avenues to better mitigate impacts from problematic past development in the 1970’s and earlier.
Future Development
City of Arvin is required to update building codes to meet the minimum standards to those required in the California Building Code last updated in 2019. California Building Codes provide some of the safest construction standards in the world and are meant to reduce risk to occupants from high wind, seismic activity, landslides, flood, wildfire, and other natural hazards. In addition to California minimum develop standards, all jurisdictions belong to the NFIP, as such, all development must meet minimum flood protection standards set forth by FEMA. See Section 4.3.5 of Volume 1 for more information about past and future development in Kern County.
As the General Plan is updated and incorporates information from this HMP, City of Arvin staff are continually improving hazard information through these hazard mitigation plan updates. With this 2020 update, improved online mapping about natural hazards available on RAMP will inform those responsible for future development to make better decisions where and how future development occurs.
City of Arvin reviewed its general plans under the capability assessments undertaken for this hazard mitigation plan. See Section 1.5.1. Deficiencies revealed by these reviews are identified as mitigation actions to decrease risks to move beyond past trends.
The City’s municipal codes includes regulations to mitigate the impact of hazards on new and existing development, including:
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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▪ Drainage and stormwater retention requirements,
▪ Steep slope restrictions for new development,
▪ Waterbody buffer requirements,
▪ Floodplain management regulations,
▪ Zoning that prevents development in hazardous areas of the community such as floodplains, landslide areas, the wildland-urban interface (WUI), or other known hazard areas, and ▪ Building codes that include the most up-to-date California Fire Code, seismic standards, and many other provisions crafted to protect new construction from hazard events.
Even in the event that limited development did occur within a hazard area, the municipal code should ensure impacts from a hazard event are mitigated and losses are minimal. If development does occur in hazard areas, evacuation and emergency planning should take into consideration the anticipated local impacts of the hazard event, including potential interrupted services or the elimination of access.
The anticipated growth in the City will not cause significant change in vulnerability to the City for identified priority hazards.
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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National Flood Insurance Program (NFIP)
The NFIP makes federally backed flood insurance available to homeowners, renters, and business owners in participating communities. FEMA has prepared a detailed Flood Insurance Study (FIS) for Kern County and municipalities. The study presents water surface elevations for floods of various magnitudes, including the 1-percent annual chance flood and the 0.2-percent annual chance flood (the 500-YR flood).
Base flood elevations and the boundaries of the 100- and 500-YR floodplains are shown on Flood Insurance Rate Maps (FIRMs), which are the principle tool for identifying the extent and location of the flood hazard.
FIRMs are the most detailed and consistent data source available, and for many communities they represent the minimum area of oversight under their floodplain management program. See Section 4 of Volume 1 for general information on the NFIP.
The City of Arvin has participated in the NFIP since 1988. The City of Arvin is currently in good standing with the provisions of the NFIP. Compliance is monitored by FEMA regional staff and by the California Department of Water Resources under a contract with FEMA. Maintaining compliance under the NFIP is an important component of flood risk reduction. See Table 1-4 for more information on the City’s policies and historic flood insurance claims.
Table 1-4: NFIP Status Table
NFIP Status Participating since 1/13/1988
Policies in Force 1033
Policies in SFHA 1012
Policies in non-SFHA 21
Total Claims Paid 12
Paid Losses $ 546
Repetitive Loss Properties 0
Severe Repetitive Loss Properties 0
Repetitive Loss Payment by NFIP on Building N/D
Repetitive Loss Payment by NFIP on Contents N/D
Note: N/D signifies no data.
See Volume 1, Section 4.5 for more information on the NFIP.
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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1.4.4 Identify Hazard Problem Statements
As part of the mitigation action identification process, the Planning Committee for each jurisdiction identified areas of concern (aka problem statements) for their respective facilities based on the risk assessment and vulnerability analysis, utilizing the RAMP mapping and static snapshot maps. Problem statements focused on the impact, victim, or threat that the hazard could create in the jurisdiction, as described in Figure 1-7. Identifying common issues and weaknesses through these problem statements assisted the Planning Committee in understanding the realm of resources needed for mitigation.
Jurisdiction problem statements are listed in Table 1-5.
The goal is to have at least one mitigation action for every problem statement. Projects or actions have been developed to mitigate each problem identified. See Table 1-10 for a full list of mitigation actions and corresponding problem statements that they address. Each problem statement is coded with a problem number for cross-referencing between Table 1-5 and Table 1-10.
Figure 1-7. Guidance for Problem Statements
IMPACT
Casualties
Property Damage
Business Interruption
Financial Loss
Environmental Contamination
VICTIM
School Children in Hazard High
Hazard Areas
Care Facilities in High Hazard
Area
Vulnerable Population Exposed to
hazards
THREAT
Increased Fuels due to drought
Hotter, drier climates
More Intense Storms
Impervious surfaces = greater
runoff
Increases of Invasive Species
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Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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Table 1-5 Problem Statements
Problem
No.
Hazard Area of
Concern
Mitigation
Alternatives
Primary
Agency
Problem Description Related MA
ps-DR-AR510Drought Impact NRP - Natural
Resource
Protection
City of
Arvin
Because Arvin relies entirely on
groundwater, aquifer depletion
resulting from drought reduces amount
of water available. This affects both
public water supplies and private wells.
ma-DR-AR563
ps-DR-AR511Drought Impact NRP - Natural
Resource
Protection
City of
Arvin
Drought can cause significant property
damage, as well as reductions in crop
productivity and livestock, which
results in increased cost of food
production.
ma-DR-AR563
ps-DR-AR512Drought Victim NRP - Natural
Resource
Protection
City of
Arvin
Residents, businesses, and the
agricultural industry (which is
essential to the local economy).
ma-DR-AR563
ps-DR-AR513Drought Threat PRV -
Prevention
City of
Arvin
Existing City codes and regulations do
not require or incentivize water
conservation measures, including
requiring low-flow toilets and
showerheads.
ma-DR-AR564, ma-EQAR-565
ps-EQ-AR514Earthquake Impact SP - Structural
Projects
City of
Arvin
Older construction and particularly
unreinforced masonry (URM) buildings
pose hazards during earthquakes.
ma-EQ-AR565, ma-EQAR-566, maEQ-DL-84
ps-EQ-AR515Earthquake Impact PPRO -
Property
Protection
City of
Arvin
Seismic shaking could damage
infrastructure such as roads, water
lines, sewer lines, and other critical
facilities.
ma-EQ-AR565, ma-EQAR-566
ps-EQ-AR516Earthquake Victim PRV -
Prevention , ES
- Emergency
Services , SP -
Structural
Projects
City of
Arvin
Arvin’s entire population
(approximately 20,300) would be
subject to severe shaking resulting
from a 7.2 magnitude earthquake on
the White Wolf fault.
ma-EQ-AR565, ma-FLDL-117
ps-EQ-AR517Earthquake Victim PRV -
Prevention ,
PPRO -
Property
Protection ,
PE&A - Public
Education &
Awareness , ES
- Emergency
Services , SP -
Structural
Projects
City of
Arvin
The entire city would be subject to
severe shaking resulting from a 7.2
magnitude earthquake on the White
Wolf fault. This includes 1 Essential
Facility (Fire Station) and 64 High
Potential Loss Facilities within 100-
year Flood Zone (including 32 Family
Child Care Homes, 11 Special Needs
Facilities, 7 Schools, 6 Child Care
Centers, and 3 Health Care Facilities)
ma-EQ-AR565, ma-EQAR-566
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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Problem
No.
Hazard Area of
Concern
Mitigation
Alternatives
Primary
Agency
Problem Description Related MA
ps-EQ-AR518Earthquake Victim PRV -
Prevention ,
PPRO -
Property
Protection ,
PE&A - Public
Education &
Awareness , ES
- Emergency
Services , SP -
Structural
Projects
City of
Arvin
3,600 residents would be subject to
strong shaking resulting from a 7.2
magnitude earthquake on the San
Andreas fault, while 16,730 residents
would be subject to very strong
shaking.
ma-EQ-AR565
ps-EQ-AR519Earthquake Victim PRV -
Prevention ,
PPRO -
Property
Protection ,
PE&A - Public
Education &
Awareness , ES
- Emergency
Services , SP -
Structural
Projects
City of
Arvin
The entire city would be subject to
either very strong or strong shaking
resulting from a 7.2 magnitude
earthquake on the San Andreas fault.
This includes 1 Essential Facility (Fire
Station) and 64 High Potential Loss
Facilities within 100-year Flood Zone
(including 32 Family Child Care Homes,
11 Special Needs Facilities, 7 Schools, 6
Child Care Centers, and 3 Health Care
Facilities)
ma-EQ-AR565, ma-EQAR-566
ps-FL-AR520Flood Impact PPRO -
Property
Protection
City of
Arvin
Arvin is subject to sheet flow events,
which result in shallow flooding that
causes property damage, road
washouts, and transportation
disruptions.
ma-AH-AR569, ma-FLAR-71
ps-FL-AR521Flood Victim PRV -
Prevention ,
PPRO -
Property
Protection ,
PE&A - Public
Education &
Awareness
City of
Arvin
All City residents exposed to flood risk.
Approximately 16,260 residents living
within or near the 100-year floodplain
and 4,060 within or near 500-year
floodplain.
ma-FL-AR-71
ps-FL-AR522Flood Victim PRV -
Prevention ,
PPRO -
Property
Protection ,
PE&A - Public
Education &
Awareness , SP
- Structural
Projects
City of
Arvin
1 Essential Facility within 100-year
Flood Zone (Fire Station) and 62 High
Potential Loss Facilities within 100-
year Flood Zone (including 32 Family
Child Care Homes, 11 Special Needs
Facilities, 6 Schools, 5 Child Care
Centers, and 3 Health Care Facilities)
ma-FL-AR-71
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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Problem
No.
Hazard Area of
Concern
Mitigation
Alternatives
Primary
Agency
Problem Description Related MA
ps-FL-AR523Flood Victim PRV -
Prevention ,
PPRO -
Property
Protection ,
PE&A - Public
Education &
Awareness , SP
- Structural
Projects
City of
Arvin
Transportation and Lifeline asset
within 100-year Flood Zone (power
substation)
ma-FL-AR-71
ps-FL-AR524Flood Impact PRV -
Prevention ,
PPRO -
Property
Protection ,
PE&A - Public
Education &
Awareness , SP
- Structural
Projects
City of
Arvin
Residents, businesses, and agricultural
operations are vulnerable to
interruptions in transportation access
resulting from road washouts.
ma-FL-AR-71
ps-SS-AR525Soil Stability Impact PPRO -
Property
Protection ,
NRP - Natural
Resource
Protection
City of
Arvin
Wind erosion causes soils to become
unstable, increasing risk of
landslides/rockslides and associated
mudflow on Highway 223, east of Arvin.
These conditions can lead to hazardous
driving conditions and road closures.
Highway 223 is the main road through
Arvin (Bear Mountain Boulevard), so
access interruptions due to road
closures are disruptive to the city.
ma-AH-AR569
ps-SS-AR526Soil Stability Impact PPRO -
Property
Protection ,
NRP - Natural
Resource
Protection , SP
- Structural
Projects
City of
Arvin
Caving in of land around City sumps
and near stormwater runoff sites
resulting from groundwater pumping.
ma-SS-AR-567
ps-SS-AR527Soil Stability Victim PE&A - Public
Education &
Awareness ,
NRP - Natural
Resource
Protection
City of
Arvin
Residents, businesses, and agricultural
operations are vulnerable to
interruptions in access resulting from
closures on Highway 223. This includes
commuters reliant on Highway 223 to
get to and from work.
ma-SS-AR-568
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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COUNTY OF KERN
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Problem
No.
Hazard Area of
Concern
Mitigation
Alternatives
Primary
Agency
Problem Description Related MA
ps-SS-AR528Soil Stability Victim PPRO -
Property
Protection ,
PE&A - Public
Education &
Awareness ,
NRP - Natural
Resource
Protection
City of
Arvin
Residents living near sumps. ma-SS-AR-567
ps-SS-AR529Soil Stability Threat NRP - Natural
Resource
Protection
City of
Arvin
Fallow farms and agricultural fields
without crop cover increase
susceptibility to wind erosion.
ma-SS-AR-568
ps-SS-AR530Soil Stability Threat NRP - Natural
Resource
Protection
City of
Arvin
Drought-related drawdown in aquifers
and continued groundwater pumping.
ma-SS-AR-567
1.4.4.1 Mitigation Action Support Tool (MAST)
As a living document, hazard problem statements and mitigation activities will be updated through a web interface application developed specifically for participating jurisdictions. The Mitigation Action Support Tool (MAST) is accessible through http://mitigatehazards.com/county-of-kern/.
MAST is a web-based interactive tool that enables multiple users to search, view, enter, and update mitigation actions, ideas or projects, and other information. MAST provides participating jurisdictions and plan reviewers (Cal OES/FEMA) access to valuable mitigation information that can be leveraged by future planning or other risk reduction efforts within the County. Participating jurisdictions can update the status of their mitigation projects throughout the planning lifecycle, and this web-based tool will improve participating jurisdiction’s ability to apply for FEMA’s Hazard Mitigation Assistance (HMA) grant programs including initial grant application processes through Cal OES.
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Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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1.5 Mitigation Strategy
The mitigation strategy is the guidebook to future hazard mitigation administration, capturing the key outcomes of the MJHMP planning process. The mitigation strategy is intended to reduce vulnerabilities outlined in the previous section (a.k.a. problem statements) with a prescription of policies and physical projects. These mitigation actions should be compatible with existing planning mechanisms and should outline specific roles and resources for implementation success.
1.5.1 Capabilities Assessment
This section examines the planning and regulatory, administrative, technical, financial, educational, and outreach capabilities to augment known issues and weaknesses from identified natural hazards.
The tables in this section explore various local planning mechanisms, administrative capacity, financial capabilities, and education and outreach initiatives. The columns in each table represent deeper dives into the following questions:
▪ Is the existing planning or regulatory mechanism used currently? (Column 1, Status) ▪ Has the HMP been integrated into the planning mechanism currently so that the named mechanism is currently used in HMP planning? (Column 2, Current Mitigation Use) ▪ Is there a future opportunity to expand, improve upon, and incorporate this 2020 HMP Update into the planning or regulatory mechanism? (Column 3, Future Opportunity) The capabilities assessment is easily-digestible and based on color coding to indicate which policies and plans are adequate, need improvement or in which the HMP could be integrated. Each table includes a legend that explain how each one of these questions are being answered according to the color indicated:
green, yellow, and orange.
For more information on the regulatory environment surrounding each hazard, see hazard-specific sections of Volume 1. Volume 1, Section 5.3.5 includes an extensive list of federal and state funding opportunities as well.
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Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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1.5.1.1 Planning and Regulatory Capabilities
Table 1-6. Planning and Regulatory Capabilities Summary
CAPABILITY ASSESSMENT LEGEND
Status Current Mitigation Use Future Opportunity
Currently in use or present. Used widely for mitigation. Opportunity to expand and integrate. (Sort of) Seldomly used or limited
presence.
Limited use in mitigation planning. Limited opportunity to expand and integrate. (No) Not present or available. Not used in mitigation planning. No opportunity to expand or integrate.
HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Planning and Regulatory Capabilities
Construction and Future Development Regulations
Building Codes Green Yellow Yellow City has a building inspector only part time BCEGS Rating Orange Orange N/A Not familiar with this
Public Protection (ISO Class) N/A N/A N/A City relies on County FD Hazard Related Development
Standards N/A N/A N/A
Zoning Ordinance Green Yellow Yellow
Hazard-Specific Ordinance N/A N/A N/A
Growth Management Ordinance N/A Orange Orange
Hazard Reduction Programs (Annually Conducted)
Capital Improvements Program
(CIP) or Plan Green Green Yellow
Erosion/Sediment Control
Program Yellow Yellow Yellow Notes in standard specifications requiring contractors to comply with NPDES genera permit
Hazard-Related Public Outreach
Program Yellow Yellow Green See Education and Outreach Resource Capabilities.
Stormwater Management
Program (Annual Inspections) Green Green Yellow
Maintenance team routinely inspect storm basins
and other facilities; and respond to locally flooded
areas.
Seismic Safety Program (Nonstructural) Yellow Yellow Green Earthquake Modernization Plan
(Building Safety) Orange Orange Green
Hazard Plans
General Plan Safety Element Green Green Yellow
Community Wildfire Protection
Plan (CWPP) Yellow Green Green Countywide CWPP expected 2021.
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Planning and Regulatory Capabilities
Floodplain Management Plan Yellow Yellow Yellow
Stormwater Management Plan Green Green Green
Emergency Operations Plan Green Yellow Yellow
Climate Action Plan Green Green Yellow
Ground Water Management
Planning / Plans Green Yellow Yellow
National Flood Protection Program (NFIP)
Floodplain Management
Regulations Green Green Yellow
Flood Insurance Education and
Technical Assist. Yellow Yellow Green Actively working to improve educational resources for residents.
Flood Hazard Mapping / ReMapping Orange Orange Green No program to date, but could be extremely beneficial to city
Community Rating System
(CRS) N/A N/A N/A City not in CRS program
1.5.1.2 Administrative and Technical Capabilities
Table 1-7. Administrative and technical capabilities summary
CAPABILITY ASSESSMENT LEGEND
Status Current Mitigation Use Future Opportunity
Currently in use or present. Used widely for mitigation. Opportunity to expand and integrate. (Sort of) Seldomly used or limited
presence.
Limited use in mitigation planning. Limited opportunity to expand and integrate. (No) Not present or available. Not used in mitigation planning. No opportunity to expand or integrate.
HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Administrative and Technical
Staff Capacity
Emergency Manager Green Yellow Yellow Provided by general manager.
Civil Engineer Orange Orange Yellow
Dedicated Public Outreach
Personnel Orange Orange Orange
GIS Specialist and Capability Orange Orange Green
Grant Manager, Writer, or
Specialist Orange Orange Orange
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Administrative and Technical
Other N/A N/A N/A
Warning Systems/Services
General N/A N/A N/A
Flood N/A N/A N/A
Wildfire N/A N/A N/A
Geological Hazards N/A N/A N/A
1.5.1.3 Financial Capabilities
Table 1-8. Financial capabilities summary
CAPABILITY ASSESSMENT LEGEND
Status Current Mitigation Use Future Opportunity
Currently in use or present. Used widely for mitigation. Opportunity to expand and integrate. (Sort of) Seldomly used or limited
presence.
Limited use in mitigation planning. Limited opportunity to expand and integrate. (No) Not present or available. Not used in mitigation planning. No opportunity to expand or integrate.
HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Fiscal Capabilities
Financial Resources for Hazard Mitigation
Levy for Specific Purposes with
Voter Approval Green Green Green
Utilities Fees green Green Green
System Development Fee green yellow Green
General Obligation Bonds to
Incur Debt green yellow Yellow
Special Tax Bonds to Incur Debt orange Orange Orange
Withheld Spending in HazardProne Areas orange Orange Orange Stormwater Service Fees orange Orange Orange
Capital Improvement Project
Funding green yellow Green
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Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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1.5.1.4 Education and Outreach
Table 1-9. Education and outreach capabilities summary
CAPABILITY ASSESSMENT LEGEND
Status Current Mitigation Use Future Opportunity
Currently in use or present. Used widely for mitigation. Opportunity to expand and integrate. (Sort of) Seldomly used or limited
presence.
Limited use in mitigation planning. Limited opportunity to expand and integrate. (No) Not present or available. Not used in mitigation planning. No opportunity to expand or integrate.
HMP Integration
Resource Status Notes / Additional Detail
Current
Mitigation
Use
Future
Opportunity
Education / Outreach Capabilities
Education/Outreach Resources
Website Dedicated to Hazard
Topics orange Orange Orange
Dedicated Social Media orange Orange Orange
Hazard Info. Avail. at Library/
Planning Desk orange Orange Orange
Annual Public Safety Events orange Orange Orange
Ability to Field Public Tech.
Assistance Requests green yellow Green
Public Safety Newsletters or
Printed Outreach orange Orange Orange
Fire Safe Councils orange Orange Orange
Resource Conservation Districts orange Orange Orange
Other N/A N/A N/A
5.C.5
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1.5.2 Mitigation Actions
Mitigation actions were developed based upon the
jurisdiction’s priorities, risk assessment results, and mitigation alternatives. The mitigation action
prioritization method used by all participating
jurisdictions is described in Section 5.5.1 of Volume 1.
Table 1-10 lists each priority mitigation action,
responsible party, time frame, potential funding source, implementation steps, and resources need to
implement based upon the Planning Committee
consensus.
Each participating jurisdiction, including the City of
Arvin, considered ongoing relevancy of mitigation
actions from the existing MJHMP and retained or
removed such actions while adding new relevant
actions as well. Mitigation actions were examined for
relevancy and the potential for future implementation
and then evaluated for potential follow-up. Some
mitigation actions developed during the previous HMP
effort were not included because they were an inherent
part of the HMP update process or were not detailed
enough for implementation at a local Jurisdiction level. the City of Arvin has made significant changes to other mitigation actions because of the updated risk
assessment and implementation strategy, to include
more detail, or to update based on current mitigation
practices. Volume 1, Section 5.5.2 provides a record of County wide mitigation actions, the status, and additional notes for each action.
Table 1-10 lists each mitigation action for the City of Arvin. Each participating jurisdiction developed unique mitigation actions, targeted at their own unique priorities and vulnerabilities. Each mitigation action identifies the responsible party, time frame, potential funding source, implementation steps and resources needed to implement these priority mitigation actions. As a living document, hazard problem statements and mitigation activities will be updated through MAST. The detail in Table 1-10 meets the regulatory requirements of FEMA and DMA 2000.
Figure 1-8. Mitigation Action Key
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
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INTENTIONAL BLANK PAGE
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Table 1-10. City of Arvin Mitigation Actions
Mitigation No. Hazard
Type
Mitigation
Type
Status Year Primary
Agency
Title/Description Responsible
Party
Estimated Cost Estimated Benefit Time
Frame
HMA
Activity
Type
Potential Grant
Source
Priority Related
Problem
Statements
ma-AH-AR-569 All Hazard PE&A -
Public
Education &
Awareness
Pending 2020 City of Arvin Conduct wind erosion awareness outreach: outreach and educational
programming to property owners
and agricultural operators about
wind erosion and mitigation
techniques such as introducing
cover crops, eliminating tillage, and
avoiding over grazing. This could
help avoid road closures associated
with sheet flooding and landslides
on roadways providing access to
Arvin.
Administration Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.
Medium - Project will have
a long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
1-3 Years Planning HMGP / BRIC Medium ps-FL-AR-520,
ps-SS-AR-525
ma-DR-AR-563 Drought PE&A -
Public
Education &
Awareness
Pending 2020 City of Arvin Develop and implement a public education campaign around water
conservation
Administration Medium - The project could be
implemented with existing funding
but would require a reapportionment of the budget or a budget amendment, or the cost of
the project would have to be spread
over multiple years.
Medium - Project will have
a long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
1-3 Years 5% HMGP / BRIC High ps-DR-AR-511,
ps-DR-AR-510,
ps-DR-AR-512
ma-DR-AR-564 Drought PRV -
Prevention
Pending 2020 City of Arvin Adopt a new water conservation ordinance for commercial and
residential land uses limiting
outdoor watering
Planning Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.
Medium - Project will have
a long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
1-3 Years Planning HMGP / BRIC High ps-DR-AR-513
ma-EQ-AR-565 Earthquake PRV -
Prevention
Pending 2020 City of Arvin Encourage owners of privately owned critical facilities to conduct
seismic evaluations.
Planning Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.
High - Project will provide
an immediate reduction of
risk exposure for life and
property.
1-3 Years 5% HMGP / BRIC Medium ps-DR-AR-513,
ps-EQ-AR-515,
ps-EQ-AR-516,
ps-EQ-AR-517,
ps-EQ-AR-518,
ps-EQ-AR-519,
ps-EQ-AR-514
ma-EQ-AR-566 Earthquake SP -
Structural
Projects
Pending 2020 City of Arvin Seismic Retrofit: Retrofit / harden City-owned critical facilities and
buildings to increase their ability to
withstand seismic shaking.
Engineering
Division
High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).
High - Project will provide
an immediate reduction of
risk exposure for life and
property.
3-5 Years Project HMGP / BRIC Medium ps-EQ-AR-514,
ps-EQ-AR-515,
ps-EQ-AR-517,
ps-EQ-AR-519
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) FEMA/Cal OES Submission 05-19-2021
Kern Multi-Jurisdiction 2020 MJHMP Update
COUNTY OF KERN
1-28
Mitigation No. Hazard
Type
Mitigation
Type
Status Year Primary
Agency
Title/Description Responsible
Party
Estimated Cost Estimated Benefit Time
Frame
HMA
Activity
Type
Potential Grant
Source
Priority Related
Problem
Statements
ma-FL-AR-71 Flood PRV -
Prevention
Pending 2014 City of Arvin Continue to Implement Sound
Floodplain Management Practices
through Participation in the
National Flood Insurance Program
City of Arvin
Building and
Planning
Department for
zoning
regulations
and building
permit
issuance,
Engineering
Department
and Public
Works for
floodplain
management
Low - The project could be funded
under the existing budget. The
project is part of or can be part of an
ongoing existing program.
High - Project will provide
an immediate reduction of
risk exposure for life and
property.
Ongoing Planning HMGP / BRIC ,
FMA
Medium ps-FL-AR-520,
ps-FL-AR-521,
ps-FL-AR-522,
ps-FL-AR-523,
ps-FL-AR-524
ma-SS-AR-567 Soil
Stability
SP -
Structural
Projects
Pending 2020 City of Arvin Soil Stability Evaluation: Evaluate potential effect of soil instability in
areas surrounding City sumps and
stormwater retention facilities. This
should include analysis of risk to
nearby residential structures.
Engineering
Division
Medium - The project could be
implemented with existing funding
but would require a re-
apportionment of the budget or a
budget amendment, or the cost of
the project would have to be spread
over multiple years.
Medium - Project will have
a long-term impact on the
reduction of risk exposure
for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
1-3 Years Planning HMGP / BRIC Medium ps-SS-AR-526,
ps-SS-AR-528,
ps-SS-AR-530
ma-SS-AR-568 Soil
Stability
NRP -
Natural
Resource
Protection
Pending 2020 City of Arvin Wind Breaks: In collaboration with Kern County, implement wind
breaks to prevent wind erosion
leading to soil instability and
increasing risk of landslides that
could shut down or reduce capacity
on Highway 223. Wind break erosion
mitigation examples include solid
fences, porous fences, straw bales,
soil surface modification, berms,
and landscaping.
Engineering
Division
High - Existing funding will not
cover the cost of the project;
implementation would require new
revenue through an alternative
source (for example, bonds, grants,
and fee increases).
Medium - Project will have
a long-term impact on the
reduction of risk exposure for life and property, or
project will not provide an
immediate reduction in the
risk exposure for property.
3-5 Years Project HMGP / BRIC Medium ps-SS-AR-529,
ps-SS-AR-527
5.C.5
Attachment: 5-Attachment 2 - City of Arvin 2020 MJHMP (Public Hearing: Resolution Amending General Plan - 2024 Safety Element)
NOTICE OF EXEMPTION -Filing of Notice of Exemption
in Compliance with Section 15305-Minor Alterations in Land Use Limitations - California Environmental Quality Act. – 2024 Safety Element Update
Place in project file until approved –
then file with Kern County Clerk
AFFIDAVIT OF FILING AND POSTING
Court Records Supervisor Office of the County Clerk
I declare that I received and posted this notice on the filing date as required by California Public Resources Code Section 21152(c). Said Notice will remain posted for 35 days for the filling date.
TO: COUNTY CLERK
County of Kern,
1115 Truxtun Ave. 1st Floor,
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office , 661-854-0817 Fax
TO: ceqasubmit.opr.ca.gov State Clearinghouse No.
Project title: 2024 Safety Element Update
Project location: City Wide Township/Range: T31S R29E Section 26 Latitude and Longitude: 35.21007° N /118.82603° W Nearest Railroad: Southern Pacific Railroad Nearest State Hwy: Hwy 223 Nearest School: Arvin High School Description of nature, purpose, and beneficiaries of project: Amend the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan - The purpose of the Safety Element is to reduce the potential risk of death, injuries, property damage, and economic and social dislocation resulting from natural and human-induced hazards. The Safety Element establishes preventative and responsive policies and programs to mitigate the potential impacts associated with hazards that may affect the City of Arvin. This Element along with the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) addresses geologic and seismic hazards, flood hazards, fire hazards, hazardous materials, and emergency preparedness and response planning.
Name of public agency approving
project:
■ City Council City Council Resolution No. 2025 – XX January 14, 2024
Name and person or agency
carrying out the project
Jeffrey Jones, City Manager/Finance Director, 200 Campus Drive, Arvin, CA 93203, Email:
[email protected] Phone: 661-854-3134
Exempt status: CEQA Guidelines, General Rule Exemption Section 15061(b)(3) Reasons why project is exempt: The 2024 Safety Element update can be seen with certainty that there is no possibility that it will have a significant effect on the environment, The 2024 Safety Element establishes policies to reduce natural hazards that may occur within the City. The 2024 Safety Element update programs and policies are city wide. No scenic highway or resources; no hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; no physical development; no structures are to be demolished due to the adoption of the Safety Element; nor would the adoption of the Safety Element have a significant adverse impact on a historic resource. The City Council finds that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to the adoption of the Safety Element. For all the foregoing, including evidence in the administrative record, the City Council of the City of Arvin adopts General Rule Exemption Section 15061(b)(3).
Contact person: Jake Raper, Project Coordinator, 200 Campus Drive, Arvin, CA 93203 Email:
[email protected]
Phone: 805-234-7908
Signature/Title/ Date:
Jeffrey Jones, City Manager/Finance Director,
Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.
5.C.6
Attachment: 6-N of E 2024 Safety Element (Public Hearing: Resolution Amending General Plan - 2024 Safety Element)
CITY OF ARVIN NOTICE OF PUBLIC HEARING
General Plan Safety Element Update
Notice is hereby given that the City Council, City of Arvin, California, will conduct a public hearing, at which time you may be present and be heard, to consider the City of Arvin’s 2024 Safety Element update by Incorporating the 2020 Kern Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) Update and CEQA determination.
Applicant: City of Arvin, Community Development Department – City Planner Location: City Wide
Project Description: The City of Arvin’s Safety Element was last updated in 2019 with the inclusion of the 2014 Kern County Hazard Mitigation Plan. In 2021, the City Council adopted Resolution No. 2021-55 – Adopting the updated 2020 Kern Multi-Jurisdiction Hazard Mitigation Plan on August 10, 2021. The updated 2020 Kem Multi-Jurisdiction Hazard Mitigation Plan Volume 1 and its Annex, as approved by FEMA and Cal OES, is the official mitigation plan for The City of Arvin. Assembly Bill 2140 allows cities to be considered for additional state const-share on eligible Public Assistance project by adopting their current, FEMA-approved local hazard mitigation plans (LHMPs) into the Safet Element of their General Plan. This adoption, along with other requirements, makes the city eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act (CDAA). The Safety Element is being updated to incorporate by reference the 2020 Kem Multi-Jurisdiction Hazard Mitigation Plan to conform with AB 2140.
ENVIRONMENTAL REVIEW AND DETERMINATION: The proposed 2024 Safety Element update implements the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan. It is determined that the update of the 2024 Safety Element meets the definition and criteria of the Public Resources Code and CEQA Guidelines to be exempt from CEQA. This determination and recommendation is based upon the CEQA Guidelines, Section 15061(b) (3) and finds that there is no possibility that the activities in question may have a significant effect on the environment and are, therefore, exempt from CEQA, for the following reasons:
• The 2024 Safety Element incorporates the 2020 Arvin’s Kern County Multi-Jurisdictional Hazard Mitigation Plan and is in compliance with Government Code, Section 65032. • These amendments will not have a significant effect or physical change to the environment, because it relates to the mandated amendments as required by various Governmental Codes.
The purpose of the public hearing will be to give citizens an opportunity to make their comments known. If you are unable to attend the public hearing, you may direct written comments to City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, CA 93203 or email to [email protected]. In the subject line, please provide “PUBLIC COMMENT – 2024 SAFETY ELEMENT UPDATE”. All public comments will be provided to the City Staff and may be read into the record or compiled as part of the record. Additional information on the proposed site development permit, including copies in hard copy or electronic format, may be obtained from the City Clerk’s office at Arvin City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s website at www.arvin.org.
All persons interested in this topic who would like to provide feedback or ask questions are invited to attend. Written comments on this matter may be submitted to the City Clerk’s office by 4:00 P.M. on the date of this hearing. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to the public hearing. Address any communications or comments regarding the project to Jeffrey Jones, Assistant City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].
Note: If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described in this notice, or in written correspondence delivered to the City at, or prior to, the Public Hearing (Govt. Code Sec. 65009).
This public hearing notice was posted on January 3, 2025 at the following designated places for posting of public notices: (1) Arvin City Hall/City Council Chambers; (2) Arvin Police Department; and (3) Community Development Department; (4) City of Arvin’s website at www.arvin.org; providing a 10-day review, in accordance with Government Code Sections 36933, 65854, and 65090. /s/
Jeffrey Jones, Deputy City Clerk City of Arvin, California POSTED: January 3, 2025
City of Arvin
CITY COUNCIL
Date: January 14, 2025
Time: 6:00 PM
Place: City of Arvin City Council Chambers, 200 Campus Drive, Arvin, CA 93203
5.C.7
Attachment: 7-PHN - Safety Elment _CC Mtg POSTED_11-29-24 (Public Hearing: Resolution Amending General Plan - 2024 Safety Element) Staff Report Election of Vice Mayor 2025
CITY OF ARVIN
Staff Report
Meeting Date: January 14, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Election of Vice Mayor
BACKGROUND
At their meeting of March 14, 2006, the Mayor and Councilmembers of the Arvin City Council voted unanimously to adopt Resolution No. 06-07 that established a policy that provides for the annual rotation of the vice mayor chair.
The annual rotation policy of Resolution No. 06-07 for the vice mayor chair is set as follows:
1) At the first City Council meeting of each year, the City Council shall nominate, vote and elect the vice-mayor.
2) The elected vice-mayor shall serve until the end of his/her elected or appointed term or until the end of the one-year vice-mayor term, whichever event occurs first. 3) Nothing in Resolution No. 06-07 shall prevent a council member from nominating his or her own self; and
4) Nothing in Resolution No. 06-07 shall prevent a council member from serving as vicemayor for consecutive terms; and 5) The Mayor is prohibited from serving as the vice-mayor during his or her term as Mayor.
RECOMMENDATION
Staff recommends that the Council hold an election of vice mayor in accordance with the policy established by Resolution No. 06-07.
The following is a recommended election process however, the Council may use another method for nominating and electing a Vice Mayor.
1) The Mayor shall open nominations.
2) Either the Mayor or a Councilmember may move to nominate another Councilmember or with the exception of the Mayor, may nominate themselves. 3) Once a motion and a second is made to nominate a Councilmember, a roll call vote shall be taken.
4) The nominated Councilmember shall obtain the seat of Vice Mayor if they receive a majority vote in favor (no less than 3, or a majority of those present).
6.A.1
Attachment: Staff Report - Mayor Pro Tem Election 011425 (Election of Vice Mayor) Staff Report Election of Vice Mayor 2025
5) If the nominated Councilmember does not obtain a majority vote, the Mayor shall re-open nominations and the nomination and voting process shall continue as listed above until a Councilmember is successful in obtaining a majority vote; thus obtaining the seat of Vice Mayor.
FINANCIAL IMPACT
None
ATTACHMENTS
Resolution No. 06-07
6.A.1
Attachment: Staff Report - Mayor Pro Tem Election 011425 (Election of Vice Mayor)
6.A.2
Attachment: 06-07 Reso Annual Rotation of Vice Mayor Chair_031406_Redacted (Election of Vice Mayor)
CITY OF ARVIN
Staff Report
Meeting Date: January 14, 2025
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 96 being awarded to date, resulting in $49,306,263.00 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.
On August 27, this item was presented as an employment agreement update as the agreement was set to expire in September 2024. The item was tabled to bring back with more detail on increase. This item brought back to the Council with additional information on the November 12, 2024, agenda with a staff recommendation for the Council to consider, discuss and potentially approve the agreement. Due to a lack of a quorum at that meeting the item was not considered at that time. This item was on a special council agenda, November 26, 2024, the council directed staff to bring back to the next regular meeting. This item was presented at the regular meeting on December 10, 2024, with the direction that it be represented at the next regular meeting with the severance modification to be directly reflective of Resolution 2021-68.
The incumbent in the position has served the city for 8 years collectively. The incumbent was hired as the Grant Writer in 2016 and selected as the Grant Manager in 2022. She has demonstrated her continued commitment to the growth of the city in securing funding for many projects throughout her tenure.
The Grants Manager position is a unique position in that a significant portion of her salary is recoverable through the grant projects awarded for project implementation, and administrative oversight tasks throughout the grant period of each award. Additionally, this position provides
6.B.1
Attachment: 1. Staff Report Grants Manager Employment Agreement_011425 (Grants Manager Employment Agreement) for cost recovery of other city staff such as engineering, finance, planning, and management staff as needed during the grant implementation of each project.
STAFF RECOMMENDATION:
The recommendation is to consider, discuss, and potentially 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. Please note, this is not a new position and has been a budgeted position since class inception in 2022. The increase is $12,260.80 from the most current employment agreement to the new agreement.
ATTACHMENTS:
Grants Manager Employment Agreement
Grant Manager Job Description
6.B.1
Attachment: 1. Staff Report Grants Manager Employment Agreement_011425 (Grants Manager Employment Agreement)
GRANTS MANAGER EMPLOYMENT AGREEMENT
AGREEMENT NO. 2025-__
GRANTS MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into and effective on the ___ day of January, 2025, 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 September 3rd, 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 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
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
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 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 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
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
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.
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.
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
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
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
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 was properly terminated under the terms of this Agreement. Following City Council’s
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS MANAGER EMPLOYMENT AGREEMENT
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.
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.
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.
D. Retirement. If Employee elects to retire, he shall inform City, in writing, at least thirty (30) days prior to the effective date of such retirement. City shall cooperate fully with Employee to provide all information in a timely manner.
E. No Notice for Expiration. Nothing in this Section 7 shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 5.
F. Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, Confidential Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by 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 and/or confidential under applicable law, including but not limited to
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 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 up to 45 days of pay as articulated in Resolution 2021-68 o Continued Health Insurance benefit coverage for three pay periods (42 days) post-separation.
The severance pay will be in addition to pay accrued, but not remitted, prior to the notice of termination, and any accrued PTO. The severance rights provided in this Paragraph 7(G) shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein, including any and all rights he may have to a separation payment pursuant to any joint powers insurance authority memorandum of liability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”
8. INDEMNIFICATION. City shall defend, save harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings (“Claims”) brought against 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.
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 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.
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.
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
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
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.
E. Assignment. Employee shall not assign any rights or obligations under this Agreement, nor any interest in it. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.
F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.
G. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.
H. Attorneys’ Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys’ fees, costs, and all other litigation costs.
I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.
J. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee, that provides paid leave salary offered by the local agency to the officer or Employee pending an investigation shall require that any salary provided for that purpose be fully 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
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
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.
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 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.
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.
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,
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
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]
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS 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:
CHRISTINE VITERELLI
ATTEST:
By:
DEPUTY CITY CLERK
APPROVED AS TO FORM:
By:
NATHAN M. HODGES, ESQ.
CITY ATTORNEY
Attachments:
Exhibit “A”: Grants Manager Job Description
Exhibit “B”: Severance Agreement
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS MANAGER EMPLOYMENT AGREEMENT
Exhibit “A”
Grants Manager Job Description
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS MANAGER EMPLOYMENT AGREEMENT
Exhibit “B”
Agreement Of Separation, Severance, And
General Release
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS 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 Christine Viterelli (“Employee” herein).
2. RECITALS
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.
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS 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
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS 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;
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS 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
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS 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.
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS 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.
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
GRANTS 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: Christine Viterelli
Address set forth in Employee's Personnel
File.
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
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:
6.B.2
Attachment: 2. Grants Mgr Employment Agreement Final 1.14.25 (Grants Manager Employment Agreement)
CITY OF ARVIN
Staff Report
Meeting Date: January 14, 2025
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 incident free 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 and departmental oversight needs rise, respectively.
Based on 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. On August 27, this item was presented with the updates and moving from an unrepresented employee to a contract employee with a pay increase. The item was tabled to bring back with more detail on increase.
The assessment of local municipalities is difficult as many local cities utilize a county transit service or are not similar in product lines and fleet to ensure appropriate classification and compensation comparison. In comparing similar operations: Fresno, and Visalia, Arvin still comes in significantly below market value with the proposed employment agreement. With that, we are arguably within market value for Kern County.
The Arvin Transit Department is unique in many ways with the dial a ride. The service has ridership of 3,237 per year. This service is dedicated to individuals age 55 and over offering them door to door service within Arvin for $1.50 and with little to no wait time. The transportation drivers can assist the individuals to the door carrying bags, helping with walkers, etc. The bus is equipped to serve community members that are wheelchair bound. This service allows the senior community members freedom and independence that they may not have otherwise.
The route to Tejon has been incredibly rewarding offering Arvin community members the opportunity to work near home with environmentally friendly commute, savings on fuel and vehicle wear and tear. This is also incredibly rewarding for the economic wellbeing of Arvin.
Offering this service keeps people close to home, shopping, and dining locally.
6.C.1
Attachment: 1. Staff Report Transportation Manager_011425 (Transportation Manager Job Description and Employment Agreement) The route to Bakersfield, is a main vein for transportation hub from Arvin to nearly anywhere.
The downtown stop allows accessibility to Greyhound, GET bus and many local transportation services. The stop is also walking distance to the Amtrak station.
The Transit Department completes 100 routes resulting in over 100,000 miles per year. 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.
The Transportation Manager is now overseeing the maintenance of the city’s entire fleet of approximately 35 vehicles, spanning across four departments. The addition of this team member is projected to see an average monthly savings of $2,000.00 per month and affords the city dedicated resource for City staff to go to for vehicle maintenance needs.
In summary, the incumbent in this position has been with the City since 2013. He has streamlined the program, supported, and improved department staff, procured state of the art busses, maintained a perfect record department wide with zero accidents and exemplary regulatory agency evaluations. The last increase was in 2021 for this employee for the salary schedule adjustment. Prior to the 2021 increase, he had not had an increase since 2016. In 2021, the labor unions agreed on new memorandum of understandings with a structured increases resulting in upwards of 21% in increases. The 21% is made up of two 5% merit increases, two added step opportunities and 11% COLA increase between 2021 and 2024. The unrepresented individuals within the City did not receive any increase in compensation. In an attempt to bring parity, the employment agreement yields an increase of 19%.
STAFF RECOMMENDATION:
The recommendation to approve the Transportation Manager job description and employment agreement.
FINANCIAL IMPACT:
The Transportation Department is primarily funded via TDA and state funding and is fiscally self-sustaining. This employment agreement increase would be under the same funding structure.
As a result, minimal impact to general plan as alternative funding sources are available.
ATTACHMENTS:
Transportation Manager Employment Agreement
Transportation Manager Job Description
6.C.1
Attachment: 1. Staff Report Transportation Manager_011425 (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
AGREEMENT NO. 2025-__
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into and effective on the 14 th day of January 2025, 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 January 14, 2025, (“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
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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”).
VACATION
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Carry over of existing leave balances at the date of employment agreement approval.
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 shall be entitled to accrue vacation leave not to exceed three hundred twenty (320) 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 is allowed to cash in once per year but must keep minimum bank of 80 hours.
SICK
Carry over of existing leave balances at the date of employment agreement approval.
Employee shall accrue 3.69 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 is allowed to cash in once per year but must keep minimum bank of 80 hours.
PERSONAL BUSINESS DAYS
Carry over of existing leave balances at the date of employment agreement approval.
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. PBD have no cash out value.
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
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.
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;
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
viii. Résumé fraud or other acts of material dishonesty; ix. Unauthorized absence or leave
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.
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
F. Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, Confidential Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by his incident to his employment belongs to City and shall be returned promptly to City upon termination of Employee’ employment. Employee’ 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 up to 45 days of pay as articulated in Resolution 2021-68 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
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
“Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”
8. INDEMNIFICATION. City shall defend, save harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings (“Claims”) brought against his in his individual capacity or in his official capacity as Transportation Manager, 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
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.
B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.
C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.
D. Amendment. This Agreement may not be amended except in a written document signed by Employee, approved by the City Council and signed by the City’s Mayor.
E. Assignment. Employee shall not assign any rights or obligations under this Agreement, nor any interest in it. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.
F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.
G. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.
H. Attorneys’ Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys’ fees, costs, and all other litigation costs.
I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.
J. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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 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
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.
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]
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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:
DEPUTY CITY CLERK
APPROVED AS TO FORM:
By:
NATHAN M. HODGES, ESQ.
CITY ATTORNEY
Attachments:
Exhibit “A”: Transportation Manager Job Description
Exhibit “B”: Severance Agreement
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Exhibit “A”
Transportation Manager Job Description
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Exhibit “B”
Agreement Of Separation, Severance, And
General Release
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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.
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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;
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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.
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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.
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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.
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
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:
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
EXHIBIT “1”
EMPLOYMENT AGREEMENT
6.C.2
Attachment: 2. Transportation Manager EA 11.24 FINAL (Transportation Manager Job Description and Employment Agreement) 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.
6.C.3
Attachment: 3. Transportation Manager - updated job description (Transportation Manager Job Description and Employment Agreement) Transportation Manager
• 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.
6.C.3
Attachment: 3. Transportation Manager - updated job description (Transportation Manager Job Description and Employment Agreement) Transportation Manager
• 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
6.C.3
Attachment: 3. Transportation Manager - updated job description (Transportation Manager Job Description and Employment Agreement) Transportation Manager
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:
6.C.3
Attachment: 3. Transportation Manager - updated job description (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
6.C.4
Attachment: 4. Transportation Manager - old job description (Transportation Manager Job Description and Employment Agreement) 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)
6.C.4
Attachment: 4. Transportation Manager - old job description (Transportation Manager Job Description and Employment Agreement) 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
6.C.4
Attachment: 4. Transportation Manager - old job description (Transportation Manager Job Description and Employment Agreement)
CITY OF ARVIN
Staff Report
Meeting Date: January 14, 2025
TO: Arvin City Council
FROM: Alex Ghazalpour, Chief of Police
Jeff Jones, City Manager
SUBJECT: A resolution of the City Council of the City of Arvin approving single source twoyear subscription purchase of eighteen (18) Flock Safety Falcon Cameras and related technology from Flock Group, Inc. in the amount of $109,550.00 BACKGROUND:
The Arvin Police Department seeks to improve its technological capabilities in monitoring, preventing, and investigating criminal activities by utilizing the latest available tools. Flock cameras provide advanced surveillance capabilities, especially helpful for tracking vehicles associated with criminal activities, including drug-related crimes, vehicle theft, and violent offenses
DISCUSSION:
Flock cameras have demonstrated significant effectiveness in identifying vehicles linked to criminal enterprises. They are particularly beneficial in identifying and tracking vehicles associated with drug trafficking and other criminal activities. These cameras utilize advanced automatic license plate recognition (ALPR) technology, allowing officers to monitor vehicles and identify those tied to criminal organizations and drug trafficking networks. Vehicles involved in the smuggling of illegal narcotics are often on the move through multiple jurisdictions, making Flock cameras an essential tool for monitoring and interception.
Key Benefits:
1. Enhanced Crime-Fighting Capabilities: Flock cameras allow the department to quickly identify vehicles involved in criminal activities, particularly those related to drug trafficking. In regions where Flock cameras are implemented, law enforcement has observed an increase in successful identification and interception of vehicles used to smuggle large quantities of narcotics.
2. Improved Data-Sharing: Flock cameras can be integrated into regional and statewide databases, allowing real-time data sharing with neighboring law enforcement agencies.
This connectivity enhances collaboration and supports multi-jurisdictional efforts against organized criminal enterprises.
6.D.1
Attachment: 1. Staff Report Flock Camera Program City of Arvin_011424 (Flock Safety Falcon Cameras)
3. Cost-Effective Resource Allocation: By providing critical, actionable information, Flock cameras help the department allocate resources more effectively. This capability reduces the need for extensive patrol coverage and aids in prioritizing responses to highrisk vehicles.
FINANCIAL IMPACT:
The total cost of this project is as follows:
Year One - $51,000 for the subscription service and $7,550 for infrastructure and installation for a total of $58,550.
Year Two - $51,000 for the subscription service.
The acquisition and installation of Flock cameras will be fully funded by the AB33 grant, ensuring no additional financial impact on the City's general fund for the two year term of the subscription service. Ongoing maintenance and operational costs will be minimal and absorbed within the current department budget.
Should the City desire to extend the service beyond two years, additional funding will need to be found. If grant funding is not located for this project at that time, the City will either need to cut other police services or use general fund reserves to fund this subscription. If the City decides to not renew the subscription after two years, the vendor will remove the cameras and related infrastructure at no cost to the City.
STAFF RECOMMENDATION:
Staff recommends that this item not be approved at this meeting but should be considered at an upcoming meeting.
ATTACHMENTS:
1. Quote from Flock Safety Quote
2. Sole-Source Letter from Flock Safety
6.D.1
Attachment: 1. Staff Report Flock Camera Program City of Arvin_011424 (Flock Safety Falcon Cameras) Reso Single Source Subscription Purchase - Flock Safety Falcon Cameras.