REGULAR MEETING AGENDA
OF THE
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING
AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY FEBRUARY 25, 2025 6:00p.m.
CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Olivia Calderon
PLEDGE OF ALLEGIANCE
INVOCATION
*******************************************
ROLL CALL Olivia Calderon Mayor
Susana Reyes Mayor Pro Tem
Donny Horton Councilmember
Jaime Perez Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
PUBLIC COMMENTS:
The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.
In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.
AGENDA STAFF REPORTS AND HANDOUTS:
Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.
CONDUCT IN THE CITY COUNCIL CHAMBERS:
Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).
Removal from the Council Chambers:
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.
AMERICANS with DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Arvin City Council Meeting Agenda – February 25, 2025
1. APPROVAL OF AGENDA AS TO FORM.
Motion __________Second __________ Vote __________
Roll Call: CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderon _____
2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
3. DISCUSSION ITEM(S)
A. 2024-2025 Kern County Grand Jury Report – City of Arvin
4. ACTION ITEM
A. Termination of Agreement for City Attorney Legal Services Between City of Arvin and Hodges Law Group Pursuant to Section 8 of the Agreement.
Staff recommends termination of agreement for City Attorney Legal Services between City of Arvin and Hodges Law Group pursuant to Section 8 of the Agreement.
Motion __________Second __________ Vote __________
Roll Call: CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderon _____
5. CONSENT AGENDA ITEMS
A. Approval of Demand Register(s) of February 07, 2025 – February 20, 2025.
B. Approval of Payroll Register(s) of February 14, 2025.
C. Approval of Minutes of the Regular Meeting(s) of January 14, 2025; January 28, 2025; and February 11, 2025.
D. Approval of Proclamation Celebrating Hall Ambulance 50 Years of Service in the City of Arvin, California.
E. Approval of A Resolution of the City Council of the City of Arvin Accepting the Work Completed by Stockbridge General Contracting, Inc., and Filing the Notice of Completion for the City of Arvin Kovacevich Park Project “Field of Dreams and Baseball Teams (SW15-009)”.
F. Approval of Special Event Application for the Arvin Chamber of Commerce Wildflower Festival to be Held at Smothermon Park on April 21, 2025 through April 28, 2025 (Event Dates April 25 - 27) with the Requirement to Abide by Stipulations as Set Forth by the City of Arvin and the Arvin Police Department Arvin City Council Meeting Agenda – February 25, 2025
Including Private Security Guards, Insurance, Applicable Fees, ABC Daily License Requirements, and Police Department Personnel Costs of $2,724.90; and Subject to Execution of A Memorandum of Understanding between the City of Arvin and the Arvin Chamber of Commerce.
Staff recommends approval of the consent agenda.
Motion __________Second __________ Vote __________
Roll Call: CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderon _____
6. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Declaring There Are No Unmet Transit Needs That Can Be Reasonably Met Within the City of Arvin.
Staff recommends to open the hearing, allow for public testimony, close the hearing, and approve the Resolution.
Motion __________Second __________ Vote __________
Roll Call: CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderon _____ B. A Public Hearing to Consider Approval of Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-Arvin CSD Solar Array Subject to Conditions of Approval.
This hearing was continued by the City Council at the February 11, 2025 meeting to the February 25, 2025 meeting.
Staff recommends to open the hearing, allow for public testimony, close the hearing, and adopt the Resolution approving the project subject to Conditions of Approval.
Motion __________Second __________ Vote __________
Roll Call: CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderon _____
7. ACTION ITEM(S)
A. Consideration and Approval of Amendment No. 1 to Master Services Agreement Number 2023-31 Dated December 4, 2023, Between Veolia Sustainable Buildings USA West, Inc., Formerly Known As Enovity, Inc. and the City of Arvin for A Contingency Budget in the amount of $615,153.00 for Payment for PG&E Utility Upgrades and Other Scope Items for the City of Arvin’s Wastewater Treatment Plant Solar Renewable Energy Project, and Related Budget Adjustments.
Arvin City Council Meeting Agenda – February 25, 2025
This item was tabled by the City Council at the January 28, 2025 meeting to the February 25, 2025 meeting.
Staff recommends approval of Amendment No. 1 to Master Services Agreement 2023-31.
Motion __________Second __________ Vote __________
Roll Call: CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderon _____
8. COUNCIL MEMBER COMMENTS
9. CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) C. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Anthony Claustro - AIMs File No. FR102738.
Against: City of Arvin
10. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated February 20, 2025.
Cecilia Vela, City Clerk
3.A.1
Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin)
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Attachment: 2024-2025 Kern County Grand Jury Report - City of Arvin - Feb 10, 2025 (2024-2025 Kern County Grand Jury Report – City of Arvin) 2/11/2025 1:19:52 PM Page 1 of 3
Payment Register
City of Arvin APPKT00920 - NATHAN HODGES DECEMBER 2024 & HARBOR PLUMBING 01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1340
Vendor Number
NATHAN M HODGES
Total Vendor Amount
20,932.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 20,932.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DECEMBER 2024.1 LEGAL FEES DECEMBER 2024.1 01/02/2025 01/02/2025 0.00 20,932.00 1552
Vendor Number
RANDY MICHAEL LOPEZ
Total Vendor Amount
35,276.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 35,276.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 728775 SMOTHERMON PARK EMERGENCY REPAIRS 12/13/2024 12/13/2024 0.00 35,276.50
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00920 - NATHAN HODGES DECEMBER 2024 & HARBOR PLUMBING 2/11/2025 1:19:52 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 2 2 0.00 56,208.50
Packet Totals: 2 2 0.00 56,208.50
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00920 - NATHAN HODGES DECEMBER 2024 & HARBOR PLUMBING 2/11/2025 1:19:52 PM Page 3 of 3
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -56,208.50
Packet Totals: -56,208.50
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, 2/11/2025 3:36:53 PM Page 1 of 13
Payment Register
City of Arvin APPKT00922 - FOR AP 2/11/2025
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1000
Vendor Number
A1 BATTERY
Total Vendor Amount
289.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 289.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101057 12V BATTERY MAINTENCE ASPHALT MACHINE 01/06/2025 01/06/2025 0.00 289.40 1207
Vendor Number
ACC BUSINESS
Total Vendor Amount
968.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 968.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 250117803 INTERNET ACC 12.11.24-01.10.25 01/27/2025 01/27/2025 0.00 968.06 1733
Vendor Number
AGILE OCCUPATIONAL MEDICINE, PC
Total Vendor Amount
265.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 265.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount EM037039 RAPID DRUG SCREEN NEW EMPLOYEE PD 01/22/2025 01/22/2025 0.00 265.00 1010
Vendor Number
AMERICAN BUSINESS MACHINES
Total Vendor Amount
234.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 234.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 784946 BUSINESS CARDS FOR CHRISTINE V. 01/14/2025 01/14/2025 0.00 56.29 784947 BUSINESS CARDS FOR FRANKIE F. 01/14/2025 01/14/2025 0.00 112.58 785432 GPR-55 YELLOW TONER 01/16/2025 01/16/2025 0.00 15.00 786391 BUSINESS CARDS FOR CECILIA V. 01/24/2025 01/24/2025 0.00 50.88 1002
Vendor Number
ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
7,517.11
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 7,517.11
Payable Number Description Payable Date Due Date Discount Amount Payable Amount WATER SERVICES 12.19.24-01.24.25 WATER SERVICES 12.19.24-01.24.25 02/03/2025 02/03/2025 0.00 7,517.11 1150
Vendor Number
AT&T
Total Vendor Amount
1,624.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,624.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000022831089 9391059040 SERVICE 12.01.24-12.31.24 02/10/2025 02/10/2025 0.00 743.59 000022887761 9391033189 SERVICE 12.13.24 - 01.12.25 01/13/2025 01/13/2025 0.00 375.16 000022889523 9391056024 SERVICE 12.13.24-01.12.25 01/13/2025 01/13/2025 0.00 505.51 1015
Vendor Number
AT&T MOBILITY
Total Vendor Amount
424.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 424.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X01282025 PW + COMM DEV + CH CELL PHONES 01.23.25-02.22.25 01/22/2025 01/22/2025 0.00 424.83
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 2 of 13
1772
Vendor Number
AUTOZONE STORES LLC
Total Vendor Amount
274.77
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 274.77
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 03760024986 UNIT 280 DL PURSUIT BRAKE 01/24/2025 01/24/2025 0.00 64.94 03760024996 UNIT 295 DURALAST PLATINU 01/24/2025 01/24/2025 0.00 209.83 1670
Vendor Number
BLUETRITON BRANDS INC
Total Vendor Amount
226.52
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 226.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 05A6707940541 WATER DELIVERY SERVICE 12.27.24-1.26.25 01/29/2025 01/29/2025 0.00 226.52 1038
Vendor Number
CALIFORNIA POLICE CHIEFS ASSOCIATION
Total Vendor Amount
875.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 875.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9290 MEMBERSHIP REGISTRATION - CHIEF 12/10/2024 12/10/2024 0.00 875.00 1756
Vendor Number
CALIFORNIA STAFFING SOLUTIONS INC.
Total Vendor Amount
1,026.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,026.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4090 PW TEMP STAFFING WEEK ENDING 12.29.24 01/14/2025 01/14/2025 0.00 769.50 4091 PW TEMP STAFFING WEEK ENDING 01.05.25 01/14/2025 01/14/2025 0.00 256.50 1766
Vendor Number
CALIFORNIA TURF EQUIPMENT & SUPPLY, INC
Total Vendor Amount
17.06 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 17.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 661965 PIN- HOC 01/14/2025 01/14/2025 0.00 17.06
1292
Vendor Number
CANON FINANCIAL SERVICES INC
Total Vendor Amount
847.95
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 847.95
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 37572851 PRINTER LEASE FOR CH, FIN TRLR, & TRANSIT JAN2025 01/12/2025 01/12/2025 0.00 847.95 1720
Vendor Number
CAPITAL INDUSTRIAL MEDICAL SUPPLY CO
Total Vendor Amount
124.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 124.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 203187 TRANSIT MEDICAL SUPPLIES 01/29/2025 01/29/2025 0.00 124.31 1614
Vendor Number
CAROLLO ENGINEERS, INC.
Total Vendor Amount
33,291.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 33,291.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FB60672 PROF SERVICES THROUGH 12.31.24 01/07/2025 01/07/2025 0.00 33,291.50
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 3 of 13
1272
Vendor Number
CIVICPLUS
Total Vendor Amount
1,947.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,947.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 324812 FULL SERVICE SUPPLEMENTATION SUBSCRIPTION 01/05/2025 01/05/2025 0.00 1,947.75 1045
Vendor Number
CLARK PEST CONTROL OF STOCKTON
Total Vendor Amount
560.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 560.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 36731887 COMM DEV PEST AWAY SERVICES 01.08.25 01/08/2025 01/08/2025 0.00 98.00 36731920 ARVIN PD PEST AWAY SERVICES 01.08.25 01/08/2025 01/08/2025 0.00 364.00 36731925 TRANSIT PEST AWAY SERVICES 1.08.25 01/08/2025 01/08/2025 0.00 98.00 1832
Vendor Number
CM JAIME PEREZ
Total Vendor Amount
732.34
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 732.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount LEAGUE OF CA CITIES LEAGUE OF CA CITIES REIMBURSEMENT 02/10/2025 02/10/2025 0.00 732.34 1020
Vendor Number
COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
2,472.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 2,472.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5193602-0103552 SUPPLEMENTAL INS JAN2025 02/06/2025 02/06/2025 0.00 2,472.36 1047
Vendor Number
COMMUNICATION ENTERPRISES
Total Vendor Amount
562.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 562.19
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1121159 LTR 450 DISPATCH PW JAN2025 01/06/2025 01/06/2025 0.00 255.00 1121160 LTR 450 DISPATCH TRANSIT JAN2025 01/06/2025 01/06/2025 0.00 180.00 1121250 COAX CABLE, NO - GRND ANTENN 01/14/2025 01/14/2025 0.00 127.19 1204
Vendor Number
COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount
33.55 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 33.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 559800 SMOTHERMON PARK SOCCER LEAGUE PADLOCK 01/16/2025 01/16/2025 0.00 33.55 1233
Vendor Number
DEWALT CORPORTATION
Total Vendor Amount
4,500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 4,500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1091873 ARVIN URBAN GREENING GRANT 01/07/2025 01/07/2025 0.00 4,500.00 1193
Vendor Number
DIAMOND TECHNOLOGIES INC
Total Vendor Amount
12,847.82
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 10,571.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 37504MS AGREEMENT MONTHLY O365 PD FEBRUARY 2025 02/01/2025 02/01/2025 0.00 1,372.80 37505MS AGREEMENT FOR MICROSOFT FEBRUARY 2025 02/01/2025 02/01/2025 0.00 1,036.36 37506 SECURECENTRIC + FIREWALL FEBRUARY 2025 02/01/2025 02/01/2025 0.00 8,162.34
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 4 of 13
Check 02/11/2025 2,276.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 38505277 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS 02/04/2025 02/04/2025 0.00 2,276.32 1822
Vendor Number
ELITE SITE SERVICES, INC.
Total Vendor Amount
2,082.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 2,082.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4417 SMOTHERMON PARK PORTABLE TOILET / HAND WASH 01/08/2025 01/08/2025 0.00 833.94 4540 SMOTHERMON PARK PORTABLE TOILTER / HAND WASH 01/24/2025 01/24/2025 0.00 1,248.82 1594
Vendor Number
ENTERPRISE FM TRUST
Total Vendor Amount
12,042.69
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 12,042.69
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 584808A-020625 LEASE CHARGE FEBRUARY 2025 02/10/2025 02/10/2025 0.00 12,042.69 1310
Vendor Number
ERIC REYES GUERRA
Total Vendor Amount
570.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 570.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0341 BUS WASH TRANSIT 01/31/2025 01/31/2025 0.00 570.00 1062
Vendor Number
FEDEX
Total Vendor Amount
37.49 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 37.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-757-00535 SHIPPING SERVICES FOR CH 01.24.25 01/31/2025 01/31/2025 0.00 37.49 1802
Vendor Number
FERGUSON US HOLDINGS, INC
Total Vendor Amount
27.72 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 27.72
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SC464 SERVICE CHARGE FOR JANUARY 2025 01/31/2025 01/31/2025 0.00 27.72 1811
Vendor Number
FLEETPRIDE, INC.
Total Vendor Amount
748.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 748.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 122549849 UNIT 207 AIR BAG 01/08/2025 01/08/2025 0.00 309.07 12258249 UNIT 207 NYLON TUBING , LARGE SQUARE WORKLAMP 01/08/2025 01/08/2025 0.00 249.45 122645042 LED LARGE SQUARE WORKLAMP 01/10/2025 01/10/2025 0.00 168.84 122692562 TRUCK 888 3X2 LAMP YELLOW 01/13/2025 01/13/2025 0.00 21.26 1830
Vendor Number
GLORIA HUGHES
Total Vendor Amount
679.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 679.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1202025 INTERPRETING SERVICES FOR COUNCIL MEETING 01/30/2025 01/30/2025 0.00 679.20
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 5 of 13
1019
Vendor Number
GUARDIAN
Total Vendor Amount
7,758.07
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 7,758.07
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 FEB 2025BUNDLE INSURANCE FEB2025 01/22/2025 01/22/2025 0.00 7,758.07 1160
Vendor Number
HAAKER EQUIPMENT COMPANY
Total Vendor Amount
2,285.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 2,285.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001604 MATERIAL FOR ASPHALT CRACK SEALER 02/11/2025 02/11/2025 0.00 2,285.25 1318
Vendor Number
HECTORS PLUMBING INC
Total Vendor Amount
180.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 180.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23-2275 141 N. A ST FLUSH VALVE TOILET LEAKING 12/27/2024 12/27/2024 0.00 180.00 1322
Vendor Number
JAKE RAPER JR
Total Vendor Amount
11,205.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 11,205.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001602 INVOICE 1 01/16/2025 01/31/2025 0.00 4,365.00 INV0001603 INVOICE 2 02/01/2025 02/16/2025 0.00 6,840.00 1232
Vendor Number
JEFFREY B KELLEY
Total Vendor Amount
243.02
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 243.02
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5521 TRANSIT KEYS, REPAIR RR LOCK 01/13/2025 01/13/2025 0.00 126.65 5532 PD KEYS, CODE OUT FILE CABINET KEY 01/16/2025 01/16/2025 0.00 116.37 1089
Vendor Number
KERN COUNTY DISTICT ATTORNEY
Total Vendor Amount
31,378.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 31,378.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2223_Arvin FY 22-23 DUI BILLING PENAL CODE 07/01/2024 07/01/2024 0.00 13,970.32 2324_ARVIN FY 23-24 DUI BILLING PENAL CODE 10/15/2024 10/15/2024 0.00 17,408.38 1050
Vendor Number
KERN COUNTY INFORMATION SERVICES - KERN ITS
Total Vendor Amount
210.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 210.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1160-08372 CJIS ACCSS LIC FEE JANUARY 2025 - MARCH 2025 01/16/2025 01/16/2025 0.00 210.00 1164
Vendor Number
KERN MACHINERY
Total Vendor Amount
773.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 773.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101-1214648 STIHL HT101 SERVICE AND CHECK CHAIN 01/08/2025 01/08/2025 0.00 237.51 101-1214653 CHECK CHAIN AND SERVICE 01/08/2025 01/08/2025 0.00 300.77 101-1215516 CHAINS FOR CHAIN SAWS 01/13/2025 01/13/2025 0.00 234.84
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 6 of 13
1095
Vendor Number
KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount
830.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 830.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 164951 SQUARE MAGNUM GATORLI 01/07/2025 01/07/2025 0.00 830.06 1331
Vendor Number
LN CURTIS & SONS
Total Vendor Amount
701.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 701.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV910048 CARRIER AND POUCHES OFC ALWAW 01/28/2025 01/28/2025 0.00 350.85 INV910208 OFC ABARCA CARRIER AND POUCHES 01/28/2025 01/28/2025 0.00 350.85 1168
Vendor Number
LOWES
Total Vendor Amount
1,166.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,166.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 758707537 KOVACEVICH PARK MATERIAL FOR BACKSTOP 01/22/2025 01/22/2025 0.00 793.97 8125534668 KOVACEVICH PARK 01/22/2025 01/22/2025 0.00 372.41 1102
Vendor Number
MOUNTAINSIDE DISPOSAL
Total Vendor Amount
781.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 781.45
Payable Number Description Payable Date Due Date Discount Amount Payable Amount N4855170029 BIN RENT AND 4 YD ROLL OFF FEBRUARY 2025 02/01/2025 02/01/2025 0.00 781.45 1107
Vendor Number
OPEN & SHUT ENTERPRISES
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 108493 GATE #2 STUCK OPEN 01/07/2025 01/07/2025 0.00 300.00 1184
Vendor Number
OREILLY AUTOMOTIVE INC
Total Vendor Amount
2,748.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 2,748.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-416378 TRUCK 888 MOTOR OIL, CIRCUIT BREAKER 12/30/2024 12/30/2024 0.00 97.36 4451-417010 UNIT 203 DISC PAD SET 01/03/2025 01/03/2025 0.00 513.54 4451-417559 UNIT 320 WIPER 01/06/2025 01/06/2025 0.00 59.45 4451-417589 UNIT 319 SHIFT SELECT, TUBE 01/06/2025 01/06/2025 0.00 120.45 4451-417633 UNIT 319 SHIFT INTERL 01/06/2025 01/06/2025 0.00 45.83 4451-4177325 UNIT 203 STOPLIGHT SW 01/07/2025 01/07/2025 0.00 18.33 4451-417788 AIR FILTERS FOR TRANSIT 01/07/2025 01/07/2025 0.00 262.27 4451-417885 TRUCK 888 BATTERY CLEANER, COPPER LUGS 01/08/2025 01/08/2025 0.00 44.34 4451-417886 TRUCK 888 WIRE LOOM 01/08/2025 01/08/2025 0.00 37.89 4451-418068 BATTERY FOR UNIT 999 01/09/2025 01/09/2025 0.00 201.92 4451-418213 ANTI FREEZE , MOTOR OIL FOR TRANSIT 01/10/2025 01/10/2025 0.00 281.27 4451-418821 PD OIL FILTER , AIR FILTER , CABIN FILTER 01/13/2025 01/13/2025 0.00 81.91 4451-418822 TRUCK 888 RHINO RAMP 01/13/2025 01/13/2025 0.00 64.94 4451-418833 PD LD AIR FILTER 01/13/2025 01/13/2025 0.00 27.14 4451-419331 UNIT 302 SPINNER FOR SWEEPER 01/15/2025 01/15/2025 0.00 20.56 4451-419625 UNIT 294 MOTOR OIL , OIL FILTER 01/17/2025 01/17/2025 0.00 77.62 4451-419626 UNIT 293 BRAKE PADS, CV SHIFT 01/17/2025 01/17/2025 0.00 296.80 4451-419630 UNIT 280 CAPSULE , CABIN FILTER 01/17/2025 01/17/2025 0.00 64.96 4451-419632 TURCK 888 ANTI FREEZE 01/17/2025 01/17/2025 0.00 35.70 4451-419773 UNIT 293 BRAKE PADS 01/17/2025 01/17/2025 0.00 137.80
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 7 of 13
4451-419787 UNIT 292 BRAKE PADS 01/17/2025 01/17/2025 0.00 297.87 4451-420466 UNIT 292 MOTOR OIL , AIR FILTER 01/21/2025 01/21/2025 0.00 77.62 4451-420467 UNIT 288 2PK- KEYLESS 01/21/2025 01/21/2025 0.00 11.90 4451-420850 UNIT 400 MOTOR OIL , AIR FILTER 01/23/2025 01/23/2025 0.00 77.62 4451-420851 UNIT 401 BRAKE PADS 01/23/2025 01/23/2025 0.00 137.80 CM0000037 UNIT 293 BRAKE PADS 01/17/2025 01/17/2025 0.00 -136.73 CM0000038 OIL FILTER , AIR FILTER RETURNED PD 01/13/2025 01/13/2025 0.00 -31.44 CM0000039 UNIT 203 CORE TURN 01/06/2025 01/06/2025 0.00 -192.44 SC04733697 LATE FEE CHARGES 01/28/2025 01/28/2025 0.00 16.61 1642
Vendor Number
OSCAR AGUILERA GONZALEZ
Total Vendor Amount
2,700.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 2,700.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 212 PD TROUBLE SHOOT CALL, NO POWER 01/06/2025 01/06/2025 0.00 750.00 224 APD / CH TROUBLE SHOOT LIGHTING 01/17/2025 01/17/2025 0.00 650.00 225 ADOBE COMPLEX TROUBLE SHOOTING 01/17/2025 01/17/2025 0.00 650.00 226 SMOTHERMON PARK TROUBLE SHOOT POWER ISSUE 01/17/2025 01/17/2025 0.00 650.00 1108
Vendor Number
PG & E
Total Vendor Amount
1,226.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,226.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2004215572-9 12.21.24-01.21.25 2004215572-9 12.21.24-01.21.25 01/22/2025 01/22/2025 0.00 534.26 7368140966-7 12.20.24-01.20.25 7368140966-7 12.20.24-01.20.25 01/21/2025 01/21/2025 0.00 164.65 8440977428-2 12.31.24-01.29.25 8440977428-2 12.31.24-01.29.25 01/29/2025 01/29/2025 0.00 300.04 9132070691-3 01.01.25-01.21.25 9132070691-3 01.01.25-01.21.25 01/22/2025 01/22/2025 0.00 200.89 9307046200-2 12.21.24-01.21.25 9307046200-2 12.21.24-01.21.25 01/23/2025 01/23/2025 0.00 26.28 1449
Vendor Number
PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
19,981.08
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 19,981.08
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 30858 COA CUP MEYERS & MILLUX RDS 01/08/2025 01/08/2025 0.00 3,057.50 30859 COA SOLAR ARRAY SITE 01/08/2025 01/08/2025 0.00 110.00 30860 COA NEPA SERVICES MEYER STREET RENOVATION 01/08/2025 01/08/2025 0.00 9,671.08 30930 COA ON CALL PLANNING SUPPORT 01/10/2025 01/10/2025 0.00 7,142.50 1346
Vendor Number
QUAD KNOPF INC
Total Vendor Amount
4,740.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 4,740.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 126209 ON CALL LAND SURVEYING SERVICES 12.08.24- 01.04.25 01/17/2025 01/17/2025 0.00 374.00 126230 KOVACEVICH PARK CONSTRUCTION 12.08.24 - 01.04.25 01/17/2025 01/17/2025 0.00 4,366.96 1831
Vendor Number
QUICKEROO #567
Total Vendor Amount
4.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 4.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount OVERPAYMENT FOR BUSINESS LICENSE OVERPAYMENT FOR BUSINESS LICENSE 01/30/2025 01/30/2025 0.00 4.00
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 8 of 13
1115
Vendor Number
RAYMONDS TROPHY & AWARDS
Total Vendor Amount
15.16 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 15.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 100160 PLATES FOR MAYOR AND NEW COUNCIL MEMBER 01/10/2025 01/10/2025 0.00 15.16 1117
Vendor Number
RCN TECHNOLOGIES
Total Vendor Amount
389.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 389.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV-42070 NOC 1YR MONTHLY DECEMBER 2024 12/01/2024 12/01/2024 0.00 194.85 INV-42203 NOC 1YR LICENSE MONTHLY JANUARY 2025 01/01/2025 01/01/2025 0.00 194.85 1596
Vendor Number
ROBERT HALF
Total Vendor Amount
3,487.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 3,487.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 64596226 WEEK ENDING 09.06.24 FOR JAZMIN C. 01/30/2025 01/30/2025 0.00 160.00 64599613 WEEK ENDING 12.27.24 FOR JAZMIN C. 02/03/2025 02/03/2025 0.00 360.00 64599614 WEEK ENDING 01.03.25 FOR JAZMIN C. 02/03/2025 02/03/2025 0.00 360.00 64600269 WEEK ENDING 01.31.25 FOR JAZMIN C. 02/03/2025 02/03/2025 0.00 1,293.60 64625663 WEEK ENDING 02.07.25 FOR JAZMIN C. 02/10/2025 02/10/2025 0.00 1,293.60 64655430 WEEK ENDING 09.06.24 FOR JAZMIN C. 02/10/2025 02/10/2025 0.00 20.00 1200
Vendor Number
SELF HELP ENTERPRISES
Total Vendor Amount
1,657.28
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,416.47
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DECEMBER 2024 22-CDBG-HA-10029 DECEMBER 2024 01/14/2025 01/14/2025 0.00 1,416.47 Check 02/11/2025 240.81
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DECEMBER2024 22-CDBG-NH-00002 DECEMBER 2024 01/14/2025 01/14/2025 0.00 240.81 1806
Vendor Number
SHAW SERVICES
Total Vendor Amount
4,090.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 4,090.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1090-2 HP WATER WELL UNIT 11.21.24-1.14.25 01/16/2025 01/16/2025 0.00 4,090.00 1123
Vendor Number
SO CAL GAS CO
Total Vendor Amount
1,318.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,318.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 12.26.24-01.24.25 SERVICES 12.26.24-01.24.25 01/28/2025 01/28/2025 0.00 1,318.26 1125
Vendor Number
SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
2,141.72
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 2,141.72
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES JANUARY 2025 UNIFORM SERVICES JANUARY 2025 01/31/2025 01/31/2025 0.00 2,141.72
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 9 of 13
1033
Vendor Number
SPECTRUM BUSINESS
Total Vendor Amount
400.35
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 400.35
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901020125 SERVICE FEBRUARY 2025 02/10/2025 02/10/2025 0.00 291.36 168251101012125 PUBLIC WORKS SVC 01.29.25- 02.28.25 01/21/2025 01/21/2025 0.00 108.99 1126
Vendor Number
STAPLES BUSINESS CREDIT
Total Vendor Amount
1,921.39
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,921.39
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7003832790 OFFICE SUPPLIES FOR THE CITY JAN 2025 01/25/2025 01/25/2025 0.00 1,921.39 1131
Vendor Number
TEL-TEC SECURITY SYSTEMS
Total Vendor Amount
55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 872325 ARVIN ADOBE COMPLEX FIRE MONITORING FEB 2025 02/01/2025 02/01/2025 0.00 55.00 1242
Vendor Number
TYACK TIRES INC
Total Vendor Amount
1,457.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,457.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 239010 UNIT 205 WHEEL BALANCE , MOUNT STEER 01/16/2025 01/16/2025 0.00 340.00 239139 UNIT 400 FLAT REPAIRS 01/21/2025 01/21/2025 0.00 28.12 239158 UNIT 280 TIRE AND MOUNT 01/22/2025 01/22/2025 0.00 86.24 239209 UNIT 282 TPMS SENSOR 01/27/2025 01/27/2025 0.00 89.95 239302 UNIT 110 TIRES 01/30/2025 01/30/2025 0.00 568.77 239309 UNIT 283 TPMS SENSORS 01/31/2025 01/31/2025 0.00 344.80 1355
Vendor Number
UNIFORM HEADQUARTERS
Total Vendor Amount
1,676.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,676.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 070795 OFC JIMENEZ SHOULDER PATCHES 11/14/2024 11/14/2024 0.00 659.30 070855 OFC ABARCA UNIFORM 12/19/2024 12/19/2024 0.00 1,017.53 1145
Vendor Number
VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
19,891.84
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 19,891.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000196684 PASSTHROUGH WASTEWATER DECEMBER 2024 01/22/2025 01/22/2025 0.00 19,891.84 1723
Vendor Number
VERIZON WIRELESS 609123961 7
Total Vendor Amount
498.84
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 498.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6104501521 ARVIN PW CELL PHONES 12.26.24-01.25.25 01/25/2025 01/25/2025 0.00 498.84
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 10 of 13
1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
1,413.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,413.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6104501519 ARVIN PD CELL PHONES 12.26.24-01.25.25 01/25/2025 01/25/2025 0.00 1,413.38 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
848.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 848.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6104501520 ARVIN PD AIR CARDS 12.26.24-01.25.25 01/25/2025 01/25/2025 0.00 848.32 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 576.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6104726261 TRANSIT SVCS 12.29.24-01.28.25 01/28/2025 01/28/2025 0.00 576.32 1142
Vendor Number
WELLS FARGO LEASE PMTS
Total Vendor Amount
396.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 396.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5032893923 COMM DEV LEASE 01.12.25- 02.11.25 01/17/2025 01/17/2025 0.00 285.91 5032973073 COMM DEV LEASE 01.21.25 - 02.20.25 01/24/2025 01/24/2025 0.00 110.88 Bank: PY - Payroll Vendor Payables
1003
Vendor Number
AFLAC
Total Vendor Amount
40.98 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 40.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001558 AFLAC 01/17/2025 01/17/2025 0.00 20.49
INV0001580 AFLAC 01/31/2025 01/31/2025 0.00 20.49
1006
Vendor Number
ALLSTATE
Total Vendor Amount
217.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 217.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001559 ALLSTATE 01/17/2025 01/17/2025 0.00 108.73
INV0001581 ALLSTATE 01/31/2025 01/31/2025 0.00 108.73
1013
Vendor Number
ARVIN POLICE OFFICERS
Total Vendor Amount
1,900.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 1,900.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001560 APOA Dues 01/17/2025 01/17/2025 0.00 950.00
INV0001582 APOA Dues 01/31/2025 01/31/2025 0.00 950.00
1017
Vendor Number
CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
2,091.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 2,091.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001561 SEIU Dues 01/17/2025 01/17/2025 0.00 27.00
INV0001562 SEIU Dues 01/17/2025 01/17/2025 0.00 1,035.43
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 11 of 13
INV0001583 SEIU Dues 01/31/2025 01/31/2025 0.00 27.00
INV0001584 SEIU Dues 01/31/2025 01/31/2025 0.00 975.63
INV0001598 SEIU Dues 01/31/2025 01/31/2025 0.00 26.54
1312
Vendor Number
FRANCHISE TAX BOARD
Total Vendor Amount
3,050.68
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/11/2025 950.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001564 Ruben Gonzalez 01/17/2025 02/15/2025 0.00 950.34 Check 02/11/2025 275.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001565 MEGAN SNYDER 01/17/2025 02/15/2025 0.00 275.00 Check 02/11/2025 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001566 ALEX GHAZARIAN 01/17/2025 02/15/2025 0.00 300.00 Check 02/11/2025 950.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001586 Ruben Gonzalez 01/31/2025 02/15/2025 0.00 950.34 Check 02/11/2025 275.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001587 MEGAN SNYDER 01/31/2025 02/15/2025 0.00 275.00 Check 02/11/2025 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001588 ALEX GHAZARIAN 01/31/2025 02/15/2025 0.00 300.00
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 12 of 13
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 146 69 0.00 219,301.07
Packet Totals: 146 69 0.00 219,301.07
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check 17 10 0.00 7,300.72
Packet Totals: 17 10 0.00 7,300.72
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20, Payment Register APPKT00922 - FOR AP 2/11/2025
2/11/2025 3:36:53 PM Page 13 of 13
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -226,601.79
Packet Totals: -226,601.79
5.A.1
Attachment: Demand Register(s) of February 07, 2025 - February 20, 2025_redacted (Demand Register(s) of February 07, 2025 - February 20,
5.B.1
Attachment: Payroll Register(s) of February 14, 2025 (Payroll Register(s) of February 14, 2025.)
5.B.1
Attachment: Payroll Register(s) of February 14, 2025 (Payroll Register(s) of February 14, 2025.)
5.B.1
Attachment: Payroll Register(s) of February 14, 2025 (Payroll Register(s) of February 14, 2025.) Arvin City Council Meeting Minutes – January 14, 2025
REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
JANUARY 14, 2025
CALL TO ORDER @ 6:03PM
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL: All present.
1. APPROVAL OF AGENDA AS TO FORM.
Motion to approve the Agenda with the following changes:
- Move Discussion Item 3E to be considered after Agenda Item 2 and prior to Discussion Item 3A.
- Remove Public Hearing items 5A, 5B, and 5C to allow for proper posting of the public hearing notices.
- Remove Action Items 6D and 6H.
Motion Mayor Calderon Second CM Perez Vote 2-2 (CM Horton and MPT Reyes voted No.)
Motion to approve the Agenda with the following changes:
- Move Discussion Item 3E to be considered after Agenda Item 2 and prior to Discussion Item 3A.
- Remove Public Hearing items 5A, 5B, and 5C to allow for proper posting of the public hearing notices.
- Remove Action Item 6H.
Motion CM Horton Second MPT Reyes Vote 3-1 (Mayor Calderon voted No.)
2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 14, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 14, 2025
3. DISCUSSION ITEMS
A. Process to fill vacant Councilmember position.
B. Locations and budget for LED Stoplights within the City.
C. Update on actions to repair nonoperational streetlights within the City.
D. Update on street sweeper operations within the City.
E. “Know Your Rights - Immigration” Community Town Hall Meetings.
Above Discussion Item 3E was discussed after Agenda Item 2 and prior to Discussion Item 3A.
4. CONSENT AGENDA ITEMS
A. Approval of Demand Register(s) of December 05, 2024 – December 19, 2024.
B. Approval of Payroll Register(s) of November 19, 2024 – December 30, 2024.
C. Approval of the Minutes of the Regular Arvin City Council Meeting(s) of October 22, 2024, and December 10, 2024.
D. Approval to Host A “Know Your Rights” Town Hall Meeting at Faro Church, 500 Campus Drive, Arvin on January 16, 2025 at 6:00pm; and Authorization to Purchase Special Event Insurance.
Staff recommends approval of the consent agenda.
Motion to approve Consent Agenda Items 4A – 4D.
Motion CM Horton Second CM Perez Vote 4-0
5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Declaring There Are No Unmet Transit Needs That Can Be Reasonably Met Within the City of Arvin.
Staff recommends to open the hearing, allow for public testimony, close the hearing, and approve the Resolution.
Above Public Hearing Item 5A was removed from the agenda.
B. A Public Hearing to Consider Introduction and First Reading of An Ordinance of the City Council of the City of Arvin Approving Zoning Code Amendment 2025-01 – Ordinance Amending Chapter 17.51 Accessory Dwelling Unit and Acceptance of the California Environmental Quality Act (CEQA) Notice of Exemption.
5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 14, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 14, 2025
Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.
Above Public Hearing Item 5B was removed from the agenda.
C. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Amending the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan and Adoption of Exemption pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3).
Staff recommends to open the hearing, allow for public testimony, close the hearing, and approve Resolution.
Above Public Hearing Item 5C was removed from the agenda.
6. ACTION ITEM(S)
A. Election of Vice Mayor.
Staff recommends the City Council nominate and vote for a Councilmember to serve as Vice Mayor (Mayor Pro Tem) for the City of Arvin.
Mayor Olivia Calderon nominated Councilmember Jaime Perez.
Councilmember Jaime Perez nominated Councilmember Jaime Perez (self).
Vote 2-2 (CM Horton and MPT Reyes voted No.)
Councilmember Donny Horton nominated Mayor Pro Tem Susana Reyes.
Mayor Pro Tem Susana Reyes nominated Mayor Pro Tem Susana Reyes (self).
Vote 3-1 (CM Perez voted No.)
Susana Reyes was appointed to continue to serve as the Mayor Pro Tem.
B. Consideration and Approval of Grants Manager Employment Agreement. (HR Manager to provide report). This item was directed to staff by the City Council at the meeting of December 10th, 2024 to present this item to the City Council as an agenda item for the meeting of January 14th, 2025.
Staff recommends approval of the Grants Manager Employment Agreement.
Motion to approve the Grants Manager Employment Agreement.
Motion CM Horton Second MPT Reyes Vote 2-2 (CM Perez and Mayor Calderon voted No.)
5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 14, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 14, 2025
C. Consideration and Approval of Transportation Manager Job Description and Employment Agreement. (HR Manager to provide report) This item was directed to staff by the City Council at the meeting of December 10th, 2024 to present this item to the City Council as an agenda item for the meeting of January 14th, 2025.
Staff recommends consideration and adoption of the job description and employment contract.
Motion to approve the Transportation Manager Job Description and Employment Agreement.
Motion CM Horton Second MPT Reyes Vote 2-2 (CM Perez and Mayor Calderon voted No.)
D. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving Single Source Two-Year Subscription Purchase of Eighteen (18) Flock Safety Falcon Cameras and Related Technology from Flock Group, Inc. in the amount of $109,550.00. (Chief of Police to provide staff report) This item was tabled at the City Council meeting of December 10th, 2024 to the City Council meeting of January 14th, 2025.
Staff recommends discussion and possible approval of the resolution and subscription purchase.
Twenty-four (24) members of the public provided comments related to above Action Item 6D: Eleven (11) against the purchase of the flock cameras; Nine (9) in favor of the purchase of the flock cameras; and four (4) provided suggestions and concerns with pros and cons.
Motion to table above Action Item 6D to provide the opportunity for the public to obtain further information and to have their questions answered at a community meeting to be scheduled in the future by the City.
Motion MPT Reyes Second CM Perez Vote 4-0
Motion to move Action Item 6I to be considered after Action Item 6D; and table Action Items 6E, 6F, 6G, 6J, 6K, 6L, and 6M to the City Council Meeting of January 28, 2025; and remove Agenda Item 7 Council Member Comments.
Motion MPT Reyes Second CM Horton Vote 4-0
E. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving Piggy-Back Purchase by Either Cash or Five Year Lease of Dell Power Edge Server R-650, Dell ME 5012 Storage Array, and Related Software and Installation from Diamond IT in the amount of $99,015.84. (City Manager to provide staff report).
Staff recommends approval of the resolution and to provide authorization to the City Manager to purchase the equipment.
Above Action Item 6E was tabled to the City Council Meeting of January 28, 2025.
5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 14, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 14, 2025
F. Consideration and Approval of the Service Employees International Union Local 521 (SEIU) Side Letter 1.25 between SEIU and the City of Arvin. (HR Manager to provide staff report).
Staff recommends consideration and potential approval of the side letter between SEIU and the City of Arvin.
Above Action Item 6F was tabled to the City Council Meeting of January 28, 2025.
G. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving Vesting Tract Map No. 7358, Bisla Farms, Time Extension to December 13, 2027, and that City Staff and Applicant Prepare An Improvement Plan for the Phasing of Final Maps, Security for Financing Improvements for each Phased Map, and Implementation of Conditions of Approval and Adopted Mitigation Measures.
Staff recommends consideration and approval of the resolution.
Above Action Item 6G was tabled to the City Council Meeting of January 28, 2025.
H. Consideration and Approval of A Resolution of the City Council of the City of Arvin (1) Declaring Central Natural Gas (CNG) Gas Station Equipment as Surplus and (2) Directing the City Manager to Authorize Sale of the Equipment. (Transit Manager to provide staff report). This item was tabled by the City Council at the December 10th, 2024 meeting to the January 10th, 2025 City Council meeting.
Staff recommends consideration and approval of the resolution declaring the CNG facilities as surplus and directing the City Manager to authorize sale of the equipment.
Above Action Item 6H was removed from the agenda.
I. Consideration and Approval of A Motion of the City Council of the City of Arvin Setting January 28, 2025 Public Hearing Date for Appeal Submitted by the Arvin Community Services District Relating to the Arvin Planning Commission Action of December 17, 2024 for (1) Conditional Approval of Conditional Use Permit 2024-Solar Array and for (2) Conditional Approval of Site Development Permit Number 2024-Arvin CSD Solar Array – Development of 6.84 Acre Rotating Ground Mounted Solar Array and Easements Serving Two Existing Water Wells. (Contract City Planner to provide staff report)
Staff recommends that the City Council approve a motion setting January 28, 2025 as the date for the appeal hearing requested by the Arvin Community Services District.
5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 14, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 14, 2025
Motion to approve setting January 28, 2025 as the date for the appeal hearing requested by the Arvin Community Services District.
Motion MPT Reyes Second Mayor Calderon Vote 4-0
J. Consideration and Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid to Dave Bang Associates, Inc. to Install Two Bleachers, One Custom Backstop and Two Concrete Pads at DiGiorgio Park in the total amount of $91,250.00, and Authorizing the City Manager to Enter Into A Contract Agreement with Dave Bang Associates for same. (City Manager to present staff report).
Staff recommends that the City Council approve the bid by Dave Bang Associates, Inc. and authorize the City Manager to enter into a contract for same.
Above Action Item 6J was tabled to the City Council Meeting of January 28, 2025.
K. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving the Sole Source Purchase of SL-Rat and Related Technology from InfoSense, Inc. for the Arvin Wastewater Treatment Facility in the amount of $29,650.00, and Related Budget Amendments. (City Manager or Veolia Plant Manager to provide staff report).
Staff recommends approval of the resolution and the sole-source purchase agreement.
Above Action Item 6K was tabled to the City Council Meeting of January 28, 2025.
L. Consideration and Approval of A Resolution of the City Council of the City of Arvin Declaring Five (5) Public Works Vehicles as Surplus and Authorizing the City Manager to Sell the Same. (City Manager to provide staff report).
Staff recommends approval of the resolution declaring the five public works vehicles as surplus and authorizes the City Manager to sell the same.
Above Action Item 6L was tabled to the City Council Meeting of January 28, 2025.
M. Consideration and Approval of Code Enforcement Classification and Updated Salary Schedule. (HR Manager to provide report).
Staff recommends approval of the code enforcement classification and updated salary schedule.
Above Action Item 6M was tabled to the City Council Meeting of January 28, 2025.
5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 14, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 14, 2025
7. COUNCIL MEMBER COMMENTS
Above Item 7 was removed from the agenda.
8. CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): seven cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) CLOSED SESSION REPORT BY CITY ATTORNEY:
8A. Case No. 1: No reportable action taken.
Case No. 2: Removed from the agenda.
Case No. 3: Direction provided to the City Manager concerning taking action concerning third-party investigation.
Case No. 4: Direction provided to the City Manager to obtain results concerning water testing.
Case No. 5: Status update provided concerning red tagged properties; No reportable action taken.
Case No. 6: No reportable action taken.
Case No. 7: No reportable action taken.
8B. Direction was given to City Manager concerning the wastewater treatment plant.
9. ADJOURNED @ 12:18AM (January 15, 2025)
Respectfully submitted,
Cecilia Vela, City Clerk
5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of January 14, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 28, 2025
REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
JANUARY 28, 2025
CALL TO ORDER @ 6:02PM
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL: All present; One councilmember seat vacant. Councilmember Horton was present during open session from commencement of meeting through the end of Public Hearing Item 5C and was absent during Public Hearing Item 5D through the end of the meeting.
1. APPROVAL OF AGENDA AS TO FORM.
Motion to approve the agenda with removal of Action Item 6G.
Motion CM Perez Second MPT Reyes Vote 4-0
2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
3. DISCUSSION ITEM(S)
A. Discussion on AB 617 Community Air Initiatives – Update on Funding for Road Improvements.
B. Discussion on Request for Proposal (RFP) for City Attorney Services.
4. CONSENT AGENDA ITEMS
A. Approval of Demand Register(s) of December 20, 2024 – January 23, 2025.
B. Approval of Payroll Register(s) of January 03, 2025 and January 17, 2025.
C. Approval of A Resolution of the City Council of the City of Arvin Approving Budget Amendment Number 2425-02 in the amount of $32,000.00.
Resolution No. 2025-01
5.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 28, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 28, 2025
D. Approval of A Resolution of the City Council of the City of Arvin Regarding the Preparing of the 2025 Local Appointments List and Posting of the Same.
Resolution No. 2025-02
Staff recommends approval of the consent agenda.
Motion to approve Consent Agenda Items 4A – 4D with the following change:
- Table payment for vendor #1340 - Nathan M Hodges, for legal fees of December 2024, from the demand register, Consent Agenda Item 4A until further discussion.
Motion Mayor Calderon Second CM Perez Vote 4-0
5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Introduction and First Reading of An Ordinance of the City Council of the City of Arvin Approving Zoning Code Amendment 2025-01 – Ordinance Amending Chapter 17.51 Accessory Dwelling Unit and Acceptance of the California Environmental Quality Act (CEQA) Notice of Exemption. (Planner to provide staff report).
Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.
Hearing opened.
No public testimony received.
Hearing closed.
Motion to waive first reading of the ordinance to be read by title only; and approve the introduction of the Ordinance.
Motion MPT Reyes Second CM Horton Vote 4-0
B. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Amending the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan and Adoption of Exemption pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3). (Planner to provide staff report).
Staff recommends to open the hearing, allow for public testimony, close the hearing, and approve the Resolution.
Hearing opened.
No public testimony received.
Hearing closed.
Motion to approve the Resolution.
Motion MPT Reyes Second CM Horton Vote 4-0
Resolution No. 2025-03
5.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 28, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 28, 2025
C. A Public Hearing for Appeal Submitted by the Arvin Community Services District Relating to the Arvin Planning Commission Action of December 17, 2024 for (1) Conditional Approval of Conditional Use Permit 2024-Solar Array and for (2) Conditional Approval of Site Development Permit Number 2024- Arvin CSD Solar Array – Development of 6.84 Acre Rotating Ground Mounted Solar Array and Easements Serving Two Existing Water Wells. (Planner to provide staff report).
Staff recommends to open the hearing, allow for public testimony, close the hearing, and to consider the appeal and provide staff with direction based on the options described in the staff report.
Hearing opened.
Public testimony: Five (5) members of the public provided comments in favor of the project.
Motion to table the hearing to the following Regular City Council Meeting of February 11, 2025 and for the Arvin Community Services District to further discuss conditions with City staff related to removing the discretionary conditions and reconsider conditions regarding Celestial Way.
Motion CM Horton Second CM Perez Vote 4-0
D. A Public Hearing (General Plan Amendment - GPA 2025-01) to Consider A Resolution of the City Council of the City of Arvin Adopting the 2023-2031 Housing Element and the Fair Housing Analysis Dated January 2025; and Authorizing Staff to Forward the Housing Element to the State of California Department of Housing and Community Development for Final Review; and to Accept the Notice of Exemption of the California Environmental Quality Act (CEQA). (Planner to provide staff report).
Staff recommends to open the hearing, allow for public testimony, close the hearing, and approve the Resolution.
Hearing opened.
No public testimony received.
Hearing closed.
Motion to approve the Resolution.
Motion CM Perez Second MPT Reyes Vote 3-0
Resolution No. 2025-04
5.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 28, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 28, 2025
6. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving Vesting Tract Map No. 7358, Bisla Farms, Time Extension to December 13, 2027, and that City Staff and Applicant Prepare An Improvement Plan for the Phasing of Final Maps, Security for Financing Improvements for each Phased Map, and Implementation of Conditions of Approval and Adopted Mitigation Measures. (Planner to provide the staff report.)
This item was tabled by the City Council at the January 14, 2025 meeting to the January 28, 2025 City Council meeting.
Staff recommends consideration and approval of the resolution.
Motion to approve the Resolution.
Motion CM Perez Second MPT Reyes Vote 3-0
Resolution No. 2025-05
B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Declaring Five (5) Public Works Vehicles as Surplus and Authorizing the City Manager to Sell the Same. (City Manager to provide staff report).
This item was tabled by the City Council at the January 14, 2025 meeting to the January 28, 2025 City Council meeting.
Staff recommends approval of the resolution declaring the five public works vehicles as surplus and authorize the City Manager to sell the same.
Motion to approve the Resolution.
Motion CM Perez Second MPT Reyes Vote 3-0
Resolution No. 2025-06
C. Consideration and Approval of A Resolution of the City Council of the City of Arvin To Authorize the Mayor and/or City Manager to Enter Into A Contract with Diamond IT in an amount not to exceed $99,015.84 for the Purchase of Dell Power Edge R650 Server, DELL ME-5012 Storage Array, Related Software and Installation Charges, and Financing of the same. (City Manager to provide staff report.)
This item was tabled by the City Council at the January 14, 2025 meeting to the January 28, 2025 City Council meeting.
Staff recommends approval of the resolution and to provide authorization to the City Manager to purchase the equipment contingent upon obtaining financing.
Motion to approve the Resolution.
Motion Mayor Calderon Second MPT Reyes Vote 3-0
Resolution No. 2025-07
Agreement No. 2025-01
5.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 28, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 28, 2025
D. Consideration and Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid to Dave Bang Associates, Inc. to Install Two Bleachers, One Custom Backstop and Two Concrete Pads at DiGiorgio Park in the total amount of $91,250.00, and Authorizing the City Manager to Enter Into A Contract Agreement with Dave Bang Associates for same. (City Manager to present staff report).
This item was tabled by the City Council at the January 14, 2025 meeting to the January 28, 2025 City Council meeting.
Staff recommends that the City Council approve the bid by Dave Bang Associates, Inc. and authorize the City Manager to enter into a contract for same.
Motion to approve the Resolution.
Motion MPT Reyes Second CM Perez Vote 3-0
Resolution No. 2025-08
E. Consideration and Approval of the Service Employees International Union Local 521 (SEIU) Side Letter 1.25 between SEIU and the City of Arvin. (HR Manager to provide staff report).
This item was tabled by the City Council at the January 14, 2025 meeting to the January 28, 2025 City Council meeting.
Staff recommends consideration and potential approval of the side letter between SEIU and the City of Arvin.
Motion to approve the Service Employees International Union Local 521 (SEIU) Side Letter 1.25 between SEIU and the City of Arvin.
Motion MPT Reyes Second CM Perez Vote 3-0
Agreement No. 2025-02
F. Consideration and Approval of A Resolution of the City Council of the City of Arvin (1) Declaring Central Natural Gas (CNG) Gas Station Equipment as Surplus and (2) Directing the City Manager to Authorize Sale of the Equipment. (Transit Manager to provide staff report).
This item was tabled by the City Council at the December 10, 2024 meeting to the January 14, 2025 City Council meeting.
Staff recommends consideration and approval of the resolution declaring the CNG facilities as surplus and directing the City Manager to authorize sale of the equipment.
Motion to table above Action Item 6F to the Regular Council Meeting of February 25, 2025.
Motion MPT Reyes Second CM Perez Vote 3-0
5.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 28, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 28, 2025
G. Consideration and Approval of Code Enforcement Classification and Updated Salary Schedule. (HR Manager to provide report).
This item was tabled by the City Council at the January 14, 2025 meeting to the January 28, 2025 City Council meeting.
Staff recommends approval of the code enforcement classification and updated salary schedule.
Above Action Item 6G was removed from the agenda.
H. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving the Sole Source Purchase of SL-Rat and Related Technology from InfoSense, Inc. for the Arvin Wastewater Treatment Facility in the amount of $35,500.00, and Related Budget Amendments. (City Manager or Veolia Plant Manager to provide staff report).
This item was tabled by the City Council at the January 14, 2025 meeting to the January 28, 2025 City Council meeting.
Staff recommends approval of the resolution and the sole-source purchase agreement.
Motion to approve the Resolution and the sole-source purchase.
Motion CM Perez Second Mayor Calderon Vote 3-0
Resolution No. 2025-09
I. Consideration and Approval of Amendment No. 1 to Master Services Agreement Number 2023-31 Dated December 4, 2023, Between Veolia Sustainable Buildings USA West, Inc., Formerly Known As Enovity, Inc. and the City of Arvin for A Contingency Budget in the amount of $615,153.00 for Payment for PG&E Utility Upgrades and Other Scope Items for the City of Arvin’s Wastewater Treatment Plant Solar Renewable Energy Project, and Related Budget Adjustments. (City Manager to provide staff report.) Staff recommends approval of Amendment No. 1 to Master Services Agreement 2023-31.
Motion to table above Action Item 6I to the Regular City Council Meeting of February 25, 2025.
Motion Mayor Calderon Second CM Perez Vote 3-0
J. Consideration and Approval of the City Council of the City of Arvin Awarding A Public Works Agreement, Subject to Approval as to Form by the City Attorney, to Bowman Asphalt for the Removal of Concrete Barriers and Asphalt Paving for Transit Parking Lot Improvements Based on Urgent Need. (City Manager to provide report).
Staff recommends approval of the Public Works Agreement, Subject to Approval as to form by the City Attorney, between the City of Arvin and Bowman Asphalt.
5.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 28, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – January 28, 2025
The Public Works Agreement was approved as to form by the City Attorney prior to this council meeting of January 28, 2025.
Motion to approve the Public Works Agreement between the City of Arvin and Bowman Asphalt.
Motion CM Perez Second MPT Reyes Vote 3-0
Agreement No. 2025-03
7. COUNCIL MEMBER COMMENTS
8. CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): seven cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) C. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Enrique Zuniga - AIMs File No. FR102703.
Against: City of Arvin
CLOSED SESSION REPORT BY CITY MANAGER:
8A. Correction made to number of cases. Six cases should have been included for this agenda item. No reportable action for all six cases. 8B. The City Council provided direction to the City Manager. 8C. Tabled to the following Regular City Council Meeting of February 11, 2025.
9. ADJOURNED @ 10:40 PM
Respectfully submitted,
Cecilia Vela, City Clerk
5.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 28, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – February 11, 2025
REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
FEBRUARY 11, 2025
CALL TO ORDER @ 6:07PM
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL: All present; One councilmember seat vacant. Councilmember Horton was not present during case number 6 of Closed Session Agenda Item 6A.
1. APPROVAL OF AGENDA AS TO FORM.
Motion to approve the agenda with removal of Consent Agenda Item 3F.
Motion CM Horton Second MPT Reyes Vote 4-0
2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
3. CONSENT AGENDA ITEMS
A. Approval of Demand Register(s) of January 24, 2025 – February 06, 2025.
B. Approval of Payroll Register(s) of January 31, 2025.
C. Approval of Minutes of the Regular Meeting(s) of September 10, 2024.
D. Approval of A Proclamation Proclaiming February 2025 as Safely Surrendered Baby Awareness Month.
E. Approval of A Proclamation Proclaiming February 2025 as National Pesticide Safety Education Month.
F. Approval of A Resolution of the City Council of the City of Arvin Accepting the Work Completed by Stockbridge General Contracting, Inc., and Filing the Notice of Completion for the City of Arvin Kovacevich Park Project “Field of Dreams and Baseball Teams (SW15-009).
Above Consent Agenda Item 3F was removed from the agenda.
G. Approval of A Resolution of the City Council of the City of Arvin Approving Budget Amendment Number 2425-03 in the amount of $11,468.14 to
5.C.3
Attachment: Minutes of the Regular Arvin City Council Meeting of February 11, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – February 11, 2025
Purchase Assisted Listening System Devices and Charging Trays.
Resolution No. 2025-10
H. Approval of A Resolution of the City Council of the City of Arvin Authorizing the Execution of An Agreement Between the City of Arvin and the San Joaquin Valley Air Pollution Control District (SJVAPCD) for AB617 Road Improvements and Bike Lane Installation Project(s) and Authorizing Related Actions.
Resolution No. 2025-11
Agreement No. 2025-04
I. Approval of Appointment of Francisco J. Herrera to the Arvin Planning Commission. (Mayor Calderon)
J. Approval of Appointment of Abraham Perez to the Arvin Planning Commission. (Councilmember Perez)
Staff recommends approval of the consent agenda.
Consent Agenda Item 3F was removed from the agenda.
Motion to approve Consent Agenda Items 3A, 3B, 3C, 3D, 3E, 3G, 3H, 3I, and 3J.
Motion CM Perez Second CM Horton Vote 4-0
4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption and Second Reading of An Ordinance of the City Council of the City of Arvin Approving Zoning Code Amendment 2025-01 – Ordinance Amending Chapter 17.51 Accessory Dwelling Unit and Acceptance of the California Environmental Quality Act (CEQA) Notice of Exemption.
Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.
Motion to waive second reading to be read by title only and approve the adoption of the Ordinance.
Motion CM Horton Second MPT Reyes Vote 4-0
Ordinance No. 2025-497
B. A Public Hearing to Request for Continuance for Revisions to Conditions of Approval Concerning the Arvin Community Services District Improvement Agreement for (1) Conditional Use Permit 2024-Solar Array and for (2) Conditional Approval of Site Development Permit Number 2024-Arvin CSD Solar Array – Development of 6.84 Acre Rotating Ground Mounted Solar Array and Easements Serving Two Existing Water Wells.
5.C.3
Attachment: Minutes of the Regular Arvin City Council Meeting of February 11, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan Arvin City Council Meeting Minutes – February 11, 2025
Staff recommend the City Council open the public hearing and continue the item to the next regularly scheduled meeting on February 25, 2025.
Motion to continue the public hearing to the next regularly scheduled Council meeting on February 25, 2025.
Motion CM Perez Second CM Horton Vote 4-0
5. COUNCIL MEMBER COMMENTS
6. CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) C. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Enrique Zuniga - AIMs File No. FR102703.
Against: City of Arvin
CLOSED SESSION REPORT BY CITY MANAGER:
6A. Case No. 1: The City Attorney gave an update on the case.
Case No. 2: Direction was given to the City Manager.
Case No. 3: The Wastewater Consultant is requested to attend the next meeting for an update.
Case No. 4: Direction was given to the City Manager.
Case No. 5: Update was provided by the City Attorney.
Case No. 6: Direction was given to the City Manager.
6B. Direction was given to the City Manager to provide information to the City Attorney.
6C. The City Manager was directed by the City Council to provide a counteroffer to the claimant.
7. ADJOURNED @ 9:35PM
Respectfully submitted,
Cecilia Vela, City Clerk
5.C.3
Attachment: Minutes of the Regular Arvin City Council Meeting of February 11, 2025 (Minutes of the Regular Arvin City Council Meetings of Jan
PROCLAMATION
Celebrating Hall Ambulance 50 Years of Service
in the City of Arvin, California
WHEREAS, On March 1, 2025, Hall Ambulance Service, Inc. will celebrate 50 years of service to the city of Arvin; and
WHEREAS, This community holds a special place in the heart of the Hall family and the many paramedics, emergency medical technicians, and dispatchers who have cared for its citizens over the past five decades, as it was the first city outside of Bakersfield that Founder Harvey L. Hall expanded his ambulance service after starting his business in 1971; and
WHEREAS, Because of his outstanding work, Mr. Hall was recognized as an exceptional caregiver with a sterling reputation. With 11 years of experience, he developed a vision for the type of ambulance company he desired to build based on his ideals of care, compassion, and community; and WHEREAS, On February 10, 1971, with a $15,000 bank loan and a lot of enthusiasm, Hall Ambulance Service began answering the call from his personal residence, located at 1307 S. H Street in Bakersfield, serving as headquarters; and
WHEREAS, Having gained valuable experience in his first four years of business, Mr. Hall was ready to take the next step by expanding his service outside of Bakersfield. He looked at the city of Arvin, where various attempts by other services to staff on-call volunteer programs proved unsuccessful. On March 1, 1975, Hall Ambulance initiated service to the agricultural community and, a year later, expanded to neighboring Lamont; and WHEREAS, At a January 1977 Arvin City Council meeting, Mr. Hall announced plans to expand to full-time, 24- hour service from the company’s ambulance station located at 429 Tucker Street; and WHEREAS, Through the years, Hall Ambulance has maintained a close relationship with the city of Arvin and its people through providing exemplary ambulance service and being an active part of the community. This includes participation in community events, doing ambulance demos at local schools to teach children about EMS, participating in the Every 15 Minutes program at Arvin High School, and in the annual Arvin Christmas Parade; and WHEREAS, Mr. Hall lost his life on May 19, 2018, to sporadic Creutzfeldt-Jakob Disease. Since then, his wife, Mrs. Lavonne C. Hall, who serves as Chairman of the Board and CAO, President & CEO Jonathon R. Surface, a dedicated management team, and employees have carried forward Mr. Hall’s ideals, ensuring Hall Ambulance’s high standard of care remains unchanged; and
WHEREAS, In celebration of this milestone anniversary, Hall Ambulance is hosting a community celebration on March 1, 2025, at Garden in the Sun Park, featuring ambulance displays, an appearance by Siren the Rescue Dog, mariachi music, and community resource booths; and
WHEREAS, Today, its ambulance crews continue responding to those in need of medical aid from Hall Ambulance Post 54, located at 144 ½ Arvin Avenue.
NOW, THEREFORE, on behalf of all the citizens of the City of Arvin, We, the City Council of the City of Arvin are honored to celebrate Hall Ambulance 50 Years of Services in the City of Arvin.
IN TESTIMONY WHEREOF, I have set my hand hereunto and caused to be affixed the seal of the City of Arvin, California, on this 25th day of February 2025.
____________________________
Olivia Calderon, Mayor
City of Arvin
5.D.1
Attachment: Proclamation - Hall Ambulance Celebrates 50 Years of Service to Arvin_022525 (Proclamation Celebrating Hall Ambulance 50
CITY OF ARVIN
Staff Report
Meeting Date: February 25, 2025
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN,
CALIFORNIA, ACCEPTING THE WORK COMPLETED BY STOCKBRIDGE GENERAL CONTRACTING, INC. AND FILING THE NOTICE OF COMPLETION FOR THE CITY OF ARVIN KOVACEVICH PARK PROJECT “FIELD OF DREAMS AND BASEBALL TEAMS (SW15-009)”
BACKGROUND:
The City of Arvin solicited construction bids for the Kovacevich Park Project, which was funded by Proposition 68 competitive grant funds. The project included park improvements, new playground equipment, parking amenities, recreational improvements, restroom rehabilitation, and lighting improvements.
The project was advertised for bid on February 2, 2024. Six bids were received, and on April 23, 2024, the Council awarded the project to Stockbridge General Contracting, Inc. for $2,125,233.15.
The project was substantially completed on February 20, 2025.
STAFF RECOMMENDATION:
Staff recommends that the Council approve the attached Resolution:
1. Accepting the work performed by Stockbridge General Contracting, Inc., as complete.
2. Authorizing the City Manager to execute the Notice of Completion and the City Clerk to file the Notice of Completion within 15 days of acceptance.
3. Authorizing the release of the 5% retention to Stockbridge General Contracting, Inc., within 35 days after filing the Notice of Completion if no pending claims or liens are timely filed.
FINANCIAL IMPACT:
The allocation of funds for the Kovacevich Park Improvements, $2,125,233.15, was approved during the Council meeting on April 23, 2024. Three change orders were executed and approved during the construction phase. The three change orders were necessary for this project, with a final budget of $2,140,074.90. A 5% contractor retention of $107,993.75 remains.
ATTACHMENTS:
Resolution
Notice of Completion
5.E.1
Attachment: Staff Report Work Completed by Stockbridge and NOC for K. Park Field of Dreams_022525 (Reso Accepting Work Completed and
Reso Accepting Work by Stockbridge and Filing Notice of Completion for Kovacecivh Park Field of Dreams Project.
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
ACCEPTING THE WORK COMPLETED BY STOCKBRIDGE
GENERAL CONTRACTING, INC., AND FILING THE NOTICE OF
COMPLETION FOR THE CITY OF ARVIN KOVACEVICH PARK
PROJECT “FIELD OF DREAMS AND BASEBALL TEAMS (SW15-009)” WHEREAS, the City of Arvin desired to construct park improvements to Kovacevich park; and
WHEREAS, the project was awarded to Stockbridge General Contracting, Inc., on April 23, 2024, in the amount of $2,125,233.15; and
WHEREAS, three change orders were executed during this project; and
WHEREAS, the construction of the project was completed by Stockbridge General Contracting, Inc., on February 20, 2025; and
WHEREAS, City Staff and engineering consultants QK verified the completion of the project and the completion of paperwork is pending, and WHEREAS, the Contractor has provided a warranty to cover the costs to repair or replace improvements that are defective or found to have been improperly installed for a period of one year and
WHEREAS, said warranty shall take effect upon approval by the City Council of this resolution on the date of the applicable council meeting and WHEREAS, the City desires to accept the Kovacevich Park Improvement Project as complete.
NOW, THEREFORE, the City Council of the City of Arvin, hereby does resolve as follows:
1. The City Council accepts the work performed by Stockbridge General Contracting; Inc. for the Kovacevich Park Improvement Project as complete.
2. The City Council approves the change orders for a negative $14,841.75 for a total final project amount of $2,140,074.90
3. The City Council authorizes the City Manager to execute the Notice of Completion and the City Clerk to file the Notice of Completion within 15 days of acceptance.
4. The City Manager is authorized to release the 5% retention to Stockbridge General Contracting, Inc. within 35 days after filing the Notice of Completion if no pending claims or liens are filed in a timely manner.
5.E.2
Attachment: Reso Work Completed by Stockbridge and NOC for K. Park Field of Dreams_022525 (Reso Accepting Work Completed and Filing
Reso Accepting Work by Stockbridge and Filing Notice of Completion for Kovacecivh Park Field of Dreams Project.
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 25th day February 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
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
5.E.2
Attachment: Reso Work Completed by Stockbridge and NOC for K. Park Field of Dreams_022525 (Reso Accepting Work Completed and Filing Recording Requested By:
For the benefit of the
CITY OF ARVIN
When Recorded Mail to:
City of Arvin
City Clerk
200 Campus Drive
Arvin, CA 93203
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Arvin
3. The FULL ADDRESS of the OWNER is 200 Campus Drive, Arvin, CA 93203
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:
Names
N/A
Addresses
N/A
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names
N/A
Addresses
N/A
7. A work of improvement on the property hereinafter described was COMPLETED February 20, 2025
8. The work of improvement completed is described as follows:
KOVACEVICH PARK- “FIELD OF DREAMS AND BASEBALL
TEAMS”
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
STOCKBRIDGE GENERAL
CONTRACTING, INC.
10. The street address of said property is: North A Street and 5th Avenue
11. The property on which said work of improvement was completed is in the City of Arvin County of Kern, State of California, and is described as follows:
KOVACEVICH PARK- PARK AND PLAYGROUND EQUIPMENT IMPROVEMENTS February ___, 2025
Date Jeff Jones, City Manager
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
February ___, 2025
Date and Place Jeff Jones, City Manager
SUBSCRIBED AND SWORN TO before me on
Cecilia Vela, City Clerk Revised 9/22/2003
5.E.3
Attachment: Notice of Completion K. Park Field of Dreams_022525 (Reso Accepting Work Completed and Filing Notice of Completion by Staff Report Arvin Chamber of Commerce Wildflower Festival 2025
CITY OF ARVIN
Staff Report
Meeting Date: February 25, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Approval of Special Event Application for the Arvin Chamber of Commerce Wildflower Festival to be Held at Smothermon Park on April 21, 2025 through April 28, 2025 (Event Dates April 25 - 27) with the Requirement to Abide by Stipulations as Set Forth by the City of Arvin and the Arvin Police Department Including Private Security Guards, Insurance, Applicable Fees, ABC Daily License Requirements, and Police Department Personnel Costs of $2,724.90; and Subject to Execution of A Memorandum of Understanding between the City of Arvin and the Arvin Chamber of Commerce.
BACKGROUND:
The Arvin Chamber of Commerce has submitted a Special Event Permit Application to hold the Arvin Wildflower Festival in Smothermon Park from April 21 through April 28, 2025 (Event dates April 25 – 27, 2025). The event will include music, carnival rides, booths, and local vendors. Alcohol will also be sold at this event.
Based on the anticipated attendance and nature of the event, the Police Department will require the event coordinators to provide 10 private security guards during the event. Additionally, 2 private security guards will be required during the setup period for this event. In addition to private security, the police department will also have 2 dedicated police officers on an overtime basis. The estimated overtime cost of $2,724.90 is due payable by the Arvin Chamber of Commerce to the City of Arvin prior to commencement of the event.
Should the officers’ time not be expended due to cancellation of the event, the full cost of the officers’ time will be reimbursed to the Arvin Chamber of Commerce. Any underestimated cost for the officers’ time will be due by the Arvin Chamber of Commerce to the City and any overestimated costs will be refunded by the City to the Arvin Chamber of Commerce, either which will be due within 30 days after the event.
In addition to the cost for police officers’ time, the deposit and fees for use of the Smothermon Park Pavilion and for electrical and water hook-up will apply and are due at least 28 calendar days prior to the event as stated in the Application and License Agreement for Use of City Building/Facility – Non-Profit Application. The Arvin Chamber of Commerce has provided a Certificate of Liability Insurance naming the City of Arvin, its officers, officials, employees, agents and volunteers as additional insured and includes commercial general liability and liquor legal liability coverage in the amount of $1,000,000 each occurrence and $2,000,000 in general aggregate.
5.F.1
Attachment: Staff Report - 2025 Arvin Chamber of Commerce Wildflower Festival_022525 (Arvin Wildflower Festival 2025) Staff Report Arvin Chamber of Commerce Wildflower Festival 2025
Special stipulations will be placed on the Alcoholic Beverage Control (ABC) Daily License, regulating the sale of alcohol during this event. The stipulations will include the hours alcohol can be sold, security requirements, and sales location requirements.
FINANCIAL IMPACT:
The estimated overtime cost for police services is $2,724.90, due payable by the Arvin Chamber of Commerce to the City of Arvin 28 calendar days prior to commencement of the event.
RECOMMENDATION:
Approval of Special Event Application for the Arvin Chamber of Commerce Wildflower Festival to be Held at Smothermon Park on April 21, 2025 through April 28, 2025 (Event Dates April 25 - 27) with the Requirement to Abide by Stipulations as Set Forth by the City of Arvin and the Arvin Police Department Including Private Security Guards, Insurance, Applicable Fees, ABC Daily License Requirements and Police Department Personnel Costs of $2,724.90; and Subject to Execution of A Memorandum of Understanding between the City of Arvin and the Arvin Chamber of Commerce.
ATTACHMENTS:
Special Event Application
Certificate of Liability Insurance
5.F.1
Attachment: Staff Report - 2025 Arvin Chamber of Commerce Wildflower Festival_022525 (Arvin Wildflower Festival 2025)
AGREEMENT NO. _________
MEMORANDUM OF UNDERSTANDING AGREEMENT
This Memorandum of Understanding Agreement (this “Agreement”) is dated _____________________________, 2025 and is entered into by and between The Arvin Chamber of Commerce (“ARVIN C.O.C.”), on the one hand, and the City of Arvin (“CITY”), a California municipal corporation, on the other hand. ARVIN C.O.C. and CITY are collectively referred to as the “Parties” and individually as a “Party.”
RECITALS
WHEREAS, ARVIN C.O.C. is a local chamber of commerce located in the City of Arvin, California and the “Arvin Chamber of Commerce Wildflower Festival 2025” has become an important community and cultural event bringing citizens and families together while enhancing local businesses before, during and after the event;
WHEREAS, the CITY is a California Municipal corporation that was formed in December 21, 1960. The CITY provides numerous services to the residents, including parks and recreation, and various community activities.
WHEREAS, ARVIN C.O.C. approached CITY and requested to provide the following special event for the community: Arvin Chamber of Commerce Wildflower Festival 2025 (“Special Event”). The original proposal included the following:
a. All set-up, dismantling, and clean-up to be completed by ARVIN C.O.C.; b. All preparation and coordination of event activities to be completed by ARVIN C.O.C.;
c. The event is due to take place at the City of Arvin’s Smothermon Park with street coordinates of Meyer St, Bush St, Walnut Dr., and Fallbrook Ave.; d. A completed Special Event Permit Application and Application and License Agreement for Use of City Building/Facility submitted to the City Clerk; and WHEREAS, the CITY authorizes the Arvin C.O.C. to use of Smothermon Park for the Special Event. Actual costs for use of the park including deposit, fees, water & electrical hookup, and City Public Works and Police time and resources necessary to undertake the Special Event are due payable by Arvin C.O.C. to the CITY no later than 28 (twenty-eight) calendar days prior to the event. City Council approved the original proposal as well as the CITY’s participation at its __________________________, 2025 Regular Council Meeting; and WHEREAS, the Special Event, approved by CITY, is to take place from April 25, 2025 to April 27, 2025 with set-up commencing on April 21, 2025 and dismantling completed by April 28, 2025; and
5.F.2
Attachment: MOU Arvin Chamber of Commerce Wildflower Festival 2025_022525 (Arvin Wildflower Festival 2025)
WHEREAS, the Parties have agreed ARVIN C.O.C. will be the lead entity and CITY, notwithstanding authorization for use of venue, will have no responsibility to pay for, in whole or in part, with public funds, including the payment of money or the equivalent of money, directly to, or on behalf of ARVIN C.O.C. and related in any way to the Special Event; and WHEREAS, ARVIN C.O.C. and CITY herein desire to enter into a Memorandum of Understanding setting forth the responsibilities of each Party related to the Special Event.
AGREEMENT
In consideration of the covenants, conditions and releases contained herein, the Parties agree as follows:
1. Incorporation of Recitals. The above recitals are hereby incorporated by this reference.
2. Parties’ Obligations.
a. ARVIN C.O.C. will donate the time and resources and control all actions necessary for the Special Event, including, but not limited to the following:
i. Conduct all set-up, dismantling, and clean-up; and
ii. Conduct all preparation and coordination of event activities; and iii. Provide all equipment and materials; and
iv. Provide any and all other items required for completion of event; and v. Provide all staff and/or volunteers required for the Special Event to be conducted.
b. CITY will make all reasonable accommodations it believes, in its sole discretion, to allow the Special Event to be completed. Actual costs for use of the Smothermon Park including deposit, fees, water & electrical hookup, and for City Public Works and Police time and resources necessary to undertake the Special Event are due payable by ARVIN C.O.C. no later than 28 (twenty-eight) calendar days prior to the event.
3. CITY’s Representations and Warranties. CITY represents and warrants as follows:
a. CITY has all requisite right, power and authority to execute and deliver this Agreement. This Agreement has been duly and validly executed and delivered by CITY and this Agreement constitutes a legal, valid and binding obligation of CITY. b. CITY has had a full and unhindered opportunity to consult with attorneys and other consultants of its own choosing in deciding to enter into this Agreement.
4. ARVIN C.O.C.’s Representations and Warranties. ARVIN C.O.C. represents and warrants as follows:
a. ARVIN C.O.C. has all requisite right, power and authority to execute and deliver this Agreement. This Agreement has been duly and validly executed and delivered by ARVIN C.O.C. and this Agreement constitutes a legal, valid and binding
5.F.2
Attachment: MOU Arvin Chamber of Commerce Wildflower Festival 2025_022525 (Arvin Wildflower Festival 2025)
obligation of ARVIN C.O.C..
b. ARVIN C.O.C. has had a full and unhindered opportunity to consult with attorneys and other consultants of her own choosing in deciding to enter into this Agreement. c. The execution, delivery and performance of this Agreement will not conflict with or violate any law or governmental order applicable to ARVIN C.O.C..
5. Release by ARVIN C.O.C.. ARVIN C.O.C., for itself and on behalf of its agents, representatives, beneficiaries, successors and assigns, partners, co-owners, affiliates, subsidiaries, employees, officers, directors, predecessors in interest, and successors in interest, hereby releases and forever discharges CITY, its agents, representatives, beneficiaries, successors and assigns, partners, co-owners, affiliates, subsidiaries, employees, officers, directors, predecessors in interest, and successors in interest and assigns from any and all amounts due, sums of money, claims, demands, debts, liabilities, obligations, actions, damages and losses of whatsoever kind, whether known or unknown, related to or arising out of, directly or indirectly, the Special Event.
6. Legal Representation. The Parties represent and acknowledge that each of them has had the opportunity to be represented by legal counsel with respect to this Agreement and that each party has had the opportunity to be fully advised with respect to all rights which are affected by this Agreement.
7. No Inducement. The Parties agree that if the facts with respect to which this Agreement is executed are found hereafter to be different from the facts now believed by any party, the Parties expressly accept and assume the risk of such possible differences in facts and agree that this Agreement shall remain effective, notwithstanding such differences. The Parties declare and represent that no promise, inducement, or other agreement not expressly contained herein has been made to induce this Agreement.
8. Integration; Entire Agreement; Modification. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, understandings, negotiations and discussions, whether oral or written, of all parties, and there are no warranties, representations or agreements between the Parties in connection with the subject matter hereof except as set forth or referred to herein. No supplement, modification, waiver, amendment or termination of this Agreement or any provision thereof shall be binding unless executed in writing by the Parties. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall such waiver constitute a continuing waiver unless expressly stated to be the case.
9. Binding on Heirs and Assigns. This Agreement shall be binding upon and shall inure to the benefit of each of the Parties hereto and to their respective heirs, legatees, beneficiaries, executors, administrators, personal representatives, successors and assigns.
10. Warranty of Signatories. Each signatory hereto represents and warrants that they each have the authority to execute this Agreement and to thereby bind the Parties hereto. Each signatory
5.F.2
Attachment: MOU Arvin Chamber of Commerce Wildflower Festival 2025_022525 (Arvin Wildflower Festival 2025)
hereto represents and warrants that no other person or entity has claimed or now claims any interest in the subject matter of this Agreement, and that they have the sole right and exclusive authority to execute this Agreement and to receive the aforesaid consideration, and that they have not sold, assigned, or otherwise set over to any other person or entity, any claim, lien, demand, cause of action, obligation, damage or liability covered hereby.
11. Notices. All notices, requests, demands, and other communications under this Agreement must be in writing and will be considered to have been duly given on the date of service i) if served personally on the party to whom notice is to be given, or ii) if served by email and also by United States Mail, first class, postage prepaid, and properly addressed and deposited on the same date as the email transmission, as follows:
CITY: City of Arvin
Attn: City Manager
200 Campus Drive
Arvin, CA 93203
Email: [email protected]
ARVIN C.O.C.: Arvin Chamber of Commerce
PO Box 645
Arvin, CA 93203
Email: [email protected]
A party may change or supplement its designated agent, address, or email address given above, or designate additional agents, addresses or email addresses for notice purposes, by giving notice to the other party in the manner set forth in this Section 5, provided that any such address change shall not be effective until five (5) days after the notice is delivered or received by the other party.
12. ARVIN C.O.C.’s Insurance. ARVIN C.O.C., at its sole cost and expense, commencing on April 21, 2025 and through April 28, 2025 takes any action related to the Special Event, shall procure, pay for and keep in full force and effect the following types of insurance, in at least the amounts and in the forms specified below:
a. Comprehensive general liability insurance with coverage limits of not less than One Million Dollars ($1,000,000.00) for combined single limit for bodily injury, personal injury, death and property damage liability per occurrence or the limit carried by Tenant, whichever is greater, insuring against any and all liability of the insureds with respect to the Special Event or arising out of the Special Event. All such liability insurance shall specifically insure the performance by ARVIN C.O.C. of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property set forth in Section 14. Further, all such liability insurance shall include, but not be limited to, personal injury, blanket contractual, cross-liability and severability of interest clauses, broad form property damage, independent contractors, owned, non-owned and hired vehicles.
5.F.2
Attachment: MOU Arvin Chamber of Commerce Wildflower Festival 2025_022525 (Arvin Wildflower Festival 2025)
b. Worker’s compensation coverage in an amount adequate to comply with law, and employer’s liability coverage with a limit of not less than One Million Dollars ($1,000,000.00).
c. Automobile liability coverage. ARVIN C.O.C. shall provide Automobile Liability Insurance covering any and all vehicles participating in the Special Event for all owned, non-owned, or hired vehicles with a combined single limit of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence that the policy includes the proper endorsement for the CITY.
d. Policy Form. All policies of insurance required of ARVIN C.O.C. herein shall be issued by insurance companies with a general policy holder’s rating of not less than “A” and a financial rating of not less than Class “X”, as rated in the most current available “Best’s Key Rating Guide”, and which are qualified to do business in the State of California. All such policies, except for the Workers’ Compensation coverage, shall name and shall be for the mutual and joint benefit and protection of CITY, ARVIN C.O.C. and CITY’s agents or beneficiary(ies) as additional insureds. The policies described in Section 12(a) shall also name CITY and CITY beneficiary(ies) as loss payees. Executed copies of the policies of insurance or certificates thereof shall be delivered to CITY prior to ARVIN C.O.C., its agents or employees taking any action related to the Special Event for any purpose.
Thereafter, executed copies of renewal policies or certificates thereof shall be delivered to CITY within thirty (30) days prior to the expiration of the term of each policy. All policies of insurance delivered to CITY must contain a provision that the company writing the policy will give to CITY thirty (30) days’ prior written notice of any cancellation or lapse or the effective date of any reduction in the amounts of insurance. All policies required of ARVIN C.O.C. herein shall be endorsed to read that such policies are primary policies and any insurance carried by CITY shall be noncontributing with such policies. No policy required to be maintained by ARVIN C.O.C. shall have a deductible greater than Five Thousand Dollars ($5,000.00) unless approved in writing by CITY.
13. Blanket Policies. Notwithstanding anything to the contrary contained in Section 12, ARVIN C.O.C.’s obligation to carry insurance may be satisfied by coverage under a so-called blanket policy or policies of insurance; provided, however, that the coverage afforded to the CITY will not be reduced or diminished and the requirements set forth in this Agreement are otherwise satisfied by such blanket policy or policies.
14. INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, ARVIN C.O.C. COVENANTS WITH CITY THAT CITY, ITS OFFICERS, DIRECTORS,
AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGE OR
LIABILITY OF ANY KIND OR FOR ANY INJURY TO OR DEATH OF PERSONS
RELATED TO OR ARISING FROM THE SPECIAL EVENT OCCURRING FROM AND
5.F.2
Attachment: MOU Arvin Chamber of Commerce Wildflower Festival 2025_022525 (Arvin Wildflower Festival 2025)
AFTER ARVIN C.O.C. TAKES ANY ACTION RELATED TO THE SPECIAL EVENT, FROM ANY CAUSE WHATSOEVER RELATED TO THE SPECIAL EVENT. ARVIN C.O.C. SHALL PAY FOR, DEFEND (WITH AN ATTORNEY REASONABLY
APPROVED BY CITY), INDEMNIFY, AND SAVE CITY HARMLESS AGAINST AND
FROM ANY REAL OR ALLEGED DAMAGE OR INJURY AND FROM ALL CLAIMS, JUDGMENTS, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS ARISING OUT OF OR CONNECTED WITH THE SPECIAL EVENT; PROVIDED, HOWEVER (AND THOUGH ARVIN C.O.C. SHALL IN ALL CASES
ACCEPT ANY TENDER OF DEFENSE OF ANY ACTION OR PROCEEDING IN
WHICH CITY IS NAMED OR MADE A PARTY AND SHALL, NOTWITHSTANDING
ANY ALLEGATIONS OF NEGLIGENCE OR MISCONDUCT ON THE PART OF CITY, DEFEND CITY AS PROVIDED HEREIN), ARVIN C.O.C., ITS OFFICERS,
DIRECTORS, AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR SUCH
DAMAGE OR LIABILITY OF ANY KIND OR FOR ANY INJURY TO OR DEATH OF
PERSONS OR DAMAGE TO PROPERTY OF CITY OR ANY OTHER PERSON
OCCURRING FROM AND AFTER THE EFFECTIVE DATE FROM ANY CAUSE
WHATSOEVER RELATED TO THE SPECIAL EVENT TO THE EXTENT AND IN THE
PROPORTION THAT THE SAME IS ULTIMATELY DETERMINED TO BE
ATTRIBUTABLE TO THE WILLFUL NEGLIGENCE OF CITY, AND CITY SHALL PAY FOR, DEFEND, INDEMNIFY, AND SAVE ARVIN C.O.C. HARMLESS AGAINST
AND FROM ANY AND ALL CLAIMS, JUDGMENTS, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, RESULTING FROM ANY SUCH DAMAGE OR INJURY. THE OBLIGATIONS TO INDEMNIFY SET FORTH IN THIS SECTION SHALL INCLUDE ALL ATTORNEYS’ FEES, LITIGATION COSTS,
INVESTIGATION COSTS AND COURT COSTS AND ALL OTHER COSTS, EXPENSES
AND LIABILITIES INCURRED BY THE INDEMNIFIED PARTY FROM THE FIRST NOTICE THAT ANY CLAIM OR DEMAND IS TO BE MADE OR MAY BE MADE. ALL
INDEMNITY OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARVIN C.O.C.’s initials: ___
CITY initials: ___
15. Attorneys’ Fees. In the event of any action to interpret or enforce this Agreement or any provision hereof, the prevailing party shall be awarded reasonable attorney’s fees and costs.
16. Further Assurances. The Parties agree to execute, deliver, file, serve and/or record any additional documents and perform any additional acts as may be reasonably necessary to complete the terms of this Agreement.
17. Neutral Construction. No provision as contained herein is to be interpreted for or against any party hereto because that party or that party’s legal representative drafted such provision. The validity, construction and all rights and obligations relating to this Agreement shall be governed
5.F.2
Attachment: MOU Arvin Chamber of Commerce Wildflower Festival 2025_022525 (Arvin Wildflower Festival 2025)
by and under the laws of the State of California in effect as of the execution of this Agreement.
This Agreement is made, entered into, and to be performed in Kern County, California.
18. Legality of Individual Provisions. In the event that one or more of the provisions of this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected thereby.
19. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which for all purposes is to be deemed an original, and all of which constitute, collectively, one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth opposite their respective signatures below.
Date: CITY OF ARVIN
By:
Print Name:
Print Title:
Date: ARVIN CHAMBER OF COMMERCE
(ARVIN C.O.C.)
By:
Print name:
Print Title:
5.F.2
Attachment: MOU Arvin Chamber of Commerce Wildflower Festival 2025_022525 (Arvin Wildflower Festival 2025)
5.F.3
Attachment: Special Event Permit Application - Wildflower Festival 2025_022525_Redacted (Arvin Wildflower Festival 2025)
5.F.3
Attachment: Special Event Permit Application - Wildflower Festival 2025_022525_Redacted (Arvin Wildflower Festival 2025)
5.F.3
Attachment: Special Event Permit Application - Wildflower Festival 2025_022525_Redacted (Arvin Wildflower Festival 2025)
5.F.3
Attachment: Special Event Permit Application - Wildflower Festival 2025_022525_Redacted (Arvin Wildflower Festival 2025)
5.F.3
Attachment: Special Event Permit Application - Wildflower Festival 2025_022525_Redacted (Arvin Wildflower Festival 2025)
5.F.3
Attachment: Special Event Permit Application - Wildflower Festival 2025_022525_Redacted (Arvin Wildflower Festival 2025)
5.F.3
Attachment: Special Event Permit Application - Wildflower Festival 2025_022525_Redacted (Arvin Wildflower Festival 2025)
5.F.3
Attachment: Special Event Permit Application - Wildflower Festival 2025_022525_Redacted (Arvin Wildflower Festival 2025)
5.F.4
Attachment: Arvin Wildflower Festival Insurance 2025_Redacted (Arvin Wildflower Festival 2025)
Staff Report Unmet Transit Needs Hearing 2025
CITY OF ARVIN
Staff Report
Meeting Date: February 25, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: A PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARVIN DECLARING THERE
ARE NO UNMET TRANSIT NEEDS THAT CAN BE REASONABLY MET
WITHIN THE CITY OF ARVIN
ISSUE
To consider public comments and establish a finding for unmet needs which are reasonable to meet in the public transportation system.
MOTION
Move to approve the resolution establishing the unmet and reasonable to meet transit needs finding.
RECOMMENDATION
Staff recommends that the City Council consider all public comments and City Council testimony during the public hearing and approve the resolution establishing the unmet and reasonable to meet transit needs finding.
BACKGROUND
The Transportation Development Act of 1971 (TDA), as amended, provides for the disbursement of funds from the Local Transportation Fund for various eligible transportation uses. The funds are distributed by the Kern Council of Governments (KCOG), in its capacity as the Regional Transportation Planning Agency. An eligible claimant wishing to receive TDA funding through KCOG must conduct an annual review of the transit needs of the individuals and groups in the community. A public hearing must be conducted to receive written and oral comments regarding any “unmet transit needs” and whether these are “reasonable to meet”.
An unmet need exist if an individual of any age or physical condition is unable to transport himself or herself due to deficiencies in the existing transportation system. Excluded are: 1) those request for minor operational improvements, and 2) those improvements funded and scheduled for implementation, in the following fiscal year.
An unmet need is “reasonable to meet” if it is (1) safe to operate and has adequate roadways for transit vehicles, (2) not a duplication of an existing transportation service, (3) a response to an existing need, not a future need, and (4) has the ridership to meet the legally required farebox requirements (Pub. Util. Code §§ 99268.2, 99268.5 and 21 CCR §§ 6633.2, 6633.5 with fares close to fares of similar service).
6.A.1
Attachment: 1. Staff Report No Unmet Transit Needs 2025_CC mtg of 022525 (Public Hearing - Unmet Transit Needs 2025) Page
2 of 2
Staff Report Unmet Transit Needs Hearing 2025
FISCAL IMPACTS
There are no budget impacts at this time.
ATTACHMENTS
Resolution
6.A.1
Attachment: 1. Staff Report No Unmet Transit Needs 2025_CC mtg of 022525 (Public Hearing - Unmet Transit Needs 2025) Reso Declaring there are no unmet transit needs 2025.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
DECLARING THERE ARE NO UNMET TRANSIT NEEDS THAT CAN
BE REASONABLY MET WITHIN THE CITY OF ARVIN
WHEREAS, Section 99238.5 of the Public Utilities Code requires the establishment and implementation of a citizen participation process to solicit input of transit dependent and transit disadvantaged persons, including the elderly, disabled, and persons of limited means; and WHEREAS, the City Council of the City of Arvin by way of this public hearing is complying with California Public Utilities Code 99238.5 in addressing any unmet transit need that can be reasonably met; and
WHEREAS, a public notice was given at least 30 days prior to this public hearing stating the date, place, time and specific purpose of the hearing and said public notice was published in the Bakersfield Californian newspaper; and
WHEREAS, for persons unable to attend the public hearing, the public notice provided for written and electronic comments to be received by the City Clerk; and WHEREAS, said public hearing was held at on February 25, 2025, at which time the Arvin City Council, after receiving all public testimony and any and all other public testimony (written and/or electronic) determined there were no unmet transit needs that be reasonably met.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Arvin finds that there are no unmet transit needs that are reasonable to meet. //////
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6.A.2
Attachment: 2. Reso No Unmet Transit Needs 2025_CC mtg of 022525 (Public Hearing - Unmet Transit Needs 2025) Reso Declaring there are no unmet transit needs 2025.
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 25th day of February 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
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
6.A.2
Attachment: 2. Reso No Unmet Transit Needs 2025_CC mtg of 022525 (Public Hearing - Unmet Transit Needs 2025)
PUBLIC HEARING NOTICE
TRANSIT UNMET NEEDS HEARING
The Arvin City Council will hold a public hearing on Tuesday, February 25, 2025, at 6:00p.m., to receive comments related to unmet and reasonable transit needs in the City of Arvin and the surrounding county areas serviced by the Arvin Transit System.
Kern Council of Governments is required to define “unmet needs” and “reasonable to meet”, and has defined them as follows:
Unmet Need:
An unmet need exists if an individual of any age or physical condition is unable to transport himself or herself due to deficiencies in the existing transportation system. Excluded are: 1) those requests for minor operation improvements, and 2) those improvements funded and scheduled for implementation, in the following fiscal year.
Reasonable to Meet:
A. Operational feasibility- The requested improvement must be safe to operate and there must be adequate roadways for transit vehicles.
B. Duplication of Service- The proposed service shall not duplicate other transit services.
C. Timing- The proposed service shall be in response to an existing, rather than a future need.
D. Service must meet the legally required farebox ratio. (Public Utilities Code Sections 99268.2, 99268.5 and 21 CCR Sections 6633.2, 6633.5 with fares close to fares of similar service.)
Citizens unable to attend the meeting may submit written and/or electronic comments up until 12:00 pm on the date of the meeting to the City Clerk, City of Arvin, 200 Campus Drive, Arvin, CA 93203, [email protected].
Cecilia Vela, City Clerk
Posted: January 16, 2025
City Council of the City of Arvin Public Hearing Information Date: February 25, 2025
Time: 6:00 PM
Place: City of Arvin Council Chambers
200 Campus Drive, Arvin, CA 93203
6.A.3
Attachment: 3. Public Hearing Notice - No Unmet Transit Needs 2025_CC mtg of 022525 (Public Hearing - Unmet Transit Needs 2025)
NOTICIA DE AUDIENCIA PUBLICA
ASUNTO A TRATAR
NECESIDADES DE TRANSPORTE URBANO INCUMPLIDAS
El consejo de la Ciudad de Arvin conducira una audiencia publica el 25 de febrero de 2025 a las 6:00 de la tarde. El proposito es para recibir comentarios del publico en general relacionados con las necesidades razonables de transporte urbano e incumplidas en la Ciudad de Arvin y otras poblaciones del condado de Kern, en las cuales el sistema de transporte urbano de la Ciudad de Arvin presta el servicio.
El Consejo de Gobernacion del Condado de Kern define “necesidades incumplidas” y “razonable de satisfacer” de la signiente manera:
Necesidad Incumplida:
Una necesidad incumplida existe, si una persona de cualquier edad o condicion fisica no es capaz transportarse por si mismo o por si misma debido a las deficiencias en el actual sistema de transporte urbano.
Excluyendo: 1) Peticiones menores para mejoras operacionales, y 2) Mejoras ya financiadas y programadas para su implementacion en el siguiente año fiscal.
Razonable de Satisfacer:
A. Viabilidad Operacional: Las Mejoras solicitadas deberan ser seguaras de operar y deben existir caminos adecuados para el transito vehicular.
B. Duplicacion de Servicio: El servicio que se proponga no debe duplicar otros servicios de transporte urbano.
C. Intervalos de Tiempo: El servicio propuesto debe ser en respuesta a una necesidad existente en lugar de a una necesidad futura.
D. El servicio debe cumplir con la racion legalmente establecida por ley, esto quiere decir que por cada Dolar que se invierta en el Sistema de Transporte Urbano un porcentage de cada dolar debe ser recuperado en las tarifas que se cobren, como se estipula en la Secciones 99268.2, 99268.5 del Comision de Utilidades Publicas pos sus siglas en Ingles (PUC) y en las Secciones 6633.2, 6633.5 del Codigo Administrativo de California pos sus siglas en Ingles (CAC) con cobros cercanos a tarifas para un servicio similar.
Personas incapaces de asistir pueden someter comentarios escritos y/o electrónicos hasta las 12:00p.m. en la fecha de la reunión. Atencion: City Clerk, City of Arvin, 200 Campus Drive, Arvin, CA 93203, [email protected].
Cecilia Vela, City Clerk
Publicado: 16 de enero de 2025
Consejo de la Ciudad de Arvin - Audiencia Publica
Fecha: 25 de febrero de 2025
Hora: 6:00 PM
Lugar: Cámara del Consejo de la Ciudad de Arvin
200 Campus Drive, Arvin, CA 93203
6.A.3
Attachment: 3. Public Hearing Notice - No Unmet Transit Needs 2025_CC mtg of 022525 (Public Hearing - Unmet Transit Needs 2025)
Staff Report re ACSD Approval
CITY OF ARVIN
Staff Report
Meeting Date: February 25, 2025
TO: Arvin City Council
FROM: Isaiah Medina, Consultant Planner
Bonique Emerson, AICP, Consultant Planner
Jake Raper, Consultant Planner
Jeff Jones, City Manager/Finance Director
SUBJECT: A Public Hearing to Consider Approval of Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-Arvin CSD Solar Array Subject to Conditions of Approval.
Staff Recommendation:
Staff recommends the City Council:
1. Reopen the public hearing;
2. Receive any testimony given;
3. Close the public hearing;
4. Make a determination regarding the Conditions of Approval; and
5. Adopt a Resolution of the City Council approving the Project subject to Conditions of Approval.
Executive Summary:
Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-Arvin CSD Solar Array were conditionally approved by Planning Commission on December 17, 2024. The Applicant (Arvin Community Services District) filed an appeal on December 26, 2024, relating to the Conditions of Approval that were approved by the Planning Commission, specifically the Conditions relating to the Fiscal Impact Payment and street frontage improvements along Celestial Way, Meyer Street, Rayo de la Luna Drive, and the Unnamed Road. An appeal hearing was scheduled by the City Council for January 28, 2025. At said appeal hearing, Staff presented their reasoning for why the Conditions of Approval were justified and the Applicant provided their reasoning for why the Conditions should be removed.
Upon the conclusion of the hearing, Council directed Staff to remove all discretionary conditions of approval (including the Fiscal Impact Payment and street improvements), with the exception of the street improvements along Celestial Way. Council directed Staff to work with the Applicant and come to an agreement regarding the street improvements along Celestial Way.
Staff revised the draft Conditions of Approval and presented them to the Applicant for review. The Applicant presented their requested alternative conditions in a meeting with Staff. Most of these requested changes were incorporated into the draft Conditions of Approval, with the exception the proposed improvement requirements along Celestial Way and the proposed on-site frontage landscaping. Staff and the Applicant were unable to come to an agreement regarding these
6.B.1
Attachment: Staff Report ACSD Solar Array_022525 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
Staff Report re ACSD Approval
requested changes. Staff is requesting the City Council to make a determination as to which conditions will be incorporated and adopted with approval of the project.
Background:
SitelogIQ, on behalf of the Arvin Community Services District, has filed Conditional Use Permit Application 2024-Solar Array and Site Development Permit Application 2024-Arvin CSD Solar Array pertaining to the development of a 6.84-acre solar array field located at the southwest corner of Meyer Street and Celestial Way, south of El Camino Real Elementary School.
Conditional Use Permit 2024-Solar Array proposes to permit the proposed use of a ground mounted solar array on land zoned R-1 Single Family Dwelling.
Site Development Permit 2024-Arvin CSD Solar Array proposes to develop a portion of APN 189- 353-07 (Project site) with a 6.84-acre rotating ground mounted solar array and underground utility easements for the extension of electrical service from the solar array to the existing water well sites on APNs 189-353-09 and -08 which are owned and operated by the ACSD.
Appeal of Arvin Planning Commission Action
On December 17th, 2024, the Planning Commission conducted a public hearing for the Arvin Community Services District Solar Array project. At the Public Hearing, Staff presented the report and recommended conditions of approval, which included the requirements to pay a Fiscal Impact Fee based on the City’s established Residential Development Impact Fees and to enter into an Improvement Agreement for immediate and future street and infrastructure improvements. After Staff gave their report, a representative of the Applicant’s Project Management team, SitelogIQ, as well as the District’s Board President raised objections to the above-mentioned conditions of approval.
After a complete hearing, the Arvin Planning Commission conditionally approved Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-Arvin CSD Solar ArrayDevelopment of a 6.84-Acre Rotating Ground Mounted Solar Array and Easements Serving Two Existing Water Wells with the understanding that the Arvin Community Services District would submit an appeal of the Planning Commission’s action to be heard by the City Council.
On December 26, 2024, the Applicant’s authorized representative, Wall, Wall, & Peake, filed two (2) appeals for two separate applications. The first appeal pertained to the Planning Commission action on December 17, 2024, for conditional approval of Conditional Use Permit 2024-Solar Array. The second appeal was the Planning Commission action on December 17, 2024, for conditional approval of Site Development Permit 2024-Arvin CSD Solar Array. Communication with the Applicant’s representative indicated that ALL conditions related to both project applications were being appealed. On January 14, 2025, the City Council set a public hearing date of January 28, 2025, to hear the Applicant’s appeal.
At the scheduled hearing on January 28, 2025, the City Council received Staff’s Report analyzing the modified conditions of approval, which included a modification of the Fiscal Impact Payment condition. The City Council also heard the Applicant’s appeal. Upon the conclusion of the public hearing, the City Council directed Staff to remove all discretionary conditions, including the Fiscal Impact Payment, street frontage improvements along Meyer Street, the Unnamed Road, and Rayo de la Luna Drive, landscaping, and a block wall for screening. The City Council also directed Staff and the Applicant to work together to come to an agreement regarding street improvements along
6.B.1
Attachment: Staff Report ACSD Solar Array_022525 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
Staff Report re ACSD Approval
issued until such time as said offsite improvements have been completed and accepted by the city; provided, however, that where practical difficulties or unnecessary hardships result from the strict application of the requirements of this section, a variance may be granted by the city council upon the application to the city council by the permittee stating the reasons why a variance should be granted. The scope and installation of offsite improvements required by this section shall be in accordance with the provisions of Chapter 16.16 of this Code and the city's adopted improvement standards.”
The installation of a partial width road, curb, gutter, and sidewalk would align with Section
17.70.010(C). Chapter 17.70 (Site Development Standards) outlines minimum site development standards for all developments. Section 17.70.010(C) states “Curb, Gutter and Sidewalk. Curb, gutter, and sidewalk shall be constructed as required by the subdivision ordinance when required as part of street improvements.”
Additionally, the construction of the all-weather access road along Meyer Street and the Unnamed Road would provide site access pursuant to Section 17.70.010(G) which states “Fire Department Approval. Fire flows, fire protection facilities, and accessways and safety setbacks shall be as required and approved by the fire department. Fire Department Approval. Fire flows, fire protection facilities, and accessways and safety setbacks shall be as required and approved by the fire department.”
Applicant’s Requested Conditions of Approval:
After staff sent the applicant draft revised conditions of approval, the Applicant requested a meeting with Staff to discuss the Conditions as proposed. In this meeting, the Applicant presented their requested alternative conditions. The majority of the changes requested by the applicant were incorporated into the revised conditions of approval. The two areas of disagreement came from the City’s proposed improvement requirements along Celestial Way, and the on-site frontage landscaping required along Celestial Way. Following the meeting, the applicant sent two specific conditions that they requested be modified relating to fencing and the Celestial Way Improvements. The Applicant’s requested alternative conditions are listed below:
Fencing:
The perimeter of the Project site, without setback, shall be fenced with 6’chain-link fencing without barbed wire or concertina wire. Gates will be placed to allow emergency vehicle access and provide access for City vehicles to access the City’s sump, which is not a part of the development site. The fence shall be tied into the north-east post and the south-west post of the city sump fence.
The city sump fence will be repaired along the north-east and south-west portions of the fence.
Staff agrees, and has incorporated this condition, except that the City is requiring a minimal (5- foot) setback along the Celestial Way frontage to allow for buffer landscaping to screen the chain link fence and solar equipment from the school site.
Celestial Way Improvements:
Celestial Way is designated a local street. The south one ½ of Celestial Way from Meyer Street to Rayo De La Luna Drive shall be improved to City standards for a local street along with only curb and gutter. Such improvements will only be required when the north ½ of Celestial Way is improved as to City standards for vehicular traffic. The Improvements by the District shall not include decorative fencing, masonry wall, sidewalk, lighting, landscaping and or irrigation. The Solar Array development shall not encroach into the 60 ’ - 0’’ road easement for Celestial Way.
6.B.1
Attachment: Staff Report ACSD Solar Array_022525 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
Staff Report re ACSD Approval
A mutually agreed upon Improvement Agreement without security shall be entered into between the District and the City for a term of 20 years from the date of approval of this condition. Such Improvements will not be required to be done by the District after the 20 year time period has elapsed. District shall be given a 6 month notice when ½ street improvements need to be made.
Staff disagrees with this condition as it will result in no street improvements along Celestial Way in the near future, and no sidewalks, streetlights or street trees in the far term. If Council desires this condition, this language can be swapped out for Condition ROWI-R-3(1).
ATTACHMENTS:
Attachment A: Notice of Exemption
Attachment B: Draft Conditional Use Permit Conditions of Approval Attachment C: Draft Site Development Permit Conditions of Approval Attachment D: A Resolution of the City Council of the City of Arvin Conditionally Approving Conditional Use Permit 2024-Solar Array and Site Development Permit 2024- Acsd Solar Array
Attachment E: Letter Submitted by Applicant’s Representative, Dated February 20, 2025.
6.B.1
Attachment: Staff Report ACSD Solar Array_022525 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
CITY OF ARVIN
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT FOR
CUP – ARVIN COMMUNITY SERVICE DISTRICT – SOLAR ARRAY & SDP 2024 –
ARVINCSD SOLAR ARRAY
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
PROJECT TITLE: Arvin Community Services District Solar Array (Conditional Use Permit – Arvin Community Services District – Solar Array and Site Development Permit 2024 – ArvinCSD Solar Array)
APPLICANT: Raul Barraza, Jr., General Manager
Arvin Community Services District
309 Campus Drive
Arvin, CA 93203
PROJECT LOCATION: Generally located at the southwest corner of Meyer Street and Celestial Way with easements south along Meyer Street to Millux Road and east along Millux Road (portions of APNs:
189-353-06, -07, -08, and -09).
PROJECT DESCRIPTION: CUP – Arvin Community Service District – Solar Array and SDP 2024 – ACSD Solar Array were filed by Raul Barraza, Jr., on behalf of the Arvin Community Services District, and pertains to portions of APNs 189-353-06, -07, -08, and -09. The project proposes to construct a ground-mounted rotating solar array on a 6.84 acre portion of APN 189-353-07 (52.77 acres).
Additionally, underground easements for utility connections will run south along the west side of Meyer Street to Millux Road and west along the north side of Millux Road to provide electrical service to the existing water well sites on APNs 189-353-08 and -09, which are owned and operated by the Arvin Community Services District. The Project site is planned and zoned for single-family residential uses.
This project is exempt under Section 15304/Class 04 and Section 15329/Class 29 of the California Environmental Quality Act (CEQA) Guidelines as follows:
Under Section 15304/ Class 04, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Section 15304 of the CEQA Guidelines provides the following examples:
6.B.2
Attachment: Att A NoE ACSD Solar Array Feb 25 2025 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar (e) Minor temporary use of land having negligible or no permanent effects on the environments, including carnivals, sales of Christmas trees, etc; (f) Minor trenching and backfilling where the surface is restored; The proposed project includes a solar array and easements for underground electrical service to provide power to existing water wells in the vicinity of the site. The solar array will be placed on land owned by the Successor Agency to the City of Arvin Redevelopment Agency. The Arvin Community Services District has entered into a 30- year lease agreement, with the option for two (2) additional 5-year extensions for a total term of 40 years. The solar array has been designed such that, at the end of the lease term, the array can be removed and the site may be redeveloped. As such, the proposed project can be determined to be a temporary use of land having negligible or no permanent effects on the environment. Additionally, the easements and underground electrical connections will require minor temporary trenching which will be backfilled, thereby restoring the surface close to its pre-disturbance state.
Under Section 15329/Class 29, the proposed project is exempt from CEQA requirements when the project consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section:
a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will:
1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and
2) Comply with all applicable state, federal, and local air quality laws.
The proposed project is not an existing industrial use. b) At commercial and institutional facilities, the installation of cogeneration facilities will be exempt if the installation will:
1) Meet all the criteria described in subdivision (a);
2) Result in no noticeable increase in noise to nearby residential structures; 3) Be contiguous to other commercial or institutional structures.
The proposed Project includes a solar array, with a capacity of approximately 1.5 MW, and easements to provide electrical service to existing water well sites owned and operated by the Arvin Community Services District. As such, the Project will provide cogeneration facilities with a capacity of less than 50 MW. Additionally, the project will not result in a net increase in air emissions, will comply with all applicable state, federal, and local air quality laws, will not result in a noticeable increase in noise to nearby residential structures, and will be contiguous to the existing structures.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.
6.B.2
Attachment: Att A NoE ACSD Solar Array Feb 25 2025 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Date: February 25, 2025
Prepared By: Isaiah Medina, Assistant Planner
Precision Civil Engineering, Inc.
Submitted by:
Jeffrey Jones
City Manager
City of Arvin
(661) 854-3134
6.B.2
Attachment: Att A NoE ACSD Solar Array Feb 25 2025 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Conditions of Approval – CUP Arvin Community Services District Solar Arry and easements Page 1 of 2 Revised Conditions of Approval
Dated February 25, 2025
Conditional Use Permit 2024-Solar Array
Conditional Use Permit 2024-Solar Array and Easements: The conditional use permit establishes the zoning clearance for the development of a 6.87 acre ground-mounted solar array and easements for underground electrical conduit to water wells NO. 11 and 16 on portions of APN’s 189-353-06 and -07.
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL (G)
G-1 The Conditional Use Permit for the establishment of a ground mounted solar array in the land zoned R-1 Single Family Residential and the Site Development Permit conditional approval that will provide alternative energy for the servicing two existing water wells owned and operated by Arvin Community Services District is Categorically Exempt per (CEQA) Environmental Quality Act Guidelines, Section 15304 Minor Alterations to Land and Section 5329 Cogeneration Projects at Existing Facilities. A Notice of Exemption is filed at the Community Development Department, 141 Plumtree Drive, Arvin, CA and may be viewed during normal business hours.
City Clerk to file the Notice of Exemption with the Kern County Clerk’s Office and Staff to file the Notice of Exemption with the State of California -CEQA submit. Applicant shall pay all fees for the processing and filing of the Notice of Exemption.
G-2 The applicant shall file an application and payment of fees for addressing. Addressing application may be obtained from the Planning Division upon development on the project site.
G-3 Prior to the development of the project, the applicant shall be required to obtain Site Development Permit approval as required by Tite 17 Zoning, Chapter 17.60 Site Development Permits.
G-4 The Site Development conditional approval, SDP 2024-ArvinCSD Solar Array, by the Planning Commission establishes requirements for development of project.
G-5 The owner(s)/applicant(s)/subdivider(s), (hereinafter referred to as applicant), at their sole cost and expenses, shall defend, indemnify and hold harmless the City of Arvin ), (hereinafter referred to as “City”), its agent, legislative body, officers, and employees in any legal or administrative action, claim or proceeding concerning approval of Conditiona Use Permit or, at its election and in the alternative, shall relinquish such approval. The applicant shall assume the defense of City in such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by applicant, but subject to the City’s reasonable approvals.
Applicant shall also reimburse the city, its agents, legislative body, officers and employees for any judgements, amounts paid in settlements, court costs and attorneys’ fees, which the City, its agents, legislative body, officers, and employees may be required to pay at court as result of such action, claim, or proceeding. The city may, at its sole discretion, participate at its own
6.B.3
Attachment: Att B CUP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) Conditions of Approval – CUP Arvin Community Services District Solar Arry and easements Page 2 of 2 expenses in the defense of any such action, claim or proceeding, but such participation shall not relieve Applicant, of their obligation under this condition.
END
6.B.3
Attachment: Att B CUP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 1 of 8
Revised Conditions of Approval
Dated February 25, 2025
Site Development Permit 2024-Arvin Community Services District (CSD) Rotating Ground Mounted Solar Array
PROJECT DESCRIPTION:
Arvin Community Service District received approval for zoning and development, Conditional Use Permit and Site Development, for the construction of Rotating Ground Mounted Solar Array on a portion of APN 189-353-07 in a R-1 Single Family Residential Zone district. In addition, the Arvin CSD is requesting underground easements along the west side of Meyer Street, along the UNNAMED ROAD from the westerly side of the project to Meyer Street, and along the north side of Millux Road. The underground easement will allow the extension of electrical service from the solar array to existing water well sites, APN 189-353-09 which is developed with Well Site No. 11 (west side of Meyer Street) and APN 189-353-08 which is developed with Well Site No. 16 (the north side of Millux Drive) owned and operated by Arvin CSD. The rotating ground mounted solar array area is approximately 6.84 acres of the 52.77 Acres of APN 189-353-07 and is generally located at the southwest corner of Celestial Way and Meyer Street.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations, or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project.
This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
PROJECT INFORMATION
Applicant: Raul Barraza, Jr., General Manager
Arvin Community Services District
309 Campus Drive
Arvin, CA 93203
Project Address: Addressed Not Assigned
Project Location: Southwest corner of Celestial Way and Meyer Street Assessor Parcel No. and Size: Construction of a 6.84 Acre Ground Mounted Solar Array on a portion of APN 189-353-07 and underground utility connections on Portions of APN 189-353-06 and -07
6.B.4
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 2 of 8
Zoning: R-1 Single Family Residential Zone
General Plan Land
Use Designation
Low Density Residential
CONDITIONS AND REQUIREMENTS:
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL (G)
Development shall take place and be maintained in accordance with final Site Plan Exhibit for this project, attached as Exhibit "A1" dated September 5, 2023, and the Site Development Application submitted by the applicant on October 28, 2024, as amended by these conditions.
G-1 All exhibits and references identified in the following conditions approving this project are conditions of approval unless otherwise waived. Therefore, all requirements, conditions, mitigation measures, standards, policies listed in these conditions, are to be implemented by the project applicant and successors in interest unless specifically waived by the City of Arvin.
Planning Commission Staff Report dated December 17, 2024, statements, drawings, and illustrations are adopted by reference and are conditions of approval.
G-2 The projects are subject to the California Environmental Quality Act (CEQA) Guidelines.
A Notice of Exemption is filed at the Community Development Department, 141 Plumtree Drive, Arvin, CA and may be viewed during normal business hours.
G-3 Contractors and subcontractors shall obtain a business license from the City of Arvin prior to beginning any work.
G-4 On-site landscaping - The applicant shall submit a landscape and irrigation plan along Celestial Way prior to the issuance of the final inspection of the project by the Building Official.
Landscape plans are to be submitted to the Planning Division for review and for approval.
G-5 The applicant shall sign the Acceptance of Conditions following approval by City Council.
G-6 Conditions shall run with the land. All owners, present and future, of the property shall be subject to these conditions of approval. Failure to comply with any condition of approval is grounds for immediate suspension or revocation of this site development permit.
G-7. Community Development Director or designee is authorized to consider minor modifications to conditions of approval and timing of implementation of conditions where it is found that such modifications and adjustment in timing of implementation of conditions do not nullify the intent of the conditions established by the City Planning Commission.
6.B.4
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 3 of 8
PLANS BY LICENSED PROFESSIONAL:
PLP-1. All Civil Plans must be signed and stamped by a licensed Civil Engineer, Land Surveyor, or Landscape Architect. Required plans and studies are expected to include, but not limited to the following, if applicable:
a. Survey/site control
b. Demolition and Dust Control
c. Site improvements
d. Grading and drainage
e. Landscaping and irrigation
f. Utility plan
g. Electrical and lighting
h. Geotechnical investigation
PLP-2. All Civil Plans and improvements must be in substantial compliance with all applicable codes including, but not limited to Arvin Municipal Code (AMC) 13.08, 15.32, 17.30, 17.60, and
17.70. PLP-3. Final Site Plans: Final Site Plans, Grading plans, etc. shall be submitted to and approved by the City Engineering and Planning Divisions of the Community Development Department, prior to any on-site improvements.
UTILITIES AND SERVICE PROVIDER(S):
U-1 Pacific Gas and Electric: PG&E is the provider of electric and gas services to the project site. All new electrical services shall be underground.
U-2 Sewer Services - Arvin Wastewater Collection and Treatment Facility – Operations and Maintenance by Veolia West Operation Services, Inc.: The project design has not identified any need for sewer service. Should the project construct buildings requiring sewer service, the applicant shall apply for and receive approval for sewer service.
U-3. Water Service: Arvin Community Services District provides public water services within the City of Arvin. The applicant will be required to coordinate and obtain water service through that agency if utilized. The City Building Official will ensure that public water service commitment is received from that agency prior to the issuance of a final inspection.
U-4. Water Meter Connection: The applicant developer will be subject to connection and meter charges from the Arvin Community Services District.
EXTERIOR SITE AND BUILDING IMPROVEMENTS:
ES&BI-1 Exterior lighting: All exterior lighting shall be arranged or shielded in such a manner as to contain the direct illumination on the site and avoid glare in nearby residential areas and schools. Exterior lighting shall be powered by passive energy, for example, solar powered (
17.70.010(I))
6.B.4
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 4 of 8
ES&BI-2 Trash Receptacles: No trash receptacles are proposed to be located on the project site.
However, if Trash Receptacles are constructed, it shall be screened with an overhead trellis and located in such a manner not visually obtrusive from any off-site location. The location and method of screening for all trash receptacles shall be approved by the City Planner. The proposed trash enclosure is inside of the secured site. The applicant shall coordinate with solid waste provided for the waste containers at the curb side for trash pickup. The applicant shall provide confirmation from the solid waste provider prior to final design and location approval by the City Planner. (17.070.010(K))
ES&BI-3. Fencing: The applicant’s construction plans, Fence Grounding Details, propose plans that appear to be a chain link fence with slats to obscure visibility into the site. The applicant shall obtain a building permit should the fence height exceed 6’-0”.
The perimeter of the Project site, without setback on all sides (with the exception on the north side abutting Celestial Way which requires a setback as identified below), shall be fenced with 6’chainlink fencing without barbed wire or concertina wire. Gates will be placed to allow emergency vehicle access and provide access for City vehicles to access the City’s sump, which is not a part of the development site. The fence shall be tied into the north-east post and the south-west post of the city sump fence. The city sump fence will be repaired along the north-east and south-west portions of the fence. Fence shall be constructed pursuant to City Standards.
The 6-foot fence along Celestial Way shall be setback a minimum of 5-feet (17.50.090 and
17.08.040). Although a 20-foot setback is normally required pursuant to the code section identified above, setback has been reduced to 5-feet. In order to provide screening of mechanical equipment withing the solar facility and the chain link fence, this 5-foot area shall be landscaped with hedges or similar landscaping (17.70.010-J).
1. Celestial Way The south side of the Celestial Way improvements include landscaping and irrigation (within the 5-foot front yard setback), and street lighting per the public works standards (15.040.050 and 17.70.010-C).
ES&BI-4. Gated Access: Access is proposed for both vehicle and pedestrian access from the UnNamed Road, on the south side of the project site, west of Meyer Street. The vehicular access and pedestrian access will require a system which will permit access by the emergency service providers, Police, Fire, and other First Responders. The applicant shall coordinate with the emergency providers and the building official in establishing and implementing the emergency access system. The final inspection and clearance shall not be issued until the system is active.
ES&BI-5. Fencing Storm Water Retention Basin: The applicant shall retain all storm water onsite unless an alternate design for stormwater discharge is approved by the City Engineer. The applicant shall provide fencing as required by the City Engineer for any storm water retention basins required for the project.
FLOOD PLAIN MANAGEMENT, DRAINAGE and BEST MANAGEMENT
PRACTICES:
6.B.4
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 5 of 8
FPM-D&BMP-1 Floodplain Management – Chapter 15.32. The project is located within FEMA FLOOD HAZARD which has a 1 percent annual chance flood shallow flooding. The project shall be required to meet the requirements of Section 15.32.170(C) and (D). Prior to the issuance of the final inspection by the Building Official, a Flood Certification shall be provided as may be required by the City Engineer.
FPM-D&BMP--2- Water Drainage - Prior to the issuance of any grading or building permits, a plan for the disposal of drainage waters originating on site and from adjacent road rights of way shall be approved by the City Engineer. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. Grading and Drainage plans shall be submitted to the City Engineer for review and approval. Site drainage on to or into the public right-of-way is not permitted unless specifically approved by the City Engineer.
FPM-D&BMP-3 Dust Control plans must be provided, as required by the San Joaquin Air District.
Best Management Practices to be implemented during site construction. The applicant shall submit final BMP program for review and approval to the City Engineer prior to site disturbance.
FPM-D&BMP-4 Developer shall comply with applicable construction storm water requirements as required by the California Water Board. A Stormwater Pollution Prevention Plan (SWPPP) may be required. Developer should retain the services of a Qualified SWPPP Developer (QSD) to make such determinations. Developer must provide a Board-approved plan and a Water Discharger Identification (WDID) number (or approved erosivity waver) to the City prior to commencing construction, if applicable.
FPM-D&BMP- 5. Developer must apply for and obtain a grading permit from the City prior to any on-site or off- site grading.
FPM-D&BMP- 6. Developer shall comply with Arvin Municipal Code Chapter 15.32 regarding floodplain requirements and shall provide the floodplain administrator for the City all required plans, forms, and information. This may have implications on the building plans, and may require the elevation of existing structures or modifying the existing structure such that it is flood resistant (i.e. “flood proof” or “watertight”). The applicability of this will depend on the amount of work being proposed to existing structures. It is believed that thresholds which trigger such requirements will be passed, and the developer should be prepared to comply with the more stringent FEMA guidelines.
OFF-STREET PARKING, LOADING, AND ACCESS
PL&A-1. Off-street parking location and design is not applicable for this project, as normally required by Title 17 Zoning, Chapter 17.48. The internal circulation system for site maintenance and access by emergency vehicles shall be approved by the Police Department and Kern County Fire District.
6.B.4
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 6 of 8
SIGNAGE:
S-1. Prior to the installation of any on-premises sign, the applicant shall apply for and receive a Sign Permit from the Planning Division.
RIGHT OF WAY IMPROVEMENTS – REQUIREMENTS:
ROWI-R-1. Obstructions under District control located within street rights-of-way shall be removed. Upon the review of grading plans, encroachment permits, etc., if applicable, should obstructions be identified, the applicant shall remove the identified obstruction (17.070.010(B)).
ROWI-R-2. Curb, gutter, and sidewalk shall be constructed as required by the subdivision ordinance when required as part of street improvements (as indicated in these revised conditions of approval). New construction and/or replacement of existing, when determined by the City Engineer, shall require an encroachment permit prior to any demolition and or construction. Plans prepared by a Civil Engineer or equivalent shall be submitted to the City for review and approval.
ROWI-R-3. The City Engineer shall coordinate the Arvin Community Services District Off-site Improvement Agreement and fiscal guarantee for the immediate and future street and infrastructure improvements as follows. An agreement is needed in the event that improvements will be completed after issuance of final permit:
1. Celestial Way, a Local Street classification, shall be improved to half-width roadway standards per the City of Arvin Plate R1 along the property frontage, and to the half-width road standard per Plate R1—from which the curb, gutter, and sidewalk are excluded—from the western property boundary to Rayo de La Luna Drive. Additionally, from the western property boundary to Rayo de La Luna Drive, improvements shall include a 6-foot wide ADA compliant pedestrian path along the south side of Celestial Way. To be completed prior to final inspection by the Building Division with timing of improvements as approved by the City Engineer (15.040.050 and 17.70.010-C).
2. Meyer Street, a Collector Street classification, shall be improved with an all-weather road along the property frontage from Celestial Way to the unnamed road, as approved by the Kern County Fire Department. The Solar Array Development shall not encroach into the 110’-0” road easement. To be completed prior to final inspection by the building division and timing of improvements as approved by the City Engineer (17.70.010-G).
3. Un-Named Road, a Local Street classification, which is an east-west street, on the south side of the Solar Array, shall be improved to an all-weather road along the property frontage from Meyer Street to the west project boundary, as approved by the Kern County Fire Department. To be completed prior to final inspection by the Building Division with timing of improvements as approved by the City Engineer (17.70.010-G).
ROWI-4. The City Engineer shall require the applicant’s engineer to determine if the underground easements for the underground electrical along the Un-Named Road, Meyer Street, and Millux Drive are within the future right-of-way. If determined to exist, the applicant’s engineer shall design and locate the underground easements outside of the future rights-of-way.
6.B.4
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 7 of 8
PUBLIC WORKS – CITY ENGINEER:
PW-CE-1 All plans and specifications for future work required on the current and future public right of way shall be prepared by a Registered Civil Engineer licensed in the state of California (Engineer of Record) and to the satisfaction of the City Engineer.
BUILDING DIVISION:
BD-1 The applicant shall apply for and obtain all building permits prior to the construction of the solar array.
KERN COUNTY FIRE PROTECTON:
KCFP – 1 The applicant shall obtain clearance from the Kern County Fire Department prior to final inspection by the Building Official. The applicant shall provide a copy of the approval by Kern County Fire District to the City Planner.
LANDSCAPE AND IRRIGATION TO BE INCOMPLIANCE WITH 23 CA ADC § 490 CALIFORNIA CODE OF REGULATIONS TITLE 23. WATERS, DIVISION 2.
DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE AND TITLE 15 BUILDING
L&I – 1. The Arvin Community Services District shall be required to maintain the landscaping and irrigation systems and lighting along Celestial Way for the length of the lease agreements between Successor Agency of the City of Arvin Redevelopment Agency and Arvin Community Services District.
L&I – 2. Preliminary Irrigation and Landscape Plans are provided by the applicant. Water Conservation and Water Efficient Landscape Regulations (Section 15.36.030 and Chapter 15.38 Water Efficient Landscape Regulations-Attachment 4) must be implanted. The applicant shall retain a Licensed Landscape Architect to prepare irrigation and landscape plans in compliance with Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping and Chapter 15.38 Water Efficient landscape Regulations. Said plans shall be submitted to the City for review and approval.
The Landscape Architect shall certify that the submitted plans and installation of irrigation systems and landscaping materials meet all the requirements of the City and State of California Chapter
2.7. Model Water Efficient Landscape Ordinance. Upon implementation of the irrigation system and landscaping, the applicant shall be responsible for the continued maintenance of the irrigation and landscaping.
DISCLOSURES AND APPEALS - IMPORTANT PLEASE READ CAREFULLY:
Approval of this site development permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
a. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use
6.B.4
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 8 of 8
areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; and
b. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property.
Approval of this site development permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements, the specific Zoning Ordinance requirements set forth herein, and all City Standards and Specifications as set forth herein. This site development permit is granted, and the conditions imposed, based upon the application submittal provided by the applicant. The application is material to the issuance of this site development permit. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the site development permit or any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the site development permit review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this site development permit or subsequent amendments or revisions.
If the Site Development Permit is not implemented within one (1) year from the date of issuance of this site development permit, or within any extended period thereof, this site development permit shall expire, and the site development permit approval shall be null and void.
These conditions are applicable to any person or entity making use of this permit, whether identified as "permittee," "applicant," "operator," "developer," or is unnamed.
END
6.B.4
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array)
Reso Conditionally Approving CUP 2024-Solar Array and SDP 2024-ACSD Solar Array.
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 2024-
SOLAR ARRAY AND SITE DEVELOPMENT PERMIT 2024-ACSD SOLAR ARRAY
WHEREAS, The Planning Commission, on December 17, 2024, reviewed and conditionally approved Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-ACSD Solar Array; and
WHEREAS, The Applicant (Arvin Community Services District), on December 26, 2024, filed a timely appeal to the Planning Commission action relating to Conditional Use Permit 2024- Solar Array and Site Development Permit 2024-ACSD Solar Array; and WHEREAS, The City Council, on January 28, 2025, conducted a Public Hearing to hear the Applicant’s appeal; and
WHEREAS, The Applicant appealed all Conditions of Approval for Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-ACSD Solar Array; and WHEREAS, After receiving Staff’s report and the Applicant’s appeal, the City Council directed Staff to remove any discretionary Conditions of Approval the applicant identified in their presentation, with the exception of street improvements along Celestial Way, and directed Staff to work with the Applicant to come to an agreement regarding the street improvements along Celestial Way; and
WHEREAS, Staff have worked with the Applicant to modify the Conditions of Approval for Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-ACSD Solar Array; and
WHEREAS, Staff and the Applicant have been unable to come to an agreement on all of the final Conditions of Approval, specifically related to the improvements along Celestial Way; and
WHEREAS, The City Council conducted a public hearing on February 25, 2025, providing an opportunity for all interested parties to provide testimony, considered Staff’s recommended Conditions of Approval, and considered the Applicant’s proposed Conditions of Approval; and
WHEREAS, The City Council, upon the conclusion of the public hearing, made a determination as to which proposed Conditions of Approval shall be adopted. ////
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6.B.5
Attachment: Att D CC 2-25 ACSD Resolution (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array)
Reso Conditionally Approving CUP 2024-Solar Array and SDP 2024-ACSD Solar Array.
NOW, THEREFORE, the City Council of the City of Arvin does hereby resolve as follows:
1. The recitals and findings set forth above are true and correct and incorporated herein by this reference.
2. The City Council hereby adopts the CEQA Finding, determining the Project is exempt from the California Environmental Quality Act pursuant to California Environmental Quality Act Guidelines Section 15304, Minor Alterations to Land, and 15329, Cogeneration Projects at Existing Facilities.
3. The City Council hereby approves Conditional Use Permit 2024-Solar Array, subject to Conditions of Approval attached as Revised Conditions of Approval Dated February 25, 2025, as amended at the hearing by Council.
4. The City Council hereby approves Site Development Permit 2024-Solar Array, subject to Conditions of Approval attached as “Revised Conditions of Approval Dated February 25, 2025”, as amended at the hearing by Council.
5. This Resolution shall become effective immediately upon adoption by City Council. //////
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6.B.5
Attachment: Att D CC 2-25 ACSD Resolution (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array)
Reso Conditionally Approving CUP 2024-Solar Array and SDP 2024-ACSD Solar Array.
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 25th day of February 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
Hodges Law Group
6.B.5
Attachment: Att D CC 2-25 ACSD Resolution (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array)
Reso Conditionally Approving CUP 2024-Solar Array and SDP 2024-ACSD Solar Array.
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
6.B.5
Attachment: Att D CC 2-25 ACSD Resolution (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) Page
5 of 5
Reso Conditionally Approving CUP 2024-Solar Array and SDP 2024-ACSD Solar Array.
ATTACHMENT
Revised Conditions of Approval Dated February 25, 2025
6.B.5
Attachment: Att D CC 2-25 ACSD Resolution (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array)
6.B.6
Attachment: Att E Letter Sent by Applicants Representative_Redacted (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP Solar Renewable Energy System
for the City of Arvin Wastewater Treatment Plant
Program Update & Contract Amendment
Prepared by: John J. Burdette III, CEM, CDSM, LEED AP
Veolia North America
Facilities, Buildings and Service
02/17/2025
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 2 John J. Burdette III, CEM, CDSM, LEED AP
Senior Program Development Manager
Sustainable Industries & Buildings (SIB)
Veolia Sustainable Buildings USA West, Inc.
Mobile: (530) 368-7886
Email: [email protected]
INTRODUCTIONS
Mirna Romero
Senior Project Manager
Sustainable Industries & Buildings (SIB)
Veolia Sustainable Buildings USA West, Inc.
Mobile: (916) 712-6665
Email: [email protected]
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities City of Arvin Sustainability Journey
• Introduction to Veolia’s Facility & Building Services (SIB) Program 11/17/2022 • Utility and Site Data Collection 12/21/2022
• Preliminary Site Walks 12/21/2022
• Preliminary Utility Data Analysis 01/12/2023
• Presentation of the Preliminary Analysis and ECM Selection 01/24/2023 • City Council directed Veolia to move forward w/ Engineering & PG&E NEM v2.0 Interconnection Applications at no cost to city 03/06/2023 • PG&E Interconnection Applications have been uploaded and submitted. NEM v2.0 has been secured 04/14/2023 • City Council Meeting to act and directed Veolia to proceed with PPA or the CEC ECAA (1.0% Interest ) Loan Application 04/25/2023 • Master Services Agreement (MSA) contract negotiations with City Manager & City Attorney 08/03/2023 • City of Arvin to Post Two Week Public Notice as required by CA Gov’t Code 4217 08/08/2023 • City Council Public Hearing Moved to Continue Decision to 10/24/2023 08/22/2023 • Worked with Consultant Project Development Solutions (PDS) to identify cost reduction 10/13/2023 • Provided proposed revisions to WWTP O&M Contract as well as Solar O&M Contract per City Attorney 10/13/2023 • City Council Meeting – Public Hearing and Resolution Vote to move forward with proposed Veolia Program (No Motion) 10/24/2023 • City Council Meeting – Public Hearing and Resolution Vote to move forward with proposed Veolia Program 11/12/2024 • City Council Meeting – Present Resolution for Contract Amendment 01/28/2025 • City Council Meeting – Present Resolution for Contract Amendment Round 2 02/25/2025
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 4 VEOLIA’S PROVEN (SIB) PROGRAM PROCESS
Data
Collection,
Site Walks
and
Interviews
Discovery
Meeting
Preliminary
Analysis
Findings
Presentation
Program
Verification
&
Development
Agreement
Final
Program
Development
Contract &
Implementation
• Introduce FBS
Program
• Identify
Challenges/ Trends
• Identify Goals &
Objectives
• Action Plan
• Collect facility
information and
square footages of
your facilities.
• Collect and analyze
your utility cost and
consumption data.
• Identify any existing
technical issues or
deferred
maintenance scope
items..
• Select Scope of
Work Measures to
include in the
program
development
process
• Estimated Savings
• Estimated
Implementation
Costs
• Estimated
Greenhouse Gas
Emission
Reductions
• Verify Detailed
Scope of Work
• Funding Solution
• Identify and Apply
for Rebates,
Grants and
Incentives
• Confirm Schedule
• Review Financial
Performance
• Draft Program
Contract Review
• Finalize Funding
Solutions
• Post Two Week
Notice for CA
Government Code
4217 Compliance
• Public Hearing &
Resolution During
Regularly
Scheduled Board
Meeting
• Present Final
Guaranteed Costs
& Savings
• Board Resolution
• Execute Contract
• Implementation
• Measurement &
Verification (M&V)
• Energy Management
Services
• Hubgrade
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Current Implementation Status Update
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CEC ECAA Funding Package
Approved Funding approved
with Federal ITC Direct Pay
Option
Contingency
Budget for PG&E
Service Upgrade
and other required
scope items
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Financial Cash Flow Analysis
Veolia lowered program
cost $229,433 from
$3,900,000 to $3,670,561
Contingency
Budget Increased
Total Funding
Package Does
not change
Return on Investment
is unchanged
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Revised Funding Summary
Energy Efficiency Measures
Estimated
Total Project
Cost
Energy
Commission
Loan
Estimated
Annual
Energy Cost
Savings
Simple
Payback*
(Years)
Wastewater Treatment Plant:
Install 997.2 kW-DC ground
mounted solar PV system
$ 3,670,561.00 $ 3,000,000.00 $ 233,091.00 12.9
Wastewater Treatment Plant:
PG&E Utility Side Service
Upgrade & City Controlled
Contingency
$ 615,153.00 $ - $ - N/A
TOTALS: $ 4,285,714.00 $ 3,000,000.00 $ 233,091.00 12.9
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Contract Agreement / Master Services Agreement
MSA term below (page 16) dictating exclusion of unknown modifications required by the AHJ - Section 5. term C. iv.
With respect to exclusion of the PG&E upgrade costs see term C. ii. below
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Options for City Council
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Questions?
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC Decision
Net Energy Metering (NEM 2.0)
• Reducing the economic value of going solar 50-75%
from what it is today.
• Consumers get some of the best net metering
benefits across the country under NEM 2.0
• These benefits will come to an end with the
implementation of California’s NEM 3.0
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC will grandfather older systems in and continue
to uphold the original agreements. This means going
solar now would most likely allow you to lock in the
net metering 2.0 benefits for 20 years.
Veolia has completed all project development,
engineering and interconnection applications with
PG&E and has received acknowledgment that
application has been received before sunset date
CPUC Decision
Net Energy Metering (NEM 2.0)
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 14 Over 25% escalation in the last two years!
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities What do these three numbers have in common?
1908 1960 2023
The City of Arvin has
been in existence since
1908 when the Staples
Store opened on the East
of Bear Mountain
Boulevard.
The City of Arvin was
incorporated on
December 21, 1960.
The City of Arvin has
been in existence for
over a 115 years!
How many more
years will it be here?
100, 200 years, and
beyond? Let’s think
long term!
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Vision Statement
• Veolia’s vision for the City of Arvin’s wastewater treatment plant is to reduce electricity costs through solar renewable energy generation. • The proposed system will also reduce air pollution and lower the cities carbon footprint which will aid in meeting the Climate Action Plan requirements set forth in AB32 for cities, counties and special districts here in the State of California. • The proposed system will also fix the cost of electricity over the next 30+ years, hedging against the high utility escalation experienced over the last 50 years and forecasted due to undergrounding of PG&E transmission lines and the adoption of EV Vehicles in the State of California.
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Goal Alignment – City of Arvin General Plan
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Solar Renewable Energy Location
Program Implementation Cost: $3,900,000.00
Revised Implementation Cost: $3,670,561.00
• High Efficiency Tier 1 Solar Equipment with extended
warranties.
• Complete Turnkey Design & Installation
• Generates 100% of the electricity for the wastewater
treatment facility.
• Includes a grandfathered NEM v2.0 electric meter under Veolia’s account
• Veolia to pass through PG&E savings by reducing cost of O&M contract
• Includes Extended Payment Terms
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 19 Veolia’s Recommendation
Avoided Capital Expenditures to be included in the project Upgrade main electrical service from 800 amps to 2000 amps.
This is required for future plant modifications.
Relocate and upsize the “Centrate Line”
which is also required.
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities So what? What does that mean for us?
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities So what? What does that mean for us?
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities So what? What does that mean for us?
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 23
FUNDING SOLUTIONS
Leveraging Available Funding & Tax Incentives
California Energy Commission (CEC) Energy
Conservation Assistance Act (ECAA) One Percent
(1.0%) Interest Loan Program
Veolia has completed the required feasibility study and all application forms and has submitted application to secure $3,000,000.00 through this program subsidized by the State of California.
Inflation Reduction Act (IRA) 30%-40% Investment Tax
Credit/Grant Direct Payment to Municipalities
Veolia assist the City of Arvin to apply for and secure the direct payment from the US Treasury. We may be able to
get an additional 10% as a bonus for “Disadvantaged
Community”, however, the WWTP is located just outside of the area on the map, however, we are going to apply for it.
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 24
FINANCIAL PERFORMANCE
PPA versus CEC ECAA Loan
• Provides Return on Investment (ROI) = 317%-900%+
• Secures Federal Direct Payment from US Treasury
Will pay for 30-40% of eligible project costs.
• Financing at (1.0%) interest which is the lowest financed cost to the City of Arvin or any entity in this high interest rate environment.
• Veolia proposes to deduct the electricity costs out of O&M contract for the WWTP, and City of Arvin to realize $230,000 in today’s dollars of guaranteed energy
savings. Will be CPI adjusted higher when solar system
goes online.
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 25
ENVIRONMENTAL BENEFITS
Carbon Reduction & Climate Action Planning Goals per AB32
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Hubgrade
Advanced Intelligence coupled with Human Experience
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Only with Veolia can you achieve!
• Secured Net Energy Metering (NEM) v2.0 Grandfathered PG&E Electric Meter: Veolia has invested in the design and development of the solar array and interconnection application to get the PG&E electric meter grandfathered on the NEM v2.0 program before the program closed on April 14th, 2023.
• Leverage of Tax Incentives and Cash Payments Funding: Veolia aids the client in identifying and applying for grants, rebates and incentives.
• Upgrade to Energy Efficient Equipment: Upgrade today and pay for it with future energy savings. No need for capital funds or additional funding, just re-directs funds already in the budget for utilities and O&M to these smart investments. • Perform Capital Improvements: Capital Budget Avoidance • Decrease Operating Costs (Utility and O&M): Veolia helps stabilize budgets from volatility in the energy marketplace and once the debt service is paid in full, all subsequent energy cost savings are realized, and operating budgets are permanently lowered.
• Hedge Against Historical High Utility Escalation Rates: PG&E has high electric escalation rates as illustrated by the data over the last 40 years. Veolia will help hedge against these inflationary pressures.
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Veolia Brings Value!
• Guaranteed Performance: Veolia’s typically install systems and equipment that it guarantees will generate savings for the payback period of the loan. If a piece of equipment fails during the payback period of the project, Veolia is responsible for replacing it.
• Responsibility: Veolia is obligated to pay in the event of an energy savings shortfall and must guarantee the energy savings. If actual savings are lower than guaranteed, Veolia reimburses the owner for the shortfall. • Measurement & Verification: Annul energy savings verification is conducted per the International Performance Measurement & Verification Protocol (IPMVP), an industry standard to prove the savings is being achieved. • Accountability: Veolia serves as the single point of accountability. No finger pointing between consultants, subcontractors and equipment manufactures / vendors.
• Financing Solutions: Veolia assists the Owner in identifying rebate, incentives, and low interest financing options that are available.
• Greenhouse Gas Reduction Compliance Reporting: Hubgrade energy & carbon footprint reduction dashboards.
7.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar
CITY OF ARVIN
Staff Report
Meeting Date: February 25, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Amendment No. 1 to Master Services Agreement No. 2023-31 dated December 4, 2023, between Veolia Sustainable Buildings USA West, Inc., formerly known as Enovity, Inc. and the City of Arvin for a contingency budget in the amount of $615,153.00 for payment for PG&E Utility Upgrades and other scope items for the City of Arvin’s Wastewater Treatment Plant Solar Renewable Energy Project, and related budget adjustments.
BACKGROUND:
At a regularly scheduled City Council meeting on November 28th, 2023, the City of Arvin City Council voted to contract with Veolia Sustainable Buildings USA West, Inc. (f/k/a Enovity, Inc.) (“Veolia”) to install a solar renewable energy generating system at the City of Arvin wastewater treatment plant to take advantage of the Net Energy Metering (NEM) v2.0 program that offered the City of Arvin first year savings of $233,091.00 with an estimated total energy saving over the life of the program of $16,859,478.00. The City applied for a one percent (1.0%) interest loan program through the California Energy Commission (“CEC”) and secured a $3,000,000 loan. The City also identified an additional $1,285,714.00 in potential Inflation Reduction Act (IRA) funding through the direct payment option for the Investment Tax Credit (“ITC”), for solar renewable energy systems for a total potential funding package of $4,285,714.00.
The Veolia contract was approved at $3,670,561.00 from the originally proposed $3,900,000.00 cost, as certain PG&E utility upgrades were not included in the Veolia contract as PG&E had then not provided a hard cost for the required upgrades. These additional costs from PG&E were anticipated, and a City-controlled contingency of $385,714.00 was included as an estimate of these PG&E costs, which was contained in the funding package submitted to and approved by the CEC, which is attached as Attachment 1 (see Exhibit A, Attachment 1, in the City of Arvin’s Loan Agreement 008-23-ECI). The actual cost from PG&E for the City’s transformer upgrade is currently estimated at $241,276.86, which was lower than the original estimate as illustrated below. This cost is still an estimate at this point until PG&E finalizes their engineering and cost proposal to upgrade the service.
7.A.2
Attachment: 1. SR - Veolia Amend 1 to Master Services Agmt_022525 (Amend #1 to Master Services Agreement No. 2023-31 with Veolia
The CEC Energy Conservation Assistance Act Approved Funding Package, executed by the City of Arvin, is attached to this staff report as Exhibit A.
Due to the fact that Veolia lowered the price for the solar renewable energy system from $3,900,000.00 to $3,670,561.00, the City’s available contingency increased $229,439.00, from $385,714.00 to $615,153.00.
To pay for the PG&E utility upgrades, the City could pay directly from the General Fund (OPTION #1) or the City could amend the contract with Veolia so that Veolia coordinates the PG&E work and pays PG&E and is then repaid by the City pursuant to the Veolia contract, which has extended payment terms tied to the City’s receipt of ITC funds (OPTION #2). A draft of an amendment to the Veolia contract accomplishing this section option is attached here as Attachment 2.
Staff has also thoroughly reviewed the financial pro forma and cash flows to ensure that the Return on Investment (ROI) to the City of Arvin remains intact. Staff has determined that the ROI’s originally presented by Veolia were conservative and assumed the entire contingency budget would be spent., that all City Controlled Contingencies would be used to install the project. To date, the City has not used all the contingency funds, and the ROI should increase if this remains the case throughout the rest of the project.
STAFF RECOMMENDATION:
Staff recommends that the Council approve the contract Addendum #1 with Veolia and to give the City Manager the authority to charge any owner controlled contingency costs, subject to approval by the Arvin City Council if any individual change order exceeds $30,000.00, related to the Veolia Solar Renewable Energy System at the wastewater treatment plant project to the City Controlled Contingency budget as illustrated in the approved funding package by the California Energy Commission and Veolia contract.
7.A.2
Attachment: 1. SR - Veolia Amend 1 to Master Services Agmt_022525 (Amend #1 to Master Services Agreement No. 2023-31 with Veolia
OPTION #1:
CITY OF ARVIN PAYS PG&E AND OTHER SUBCONTRACTORS DIRECTLY FOR
PG&E AND OTHER POTENTIAL FUTURE UPGRADES FROM GENERAL FUND UP TO $615,153.00.
OPTION #2:
CITY OF ARVIN APPROVES VEOLIA CONTRACT ADDENDUM #1 TO INCLUDE
UPGRADE COSTS IN THE EXTENDED PAYMENT TERMS WITH VEOLIA UNTIL
ALL FUNDING IS SECURED WITH CALIFORNIA ENERGY COMMISSION AND
FEDERAL GOVERNMENT INVESTMENT TAX CREDIT DIRECT PAY AND NOT TO EXCEED TOTAL PROJECT COST OF $4,285,714.00 PER APPROVED FUNDING BUDGET.
ATTACHMENTS:
1. Veolia-Arvin – Amendment 1 to Solar MSA and SOW
2. City of Arvin CEC ECAA Loan Funding Package – “008-23-ECI Final Distribution”
3. Solar NEM 2.0 Cash Flow Analysis – City of Arvin – 12092024.pdf
7.A.2
Attachment: 1. SR - Veolia Amend 1 to Master Services Agmt_022525 (Amend #1 to Master Services Agreement No. 2023-31 with Veolia AGREEMENT NO. ______________
AMENDMENT NO. 1 TO
MASTER SERVICES AGREEMENT AND STATEMENT OF WORK
This Amendment No. 1 (this “Amendment”), with an effective date of [DATE], 2025, is an amendment to that certain Master Services Agreement (Agreement No. 2023-31), dated December 4, 2023 (the “Agreement”), by and between Veolia Sustainable Buildings USA West, Inc., formerly known as Enovity, Inc. (“Service Provider”), and the City of Arvin, California (“Client” and, together with Service Provider, the “Parties”).
RECITALS
WHEREAS, Client and Service Provider entered into the Agreement in order to provide for the implementation of renewable energy projects; and
WHEREAS, pursuant to the Agreement, the Parties entered into a Statement of Work, dated December 4, 2023, to construct a solar renewable energy system to provide renewable clean energy for Client’s Wastewater Treatment Plant (the “SOW”); and
WHEREAS, effective March 1, 2024, Service Provider changed its corporate name from Enovity, Inc. to Veolia Sustainable Buildings USA West, Inc.;
WHEREAS, the Parties wish to amend the Agreement to, among other things, reflect Service Provider’s name change and revise the SOW to provide for contingency funds under the SOW.
NOW, THEREFORE, in consideration of the mutual covenants and conditionscontained in this Amendment, the Parties agree as follows:
1. Capitalized terms used but not otherwise defined in this Amendment shall have the same meaning given to those terms in the Agreement.
2. The Parties understand and agree that the Service Provider’s legal name is “Veolia Sustainable Buildings USA West, Inc.” and the Parties hereby amend the Agreement such that wherever in the Agreement Service Provider’s name appears as “Enovity, Inc.”, for each such instance, Service Provider’s name is hereby deleted and replaced to read “Veolia Sustainable Buildings USA West, Inc.”
3. The Parties agree and affirm that the Effective Date of the Agreement is December 4, 2023 and that the SOW Effective Date is December 4, 2023.
4. Section 2 of the SOW is hereby amended to delete “$3,670,561.00” and replace it with “$4,285,714.00.”
5. The SOW is hereby amended by deleting in its entirety Schedule 1, Schedule of Values and replacing it with the Schedule 1, Schedule of Values attached to this Amendment.
7.A.3
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia
6. This Amendment sets forth the entire agreement between the Parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. Except as expressly modified or amended herein, all the terms and conditions set forth in the Agreement and the SOW remain unchanged, in full force and effect, and are incorporated by reference. In the event of a conflict between the provisions of the Agreement or the SOW and this Amendment, the provisions of this Amendment shall govern and control.
7. This Amendment may be executed in multiple counterparts, each of which is deemed an original but together constitute one and the same instrument, and a signature delivered by email or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signature. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into this Amendment on behalf of the respective legal entities of Service Provider and Client. This Amendment shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. [Signature Page Follows]
7.A.3
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia IN WITNESS WHEREOF, the undersigned warrant and represent that they have been duly authorized to sign this Agreement on behalf of their respective Parties:
CLIENT: SERVICE PROVIDER:
City of Arvin, California Veolia Sustainable Buildings USA West, Inc.
By: By:
Name: Name:
Title: Title:
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
7.A.3
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Schedule 1
Schedule of Values
Item Description Amount
1 Program Development* $84,946.39
2 Project Management, Commissioning, and Closeout** $386,252.87 3 Performance Bond* $42,482.47
4 Engineering and Design $160,333.92
6 Solar Equipment $1,633,585.26
7 Earthwork and Centrate Line** $296,820.77
9 Installation Labor** $740,974.71
10 Warranty $89,664.61
11 Carrying Cost Fee** $235,500.00
12 Client’s Contingency*** $615,153.00
Total $4,285,714.00
*Due upon contract execution
**Billed over the project duration
***Client’s Contingency may be used to pay for contingency items and/or additional work to be performed by Service Provider to be documented by amendments to the SOW or additional Task Authorizations to be executed between Client and Service Provider.
Service Provider will invoice Client Contingency items in accordance with Section 4 of the Agreement.
Payments to be made in accordance with Section 4 of the Agreement; provided, however, that the Client may designate up to $1,000,000.00 in invoices for deferred payment such that Client will not be required to remit for payment to Service Provider such amounts designated for deferral until the earlier to occur of: (a) seven (7) days from the date of receipt by Client of Investment Tax Credit amounts from the United States Government related to the Project in an amount greater than or equal to the amount designated for deferral; and (b) five hundred and forty-seven (547) days from the invoice date of the first invoice designated for deferral.
7.A.3
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia
STATE OF CALIFORNIA
LOAN AGREEMENT
CEC-142 (05/10)
CALIFORNIA ENERGY COMMISSION
BORROWER AGREEMENT NUMBER
City of Arvin 008-23-ECI ADDRESS AGREEMENT TERM
200 Campus Drive
Arvin, CA 93203
03/14/2024 to 09/30/2025
The effective date of this Agreement is the date the California Energy Commission signs the Agreement. No work is authorized, or shall begin until the California Energy Commission signs the Agreement. See the signature date below for effective start date.
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.
Exhibit A – Energy Conservation Assistance Act Loan Agreement Page(s): 09 Exhibit A – Attachment 1 – Budget Detail/Project Cost and Savings Page(s): 01 Exhibit B – Promissory Note Page(s): 03
Exhibit B – Attachment 1 – Estimated Amortization Schedule Page(s): 02 Exhibit C – Contacts Page(s): 01
REIMBURSABLE AMOUNT
$ 3,000,000
MATCH SHARE
$ 0
TOTAL
$ 3,000,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION RECIPIENT AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
NAME PHONE NAME PHONE
Adrienne Winuk (916) 891-8629
TITLE
Contracts, Grants and Loans Office Manager CALIFORNIA ENERGY COMMISSION ADDRESS 715 P Street, MS-18, Sacramento, CA 95814
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 1 of 9 City of Arvin
EXHIBIT A
ENERGY CONSERVATION ASSISTANCE ACT LOAN AGREEMENT
This Loan Agreement (the “Agreement”) is entered into as of the date it is executed by both parties hereto, between the California Energy Resources Conservation and Development Commission (the “Energy Commission”) and the City of Arvin (the “Borrower”) located in Arvin, CA.
1. STATUTORY AUTHORITY AND LOAN
A. Pursuant to the purposes authorized by section 25410, et seq., of the California Public Resources Code (the “Energy Conservation Assistance Act”), the Energy Commission has approved the Borrower’s loan application dated July 3, 2023 which is not attached but is expressly incorporated by reference herein.
B. Subject to the terms, covenants, conditions, and including Special Conditions (if applicable) contained herein, and the Budget Detail/Summary of Project Cost and Savings attached as Exhibit A, Attachment 1 hereto to the extent it modifies the Borrower’s loan application, the Energy Commission shall make a loan to the Borrower (the “Loan”) in the amount of three million dollars ($3,000,000) evidenced by a Promissory Note (the “Promissory Note”) for loan number 008-23-ECI attached hereto as Exhibit B.
2. PURPOSE
The Borrower agrees to expend all funds disbursed pursuant to this Agreement only for the purposes and in the amounts set forth in Exhibit A, Attachment 1 (the “Project”). Any other use of funds disbursed hereunder shall require prior written approval by the Energy Commission.
3. LOAN DISBURSEMENT SCHEDULE
A. The Energy Commission agrees to disburse funds to the Borrower upon the Borrower’s execution of the attached Promissory Note and required supplemental documents, including invoices as required in Section 3.B below.
B. Loan funds shall be disbursed on a reimbursement basis based on invoices submitted by Borrower in a form approved by the Energy Commission.
Backup documentation for actual expenditures (such as timecards, vendor invoices, etc) and proof of payment must be provided to substantiate the request. Energy Commission staff will approve invoices only after verifying
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 2 of 9 City of Arvin
requested amounts against backup billings and determining that expenses are appropriate and used for the authorized purposes of this Loan. For executed Agreements, invoices for expenses incurred during the Agreement Term are eligible for reimbursement.
C. All invoices must be submitted within sixty (60) days after Project completion.
D. The final ten percent (10%) of the Loan amount will be withheld as retention until the final report is received from the Borrower and the Commission’s Project Manager determines the Project has been satisfactorily completed.
4. LOAN REPAYMENT AND INTEREST
All funds disbursed hereunder, together with all interest payable thereon, shall be repaid to the Energy Commission in accordance with the terms of the Promissory Note. The Loan shall bear simple interest at the annual rate set forth in the attached Promissory Note on the principal balance of Loan funds disbursed to the Borrower. Payment of said interest shall be due at the time of semiannual scheduled Loan repayment installments to the Energy Commission, and interest shall accrue from the time of disbursal of funds to the Borrower until receipt of full Loan repayment to the Energy Commission.
5. TERM
A. The effective date of this Agreement shall be the date on which it has been executed by both parties hereto. No work is authorized, or shall begin until the Energy Commission signs the Agreement.
B. The Borrower agrees to complete performance of its obligations under this Agreement within the applicable periods stated in this Agreement.
6. PREPAYMENT
The Borrower shall have the right to prepay all or any part of the amount of this Loan at any time without penalty.
7. PROMISSORY NOTE
In order to evidence its debt to the Energy Commission hereunder, the Borrower agrees to, contemporaneously with the execution of this Agreement, execute and deliver to the Energy Commission the Promissory Note (attached as Exhibit B hereto).
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 3 of 9 City of Arvin
8. ACCOUNTS, AUDITS, AND RECORDS
A. The Borrower agrees to establish on its books a separate account for this Loan. This account shall be maintained as long as the Loan obligation remains unsatisfied.
B. The Borrower further agrees to maintain records that accurately and fully show the date, amount, purpose, and payee of all expenditures drawn on said account for three (3) years after this Loan is repaid in full unless the Energy Commission requests a longer retention period.
C. The Borrower further agrees to utilize a voucher system by which all expenditures from said account will be authorized and authenticated.
D. The Borrower further agrees to allow the Energy Commission or any other agency of the State of California (the “State”) or their designated representatives, on written request, to have reasonable access to, and the right of inspection of, all records that pertain to said account or the Project.
The Borrower also agrees to submit to an independent audit, if requested by the Energy Commission, at the expense of the Borrower. Borrower agrees to maintain all such records for a minimum of three years after this Loan is repaid in full unless the Energy Commission notifies the Borrower, prior to the expiration of such three-year period, that a longer period of record retention is necessary.
9. SOURCE OF REPAYMENT; OPERATION OF PROJECT
A. Semiannual payments due to the Energy Commission under this Agreement shall be made from savings in energy costs or other legally available funds as the Borrower chooses. If the Borrower is a county, city, town, township, board of education, or school district, the Borrower agrees that the amount of the semiannual Loan repayment shall not be raised by the levy of additional taxes and shall not be an obligation against tax revenues, but shall be obtained either from savings in energy costs resulting from the subject energy conservation projects or other legally available funds as the Borrower chooses.
B. Energy cost savings as determined by the Energy Commission are based on energy usage and serving utility rate schedules at the time the Loan application is submitted, except as specified in Special Conditions, if any, as detailed in this Agreement, and the information and data contained in the Borrower’s loan application and technical study. The following will not affect the Energy Commission’s initial finding of energy cost savings, and are not a basis for claiming a lack of energy savings: a) changes in energy use and/or rate schedules which occur after submittal of the Loan application,
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 4 of 9 City of Arvin
except as specified in Special Conditions, if any, as detailed in this Agreement, b) deviations in the Project work scope from what was approved by the Energy Commission, c) changes in the Borrower’s facility and/or equipment which occur after submittal of the Loan application, including, but not limited to maintenance, operations, schedules, employees and facility alterations and expansions, d) deviations, omissions or errors found in the loan application and technical study after submittal of the Loan application.
The Borrower is responsible for ensuring the accuracy of the information contained in its loan application and technical study. In the event annual energy cost savings resulting from the Project, as determined by the Energy Commission, fail to equal or exceed the amount due under this Agreement, this Agreement may be renegotiated to assure that the repayment amount does not exceed the actual energy savings or avoided costs resulting from the Project, and the Promissory Note will be revised accordingly. In no event, however, will the number of semiannual installments payable hereunder and under the Promissory Note exceed forty.
C. The Borrower shall obtain and maintain in its records any and all permits and licenses required to install or operate the Project and shall comply with all local, state, and federal laws, rules and codes concerning the Project.
The Borrower shall maintain the Project in good working order for the duration of the Loan and shall insure that staff members are provided appropriate training on the operation and maintenance of the Project. The Borrower shall maintain insurance on the Project and, in the event of any casualty loss covered by such insurance policy, apply the proceeds to the repair of the Project or, with the approval of the Energy Commission, may use the insurance proceeds to install alternate projects to generate alternative energy cost savings to repay the Loan.
D. The Borrower agrees to provide the Energy Commission with the following information for three years following completion of the Project, unless the Energy Commission requests a longer period: (1) the annual computation, required by Section 25414 of the Energy Conservation Assistance Act, of energy cost savings for the most recent fiscal year, calculated in the manner and provided in the format prescribed by the Energy Commission; and (2) any information or change in assumptions or operations which might affect the Energy Commission’s initial determination of energy savings.
E. The Borrower authorizes any official or agent of the Energy Commission or the State to conduct physical inspections of the Project before the commencement; during construction, installation and implementation of the Project; and at any time prior to the complete repayment of the Loan. In each contract entered into with suppliers of goods and services to install, conduct, or operate the Project, including management services, the Borrower shall include terms which allow any officer or agent of the Energy
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 5 of 9 City of Arvin
Commission or the State access to the Project site and to any books, documents, or records directly relevant to the Project.
F. If, prior to final repayment of the Loan, the Borrower sells the equipment or material installed with the proceeds of the Loan or sells the building, facility or system in which the Project has been implemented, then the Borrower shall apply the sale proceeds to repay any remaining balance due under this Agreement in full at the time of such sale. The Borrower shall notify the Energy Commission within five business days of the date on which the Borrower enters into an agreement to effect such transaction. The Borrower shall repay the Energy Commission within 30 calendar days of receiving an invoice from the Energy Commission for the balance due.
G. In accordance with Section 25415 of the Energy Conservation Assistance Act, the Borrower covenants to take such action as may be necessary to include all payments due hereunder in its annual budget and to make the necessary annual appropriations for all such payments. The obligation of the Borrower to make such payments shall be limited to the savings realized by the Borrower as a result of implementing the Project funded by the Loan.
10. DEFAULT
A. The Borrower’s failure to comply with any of the terms of this Agreement shall constitute a breach of this Agreement and an event of default. In such case, the Energy Commission may declare this Agreement to have been breached and be released from any further performance hereunder.
B. In the event of any default or breach of this Agreement by the Borrower, the Energy Commission, without limiting any of its other legal rights or remedies, may, to the extent permitted by law, declare the Promissory Note evidencing this Loan to be immediately due and payable.
11. TERMINATION
A. With Cause
The Energy Commission may, at its option, terminate this Agreement with cause in whole or in part, at any time prior to the funding of the Loan, upon giving five (5) days advance notice in writing to the Borrower. "Cause" includes without limitation:
1) Failure to perform or breach of any of the terms or covenants at the time and in the manner provided in this Agreement; or
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 6 of 9 City of Arvin
2) Significant change in Energy Commission or State policy such that the work or product being funded would not be supported by the Energy Commission; or
3) Reorganization to a business entity unsatisfactory to the Energy Commission.
B. Without Cause
The Energy Commission may, at its option, terminate this Agreement without cause in whole or in part, at any time prior to the funding of the Loan, upon giving thirty (30) days advance notice in writing to the Borrower.
12. REPORTING
A. Progress reports are due each calendar quarter until Project completion. At a minimum, Borrower shall submit progress reports in accordance with the following schedule:
PROGRESS REPORT SCHEDULE
For the Period Covering Report Due Date
January 1 through March 31 April 5th
April 1 through June 30 July 5th
July 1 through September 30 October 5th
October 1 through December 31 January 5th
B. A final report is due no later than (sixty) 60 days after Project completion.
C. The Energy Commission will not process an invoice unless the Borrower’s report submittals are up to date.
D. If requested by the Energy Commission, Borrower shall submit, within ten (10) days after the Energy Commission’s written request, a status report on its activities to date, pursuant to this Agreement.
E. Reports shall be in a format as determined by the Energy Commission.
F. The Borrower shall submit reports regarding energy savings as described in Section 9.D above.
13. GENERAL TERMS
A. Indemnification by the Borrower. The Borrower agrees to indemnify, defend, and save harmless the Energy Commission, the State, and their officers, agents, and employees from any and all claims, losses, or costs (including
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 7 of 9 City of Arvin
reasonable attorney fees) arising out of, resulting from, or in any way connected with the Loan or this Agreement, or the financing or the operation of the facilities financed with the Loan.
B. Ownership of Equipment and Material. All equipment and material acquired under this Agreement shall become the property of the Borrower at time of purchase. The Borrower shall obtain and maintain in its records a written waiver of all claims, other than those previously made in writing and still unsettled, from each contractor who supplies goods and services, including management services, in connection with the Project.
C. Independent Capacity. The Borrower, and the agents and employees of the Borrower, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the Energy Commission or the State of California.
D. Assignment. Without the written consent of the Energy Commission, this Agreement is not assignable or transferable by the Borrower either in whole or in part. The Energy Commission may assign its rights under this Agreement for security purposes, and in such event the assignee of this Loan Agreement, including the bond trustee of any bonds which may be secured by repayment of this Loan, shall be entitled to enforce the provisions hereof and shall be a third party beneficiary of this Agreement.
E. Time of the Essence. Time is of the essence in this Agreement. Borrower is required to take timely actions which, taken collectively, move to completion of the purpose for which this Loan was awarded. The Commission Project Manager will periodically evaluate the progress toward completion. If the Commission Project Manager determines that the Borrower is not progressing toward completion within one (1) year after the effective date of this Agreement, the Commission Project Manager may, without penalty or prejudice to any of the Energy Commission’s other remedies, terminate this Agreement.
F. Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
G. Severability. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 8 of 9 City of Arvin
H. Governing Law and Venue. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Venue shall be in Sacramento County.
I. Non-discrimination. During the performance of this Agreement, the Borrower and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and family care leave. The Borrower and its contractors and subcontractors shall insure the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Borrower and its contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this agreement by reference and made a part hereof as if set forth in full. The Borrower and its contractors and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Borrower and its contractors shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
J. Incorporation of Energy Conservation Assistance Act. The Energy Conservation Assistance Act, together with any applicable rules, regulations or procedures authorized by such statute, is incorporated by reference in this Agreement.
K. Borrower Authorization. The Borrower certifies it has full power and authority to enter into this Agreement, and this Agreement has been duly authorized, executed and delivered by the Borrower. The Borrower acknowledges the resolution of its governing body or other official action authorizing it to enter into this Agreement. The Borrower also authorizes such further acts as are necessary, including execution of the Promissory Note, to implement and further the intent of this Agreement.
L. Prevailing Wage. The Borrower shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code relating to the payment of prevailing wage for work performed on the Project financed in whole or in part with the proceeds of the Loan.
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 9 of 9 City of Arvin
M. Funding Eligibility. By signing this Agreement, Borrower certifies it is eligible to receive state funding under all applicable laws, including but not limited to Chapter 2.8 “Project Labor Agreements”, of Part 1, of Division 2 of the Public Contract Code.
14. NOTICE
Any notice required to be given to the Energy Commission hereunder shall be sent to the person and address listed under Legal Notices in Exhibit C, Contacts, or at such other address as the Energy Commission may designate in writing to the Borrower. Any notice required to be given to the Borrower hereunder shall be sent to the address shown for Borrower in this Agreement, or at such other address as the Borrower shall designate in writing to the Energy Commission. Notice to either party may be given using the following delivery methods: U.S. mail, overnight mail, or personal delivery, providing evidence of receipt, to the respective parties identified in this Agreement. Delivery by fax or e-mail is not considered notice for the purposes of this Agreement. Notice shall be effective when received, unless a legal holiday for the State commences on the date of the attempted delivery in which case the effective date shall be postponed 24 hours, or whenever the next business day occurs.
15. EXECUTIVE ORDER N-6-22 - RUSSIAN SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Borrower is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Borrower advance written notice of such termination, allowing Borrower at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
Borrower shall flow-down this term to all subcontracts funded in whole or in part by this Agreement.
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Budget Detail Exhibit A, Attachment 1 Loan agreement 008-23-ECI Rev November 13, 2019 Page 1 of 1 City of Arvin
EXHIBIT A
ATTACHMENT 1
BUDGET DETAIL/PROJECT COST AND SAVINGS
This loan is made to the City of Arvin (Borrower) for an energy savings project. The project consists of the energy generation measures listed in Table 1 below to be installed at one site in Arvin, CA in Kern County.
The table below summarizes the estimated project cost(s), saving(s), and simple payback(s) for the project.
TABLE 1: Summary of Project Cost and Savings:
Energy Efficiency Measures Estimated
Total
Project Cost
Energy
Commission
Loan
Estimated
Annual
Energy
Cost
Savings
Simple
Payback*
(Years)
Wastewater Treatment Plant:
Install 997.2 kW-DC ground
mounted solar PV system
$3,900,000 $3,000,000 $233,091 12.9
Wastewater Treatment Plant:
PG&E Utility Side Service
Upgrade
$385,714 $0 $0 N/A
TOTALS: $4,285,714 $3,000,000 $233,091 12.9
*The simple payback is based on the loan amount.
The Borrower shall implement each measure listed in Table 1.
If the Borrower does not complete one or more of the measures or deviates from the quantities and specifications listed in Table 1, the California Energy Commission (CEC) project manager will calculate the maximum loan amount supported by the project. The loan amount will be determined by the lesser of: 1) multiplying the annual energy cost savings by 17; 2) total project costs; or 3) approved loan amount.
The Borrower shall notify the CEC project manager in writing if the Borrower expects any information in Table 1 to change. CEC staff will advise the Borrower of the procedure to approve any changes. Written documentation is required for any changes to the information included in this attachment.
If the Borrower has received disbursements exceeding the maximum loan amount supported by the project, the Borrower shall refund the difference to the CEC within 30 days of notification.
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Promissory Note Exhibit B 008-23-ECI
Rev. January 24, 2017 GKLFEB 1 of 3 City of Arvin
EXHIBIT B
PROMISSORY NOTE
LOAN NUMBER: 008-23-ECI
PRINCIPAL AMOUNT: $3,000,000
INTEREST RATE: 1%
1. For value received, the undersigned, (hereinafter referred to as the “Borrower”), promises to pay to the order of the State of California, Energy Resources Conservation and Development Commission (hereinafter referred to as the “Energy Commission”), at its principal place of business at 715 P Street, Sacramento, California 95814, or at such other place as the Energy Commission may designate the principal sum of three million dollars ($3,000,000) or such lesser amount as shall equal the aggregate amount disbursed to the Borrower by the Energy Commission pursuant to the above-referenced Energy Conservation Assistance Act Loan Agreement (the “Loan Agreement”) between the Borrower and the Energy Commission, together with interest thereon at the rate of 1% percent per annum on the unpaid principal, computed from the date of each disbursement to the Borrower. Principal, together with interest thereon, is due and payable in semiannual installments as specified in the Estimated Amortization Schedule, attached hereto as Exhibit B, Attachment 1 and as amended in the Final Amortization Schedule, beginning on or before December 22 of the fiscal year following the year in which the Project is completed and continuing thereafter on each June 22 and December 22 until said principal and interest shall be paid in full. The Final Amortization Schedule, and any amended Final Amortization Schedule(s), are not attached but are expressly incorporated by reference herein.
2. Payments received will be first applied to billed interest, if any, and the balance, if any, to principal. If all principal is repaid, the balance is applied to accrued interest.
3. Payment of any scheduled installment received within thirty (30) days of the due date shall be considered to have been received on the due date. Interest on the principal portion of the payment accrues through the due date.
4. Payment of any scheduled installment received more than thirty (30) days after the due date shall be considered late. Interest on the principal portion of the payment accrues through the actual date payment is received.
5. The Borrower may prepay this Promissory Note in full or in part, without penalty.
6. In accordance with Section 25415 of the Energy Conservation Assistance Act, the Borrower covenants to take such action as may be necessary to include all payments due hereunder in its annual budget and to make the necessary annual appropriations for all such payments. The obligation of the Borrower to make
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Promissory Note Exhibit B 008-23-ECI
Rev. January 24, 2017 GKLFEB 2 of 3 City of Arvin
such payments shall be limited to the savings realized by the Borrower as a result of implementing the Project funded by the Loan.
7. If any installment is not paid within thirty (30) days after its due date, the Energy Commission, at its option, may require the Borrower to pay a late charge equal to five percent (5%) of the amount of the installment or Five Dollars ($5.00), whichever is greater.
8. On the occurrence of any event of default, the Energy Commission, at its sole election and without limiting any of its other legal rights or remedies, may, to the extent permitted by law, declare all or any portion of the principal and accrued interest on this Promissory Note to be immediately due and payable and may proceed at once without further notice to enforce this Promissory Note according to law.
9. Each of the following occurrences shall constitute an event of default:
A. Failure of the Borrower to repay any principal or interest when due under the terms of this Promissory Note;
B. Termination of the Loan Agreement pursuant to the terms thereof or breach by the Borrower of any terms of said Loan Agreement; C. Failure of the Borrower to undertake in a timely way the express and implied activities for which said Loan Agreement has been executed; D. Failure of the Borrower to obtain prior written Energy Commission approval before undertaking a change in the scope of the activities for which said Loan Agreement has been executed; or
E. Occurrence of: (1) the Borrower becoming insolvent or bankrupt or being unable or admitting in writing its inability to pay its debts as they mature or making a general assignment for the benefit of or entering into any composition or arrangement with creditors; (2) proceedings for the appointment of a receiver, trustee, or liquidator of the assets of the Borrower or a substantial part thereof, being authorized or instituted by or against the Borrower; or (3) proceedings under any bankruptcy, reorganization, readjustment of debt, insolvency, dissolution, liquidation or other similar law, or any jurisdiction being authorized or instituted against the Borrower.
10. No delay or failure of the Energy Commission in the exercise of any right or remedy hereunder or under any other agreement which secures or is related hereto shall affect any such right or remedy, and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof, and no action taken or omitted by the Energy Commission shall be deemed a waiver of any such right or remedy.
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Promissory Note Exhibit B 008-23-ECI
Rev. January 24, 2017 GKLFEB 3 of 3 City of Arvin
11. Any notice to the Borrower provided for in this Promissory Note shall be given by mailing such notice by certified mail, return receipt requested, addressed to the Borrower at the address stated in the Loan Agreement, or to such other address as the Borrower may designate by notice to the Energy Commission. Any notice to the Energy Commission shall be given by mailing such notice by certified mail, return receipt requested, to the Energy Commission at the address stated in the Loan Agreement, or at such other address as may have been designated by notice to the Borrower.
12. If suit is brought to collect any part of this Promissory Note, the Energy Commission shall be entitled to collect all reasonable costs and expenses of said suit and any appeal therefrom, including reasonable attorney’s fees.
13. This Promissory Note shall be binding upon the Borrower and its permitted successors and assigns and upon the Energy Commission and its permitted successors and assigns. Without the written consent of the Energy Commission, this Promissory Note is not assignable or transferable by the Borrower either in whole or in part. The Energy Commission may assign its rights under this Promissory Note for security purposes, and in such event the assignee of this Promissory Note, including the bond trustee of any bonds which may be secured by repayments of this Promissory Note, shall be entitled to enforce the provisions hereof and shall be a third party beneficiary of this Promissory Note.
14. This Promissory Note shall be construed and enforced in accordance with the laws of the State of California.
City of Arvin
BORROWER
PRINTED NAME OF AUTHORIZED
REPRESENTATIVE
AUTHORIZED SIGNATURE
TITLE
DATE
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Unscheduled
Interest Amount
Payment 25 12/22/2038 $2,296.01 $115,922.92 $2,296.01 $113,626.91 $344,319.56 $112,495.97 $571,022.11
Payment 24 6/22/2038 $2,847.29 $115,922.92 $2,847.29 $113,075.63 $457,946.48 Payment 23 12/22/2037 $3,426.95 $115,922.92 $3,426.95
$111,376.24 $795,474.52
Payment 22 6/22/2037 $3,966.48 $115,922.92 $3,966.48 $111,956.44 $683,518.08 Payment 21 12/22/2036 $4,546.68 $115,922.92 $4,546.68
$110,267.77 $1,017,671.39
Payment 20 6/22/2036 $5,102.30 $115,922.92 $5,102.30 $110,820.62 $906,850.76 Payment 19 12/22/2035 $5,655.15 $115,922.92 $5,655.15
$109,170.17 $1,237,690.58
Payment 18 6/22/2035 $6,171.50 $115,922.92 $6,171.50 $109,751.42 $1,127,939.16 Payment 17 12/22/2034 $6,752.75 $115,922.92 $6,752.75
$108,083.45 $1,455,525.98
Payment 16 6/22/2034 $7,257.69 $115,922.92 $7,257.69 $108,665.23 $1,346,860.75 Payment 15 12/22/2033 $7,839.47 $115,922.92 $7,839.47
$107,007.53 $1,671,199.25
Payment 14 6/22/2033 $8,333.10 $115,922.92 $8,333.10 $107,589.82 $1,563,609.43 Payment 13 12/22/2032 $8,915.39 $115,922.92 $8,915.39
$105,942.54 $1,884,680.47
Payment 12 6/22/2032 $9,449.22 $115,922.92 $9,449.22 $106,473.70 $1,778,206.77 Payment 11 12/22/2031 $9,980.38 $115,922.92 $9,980.38
$104,887.86 $2,096,094.17
Payment 10 6/22/2031 $10,451.76 $115,922.92 $10,451.76 $105,471.16 $1,990,623.01 Payment 9 12/22/2030 $11,035.06 $115,922.92 $11,035.06
$103,843.65 $2,305,409.49
Payment 8 6/22/2030 $11,495.47 $115,922.92 $11,495.47 $104,427.45 $2,200,982.03 Payment 7 12/22/2029 $12,079.27 $115,922.92 $12,079.27
$102,809.81 $2,512,647.24
Payment 6 6/22/2029 $12,528.82 $115,922.92 $12,528.82 $103,394.10 $2,409,253.14 Payment 5 12/22/2028 $13,113.11 $115,922.92 $13,113.11
$101,786.59 $2,717,753.97
Payment 4 6/22/2028 $13,626.00 $115,922.92 $13,626.00 $102,296.92 $2,615,457.05 Payment 3 12/22/2027 $14,136.33 $115,922.92 $14,136.33
$79,101.00 $2,920,899.00
Payment 2 6/22/2027 $14,564.48 $115,922.92 $14,564.48 $101,358.44 $2,819,540.56 Payment 1 12/22/2026 $36,821.92 $115,922.92 $36,821.92
Principal Payment Principal Balance
Disbursement 1 9/30/2025 $0.00 ($3,000,000.00) $0.00 ($3,000,000.00) $3,000,000.00 Trans #
Payment
Date Accrued Interest Payment Amount Interest Payment
Interest Rate: 1.00% Annual Energy Savings: $233,091.00 Transaction Date
Payment
Number
e
Num
Receipt
Number
Disbursement
Amount
Billing Invoice
Interest Amount
Repay Principal
Amount
Repay Interest
Amount
Unscheduled
Principal Amount
Recipient: City of Arvin Estimated Disbursement Date: 9/30/2025 Loan Amount: $3,000,000.00 Estimated Project Completion Date: 9/30/2025 State of California
Energy Resources Conservation
and Development Commission
715 P Street
Sacramento, California 95814-5512
ATTACHMENT 1 - ESTIMATED AMORTIZATION SCHEDULE
Loan Number: 008-23-ECI Number of Payments: 28
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, State of California
Energy Resources Conservation
and Development Commission
715 P Street
Sacramento, California 95814-5512
$114,769.20 $115,344.32
Payment 28 6/22/2040 $578.30 $115,922.63 $578.30 $115,344.33 $0.00 Payment 27 12/22/2039 $1,153.72 $115,922.92 $1,153.72
Payment 26 6/22/2039 $1,716.88 $115,922.92 $1,716.88 $114,206.04 $230,113.52
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Exhibit C
Contacts
Contacts Exhibit C 008-23-ECI
Rev. September 25, 2020 Page 1 of 1 City of Arvin
California Energy Commission Recipient
Commission Agreement Manager:
Sean Lockwood
California Energy Commission
715 P Street
Sacramento, CA 95814
Phone: (916) 891-9074
Fax:
e-mail: [email protected]
LEA/Applicant Project Manager:
Name: Jeff Jones
City Manager, City Finance Direct and
Direct of Public Works
Address: 200 Campus Drive
Arvin, CA 93203
Phone: 661-854-3134
e-mail: [email protected]
Energy Commission Loan Officer:
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street
Sacramento, CA 95814
LEA/Applicant Accounting Officer:
Name: Jeff Jones
City Manager, City Finance Direct and
Direct of Public Works
Address: 200 Campus Drive
Arvin, CA 93203
Phone: 661-854-3134
e-mail: [email protected]
Invoices, Progress Reports and
Non-Confidential Deliverables to:
California Energy Commission
Accounting Officer
Email PDF invoices and reports to
[email protected]
LEA/Applicant Accounting Officer:
Name: Jeff Jones
City Manager, City Finance Direct and
Direct of Public Works
Address: 200 Campus Drive
Arvin, CA 93203
Phone: 661-854-3134
e-mail: [email protected]
Legal Notices:
Loans Manager
715 P Street
Sacramento, CA 95814
Phone: (916) 237-2515
e-mail:
[email protected]
LEA/Contractor:
Name: Mirna Romero
Address: Veolia North America
100 Montgomery St., Suite 600
San Francisco, CA 94104
Phone: 916 712 6665
e-mail: [email protected]
7.A.4
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West,
CONFIDENTIAL & PROPRIETARY
Year Annual ECAA Loan
Payment O&M & PeGu
Maintenance Savings &
Avoided Capital
Expenditure
Grants, Rebates &
Incentives
Projected Utilty Cost
Reduction Annual Cost Savings Cumulative Cost
Savings
0 $ - $ - $ 380,000 $ - $ 233,091 $ 613,091 $ 613,091
1 $ 247,244 $ 24,975 $ - $ 1,285,714 $ 247,076 $ 1,260,571 $ 1,873,662 2 $ 247,244 $ 25,724 $ - $ - $ 261,901 $ (11,068) $ 1,862,595 3 $ 247,244 $ 26,496 $ - $ - $ 277,615 $ 3,875 $ 1,866,469 4 $ 247,244 $ 27,291 $ - $ - $ 294,272 $ 19,737 $ 1,886,206 5 $ 247,244 $ 28,110 $ - $ - $ 311,928 $ 36,574 $ 1,922,780 6 $ 247,244 $ 28,953 $ - $ - $ 330,644 $ 54,447 $ 1,977,227 7 $ 247,244 $ 29,821 $ - $ - $ 350,483 $ 73,417 $ 2,050,644 8 $ 247,244 $ 30,716 $ - $ - $ 371,512 $ 93,551 $ 2,144,195 9 $ 247,244 $ 31,638 $ - $ - $ 393,802 $ 114,920 $ 2,259,115 10 $ 247,244 $ 32,587 $ - $ - $ 417,430 $ 137,599 $ 2,396,715 11 $ 247,244 $ 33,564 $ - $ - $ 442,476 $ 161,668 $ 2,558,382 12 $ 247,244 $ 34,571 $ - $ - $ 469,025 $ 187,209 $ 2,745,591 13 $ 247,244 $ 35,608 $ - $ - $ 497,166 $ 214,314 $ 2,959,905 14 $ - $ 36,677 $ - $ - $ 526,996 $ 490,320 $ 3,450,225 15 $ - $ 37,777 $ - $ - $ 558,616 $ 520,839 $ 3,971,064 16 $ - $ 38,910 $ - $ - $ 592,133 $ 553,223 $ 4,524,287 17 $ - $ 40,078 $ - $ - $ 627,661 $ 587,584 $ 5,111,870 18 $ - $ 41,280 $ - $ - $ 665,321 $ 624,041 $ 5,735,911 19 $ - $ 42,518 $ - $ - $ 705,240 $ 662,722 $ 6,398,633 20 $ - $ 214,164 $ - $ - $ 747,554 $ 533,391 $ 6,932,023 21 $ - $ 45,108 $ - $ - $ 792,408 $ 747,300 $ 7,679,324 22 $ - $ 46,461 $ - $ - $ 839,952 $ 793,491 $ 8,472,815 23 $ - $ 47,855 $ - $ - $ 890,349 $ 842,495 $ 9,315,309 24 $ - $ 49,290 $ - $ - $ 943,770 $ 894,480 $ 10,209,789 25 $ - $ 50,769 $ - $ - $ 1,000,396 $ 949,627 $ 11,159,417 26 $ - $ 52,292 $ - $ - $ 1,060,420 $ 1,008,128 $ 12,167,545 27 $ - $ 53,861 $ - $ - $ 1,124,045 $ 1,070,185 $ 13,237,729 28 $ - $ 55,477 $ - $ - $ 1,191,488 $ 1,136,011 $ 14,373,741 29 $ - $ 57,141 $ - $ - $ 1,262,977 $ 1,205,836 $ 15,579,577 30 $ - $ 58,855 $ - $ - $ 1,338,756 $ 1,279,901 $ 16,859,478 Totals $ 3,214,178 $ 1,358,566 $ 380,000 $ 1,285,714 $ 19,766,508 $ 16,859,478 $ 16,859,478 Return on Investment 393.39%
Notes:
01.)Veolia Sustainable Buildings USA West, Inc. is not a Municipal Financial Advisor and this tool is used to confirm if the proposed project is "Budget Neutral" or better in compliance with CA Government Code 4217.
02.) Project has been sized to take advantage of the Federal Investment Tax Credit (ITC) to be paid to the City of Arvin directly through Inflation Reduction Act granting these tax credits as a cash payment to municipalities.
03.) Project savings are based upon securing the Net Energy Metering v2.0 program.
04.) Financing to be secured through the Califorina Energy Commission (CEC) Energy Conservation Assitance Act (ECAA) (1% Interest) Loan Program
05.) CEC ECAA Loan Program will require City of Arvin to make progress payments during construction and submitt copy of invoice and check for reimbursement monthly.
06.) Veolia will finance the project balance remaining after CEC ECAA Loan until the cash Federal ITC Cash Payment is received. Not to exceed one year.
07.) Scope of work includes relocation of the Centrate Line
08.) Scope of work includes all electrical switchgear upgrades from 800 amps main service to 2000 amp main service on the customer side of the meter. Utility side upgrades to be funded by owner controlled contingency.
09.) Scope of work does not include tax consulting services that may be required to secure the Federal Investment Tax Credit (ITC) Direct Payment Option for Municipalities.
ASSUMPTIONS & INPUTS
BASE PROJECT COST $ 3,670,561
CITY CONTROLLED CONTINGENCY $ 615,153
TOTAL PROJECT COST $ 4,285,714
ECAA LOAN AMOUNT $ 3,000,000
ECAA FINANCE TERM (YEARS) 13
ECAA INTEREST RATE 1.00%
FINANCED AMOUNT $ -
FINANCE TERM (YEARS) -
INTEREST RATE 0.00%
TEML # YEAR DEFERRAL 0
UTILITY ESCALATION 6.0%
CALCULATED SAVINGS $ 233,091
SOLAR O&M COST $ 24,975
O&M/MAINT ESCALATION 3.0%
TOTAL SGIP $ -
FINANCIAL PRO FORMA
Solar Renewable Energy System Located
7.A.5
Attachment: 4. Solar NEM 2.0 Cash Flow Analysis - City of Arvin - 12092024 (Amend #1 to Master Services