Transit & Clean Mobility Options were identified by residents as high priorities in 2020 and 2022 via transit improvement needs assessment surveys that shaped TCC transit strategies.
In a grassroots effort, Arvin’s Civic Spark fellows boarded Arvin transit buses and surveyed passengers about their transit and mobility needs and helped them record their responses.
The fellows provided hard copies of the surveys in Spanish and English and assisted residents to overcome technology barriers or language barriers.
Transit & Affordable Housing were identified as high priorities in 2018 and 2017/18 (Housing Element), respectively, and most recently the MPO REAP 2.0 and TCC outreach that has been continuing through July 2023. The September 28, 2022, Kern Council of Governments public workshop featured the Arvin project and took public questions and comments. Additional workshops were held on October 5th, 12th, and 25th. The Kern Council of Governments conducted a public survey October 25th to November 18th, 2022, in Spanish and English, that received 230 responses (of which 62% were Hispanic). The majority, 111 respondents (80%), prioritized housing generally, in disadvantaged communities (48%, and infill housing near jobs, transit, and services (30%). Funding for clean transit and active transportation was prioritized by 101 respondents (43%), active transportation infrastructure investments (20%), increased transit services (20%), and improved services to increase ridership (20%). Another 10% (24) provided other written suggestions. Survey responses identified affordable housing adjacent to jobs, walkability, and transit options as a high priority adaptation.
Arvin TCC Green Stakeholder Collaborative: Arvin has continued to conduct outreach and community engagement (up and after 8/1/23). The Arvin TCC stakeholder collaborative met 4/25/23, 6/13/23, and 7/19/23 to finalize and adopt the vision and strategies. The Arvin TCC stakeholder collaborative will meet throughout the grant period. The first year of the grant the TCC collaborative stakeholders, partners, and residents will meet monthly to continue to provide input, ensure that projects meet community needs, and are progressing and completed on time and on budget.
12. How will the proposal help:
a. Reduce risk and improve resilience for climate-vulnerable populations; Arvin’s Urban Greening Project incorporates planting 220 trees to absorb GHGs and provide shade along the walking path. This reduces the risk for heat island effect, temperature increases, and improves the resiliency of the project area. b. Increase the resilience and functionality of proposed infrastructure projects; and The affordable housing project increases the resilience and functionality of the area by placemaking housing infrastructure close to services, active transportation options including walking and biking, and zero-emissions transit.
The project plans for solar and EV charging at the housing project site which is both functional and resilient in that it proactively plans for the anticipated transition to electric vehicles while also reducing the dependence on electric by providing a renewable solar PV system.
c. Increase the overall resilience of the Project Area. The project reduces GHGs and thereby improves the overall resilience of the project area. GHG reduction 55 5.D.4
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strategies include walking paths, bikeways, and housing near retail services and education that makes for an efficient walkable / bikeable area where services, education and retail are accessible without the need for ICE vehicles. The future residents and beneficiaries of the “Keeping it Green on the San Joaquin” will rely on active transportation, zero emission transit, electric vehicles, and clean mobility options.
13. Identify the existing local, regional, or state climate adaptation plans, vulnerability assessments, or other climate resilience and adaptation frameworks and programs relevant to the TCC Project Area. Describe how the TCC proposal will support any ongoing adaptation planning and implementation efforts. In the description, reference relevant sections and upload any supporting documentation to the Climate Action and Resilience Plan folder. (200 words)
Existing Climate Adaptation plans include the Arvin Climate Action Plan (2021), the Kern County 2020 Multijurisdictional Hazard Mitigation Plan, and the 2021 California Climate Adaptation Strategy. The California Governor’s Office of Planning and Research Climate Resilience Planning Resources. Resilient California offers planning and technical assistance, guides, case studies and resources, including those specific to Kern County.
Arvin TCC Project Area Adaptation Planning & Implementation Support: The City of Arvin has or will shortly achieve its 2021 Arvin Climate Action Plan goals. The Arvin TCC Green Stakeholder Structure will work with city planners, AB617, CBOs, EJ groups and other stakeholders to support ongoing adaptation goal setting, planning and implementation efforts (relevant documents included in the Climate Action and Resilience Plan folder.) The Arvin TCC Stakeholder Structure collaborative will ensure the on-time and on-budget implementation and completion of the proposed TCC projects, monitor actual VMT and GHG reductions, and identify additional opportunities to improve air quality, PM2.5, active transportation, ZEV transit, public health, personal health, educational and economic opportunities. Community TCC stakeholder structure members are or will become well informed regarding climate change challenges and adaptive responses are likely to be motivated to support ongoing city planning and implementation efforts.
Ready for Transformation
14. Describe the public health, environmental, and economic challenges and opportunities facing the Project Area, and why your Project Area is ready for transformation, including the particular mix of the community resources and assets, physical infrastructure, local planning processes undertaken, local characteristics, and other factors that will make the TCC Proposal successful. (500 words)
CHALLENGES
The City of Arvin has 4,444 households with an average annual median household income of $42,961 (2017-2021). Nearly one-third of Arvin residents, 27.9% of persons, live in poverty (U.S. Census Bureau 2023) and rates of asthma and diabetes are high (KCPHSD 56 5.D.4
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2019; CDPH, 2016; CDPH, 2019). Arvin’s RHNA number indicates a significant need for low-income housing, although none has been built for the past 9 years.
CalEnviroScreen 4.0 indicates all City of Arvin census tracts average in the 90th percentile for ozone exposure, high poverty, limited education, and linguistic isolation. As a rural community, Arvin ranks in the state's 98th and 99th percentiles of exposure to toxic pesticides and face additional burdens of PM2.5 exposure. The California Air Resources Board has determined that Arvin desperately needs state intervention to mitigate air quality concerns. CARB’s Community Air Protection Program (CAPP), also known as AB617, ensures state agencies, local air districts, and community groups come together to reduce exposure to air pollutants in communities most impacted.
Arvin’s AB617 designation, CalEnviroScreen data, and resident concerns illustrate how long-term disinvestment and harsh environmental conditions have negatively affected the community.
DOT’s mapping tool indicates that Census Tract 63.01, 63.02, and 63.03 are all historically/ transportation/ economically/ equity and environmentally disadvantaged areas. Arvin’s transformative TCC projects benefit residents by expanding educational and economic opportunities, encouraging active transportation, replacing ICE with ZEV transportation and resulting in positive environmental benefits.
OPPORTUNITIES
BC Arvin Campus. The Kern Community College District’s Bakersfield College (BC) Arvin campus is under construction and expect to open Fall 2024. The BC Arvin campus will provide career training, workforce development and education that will support and foster career development, entrepreneurship, and economic development.
New Retail. The City of Arvin has signed a retail development agreement and several economic development opportunities in development that will provide direct benefits to and for the residents of the Arvin project area.
Affordable Housing. In the past year, Arvin rezoned the project area from commercial overlay to R-3, allowing for density bonuses, and encouraging affordable infill housing. Arvin also implemented a CEQA ministerial approval process that streamlines CEQA lot evaluation and pre-approval. The proposed TCC housing project and several adjacent vacant lots are eligible for this streamlined CEQA process. The proposed affordable housing project has submitted CEQA filings to Kern County and a Notice of Determination has been accepted. Arvin has also approved an impact fee reduction for 50% low-income multi-family housing. Arvin’s pro-housing policies will be the catalyst for further affordable housing development on adjacent infill lots.
ARVIN IS PREPARED & READY for a TCC Transformation!
Arvin’s pro-housing policies, increased housing density and zoning changes, impact fee reductions, participation in and support of the community AB617 adaptation work, transit electrification, installation of EV transportation charging infrastructure, attracting and 57 5.D.4
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partnering with the Kern CCD to open a community college campus, and its retail and business economic expansion illustrates that Arvin is primed and ready for transformation.
15. Describe the past and current investments in the Project Area (those not counted towards the 50% Leverage Threshold) that make the area ready for transformation. (200 words) Urban Forestry. Arvin has planted 310 trees within the TCC project area.
Transit. Arvin has improved transit facilities and constructed a Highway 223 park-and-ride facility. In 2018, the City began its transition to electric buses, and already has 50% of its electric bus fleet in place, with plans to be 90% electric by 2024.
Transportation. Arvin is currently installing Level 2 chargers and a DC Fast charger and has installed 10 public level 2 charging stations behind the Veteran’s Hall.
CARB AB617. Arvin AB 617 projects include air quality monitoring; road, pedestrian walkways, and bikeways improvements; e-bike outreach, urban greening and tree planting; reducing exposure to pesticides, addressing idle oil well emissions, and gas vehicle / equipment replacement rebates and vouchers for personal EVs, and electric tractors, nut harvesters, lawn and garden equipment (commercial and residential), school buses, heavy duty trucks, and public fleet vehicles.
Retail. Arvin and Arvin Walnut Properties have an agreement to develop retail at 4th & Walnut that includes a grocery store, a credit union, Starbucks, and fast food. The retail center, valued at $17.4M, will create ~100+ new jobs, and is located within 0.25 mile of the affordable housing project.
16. Describe how the TCC Proposal is consistent with the Project Area’s local jurisdictions, land use designations, building intensity, density, applicable goals, policies, and programs. (200 words)
The Arvin Planning Division has cooperated with the TCC project partners to identify transformative projects consistent with the General Plan, Climate Action Plan, Housing Element, land use designations, building density, rezoning, and zoning City standards. The City commits to continue working collaboratively with the project team to ensure the projects conform to city standards, policies, and plans.
The Chavez Foundation Affordable Housing Project is an infill, 50-unit Affordable Housing Apartment Development on approximately 2.5 acres on 4th Street (APN 190-260-02-00-8) between Campus Drive and Walnut Street in Arvin, California. The project follows the land use designation Medium Density Residential and is zoned R-3 Limited Family Dwelling. The project complies with the minimum and maximum units, design criteria, and development criteria as established by Title 17, Zoning. The project is in compliance with the City of General Plan goals, policies, and implementation programs permitting 16 to 24 units per gross acre. The project proposes 50 total units of affordable units, 20% one-bedroom units, 25% three-bedroom units, and 55% two-bedroom units; the project will meet the State of California’s energy codes, include energy-efficient appliances, charging stations, and solar carports, with room for expansion of the EV Charging stations. 58 5.D.4
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Capacity
Instructions: The Lead Applicant has primary responsibility for the management and implementation of the overall TCC Proposal, which includes all grant-funded Projects, leveragefunded Projects, and Transformative Plans. Co-Applicants who are identified as Lead Entities are responsible for leading the implementation of specific Projects under the guidance of the Lead Applicant. The answers in this section of the Application should be consistent with the proposed Collaborative Stakeholder Structure and decision-making processes outlined in the TCC Proposal’s Partnership Agreement. The Collaborative Stakeholder Structure and Partnership Agreement must meet the requirements outlined in Section 6. Eligibility of the Round 5 TCC Program Guidelines. Although the following three sections are interrelated, please avoid providing duplicative information about the Lead Applicant and Co-Applicants in each question.
Collaborative Stakeholder Structure
17. Describe the process used to develop the Collaborative Stakeholder Structure. Include a description of all of the following elements: (500 words) a. How members were selected;
b. How members are composed of a diverse representation of Project Area residents and key stakeholders (provide a justification if no residents or community-nominated members are included);
c. The roles and responsibilities of members;
d. Proposed governance structure; and
e. Proposed decision-making process.
ARVIN TCC STAKEHOLDER STRUCTURE CHART INCLUDED
a. The Arvin TCC Green Stakeholder Collaborative is a combination of community stakeholders and TCC project co-applicants, as described by the included MOU. The committee consists of 10 members, five are Arvin stakeholders and residents, and five are TCC project partners, with the option to add additional members. The community seats will be individuals that are Arvin residents, business owners, or are representatives of community and youth groups that are nominated and selected by Arvin stakeholders.
Arvin community members (those who live, work, or own a business in the City of Arvin) may serve on the Arvin TCC Green Stakeholder Collaborative. Community members may be self-nominated, or nominated by other Arvin community members. Community members will serve a one year term. If there are more community members interested in serving on the collaborative than there are available seats, Arvin community members will cast a vote with individuals receiving the most votes allowed to be a voting collaborative member.
b. Members will be representative of the City of Arvin’s diverse project area residents. In addition, community-based organizations serving and/or representing project area residents will also be able to serve as a community member. c. Collaborative stakeholder members’ roles and responsibilities are stated in the MOU Attachment E: Community Partners responsibilities and governs applicant, co59
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applicants, steering committee and community members. Stakeholder members are expected to assign experienced staff to the project, network with other community partners, funds, and strategic partners, support the general administration of the project, provide timely project progress and fiscal reports, attend all stakeholder meetings, and provide timely project cost, invoice, and supporting documentation as required by the CA SGC.
d. The TCC partners (City and co-applicants) will each designate one primary and one alternate to represent their organization on the Collaborative. The City, KCCD, and elected Arvin Stakeholder will serve as co-chairs. The Arvin community stakeholder cochair seat will rotate to a different elected member each year. e. The Arvin TCC Green Stakeholder Collaborative is the decision-making body of the Arvin TCC Project. Arvin Green will make consensus-based decisions. If a consensus cannot be reached, a vote will be called with each member seat / organization having one vote.
18. Describe the Lead Applicant’s and Co-Applicants’ experience working in TCC related fields.
List each Applicant and Co-Applicant, indicate their associated Project or Transformative Plan, and describe each one’s: (100 words for the Lead Applicant and each CoApplicant) a. Work history;
b. Sustained community engagement around climate change; and/or c.Experience working with one or more of the following areas: disadvantaged communities, housing and community development, economic development, environmental, and public health issues.
Name of Applicant/CoApplicantTCC Project or
Plan
Experience in TCC-related fields (see
above for full list)
City of Arvin Work history
CEP
Climate Change
Urban Greening
a) 63 years, b) 7 years CE re CC, c) Rural
DAC (35 yrs), and 7 yrs H&CD, EconDev
Environmental, and Public Health
Work History: Arvin is a California Climate
Initiatives leader, implementing urban
greening, EV infrastructure, and ZEV transit
projects and will install a microgrid next (7+
years)
Community Engagement: Arvin routinely
engages its community, via direct outreach,
physical and online postings, and crossposts with local groups in Spanish and English.
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Experience: Arvin, a rural DAC, has
engaged in community and economic
development (35+ years) with a specific
focus on the proposed projects for the past
4 years.
City of Arvin: Transit
Dept.
Work history
Transit
a) 35 years, b) 7 years fleet electrification
and installed 4 EV charging stations, c) 35
years
Work History: The Arvin Transit Dept.
(ATD), formed in 1988, providing fixed route
and Dial-A-Ride services. For the past 7
years, Arvin Transit has been working to
implement its fleet electrification plan and
have installed 4 EV charging stations.
Community Engagement: The ATD
surveyed rural DAC riders, replaced ICE
with ZEV transit buses, an adaptive climate
change response (7 years).
Experience: The ATD works in a rural DAC
addressing environmental and public health
issues since its formation (35 years).
Kern CCD
Bakersfield College
Work history
CEP
Climate Change
Disadv Communities
Workforce Education
a) 100+ years, b) 10 years CE re CC, c) 25
years DAC, 50+ years EconDev
Work History: KCCD is fiscal agent for its
three colleges (54+ years) and meets the
educational / workforce needs of residents
across its 24,800 square mile service area.
Community Engagement: KCCD’s staff
engage disadvantaged communities (25+
years) regarding climate change, climate
resilience, and related workforce impacts
(10+ years).
Experience: KCCD has focused on climate
change and workforce impacts (10 years).
KCCD prepared a net-zero economy
workforce development plan, launched the
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California Renewable Energy Laboratory
(CREL), and hosted climate resilience and
adaptation webinars.
Cesar Chavez
Foundation
Work history
Affordable Housing
a) 48+ years, HCD Affordable Housing 48+
years, b) 18 years, c) 48+ years
Work History: The Cesar Chavez
Foundation builds and manages efficient,
high-quality, service-enhanced, affordable
housing for working families and seniors
(48+ years).
Community Engagement: CCF actively
engages the community for input on
community needs and desires. Project’s
give an opportunity for local’s comments
and wish to be proposed and incorporated
into the community.
Experience: We have built or renovated
over 5,000 affordable multi-family units at
more than 39 communities across 4 states.
Our projects are designed and constructed
with high efficiency lighting, drip irrigation,
and included amenities such as tot lots,
community centers, and Si Se Puede
learning centers.
Dolores Huerta
Foundation
Work history
CEP
Climate Change
Disadv Communities
a) 20 years, b) 20 years CE, 15 yrs CE in
CC, c) 20 years
Work History: DHF was founded in 2003
by Dolores Huerta and Camila Chavez.
Over the last 19 years DHF’s grassroots
chapters, Vecinos Unidos® (Neighbors
United), have been instrumental in building
community power to advance educational
equity and increase civic empowerment.
Community Engagement: DHF joined the
Kern CERF Coalition to convene four
energy transition workshops in impacted
communities throughout Kern County
addressing climate change, community
impacts, climate solutions and technologies,
and climate resilient jobs.
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Experience: DHF serves and works
alongside historically disenfranchised
communities.
GRID Alternatives Work history
Solar PV
Disadv Communities
a) 22 years / 14 yrs in Central Valley, b) 22
years, c) 14 years experience w DACSASH Program, 22 years w DACs Work History: GRID Alternatives is a
nonprofit solar installer established in 2001.
GRID Alternatives Central Valley opened in
2009 and has provided and installed solar
systems on over 3,000 disadvantaged
family homes in the San Joaquin Valley.
Community Engagement: GRID
Alternatives has been engaged with TCC
climate change programming since 2019.
Experience: GRID Alternatives serves
exclusively low-income families that fall
under the 80% average median income for
the county in which they reside.
19. If the proposed Project Area spans multiple jurisdictions, describe how the activities will be coordinated and include sufficient capacity and participation from each involved entity. (200 words)
Not applicable.
Financial
20. Describe the Lead Applicant’s previous experience, financial stability, and capacity to manage program funds from multiple sources and long-term grant implementation. (200 words)
The City of Arvin, lead, and KCCD, fiscal agent, have the previous experience, financial stability and capacity to manage multiple program funding awards and ensure on-time and on-budget grant implementation.
Since 2016, Arvin has implemented and managed 83 grants totaling $65.5M in climate infrastructure, urban greening, forestry, fleet electrification, and EV charging station projects requiring multiple funding sources. The City has spent significant time and effort to build capacity and develop matching funds. Arvin has achieved its climate resilience goals and updated zoning and housing density policies, in furtherance of the state’s climate resilience and pro-housing policies.
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Formed in 1968, KCCD meets area educational needs and is the fiscal agent for Bakersfield, Cerro Coso and Porterville colleges, managing $150M of federal and state grants in 2022-23 and $503M capital construction Measure J Bond funds. KCCD served as fiscal agent on external projects: US DOL TAACCCT grant ($3.4M subaward), California Career Pathways Trust Grant ($9.5M), Kern Community Economic Resilience Fund ($5M), and California Renewable Energy Laboratory ($50M state allocation), involving multiple funding sources with complex grant compliance and reporting.
The Arvin / KCCD partnership is a replicable best practice with statewide significance and impact.
21. Describe the leverage funding sources the Applicant secured to enhance the overall TCC Proposal. Leverage funding sources that count towards the 50% threshold must be spent within the Project Area, secured for the purposes of the TCC Proposal, and expended within the TCC grant timeline. (200 words)
The MPO REAP 2.0 allocation of $5,690,482 includes $529,482 administration, $75,000 CEP; $279,482 fiscal agent services, and $5,086,000 towards the affordable housing project. The City of Arvin’s $400,000 SB1 will be used toward eligible design and construction costs of the 4th Street build-out (other funding will be used for TCC ineligible costs), required for the 4th & Walnut affordable housing project. City of Arvin $1,208,747 FTA 5339(b) funding and $347,596 local match supports the purchase of the 35’ electric transit bus and 2-12 passenger shuttle buses. The $422,931 CA DAC-SASH Revenue supports the Solar PV system installation for low-income Arvin residents. CA Dept of Natural Resources $794,947 grant funding supports the Urban Greening project. California State Apportionment, estimated to be $2,621,731 supports instructional costs of robust workforce and college certificate and degree education at the new KCCD Bakersfield College Arvin Education Center. There are no stand-alone leverage projects. The total leverage that counts toward the 50% threshold is $12,543,102 Management and Organization
22. Describe the following information for the Lead Applicant: (200 words) a. Staff resources (including the estimated Full Time Equivalent (FTE) positions) and any other resources that the Lead Applicant will dedicate to the TCC Proposal’s implementation (note that at least 2 FTE is recommended); and b. How will the Lead Applicant manage and monitor the implementation of elements that span the TCC Proposal, including community engagement activities, displacement avoidance, climate adaptation and resilience activities, and efforts related to workforce and economic development.
(a) TCC funding is requested for Coordinator 1.0 FTE and 1.0 FTE Administrative Analyst for 4.5 years (Grantee Workbook) to support grant administration, management, and reporting in addition to City of Arvin, lead applicant’s, 2.5 FTEs staffing (City Manager (0.1 FTE), Grant Manager & Assistant (1.0 FTE); Planner (0.2 FTE), Engineer (0.2 FTE), Finance: Supervisor (0.05 FTE), AP / AR (0.2 FTE), Civic Spark Housing Accelerator 2 64 5.D.4
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(0.25 FTE), Civic Spark Energy & Environmental Justice Fellow (0.25 FTE), HR & Community Development Resources (0.25 FTE)) and KCCD’s fiscal staff 0.5 FTE).
Co-applicants are dedicating sufficient TCC funded staff: KCCD 1.0 FTE (Program 0.5 FTE & fiscal staff 0.5 FTE) CCF 1.0 FTE (Project Manager 0.5 & Director 0.5), DHF 1.0 FTE (Manager 0.25, Outreach 0.25, & Canvassers 0.5 FTE), and GRID 1.175 FTE program managers and construction tradesmen.
(b) City of Arvin and KCCD, fiscal agent, will manage and monitor community engagement, displacement avoidance, climate adaptation and resilience, and workforce and economic development plans via regular meetings, progress updates, fiscal reporting, and reports to the Arvin TCC Green Stakeholder collaborative.
23. If the public agency is not the lead applicant: describe how the public agency partner(s) will support the implementation of the TCC Proposal (public agency partner may be a Lead or CoApplicant). Describe the public agency staff resources to be devoted to the TCC Proposal implementation and discuss strategies that the public agency will take to advance the TCC Proposal, such as streamlining the permitting process, supporting local policy implementation, or coordinating with key departments. (200 words)
Public Agency Staff Resources
The City of Arvin, the lead applicant, staff resources include the Grants Manager who will serve as project lead., the City Engineer, City Planner, and Consultants. The Community Development Resources Manager will be providing additional project support. The City Manager will provide project oversight. Additional staff for the housing project will include Arvin’s Civic Spark Housing Accelerator and Civic Spark Energy and Environmental Justice fellow. The City has hosted Civic Spark fellows for 5 years and expects to do so throughout the grant term.
Strategies to Advance the TCC Proposal
The City of Arvin’s planning department has advanced numerous policy and permitting strategies in anticipation of the Arvin TCC project. These include permit streamlining, rezoning the proposed project area to R-3 zones with density bonuses, preparing CEQA mitigated negative declarations and ministerial approvals, and reducing impact fees for lowincome higher density housing projects. Arvin applied for HCD’s pro-housing designation.
Arvin Transit Department developed the new bus shelter/ stop and free rides program. City Engineering and consultant engineers collaborated on the active transportation projects and obtained project engineering estimates.
24. Describe how the Lead Applicant and will work with Co-Applicants to: (500 words) a. Collect, verify and process information related to the reimbursement of funds for the grant-funded projects;
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d. React and respond if the Lead or any Co-Applicants leave the Collaborative Stakeholder Structure or disband prior to the end of the grant term.
The Arvin TCC Stakeholder Structure MOU (“MOU”) details the relationship, roles and responsibilities of each party, including the Lead Applicant and all Co-Applicants, and between the parties (see, Arvin TCC Stakeholder Structure MOU included in Folder 1.2).
The Arvin TCC Stakeholder Structure provides that the lead applicant, City of Arvin, and each Co-Applicant shall have equal standing and collective accountability for implementing the grant program requirements.
(a) The MOU states that the Kern Community College District, serving as the Fiscal Agent for the City of Arvin, will collect, verify, and process information related to the reimbursement of funds for grant funded projects. All parties are responsible for the provision of invoices and supporting documentation for reimbursement to the fiscal agent on the basis, schedule, and requirements as determined by the grantor.
The MOU states that the City of Arvin, the Lead, and KCCD, the Fiscal Agent, will meet regularly individually and collectively to address any issues that arise, and to:
(b) manage and verify all funds reimbursement processes, manage and verify the implementation of all projects and transformative plans; (c) report and track TCC program indicators, activity, milestones, and invoicing; and (d) react and respond timely to: (1) any inquiry by CA SGC, or any partner, applicant, or co-applicant; (2) notices of the exit or disbanding of any collaborative stakeholder member / partner prior to the end of the TCC grant term.
The MOU states that the lead applicant and all co-applicants are responsible for:
participating in the CA SGC contractual and post-award process, the timely submittal of annual detailed budgets, budget amendments or modifications for approval, identifying program and a media contact, and adhering CA SGC’s press / publications acknowledgement and approval requirements for the use of social media to share TCC stakeholder and grant progress.
Policy Priorities
Consistency with Existing Local Land Use and Transportation Plans Instructions: All applicants must demonstrate that TCC Proposals are consistent with all relevant land use plans.
25. Describe how the TCC Projects are consistent with relevant land use plans including climate action plans, designations, zoning, building intensity and density requirements, design guidelines, and applicable goals, policies, and programs. (200 words) The Planning Division has cooperated with the project applicant and co-applicants to identify transformative projects consistent with the General Plan, Climate Action Plan, Housing Element, land use designations, building density, rezoning, and zoning City standards. The 66 5.D.4
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City commits to continue working collaboratively with the project team to ensure the projects conform to City standards, policies, and plans. The City of Arvin Planning Division and the Community Development Department supports the proposed implementation grant and looks forward to being part of its team. (See, Arvin Letter of Consistency in Folder 1.7 Program Policies).
26. If the Project Area is unincorporated, discuss how the TCC Proposal is consistent with local growth and conservation planning elements and will not result in unmanaged greenfield or leapfrog development. (200 words)
Not Applicable. The project area is fully within an incorporated municipality.
Access to Basic Infrastructure, Regional Services and Job Centers Instructions: Applicants must demonstrate that the TCC investment will provide long-term benefits to the community and that Project Area residents either have existing access or plans to develop basic infrastructure, regional services, and job centers. Refer to Appendix F of the TCC Guidelines for a list of resources to support applicants in meeting this requirement.
27. Describe how the proposal meets the minimum requirement that residents in the proposed TCC Project Area have existing access or have developed plans and secured support/funding to implement basic environmental infrastructure. (300 words) The Arvin City Manager’s Letter of Confirmation of Access to Basic Infrastructure, Regional Services & Job Centers (located in folder 1.7 Program Policies) states:
a. Describe the current or planned access to community water and wastewater for residents in the TCC Project Area.
The developed neighborhoods within the project area have existing access to basic infrastructure (water supply and wastewater services) with committed long-term operations and maintenance plans.
The vacant lot (APN #19026002), assigned to Cesar Chavez Foundation for the Arvin 4th & Walnut 51-unit affordable housing project, does not currently have water and wastewater services. Basic infrastructure including electricity, water and wastewater services are available within 50-300 feet.
The City of Arvin currently provides access to affordable fixed routes that connects residents to regional services and job centers, including stops in Bakersfield at the Bakersfield Adult School, the Social Security office, Kern Medical Hospital, Downtown Bakersfield, Valley Plaza Mall, Walmart, and the AJCC Job Spot. The City of Arvin does not have access to the CA HSR but does have plans to connect to the downtown AMTRAK train station. b. Describe the current or planned compliance with State Water Board standards.
The Arvin TCC project proposes to connect to this infrastructure as part of the development of the affordable housing project. The ineligible TCC development costs (streets and roads) are being covered by other funds including SB1 as documented by the City of Arvin’s letter of commitment.
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c. Describe the long-term operations and maintenance plans for the current or planned community water and wastewater connections. Provide information on the financing and timeline for the current operations and maintenance.
Long-term operations and maintenance plans are in place for existing developed neighborhoods with existing access to basic infrastructure as well as the new planned infrastructure for the 4th & Walnut affordable housing project. The City of Arvin owns and operates the wastewater treatment plans and the Arvin Community Services Department owns and operates the potable water system.
28. Describe how the proposal meets the minimum requirement that residents in the proposed TCC Project Area have existing access or have developed plans and secured support/funding for transit connectivity to regional service hubs and major job centers through affordable, clean transportation modes or planned projects. (300 words) The Arvin City Manager’s Letter of Confirmation of Access to Basic Infrastructure, Regional Services & Job Centers (located in folder 1.7 Program Policies) states:
a. Describe the current or planned availability of affordable and accessible transit, active transportation, and/or clean vehicle sharing program. Describe whether this is currently available or will be funded through TCC.
The City of Arvin currently provides access to existing affordable fixed routes that connect residents to regional services and job centers. The transit system (fixed route and dial-aride) is currently 50% electric, with plans to achieve 90% electric in 2024 and the goal of being 100% electric by 2025.
The City of Arvin plans to add a new transit stop and bus shelter across from the proposed 51-unit affordable housing development. The City of Arvin Transit Department has plans to add the downtown AMTRAK train station to the fixed Arvin to Bakersfield route by 2025 to expand residents’ access to affordable regional, state and national travel.
In addition, the proposed TCC active transportation, pedestrian walkways and bikeways, will connect existing active transportation through the project area, adjacent to the BC Arvin campus and the affordable housing.
b. Describe the regional service hubs and major job centers that the transit connects residents to.
Existing local Arvin transit routes have regional connectivity from the Arvin Transit Center (<0.25-mile from 4th and Walnut affordable housing project).
The Arvin to Bakersfield route has stops at the Bakersfield Adult School, the Social Security office, Kern Medical Hospital, Downtown Bakersfield, Valley Plaza Mall, Walmart, and the AJCC Job Spot. The Job Spot, operated by Employers’ Training Resource, assists and connects job seekers to employers and offers Bakersfield Adult School and Bakersfield College adult education, job training, upskilling, and credit courses.
The City of Arvin Transit and Regional Transit systems ensure that Arvin residents have access to the labor market in Arvin, a job market of nearly 5700 jobs in 2020 (and projected to increase by 14% to more than 6500 jobs in 2025), and to the greater Bakersfield Area, 68 5.D.4
Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the
the Tejon Industrial Park, and surrounding job market, consisting of over 325,000 jobs in Kern County’s Agricultural, Energy, Business, and Retail industries (data source: Lightcast, 2023).
High-Speed Rail (if applicable)
Instructions: Only Applicants with planned High-Speed Rail (HSR) stations located along “Silicon Valley to Central Valley” corridor need to answer the following questions and upload supporting documentation.
29. Describe how the TCC Project Area includes multi-modal connectivity to the HSR station area. (100 words)
Arvin is not on the California High Speed Rail: Silicon Valley to Central Valley Line corridor.
However, an Arvin Transit stop is planned for the HSR train station in Bakersfield via the regional transit connectivity in Arvin.
30. Describe how the TCC Project Area includes affordable and mixed-income housing connected and accessible to the HSR station area. (100 words) Affordable and mixed-income housing is connected and accessible to the HSR station in Bakersfield via the Arvin Transit facility which will, in the future, connect transit riders to the existing CA HSR: Silicon Valley to Central Valley Line.
Prohousing Policy (if applicable)
Instructions: Only Applicants claiming qualifying prohousing policies need to complete the following table and upload supporting documentation. Note that Applicants will receive full points for having a Prohousing Designation from the Department of Housing and Community Development and partial points for policies listed in Appendix D of the TCC Guidelines.
31. Please mark all that apply:
Applicant has applied for Prohousing Designation X Yes ☐ No Applicant has received Prohousing Designation ☐ Yes X No - application is pending If answered Yes, skip to question 35. If answered No to either of the questions above, then proceed to question 33.
32. If the Applicant has not received the Prohousing Designation, in the table below, list and describe each Applicant/local jurisdiction’s adopted strategy, policy, or program claimed and include references (provide a web link if available, or upload documentation of each policy - ordinance, administrative procedure, resolution, etc. - as described in the Application instructions). Applicants should list all qualifying policies.
Qualifying Pro-Housing Policies are listed in Appendix D – Prohousing Policies of the Round 5 TCC Guidelines.
Continue to table on following page
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Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the
Prohousing Policies Table
Strategy
Type
Select from
Appendix D
– Pro
Housing
Policies
Strategy Description Estimated Outcomes
Describe numerically in terms of
increase in supply (number of units),
timing (reduced number of days),
development costs (reduced costs per
unit), entitlement streamlining
(reduced number of approvals), or
funding (dollar value of incentives).
File Name(s)
Provide weblink and/or upload
supporting documentation to
the .zip file
Category 1 Favorable Zoning & Land Use
Rezoning commercial to MFH R3 The Arvin rezoning to R3 multifamily housing Increased the housing density
requirement from 24 to 30 units / acre.
Threshold Uploads Folder 7
(1.7)_Program Policies
Prohousing 1 Policies
Prohousing 2 CH 17.14 R3
Multifamily zone
Prohousing 3 CH 17.55
Prohousing 5 R3 Ltd MF Zone
Category 2 Acceleration of Housing Production
Timeframes
Ministerial CEQA approval process
The Arvin ministerial CEQA approval
process reduces approval times by an
estimated 60-90 days.
Threshold Uploads Folder 7
(1.7)_Program Policies
Prohousing 4 CH 17.72
Multifamily housing (MFH)
Residential Design Review
Category 3 Reduction of Construction &
Development Costs
Arvin City Council Resolution 2023-33
implemented a five percent (5%)
reduction in development impact fees for
multifamily housing developments
(where at least 50% of the units are
affordable).
The 5% reduction in development
impact fees, applied to the TCC 4th &
Walnut affordable housing project,
would reduce development impact
fees by $26,430.24 (reducing the total
from $528,604.80 to $502,174.56).
Threshold Uploads Folder 7
(1.7)_Program Policies
Prohousing 6 2023-33 5%
RDIF MFAH (5 percent
reduction of Development
Impact Fees for multifamily
affordable housing)
Category 3 Reduction of Construction &
Development Costs
Arvin City Council Resolution 2022-68
The City Manager has been
authorized by City Council to accept
Threshold Uploads Folder 7
(1.7)_Program Policies
70 5.D.4
Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application
implemented a policy permitting
Development Impact Fee Deferrals
DIF payments in 4 payments (25%
due at issuance of the building permit,
25% due annually thereafter for the
remaining 3 payments. Deferrals must
be secured and would be subject to
market rate interest rates on the
unpaid balance.
Prohousing 7 2022-68 DIF
Deferral Policy
Category 3 Reduction of Construction &
Development Costs
Pre-approved ADU design packages
PLHA forgivable loans for ADUs. Total
amount available $277,186 (2023-2026)
Utilization of 1 of 3 of the approved
ADU design templates (available
beginning 10/1/2023) will reduce
approval period by 60-90 days and
saves approximately $10,000 per ADU
in architectural design costs.
Threshold Uploads Folder 7
(1.7)_Program Policies
Prohousing 4 CH 17.50
Arvin 2022-66 Resol / Applic.
PLHA contract
PEF
Bullet points
#1 & #4
(TCC
Guidelines
Appdx D,
p. 173)
Prohousing Enhancement Factors
1. Multifaceted Strategy:
Masterplan achieves multiple planning
objectives - rezoning to ensure efficient
land use, access to public transportation,
affordable housing, and climate change
solutions
4. High density location efficient
communities: Rezoning to support highdensity development in Location Efficient Communities.
1 & 2: Arvin’s Town Center Master
Plan includes 51 units of infill low- and
very low-income affordable housing,
community college, new supermarket,
retail and fast food, ZEV transit stop,
pedestrian walkways and bikeways.
The master plan achieves efficient
land use, high density development
and placemaking and ensures
reduced VMTs and GHGs.
Threshold Uploads Folder 7
(1.7)_Program Policies
Housing in folder 3.3.1
Threshold Uploads Folder 7
(1.7)_Program Policies
Arvin Master Plan and Town
Center Retail agreements
Additional Prohousing Application
& Supporting Documents
The City of Arvin has applied for and
has a pending CA HCD Prohousing
designation application.
Included in folder 1.7:
Arvin 2023 1 Prohousing App
Arvin 2023 2 Prohousing App
Appendix5
71 5.D.4
Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application
Air Pollution Prevention and Mitigation Policy (if applicable) Instructions: Only Applicants claiming qualifying air pollution prevention and mitigation policies need to complete the following table and upload supporting documentation. If applicable, describe policies or programs within the Project Area that reduce or mitigate sources of air pollution. Maximum points will be awarded to applicants that have demonstrated substantial progress toward or propose directly reducing localized air pollution and improving community exposure. Partial points are available for mitigation measures and indirect policies.
33. Describe the primary sources of air pollution in the Project Area. Describe how the Applicants seek to address these sources of air pollution through support of existing policies or programs, or through supporting new policies or programs funded by the TCC grant. (200 words)
Primary & Secondary Sources of Air Pollution. Located in the San Joaquin Valley in southern Kern County, Arvin has a PM 2.5 of 98.1% (CES 3.0 & CES 4.0). The primary sources of air pollution in Arvin include PM2.5 and diesel / gasoline exhaust from industry, truck haulers, buses and passenger vehicles traveling along highway 223, which intersects the City of Arvin and connects State Highway 5 / Highway 99 to eastbound Highway 58.
Additional sources include manufacturing facilities, petroleum refining facilities, food processing facilities, farming operations, tractors, road dust, and fireplace burning.
Air Pollution Reduction Strategies. Arvin conducted air pollution reduction education and outreach from 2016 to present. In 2019, CARB approved AB617 funding and formation of the Community Steering Committee (CSC). The AB617 CSC, the SJVAPCD, and CARB developed air pollution reduction strategies including incentive funding, and public engagement, enforcement, and regulatory strategies (See, 2022 Community Emissions Reduction Plan (CERP) included in folder 1.7 Program Policies). The Arvin TCC project reduces air pollution by expanding transit fleet electrification, increasing active transportation walkways and bikeways, urban greening, and locating housing within <0.25 miles of education, retail, and municipal services.
34. In the table below, list and describe each Applicant or local jurisdiction’s adopted strategy claimed (policy, program or action) and include references (provide a web link and materials if available, and upload documentation of each policy, resolution, etc. - as described in the Application instructions). Applicants should list all qualifying policies.
Appendix E of the TCC Guidelines includes more information and a tiered list of qualifying direct and indirect example policies for air pollution reduction and mitigation.
Air Pollution Prevention and Mitigation Policies Table
Policy or
Program
Description Expected Outcomes,
Associated Timeline, and
Responsible Entity
File Name(s)
Provide weblink
and/or upload
supporting
documentation to
the .zip file
72 5.D.4
Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the
Category: Air Pollution Reduction & Prevention
Tier 1 Direct - Reduction and
Prevention
Adoption of School bus
Electrification Program.
Outcome: (1) Adopted
school bus electrification
program (2) Approx. 4
electric buses placed in
service, replacing 4 diesel
buses $1.6M
Timeline: 4/26/23-10/30/27
Entities: Arvin USD & Kern
HSD
2022 Arvin CERP
(Reference #1, p. 74)
Included in folder 1.7
Tier 2 Indirect - Community
Oversight & Capacity
Building
Air monitoring
Outcome: Air monitoring,
modeling, community
planning, and enforcement
partnerships (AB617)
Timeline: 4/26/23-10/30/27
Entity: Arvin/Lamont AB617
AB617 Air Monitoring
(Reference #3)
Included in folder 1.7
Tier 3 - Indirect - Community
Oversight and Capacity
Building
Outcome: New 2023
California Walks Study
(report in progress)
Timeline: 2023
Entity: The City of Arvin,
California Walks, Berkeley
Safe Trek
California Walks
Event Flyer
(Folder 2.2 CEP)
See also reference
# 7
Tier 2 Indirect – Community
Oversight & Capacity
Building
Community education
and training on air
quality and regulation
Outcome: Educated >500
residents about clean air
vehicles, energy reduction
and air pollution reduction
programs, and GHG
reduction opportunities
Timeline: June 16, 2023
Entity: City of Arvin, Lead.
Others: CARB, SJVAPCD,
Project Clean Air, GRID
Alternatives, AUSD, Bike
Bakersfield, CAPK, DHF,
KCCD, KCOG, PGE, and
many others
Arvin Clean Energy
Fair Event Flyer.
Included in Folder
2.2 CEP Combined
Community
Engagement (pdf)
See also references
# 4, 5, & 6
Tier 3 Air Pollution Reduction
& Prevention - Indirect
Air Quality Co-Benefits
Adoption of Safe
Routes to Schools
Program
Outcome: Arvin 2019 Safe
Routes to School (SRTS)
Plan is adopted
Timeline: 2019 Completed
Entity: City of Arvin
Arvin 2019 SRTS
Plan report (Included
in folder 1.7)
73 5.D.4
Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the
Tier 3 Indirect - Air Quality CoBenefits
Arvin Transit Fleet
Electrification Plan
Outcome: Achieved fleet
conversion benchmark 50%
of transit fleet is now electric
Timeline: 2023
Entities: City of Arvin Transit
2019 Arvin 3-Year
Fleet Conversion
Plan
Included in Folder
3.3.2 Project -
Transit Readiness
Tier 3 Indirect - Air Quality CoBenefits
Arvin Transit Asset
Management Plan
Outcome: By 2025 the
City’s Transit Fleet will be
100% electric
Timeline 2024-2025
Entities: City of Arvin Transit
2022 Arvin TAM Plan
Included in Folder
3.3.2 Project -
Transit Readiness
Tier 3 Indirect Air Quality CoBenefits
Expansion of existing
transit and EV
infrastructure
Outcome: New TCC funded
Bus Stop near affordable
housing. Future planned
stop at Amtrak Train Station
in Bakersfield.
Timeline: 4/26/23-10/30/27
Entity: City of Arvin, Arvin
Transit
Please see 03.2
Transit & Rail -
Readiness
Documentation
Category: Air Pollution Mitigation
Tier 1 Direct - Reduction and
Prevention
Moratorium on
petroleum facilities near
sensitive zones
Outcome: Moratorium on
new oil well drilling and oil
wells near schools
Timeline: 7/17/18 to present
Entity: Arvin City Council
See Arvin Ordinance
No. 451 repealing
petroleum facilities
near sensitive zones
included in Folder
1.7 Tier 2 Indirect - Nonstationary
& Nonroad Mobile
Targeted outreach re
electric lawn & garden
equipment subsidies
Outcome: AB617 targeted
outreach re subsidies to
replace gas-powered leaf
blowers and lawn mowers
with electric lawn & garden
equipment
Timeline: 4/26/23-10/30/27
Entity: SJVAPCD
See folder 1.7 and
reference # 8 at p. 82
See Also CERP TRACKER: https://docs.google.com/spreadsheets/d/1FmhboktG3Mj1Ll6u9- hEr39i7JF7Kvu_OUlH1QN8mxA/edit#gid=702498786
References:
1. https://community.valleyair.org/media/4014/6-final_arvinlamont-cerp_610.pdf#page=74
2. Chapter 17.46 - OIL AND GAS CODE | Code of Ordinances | Arvin, CA | Municode Library 74 5.D.4
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3. http://community.valleyair.org/selected-communities/arvin-lamont/community-airmonitoring/
4..https://www.turnto23.com/news/local-news/arvin-clean-energy-fair-will-promote-renewableenergy-efficiency
5..https://southkernsol.org/2023/06/14/arvin-embraces-renewable-energy-city-to-hostinaugural-clean-energy-fair-to-combat-air-pollution/
6. https://bakersfieldnow.com/news/eyewitness-mornings/a-greener-more-sustainable-futurethe-city-of-arvin-is-hosting-its-arvin-clean-energy-fair-event-this-month
7. https://www.instagram.com/p/CrjesEAvhAz/?img_index=1
8. https://community.valleyair.org/media/4014/6-final_arvinlamont-cerp_610.pdf#page=82 75 5.D.4
Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the
BEAR MOUNTAIN BLVD
4TH STREET
CREDIT UNION
3,000 S.F.
EXIT
WALNUT STREET
4TH STREET TRANSIT HUB
STARBUCKS
2,200 S.F.
EXIT
ENERGY HUB
PYLON SIGN
EXIT
FAST FOOD
2,400 - 2,800S.F.
25,620 SF.
CAMPUS DRIVE
N
ARVIN TOWN CENTER INTERSECTION OF BEAR MOUNTAIN BLVD. & WALNUT STREET PROPOSED PLAN - OPTION #2B
DEVELOPMENT BY:
ARVIN WALNUT
PROPERTIES, LLC c/o
E.F. MOORE & COMPANY,
OJAI, CA
9/15/2022
SCALE: 1"=40'-0"
SITE # C
SITE # I SITE # J
SITE # K
SITES BREAKDOWN
SITE #C - COMMERCIAL
APPROXIMATE SITE AREA.......................... 5.59 ACRES GROCERY ..................................................... 34,490 SF FAST FOOD ................................................. 2,800 SF STARBUCKS ................................................ 2,200 SFCREDIT UNION ............................................ 3,000 SF PARKING STALLS .......................................... 267 STALLS CHARGING STATION STALLS .......................... 6 STALLSON-SITE BUS STOP SITE #I - COMMERCIAL - PUBLIC PARK & BIKE PATH
APPROXIMATE SITE AREA..................... 1.14 ACRES
SITE #J - PARKING / SOLAR
APPROXIMATE SITE AREA........................... 0.61 ACRES PARKING STALLS ......................................... 61 STALLS SITE #K - MULTI-FAMILY APARTMENTS
APPROXIMATE SITE AREA........................... 2.04 ACRESAPARTMENT UNIT SIZE (2 BEDROOMS) .... 800 SF TOTAL BUILDINGS ........................................ 6 (2 STORY)TOTAL UNITS FOR BUILDINGS.................... 60 APARTMENTS COMMUNITY/OFFICE ................................... 1,876 SF PLAYGROUND AREAS .................................... 930 SFRESIDENTS PARKING STALLS ................... 62 STALLS
APPROVAL OF A PARKING VARIANCE AT EACH HOUSING
COMPLEX WILL ENABLE AN INCREASE IN AVAILABLE
AFFORDABLE HOUSING THROUGH A DENSITY BONUS PROGRAM
*
76 5.D.4
Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the Prohousing Designation Program) JUNE 1, 2025 AUGUST 1, 2025
Free Rides
Visit www.arvin.org or call us at
661-854-3139 to plan your trip
77 5.D.4
Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the Paseos Gratis
1 JUNIO, 2025 1 AUGUSTO, 2025
Visita www.arvin.org o llamanos a
661-854-3139 para planear su viaje
78 5.D.4
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Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application
THE BAKERSFIELD CALIFORNIAN
3700 PEGASUS DR STE 100
BAKERSFIELD CA 93308−6803
(661)395−7207
ORDER CONFIRMATION
Salesperson: LEGALS Printed at 11/21/24 15:46 by jpark−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 109881 Ad #: 410024 Status: New WHOLD
KERN COUNTY HOUSING AUTHORITY Start: 11/27/2024 Stop: 11/27/2024 601 24TH ST Times Ord: 1 Times Run: ***
BAKERSFIELD CA 93301 1LGL 2.00 X 65.00 Words: 550
Total 1LGL 130.00
Class: B0520 LEGAL NOTICES
Rate: LL Cost: 582.48
# Affidavits: 1
Contact: NA Ad Descrpt: NOTICE OF INTENT TO REQUE
Phone: (661)631−8500 Given by: *
Fax#: (661)631−9500 P.O. #:
Email: [email protected], gtru Created: jpark 11/21/24 15:43 Agency: Last Changed: jpark 11/21/24 15:46
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− COMMENTS:
COPIED from AD 381122
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−
PUB ZONE EDT TP RUN DATES
CALC A 95 S 11/27
CWEB A 93 S 11/27
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−
AUTHORIZATION
Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. _____________________________________ _____________________________________ Name (print or type) Name (signature)
(CONTINUED ON NEXT PAGE)
Maria Guzman
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THE BAKERSFIELD CALIFORNIAN
3700 PEGASUS DR STE 100
BAKERSFIELD CA 93308−6803
(661)395−7207
ORDER CONFIRMATION (CONTINUED)
Salesperson: LEGALS Printed at 11/21/24 15:46 by jpark−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 109881 Ad #: 410024 Status: New WHOLD WHOL
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
November 27, 2024
City of Arvin
200 Campus Drive, Arvin, CA 93203
(661) 854-3134, Jake Raper, Project Coordinator/City Planner On or about December 5, 2024 the City of Arvin will authorize the Housing Authority of the County of Kern to submit a request to the Department of Housing and Urban Development (HUD) for the release of Project Based Voucher Program funds under Section (o)(13) of the United States Housing Act of 1937, as amended, to undertake a project known as Arvin RAD for the purpose of rehabilitating 114 units comprised of three (3) existing low-income public housing developments known as Parkview Apartments, Monte Vista, and Haciendas del Sol (collectively known as Arvin RAD) in Arvin, CA. The estimated funding is $21,643,027 (subsidy over a 20-year period).
The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at the City of Arvin, Planning Department, 200 Campus Drive, Arvin, CA 93203 and may be examined or copied MondayThursday 8:00 A.M to 5:00 P.M.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to Jake Raper, Project Coordinator/Planner, 200 Campus Drive, Arvin, CA 93203. All comments received by December 4, 2024 at 5:00 P.M. will be considered by the City of Arvin prior to authorizing submission of a request for release of funds.
ENVIRONMENTAL CERTIFICATION
The City of Arvin certifies to HUD that Jeffrey Jones in his capacity as City Manager consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUDs approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Housing Authority of the County of Kern to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of fund and the City of Arvins certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Arvin; (b) the City of Arvin has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to HUD at [email protected] and HUD Los Angeles Office of Public Housing at [email protected]. Potential objectors should contact HUD Los Angeles Office of Public Housing via email to verify the actual last day of the objection period.
Jeffrey Jones
City Manager
November 27, 2024
410024
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ADU/JADU Program Guidelines
CITY OF ARVIN
Accessory Dwelling Unit/Junior
Accessory Dwelling Unit (ADU/JADU )
Development and Repair Program
Guidelines
PLHA FUNDS
Serving the City of Arvin
85 5.D.4
Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the
CITY OF ARVIN
ADU/JADU DEVELOPMENT AND REPAIR PROGRAM GUIDELINES
TABLE OF CONTENTS
1.0 GENERAL
1.1. PROGRAM OUTREACH AND MARKETING
1.2. APPLICATIONPROCESS AND SELECTION
1.3. LOAN PROCESS
1.4. CONFLICT OF INTEREST REQUIREMENTS
2.0. APPLICANT QUALIFICATIONS
2.1. INCOME LIMITS
2.2. INCOME QUALIFICATION CRITERIA
2.3. HOMEOWNER ELIGIBILITY & RESIDENCY REQUIREMENTS
3.0. PROPERTY ELIGIBLITY
3.1. CONDITIONS
3.2. ANTI-DISPLACEMENT POLICY AND RELOCATION ASSISTANCE
3.3. NOTIFICATIONS AND DISCLOSURES
4.0. THE PROGRAM LOAN
4.1. MAXIMUM AMOUNT OF PROGRAM ASSISTANCE
4.2. AFFORDABILITY PARAMETERS FOR HOMEOWNERS
4.3. RATES AND TERMS
4.4. GRANTS
4.5. APPRAISAL
4.6. INSURANCE
4.7. LOAN SECURITY
5.0. PROGRAM LOAN SERVICING AND MAINTENANCE
5.1. PAYMENTS ARE VOLUNTARY
5.2. RECEIVING LOAN REPAYMENTS
5.3. LOAN SERVICING POLICIES AND PROCEDURES
5.4. LOAN MONITORING PROCEDURES
5.5. DEFAULT AND FORECLOSURE
5.6. SUBORDINATIONS
6.0. CONSTRUCTION
6.1. STANDARDS
6.2. ELIGIBLE CONSTRUCTION COSTS
6.3. ELIGIBLE PROJECT COSTS/ACTIVITY DELIVERY COSTS
6.4. REPAIR CALLBACKS
7.0. EXCEPTIONS AND SPECIAL CIRCUMSTANCES
7.1. AMENDMENTS
7.2. EXCEPTIONS
8.0. DISPUTE RESOLUTION AND APPEALS PROCEDURES
8.1. PROGRAM COMPLAINT AND APPEAL PROCEDURE
8.2. GRIEVANCES BETWEEN PARTICIPANTS AND CONSTRUCTION CONTRACTOR 86 5.D.4
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CITY OF ARVIN
ADU/JADU DEVELOPMENT & REPAIR PROGRAM GUIDELINES
TABLE OF CONTENTS - ATTACHMENTS
ATTACHMENT ATITLE 25 SECTION 6914 GROSS INCOME INCLUSIONS AND EXCLUSIONS ATTACHMENT B: ANNUAL INCOME NET FAMILY ASSET INCLUSIONS AND EXCLUSIONS ATTACHMENT C: CURRENT INCOME LIMITS
ATTACHMENT D: MARKETING PLAN
ATTACHMENT E: RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN
ATTACHMENT F: LOAN SERVICING POLICIES AND PROCEDURES ATTACHMENT G:
FORECLOSURE POLICY
ATTACHMENT H: CERTIFICATION OF OCCUPANCY
ATTACHMENT I:
ATTACHMENT K: ADU/JADU HOUSING REHABILITATION/RECONSTRUCTION PROGRAM
CONTRACTOR GUIDELINES AND INFORMATION SHEET
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CITY OF ARVIN
ADU/JADU DEVELOPMENT & REPAIR PROGRAM GUIDELINES
1.0. GENERAL
The above-named entity, hereinafter referred to as the “Sponsor”, has entered into a contractual relationship with the California Department of Housing and Community Development (“HCD”) to administer one or more HCD-funded ADU/JADU Development and Repair Program, funding will be used to provide financial assistance to households. Funding may be made available to households with incomes at or below 80% of AMI for predevelopment, development and/or repair of an ADU/JADU. The ADU/JADU Development and Repair Program described herein and hereinafter referred to as the “Program” is designed to provide assistance to eligible homeowners seeking to develop, or correct health and safety items, as well as code violations, of ADU/JADU’s located within the Program’s eligible area, as described in Section 3.0. The Program provides this assistance in the form of deferred payment loans used to finance the cost of predevelopment, new construction, conversion and structural modifications to existing homes necessary to accommodate an ADU or a JADU or necessary repairs that will provide the homeowner with a healthy, safe, sanitary and code compliant ADU/JADU, referred to herein as “secondary housing unit”. The Program will be administered by Self-Help Enterprises, hereinafter referred to as the “Program Operator”.
1.1. PROGRAM OUTREACH AND MARKETING
All outreach efforts will be done in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach and access to the Program. No person shall, on the grounds of age, ancestry, color, creed, physical or mental disability or handicap, marital or familial status, medical condition, national origin, race, religion, gender or sexual orientation, be excluded, denied benefits or subjected to discrimination under the Program.
The Sponsor will ensure that all persons, including those qualified individuals with handicaps have access to the Program.
A. The Fair Housing Lender logo and Accessibility logo will be placed on all outreach materials. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the Program’s eligible area compared to the ethnicity of the population served by the Program (includes, separately, all applications given out and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the Program. A Fair Housing Marketing Plan can be found as Attachment D. Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the Program-eligible area and will be provided to any local social service 88 5.D.4
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agencies. The Program may sponsor homeownership education classes to help educate homeowners about credit, budgeting, predatory lending, foreclosure prevention and home maintenance, as well as future responsibilities.
B. Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion of an otherwise qualified individual, solely by reason of disability, from participation under any Program receiving Federal funds. The Program Sponsor will take appropriate steps to ensure effective communication with disabled housing applicants, residents and members of the public.
1.2. APPLICATION PROCESS AND SELECTION
A. Waiting List/Homeowner Contact
The Sponsor will utilize a waiting list. In response to a homeowner’srequest, the homeowner is placed on the waiting list. Homeowners are offered the opportunity to qualify for assistance by waiting list priority (a first-come, first served basis). Assistance will be provided to eligible homeowners on a first-come, first served basis. Each applicant is encouraged to participate in Homeowner Coaching and Basic Home Maintenance Education (also known as post-purchase counseling and education) and receive a certificate of completion to be eligible for the Sponsor’s ADU/JADU Development and Repair Program. Coaching sessions will include budget review and development, while the hands-on class will cover general homeowner pitfalls, homeowner/landlord responsibilities, and general maintenance.
The Program Operator will contact homeowners by mail and/or by telephone to advise them of funding availability. The homeowner has 30 days to complete and return the loan application and supporting documentation. Should a homeowner fail to respond to the initial contact for assistance or to provide any of the required documentation within the 30-day period, the homeowner’s name will be removed from the waiting list. If the homeowner desires assistance at a later time, he/she will be placed on the waiting list at thattime.
Should the waiting list be exhausted, the Program will be marketed in accordance with the Sponsor’s Marketing Plan. See Attachment D.
B. Application/Interview
An application packet is provided to the homeowner for completion and submittal to the Program Operator, along with supporting documentation. An interview is scheduled with the applicant. The Program is fully explained; application forms and documentation are reviewed. Verifications are obtained for income, assets, employment, benefits, and mortgage. Title report and property values are also obtained.
If the Program Operator encounters material discrepancies and/or misrepresentations, and/or there are income, asset, household composition, or other important questions that 89 5.D.4
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can't be resolved, the Sponsor reserves the right to deny assistance to the household. In this case, the applicant may re-apply after six months have elapsed from the time of written assistance denial.
C. Household Selection
Households selected for participation in the Sponsor’s ADU/JADU Development and Repair Program are those determined eligible upon completion of processes described in A. and B. above and either have an existing ADU/JADU or a lot adequate to support the development of an ADU/JADU.
D. Initial Inspection/Work Write-Up/Estimate
Prospective units are inspected by the Program Operator, a certified housing inspector, or a Sponsor representative to determine eligibility and acceptability of properties for participation in the Program.
Measurements and observations are noted about the property, including special conditions with potential cost consequences (dilapidated outbuildings, absence of curb and gutter when required by code, etc.). A floor plan and site plan, as needed, are drawn for the home and property, including all appurtenances.
Findings are noted on an inspection form, and later used by the Program Operator to prepare the work write-up. Estimated costs are determined by the Program Operator who has years of experience in the building industry, and in reviewing contractor bids and verifying cost with materials suppliers. The homeowner reviews the completed work write-up and cost estimate, and the approved write-up is incorporated into bid documents.
E. Bid Solicitation
A bid walk-through date and time are scheduled. The homeowner may choose to solicit his/her own bids or request that the Program Operator solicit bids on his/her behalf. In an effort to obtain three reasonable bids, invitations to bid are sent to eligible contractors located in the Sponsor’s County and selected by the homeowner from the Active Contractor List provided by the Program Operator. Homeowners are required to select a minimum of six contractors from the Active Contractor List and may add to the list as long as the contractor meets the requirements outlined in the ADU/JADU Development and Repair Program Contractor Guidelines and Information Sheet (see Attachment K). Contractors will be notified via telephone and/or in writing (email, fax, etc.) at least one week prior to each bid tour. Bid results will be provided to participating contractors.
Contractors must be licensed and bonded by the State of California Contractors Licensing Board. Contractors must also provide Program Operator with evidence of Workers’ 90 5.D.4
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Compensation Insurance and Comprehensive General Liability and Property Damage Insurance with Combined Single Limits of at least $1,000,000.
Recruitment for eligible contractorsis done on an ongoing basis, via local advertising, website notification, and program marketing. It is the goal of the Program Operator to maintain an Active Contractor List of eligible, interested contractors located in the Sponsor’s County.
Applications are available for those seeking to participate by calling the Program Operator or visiting the Program Operator’s website. The Program Operator will send notices to contractors on the Active Contractor List annually, which will request each contractor contact the Program Operatorto confirm his or herinterestin remaining on the Active Contractor List.
Contractors who do not respond will be moved to the Inactive Contractor List.
Cost reasonableness is determined by comparing the bids received with the cost estimate prepared by the Program Operator. Bidsshould be within 10% ofthe Program Operator’s cost estimate, otherwise an explanation must be provided to the file for any bid selected exceeding 10% of the estimate. The homeowner is encouraged to accept the lowest reasonable bid.
The Program Operator determines eligibility of the contractor by contacting the State Contractors License Board and checking the Federal List of Debarred Contractors. The contractor is also required to provide a self-certification stating that he/she is not on the Federal debarred list. Once determined eligible, the contractor isthen notified of provisional award of bid (pending loan approval). Notices of non-award are mailed to participating contractors.
F. Pre-Construction Conference
A pre-construction conference is scheduled with homeowner, contractor, and Program Operator. The Program Operator reviews the Owner-Contractor Construction Contract, including the work write-up, anticipated start date, pay schedule, and anticipated date of completion, with the homeowner and contractor.
G. Loan Request/Approval
A report and loan request are prepared on behalf of the homeowner by the Program Operator. The loan request includes the cost of construction, a contingency fund, and other project costs (listed in Section 6.3.). A Loan Review Committee meeting is scheduled to hear the loan request. Section 1.3. provides additional information on the loan approval process.
Once approved, loan documents are executed and the loan is funded.
H. Start-Up/FieldInspections
Following loan approval, the construction contract and Notice to Proceed are executed. The Program Operator monitors date of start-up and performs field inspections on a regular 91 5.D.4
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basis. The Program Operator will visit the projectsite regularly in order to check the scope of work, inspect materials, and to confirm the project is on schedule and within budget. The Program Operator works with the Sponsor’s Building Inspector to ensure the work meets building codes, while not exceeding funding limits.
The Program Operator reviewsthe work status with the homeowner and with the contractor in orderto remedy any developing problems quickly and to ensure that both are satisfied with the construction process. At the completion of each phase, the Program Operator inspects the work and the homeowner authorizes contractor payments.
The Program Operator will refer back to original plans and specifications to verify the work was completed as contracted.
I. Change Orders
Written change orders are required when the homeowner requests any changesin the writeup, such as eliminating an item completely, eliminating one item and substituting another, or adding items. The change order will state the change and dollar value for the change. The change order must be signed by both the contractor and the homeowner, and submitted to the Program Operator and Sponsor for signature approval. If the change order exceeds the approved financing, the homeowner will be asked to provide additional funds or a report and request for additional funds may be presented to the Sponsor’s Loan Review Committee for approval prior to Program Operator signing-off on the change order.
J. Progress Payments
Ninety percent (90%) of the contract amount is distributed to the contractor in the form of progress payments during construction. The final ten-percent (10%) of the contract amount is set aside as a retention payment. The contractor requests a progress payment from the homeowner and notifies the Program Operator that he/she has done so. Upon favorable inspection by the homeowner, Program Operator, and Sponsor or Sponsor’s Building Inspector, the payment authorization is signed by the homeowner and submitted for payment.
K. Final Inspections/Notice of Completion/Final Payment When the project is completed, the Program Operator inspects the work item by item with the homeowner, the contractor, and/or the Sponsor. The Sponsor’s Building Inspector performs a final inspection. Any corrections or deficiencies are noted and corrected by the contractor. Upon favorable final inspections, a Notice of Completion is prepared, signed by the homeowner, and then recorded. The final ten-percent (10%) retention payment is released 35 days after the recording of the Notice of Completion.
1.3. LOAN PROCESS
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The Sponsor’s Loan Review Committee must approve all loans and grants. The Loan Review Committee may approve assistance with ADU/JADU Development and Repair Funds but cannot be more than 105 percent of the after-rehabilitation value. See Attachment C for current limits.
In order to obtain financing, applicants must meet all property and eligibility guidelines in effect at the time the application is considered. Homeowners will be provided written notification of approval or denial. Any reason for denial will be provided to the applicant in writing.
1.4. CONFLICT OF INTEREST REQUIREMENTS
The Sponsor’s Program, mustfollow the applicable Conflict of Interestrequirements of Public Contract Code sections 10410, 10411, and 10430 (e)
A contractor with a vested interest in the property cannot bid on a rehabilitation project.
Such a contractor may act as owner/builder, subject to standard construction procedures.
Owner/builders are reimbursed for materials purchased which are verified by invoice/receipt and used on the project. Reimbursement occurs after the installation is verified by the Program Operator to be part of the scope of work. Owner/builders are not reimbursed forlabor.
2.0. APPLICANT QUALIFICATIONS
2.1. INCOME LIMITS
All homeowners must certify that they meet the household income eligibility requirements for the applicable HCD Program(s) and have their household income documented. The income limits in place at the time of loan approval will apply when determining applicant income eligibility. All applicants must have incomes at or below 80% of the County’s area median income (AMI), adjusted for household size, as published by HCD each year. See AttachmentC.
The link to the official HCD maintained income limits is: http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml (choose “Official State Income Limits”).
Household: means one or more persons who will occupy a housing unit. Unborn children may be counted.
Annual Income: Generally, the gross amount of income of all adult household members that 93 5.D.4
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is anticipated to be received during the coming 12-month period.
2.2. INCOME QUALIFICATIONCRITERIA
Projected annual gross income of the applicant household will be used to determine whether they are above or below the published HCD income limits. Income will be verified by reviewing and documenting tax returns, copies of wage receipts, subsidy checks, bank statements and third-party verification of employment forms sent to employers. All documentation shall be dated within six months prior to loan closing, kept in the applicant file and held in strict confidence.
A. HOUSEHOLD INCOMEDEFINITION:
Household income is the annual gross income of all adult household members that is projected to be received during the coming 12-month period, and will be used to determine Program eligibility. Refer to Income Inclusions and Exclusions for further guidance to the types of incomes to be included or excluded when calculating gross annual income. See Attachment A. For those types of income counted, gross amounts (before any deductions have been taken) are used. Two types of income that are not considered would be income of minors or income of live-in aides. Certain other household members living apart from the household also require special consideration. The household’s projected income must be used, rather than past earnings, when calculating income.
Housing and/or debt ratios are not considered as the funding provided creates no additional monthly financial obligation. If a homeowner has a mortgage, creditworthiness is verified by ensuring that all payments are current and that no late payments have been received in the past twelve months.
If the Borrower will occupy an ADU or a JADU, then the residents of the primary unit shall not be considered as part of the Household receiving funding for purposes of this section.
See Attachment A: Title 25 Section 6914 Annual Income inclusions and Exclusions (State) B. ASSETS:
There is no asset limitation for participation in the Program. Income from assets is, however, recognized as part of annual income under the Part 5 definition. An asset is a cash or noncash item that can be converted to cash. The value of necessary items such as furniture and automobiles are not included. (Note: it is the income earned – e.g. interest on a savings account – not the asset value, which is counted in annual income.) An asset’s cash value is the market value less reasonable expenses required to convert the 94 5.D.4
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asset to cash, including: Penalties orfeesfor converting financial holdings and costsforselling real property. The market value of an item is counted as an asset.
See Attachment B: Part 5 Annual Income Net Family Asset Inclusions and Exclusions
2.3. HOMEOWNER ELIGIBILITY AND RESIDENCY REQUIREMENTS
The Sponsor’s ADU/JADU Development and Repair Program allows for owner-occupied properties to participate in the Program. Owner-occupied units must be the owner’s principal place of residence. A photocopy of a recent utility bill will verify proof of occupancy.
No unit to be rehabilitated will receive financial assistance if it is currently occupied by an over-income household or does not meet the eligibility standards outlined in these guidelines. ADU/JADU may be rented, but must maintain a minimum tenancy of 30 days and cannot be use asshort-term rental.
A. Continued residency is monitored annually, per Attachment F, forthe term of the loan.
Occupancy will be verified, reviewed, and certified by the submission of the following:
1. Proof of occupancy in the form of a copy of a current utility bill; and
2. Statement of unit's continued use as primary residence of the owner.
B. In the event that a homeowner sells, transfers title, or discontinues residence in the rehabilitated property for any reason, the loan becomes due and payable.
C. If a homeowner converts the property to a rental unit, or any commercial or nonresidential use, the loan is due and payable.
The loan is not transferable except under the following limited circumstances:
2.4. The transfer of the Property to the surviving joint tenant by devise, descent or operation of the law, on the death of a joint tenant;
2.5. A transfer of the Property where the spouse becomes an owner of the property;
2.6. A transfer of the Property resulting from a decree of dissolution of marriage, legal separation or from an incidental property settlement agreement by which the spouse becomes an owner of the Property; or,
2.7. A transfer to an inter vivos trust in which the Borrower is and remains the beneficiary and 95 5.D.4
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occupant of the property.
3.0. PROPERTY ELIGIBILITY
3.1. CONDITIONS
A. No unit will be eligible if a household’s income exceeds the prescribed income limits listed in Attachment C.
B. Units to be rehabilitated must be located within the incorporated areas of the Sponsor’s jurisdiction.
C. Property must contain a legal residential structure intended for continued residential occupancy.
D. All repair work will meet Local Building Code standards
4.0. THE PROGRAM LOAN
4.1. MAXIMUM AMOUNT OF PROGRAM ASSISTANCE
An eligible homeowner may qualify for the full cost of rehabilitation/reconstruction work needed to comply with State and local codes and ordinances. Maximum assistance shall not exceed $20,000 per unit.
4.2. AFFORDABILITY PARAMETERS FOR HOMEOWNERS
The maximum after-rehab value of a home shall be set at 100% of the current median sales price of a single family home in the county in which the Program is located.
A. Total indebtedness against property shall not exceed 105 percent of the after-rehabilitation value as determined by an appraisal. An estimate of After-Rehab Value will be made prior to making a commitment of funds using the method outlined in Section 4.4.
B. Any bid within 10% of the Program Operator’s estimate may be selected, otherwise an explanation must be provided to the file for a bid selected exceeding 10% of the estimate.
4.3. RATES AND TERMS
Homeowners are eligible for Deferred Payment Loans (DPL), at zero interest, evidenced by a Promissory Note and secured by a Deed of Trust, with no payback required for 30 years unless the Borrower sells or transfers title or discontinues residence in the dwelling. Payments may be made voluntarily on a DPL, without penalty. Note: If it is determined by the Sponsor that repayment of a PLHA Program loan at the maturity date causes a hardship to the homeowner, the Sponsor may opt the following:
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o Amend the note and deed of trust to defer repayment of the amount due at maturity, that is balance of the original principal plus the accrued interest, for up to an additional 30 years (at 0% additional interest). This may be offered one time; or, o Convert the debt at loan maturity; that is the balance of the original principal plus any accrued interest, to an amortized loan, repayable in 15 years at 0% additional interest.
A. In the event that a homeowner sells, transfers title, or discontinues residence in the rehabilitated property for any reason, the loan shall become all due and payable.
B. Loans are not assumable.
E. If a homeowner converts the rehabilitated property to any residential-rental, commercial or non-residential use, the loan becomes all due and payable.
F. As specified in the Rehabilitation Loan Agreement, all applicants who participate in the Program must maintain the property at post-rehabilitation conditions for the term of the loan. Should the property not be maintained accordingly, the loan shall be considered in default and becomes all due and payable, and if necessary, foreclosure proceedings will be initiated. A method of inspection will be established by the Sponsor.
G. Loans are not assumable. The following transfers of interest shall not require the repayment of the PLHA Program loan:
A. transferto a surviving jointtenant by devise, descent, or operation of law on the death of a joint tenant;
B. a transfer in which the transferee is a person who occupies or will occupy the property, which is:
(i) a transfer where the spouse becomes an owner of the property; (ii) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner of the property; or
(iii) a transfer into an inter vivos trust in which the Borrower is and remains the beneficiary and occupant of the property.
4.54. APPRAISAL
A. The After-Rehab Value for rehabilitation projects is determined using the “Estimate of Value” method. The Sponsor or Program Operator determines estimates of value based on the sale prices of at least three (3) comparable properties, sold within the last six months 97 5.D.4
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(within one year of the assistance date, which is the date the promissory note is signed), and if possible located within one mile of the subject property. The participants’ file will include the estimate of value and document the basis for the value estimates. The purpose of the “Estimate of Value” method is to determine that the combined loans will not exceed the maximum combined loan-to- value limit, as described in Section 4.2.A above. If three comparable properties cannot be found, orif there is any question regarding the after-rehab value, the ARV must be determined by a licensed appraiser, as described in Section 4.4.B. below.
B. A licensed appraiser determines the after-rehab value for rehabilitation projects, when the “Estimate of Value” method cannot be used. For rehabilitation projects, the appraiser determines the value of the unit with the rehabilitation building plans and specifications included. The cost of the appraisal will be included in the Borrower’s loan. The purpose of the appraisal is to determine that the after-rehab value of the housing unit will not exceed the applicable HOME Value Limit per HOME Program regulations (See Attachment C), and that the combined loans will not exceed the maximum combined loan-to- value limit, as described in Section 4.2.A above.
C. The After-Rehab Value for reconstruction/new construction projects is determined by a licensed appraiser. The After-Rehab Value for reconstruction projects is determined by an appraisal completed off the building plans and specifications for the new home. The cost of the appraisal will be included in the Borrower’s loan. The purpose of the appraisal is to determine that the combined loans will not exceed the maximum combined loan-to-value limit, as described in Section 4.2.A above.
4.6. INSURANCE
4.6.1. FIRE INSURANCE
The homeowner shall maintain fire insurance on the property for the duration of the Program loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the Sponsor as Loss Payee for the amount of the Program loan(s). Evidence of this shall be provided to the Sponsor. Note: Funds cannot be used to pay insurance at any time.
4.6.2. FLOOD INSURANCE
For homes in a 100-year flood zone, the owner is required to maintain flood insurance in an amount adequate to secure the Program loan and all other encumbrances. This policy must designate the Sponsor as Loss Payee and a binder shall be provided to the Sponsor and maintained in the Borrower’s file. Note: Funds cannot be used to pay insurance at any time. 98 5.D.4
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4.7. LOAN SECURITY
A. Loan security for all owner-occupied rehabilitation stick-built homes will be secured by the real property and improvements, and will also include a Deed of Trust, Promissory Note and Loan Agreement in favor of the Sponsor.
B. A manufactured home in a mobile home park or on leased land that is not on a permanent foundation will be secured by an HCD 480.7 or an HCD 484 Statement of Lien and will also include a Promissory Note and Loan Agreement.
C. Entering a subordinate lien is acceptable. However, the Sponsor will not subordinate a first lien position once established.
5.0. PROGRAM LOAN SERVICING AND MAINTENANCE
5.1. PAYMENTS ARE VOLUNTARY
Borrowers may begin making voluntary payments at any time, without penalty.
5.2. RECEIVING LOAN REPAYMENTS
A. Program loan payments will be made to:
City of Arvin
200 Campus Drive
Arvin, CA 93203
B. The Sponsor will be the receiver of loan payments or recapture funds and will maintain a financial record-keeping system to record payments and file statements on payment status. Payments shall be deposited and accounted for in the Sponsor’s appropriate Program Income/Reuse Account, as required. The Program Sponsor will accept loan payments from Borrowers prepaying deferred loans, from Borrowers making payments in full upon sale or transfer of the property, and homeowners of tenant occupied units. All loan payments are payable to the Sponsor. The Sponsor may at its discretion, enter into an agreement with a third party to collect and distribute payments and/or complete all loan servicing aspects of the Program.
5.3. LOAN SERVICING POLICIES AND PROCEDURES
See Attachment F for local loan servicing policies and procedures. While the attached policy outlines a system that can accommodate a crisis that restricts Borrower repayment ability, it should in no way be misunderstood: The loan must be repaid. All legal means to ensure the repayment of a delinquent loan as outlined in the Loan Servicing Policies and Procedures will be pursued.
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5.4. LOAN MONITORING PROCEDURES
Homeowners will be required to submit each of the following to the Sponsor, annually, for the term of the loan, which will be reviewed and certified by the Sponsor or its designated Loan Servicing Agent at the time of annual occupancy verification per Attachment F:
• Proof of occupancy in the form of a copy of a current utility bill; • Statement of unit's continued use as a residence;
• Declaration that other title holders do not reside on the premises; • Verification that Property Taxes are current; and
• Verification of current required insurance policies.
5.5. DEFAULT AND FORECLOSURE
If an owner defaults on a loan, and foreclosure procedures are instituted, they shall be carried out according to the Program Foreclosure Policy adopted by the Sponsor, and attached to these guidelines as Attachment G.
5.6. SUBORDINATIONS
The Sponsor may approve a request to subordinate a loan, in order for the owner to refinance the property, under the following conditions:
A. The lien position of the Sponsor loan will remain the same or be advanced.
B. The new primary loan is no greater than the balance of the loan being refinanced, except the costs of refinancing the loan may be added to the principal balance.
C. The purpose of the new primary loan is to reduce the interest rate being paid and/or reduce the owner's payment.
D. The refinanced loan must have an impound account for taxes and insurances.
E. The refinancing terms must be acceptable to the Sponsor.
6.0. CONSTRUCTION
6.1. STANDARDS
A. All repair work will meet Local Building Code standards. The priority will be the elimination of health and safety hazards. Sponsor may also require elimination of code deficiencies. 100
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However, if certain components of the house ADU/JADU are sound and were built to code prescribed at the time of installation, no repair or alteration will be made to those components.
B. Contracting Process
1. Contracting will be done on a competitive basis.
2. The homeowner will be the responsible agent, but the Sponsor and/or its Program Operator will prepare the work write-up, prepare and advertise the bid package, and assist the owner in negotiating the construction contract.
3. The Sponsor does not warrant any construction work, or provide insurance coverage.
C. Approved Contractors
1. Contractors are required to be licensed with the State of California, and be active and in good standing with the Contractors’ License Board and the Sponsor.
2. Contractors will be checked against the Federal System for Award Management (SAM.gov) for debarred status. No award will be granted to a contractor on the Excluded Parties List System (EPLS).
3. Contractors must have public liability and property damage insurance, and worker’s compensation, unemployment and disability insurance, to the extent required by State law.
4. Contractor must agree to comply with all federal and state regulations.
C. Sweat Equity Labor
The Sponsor does not allow sweat equity participation.
6.2. ELIGIBLE CONSTRUCTION COSTS
“Rehabilitation” means, in addition to the definition in Section 50096 of the Health and Safety Code, repairs and improvements to a manufactured home necessary to correct any condition causing the home to be substandard pursuant to Section 1704 of Title 25, California Code of Regulations. Rehabilitation also includes room additions to alleviate overcrowding.
Rehabilitation also means repairs and improvements where necessary to meet any locallyadopted standards used in local rehabilitation Programs. Rehabilitation does not include replacement of personal property.
Rehabilitation includes reconstruction. Reconstruction is defined as the demolition and construction of a structure. The Sponsor and/or Program Operator must document that the reconstruction costs are less than the cost to rehabilitate the existing substandard housing.
This will be done using the State’s Test for Reconstruction (see Attachment J). 101
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Additionally, funded projects the Sponsor must determine that the project’s value after reconstruction (housing and land combined) is less than the Maximum After- Rehabilitation Value for the Sponsor (see Attachment C).
The residential structure to be reconstructed must be a structure with cooking, eating, sleeping, and sanitation facilities which has been legally occupied as a residence within the preceding 12 months. Fifth wheels or recreational vehicles, for example, are not considered dwellings and therefore are not eligible under this Program.
Allowable rehabilitation\reconstruction costs include:
C. Cost of building permits and other related government fees.
D. Cost of architectural, engineering, and other consultant services which are directly related to the rehabilitation of the property.
E. Rehabilitation or Replacement of a manufactured home not on a permanent foundation.
Rehabilitation of a manufactured home may include the replacement of the unit with a used manufactured home and the cost to repair it, as long as the unit has been occupied and not used as a demonstration model. Should the unit meet the criteria for reconstruction a new manufactured home can be used for replacement and all cost associated with the purchase and transportation can be added to the loan.
For manufactured housing/mobile home to stick built replacements:
1. Verification that the owner of the mobile home is also the landowner. The registration certificate and a preliminary title report must be submitted with the Borrower summary package. Any past due registration fees must be paid.
2. Provide written justification as to why the mobile home is being replaced and not repaired.
3. Ensure the new structure is “reasonable” for the size of the current household.
F. Owner-occupied rehabilitation activity delivery fees, pursuant to Section 7733(f), as reimbursement to the Sponsor for the actual costs of services rendered to the homeowner that are incidentally but directly related to the rehabilitation work (e.g. planning, engineering, construction management, including inspections and work writeups). Activity delivery fees are considered part of the total financing; however, are not part of the loan to the Borrower.
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G. Rehabilitation will address the following issues in the order listed. Eligible costs are included for each item.
1. Health and Safety Issues
Eligible costs include, but are not limited to, energy-related improvements, lead-based paint hazard evaluation and reduction activities, improvements for handicapped accessibility, repair or replacement of major housing systems. A driveway may be considered part of rehabilitation if it is determined to be a health and safety issue.
2. Code and Regulation Compliance
Eligible costs include, but are not limited to, additional work required to rehabilitate and modernize a home, and bring it into compliance with current building codes and regulations. Painting and weatherization are included.
3. Demolition
Eligible costs include, but are not limited to, the tear down and disposal of dilapidated structures when they are a part of the reconstruction of an affordable housing unit. If a garage or carport is detached, it may not be rehabilitated but may be demolished, if it is determined to be a health and safety issue.
4. Upgrades
Eligible costs include additional bedrooms and bathrooms if the need can be demonstrated per HUD’s or Sponsor’s overcrowding guidelines. (See Attachment C).
The Program will not fund additions to a home for a den or family room, or for any luxury items.
5. General Property Improvements
General property improvements may include replacement of a stove, oven, refrigerator, dishwasher, and/or garbage disposal; and repair or installation of fencing.
Items such as refrigerators, stoves, and dishwashers that are not built in may be replaced due to incipient failure, or documentedmedical condition ofthe homeowner, and must be of moderate quality. Luxury items (i.e., granite countertops) and certain free standing appliances (i.e., washers and dryers) are not allowed.
All improvements must be physically attached to the property and permanent in nature. Non- code property improvements (fencing, landscaping, driveway, etc.) will be limited to 15 percent of the rehabilitation financing amount. Any cash contribution 103
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by the property owner will be considered a general property improvement and be included in this percentage.
6. Rehabilitation Standards
All repair work related to health and safety conditions will meet Local Building Code standards. The priority will be the elimination of health and safety hazards and code compliance.
6.3. ELIGIBLE PROJECT COSTS/ACTIVITY DELIVERY COSTS
Examples of eligible project related costs for all expenses related to the paperwork for processing and insuring a loan application are listed below. • Appraisal
• Property Report/Title Insurance
• Building Plan
• Termite Report
• Land Survey
• Grading Plan
• Recording Fees
• Flood Insurance, as applicable
Costs are based on charges currently incurred by the Sponsor, or the Program Operator, for these products and/or services. Any cost increases charged to the Sponsor/Program Operator for these products and/or services will be passed on to the homeowner and included in the loan. All fees are subject to change and are driven by the market.
6.4. REPAIR CALLBACKS
Contractors will comply with State law regarding all labor and material warranties. All labor and material shall meet FHA minimum specifications.
7.0. EXCEPTIONS AND SPECIAL CIRCUMSTANCES
7.1. AMENDMENTS
The Sponsor may make amendments to these Participant Guidelines. Any changes made shall be in accordance with federal and state regulations, shall be approved by the Sponsor’s Loan Committee and/or local governing body and submitted to HCD for approval. 104
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7.2. EXCEPTIONS
Any case to which a standard policy or procedure, as stated in the guidelines, does not apply or an applicant treated differently from others of the same class would be an exception.
7.2.1 PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES
A. The Sponsor or its Program Operator may initiate consideration of an exception and prepare a report. This report shall contain a narrative, including the Sponsor’s/Program Operator’s recommended course of action and any written or verbal information supplied by the applicant.
B. The Sponsor shall make a determination of the exception based on the recommendation of the Program Operator. The request can be presented to the Sponsor’s loan committee and/or governing body for decision.
8.0. DISPUTE RESOLUTION AND APPEALS PROCEDURES
8.1. PROGRAM COMPLAINT AND APPEAL PROCEDURE
Complaints concerning the Sponsor’s ADU/JADU Development and Repair Program should be made to the Program Operator first. If unresolved in this manner, the complaint or appeal shall be made in writing and filed with the Sponsor. The Sponsor willthen schedule ameeting withthe Sponsor’s Loan Review Committee. Their written response will be made within thirty (30) working days. If the applicant is not satisfied with the committee's decision, a request for an appeal may be filed with the local governing body. Final appeal may be filed in writing with HCD within one year after denial or the filing of the Project Notice of Completion.
8.2. GRIEVANCES BETWEEN PARTICIPANTS AND CONSTRUCTION CONTRACTOR Contracts signed by the contractor and the participant include the following clause, which provides a procedure for resolution of grievances:
Any controversy arising out of or relating to this Contract, or the breach thereof, shall be submitted to binding arbitration in accordance with the provisions of the California Arbitration Law, Code of Civil Procedure 1280 et seq., and the Rules of the American Arbitration Association. The arbitrator shall have the final authority to order work performed, to order the payment from one party to another, and to order who shall bear the costs of arbitration. Costs to initiate arbitration shall be paid by the party seeking arbitration. Notwithstanding, the party prevailing in any arbitration proceeding shall be entitled to recover from the other all attorney's fees and costs of arbitration. 105
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ATTACHMENT A
Title 25 Section 6914 Gross Income Inclusions
“Gross income” shall mean the anticipated income of a person or family for the twelvemonth period following the date of determination of income. “Income” shall consist of the following:
(a) Except as provided in subdivision (b), “Exclusions”, all payments from all sources received by the family head (even if temporarily absent) and each additional member of the family household who is not a minor shall be included in the annual income of a family. Income shall include, but not be limited to:
(1) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses;
(2) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); (3) Interest and dividends;
(4) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
(5) Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay;
(6) Public Assistance. If the public assistance payment includes any amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus
(B) The maximum amount which the public assistance agency could in fact allow for the family for shelter and utilities,
(7) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts from persons not residing in the dwelling; All regular pay, special pay and allowances of a member of the Armed Forces (whether or 106
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not living in the dwelling) who is head of the family or spouse.
Title 25 Section 6914 Gross Income Exclusions
(b) The following items shall not be considered as income:
(1) Casual, sporadic or irregular gift items;
(2) Amounts which are specifically for or in reimbursement of the cost of medical expenses; (3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses;
(4) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts ofsuch scholarships, or paymentsto veterans, not used for the above purposes of which are available for subsistence are to be included in income;
(5) The special pay to a serviceman head of a family away from home and exposed to hostile fire;
(6) Relocation payments made pursuant to federal, state, or local relocation law; (7) Foster child care payments;
(8) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is an excess of the amount actually charged the eligible household; (9) Payments received pursuant to participation of the following volunteer programs under the ACTION Agency:
(A)National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs.
(B)National Older American Volunteer Program for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE). 107
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ATTACHMENT B
PART 5 ANNUAL INCOME NET FAMILY ASSET INCLUSIONS AND
EXCLUSIONS
This table presents the Part 5 asset inclusions and exclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005).
Statements from 24 CFR Part 5 – Last Modified: January 2005 Inclusions
1. Cash held in savings accounts, checking accounts, safe deposit boxes, homes, etc. For savings accounts, use the current balance. For checking accounts, use the average 6-month balance. Assets held in foreign countries are considered assets.
2. Cash value of revocable trusts available to the applicant.
3. Equity in rental property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and all reasonable costs (e.g., broker fees) that would be incurred in selling the asset. Under HOME, equity in the family's primary residence is not considered in the calculation of assets for owner-occupied rehabilitation projects.
4. Cash value of stocks, bonds, Treasury bills, certificates of deposit and money market accounts.
5. Individual retirement, 401(K), and Keogh accounts (even though withdrawal would result in a penalty).
6. Retirement and pension funds.
7. Cash value of life insurance policies available to the individual before death (e.g., surrender value of a whole life or universal life policy).
8. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc.
9. Lump sum or one-time receipts, such as inheritances, capital gains, lottery winnings, victim's restitution, insurance settlements and other amounts not intended as periodic payments.
10. Mortgages or deeds of trust held by an applicant.
Exclusions
1. Necessary personal property, except as noted in number 8 of Inclusions, such as clothing, furniture, cars and vehicles specially equipped for persons with disabilities.
2. Interest in Indian trust lands.
3. Assets not effectively owned by the applicant. That is, when assets are held in an individual's name, but the assets and any income they earn accrue to the benefit of someone else who is not a member of the household and that other person is responsible for income taxes incurred on income generated by the asset.
4. Equity in cooperatives in which the family lives.
5. Assets not accessible to and that provide no income for the applicant. 108
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6. Term life insurance policies (i.e., where there is no cash value).
7. Assets that are part of an active business. "Business" does not include rental of properties that are held as an investment and not a main occupation.
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ATTACHMENT C
CURRENT INCOME LIMITS FOR THE AREA
(HCD State Limits, effective May 13, 2022)
Number of Persons in Household
1 2 3 4 5 6 7 8
80% of
AMI $43,650 $49,850 $56,100 $62,300 $67,300 $72,300 $77,300 $82,250 *Sponsor will insert the limits for the county in which the Program is located, and will update the income limits annually as HCD provides new information. The link to the official, HCD- maintained, income limits is: http://www.hcd.ca.gov/grants-funding/incomelimits/state-and- federal-income-limits.shtml (choose Official State Income Limits). 110
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ATTACHMENT D
ADU/JADU HOUSING REHABILITATION MARKETING PLAN
SUMMARY
The Sponsor will continue its efforts to market the ADU/JADU Housing Rehabilitation Program in a manner that will reach all community members.
All marketing related to the ADU/JADU Housing Rehabilitation Program is publicized in both English and Spanish. All marketing materials include information identifying the Sponsor’s commitment to fair housing laws and affirmative marketing policy, and are widely distributed.
Equal opportunity is emphasized in written materials and oral presentations. A record is maintained by the Sponsor identifying what marketing materials are used, and when and where they are distributed.
Forms of marketing may include fliers, brochures, newspaper ads, articles and public service announcements. Fliers and brochures are distributed at local government buildings, other public buildings and through the mail, as well as to businesses that assist those not likely to apply without special outreach. Advertisements and articles are published in newspapers that are widely circulated within the community.
Established working relationships with local lending agencies also aid in informing the public by facilitating the distribution of informational fliers to households seeking financial assistance for repairs that are unable to obtain conventional financing.
Informational meetings are offered to potential participants to explain Program requirements.
Often, minimal formal outreach efforts are required as the need for assistance generally exceeds funds available. However, marketing measures are actively performed in order to maintain a healthy interest list.
Characteristics on all applicants and participants are collected and compared with the Sponsor’s demographics. Should the Sponsor find that there are underserved segments of the population, a plan to better serve them will be developed and implemented.
MARKETING FORMS
Fliers Brochures
Newspaper Ads and Articles Public Service Announcements Public Informational Meetings
MARKETING VENUES
Local Government Buildings Local Public Services Buildings Private Businesses Lending Agencies Real Estate Offices Newspaper
Radio Mail
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ATTACHMENT E
RESIDENTIAL ANTI-DISPLACEMENT AND TEMPORARY RELOCATION
PLAN
Version 2
The Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require all grantees of Community Development Block Grant (CDBG) funds or Home Investment Partnership (HOME) funds to follow a written Residential Anti-displacement and Relocation Assistance Plan (Plan) for any activities which could lead to displacement of occupants whose property is receiving funds from these or other federal funding source. Having been developed in response to both aforesaid federal legislations, this Plan is intended to inform the public of the compliance of the City of Arvin (Sponsor) with the requirements of federal regulations 24 CFR 570.606 under state recipient requirements and Section 104(d) of the Housing and Community Development Act of 1974 and 24 CFR 92 of the HOME federal regulations. The Plan will outline reasonable steps, which the Sponsor will take to minimize displacement and ensure compliance with all applicable federal and state relocation requirements. The Sponsor’s governing body has adopted this plan via a formal resolution.
This Plan will affect rehabilitation activities funded by the U.S. Department of Housing and Urban Development (HUD) under the following Program titles: HOME, CDBG, Urban Development Action Grant (UDAG), Special Purpose Grants, Section 108 Loan Guarantee Program, and such other grants as HUD may designate as applicable, which take place within the Sponsor’s jurisdiction limits.
The Sponsor will provide permanent relocation assistance to all eligible “displaced” households either owner occupied or rental occupied units which are permanently displaced by the housing rehabilitation Program (See Section E below.). In addition, the Sponsor will replace all eligible occupied and vacant occupiable low income group dwelling units demolished or converted to a use other than low income group housing as a direct result of rehabilitation activities. This applies to all units assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in the Federal Regulations 24 CFR 570.496(a), Relocation, Displacement and Acquisition: Final Rule dated July 18, 1990 (Section 104(d)) and 49 CFR Part 24, Uniform Relocation Assistance (URA) and Real Property Acquisition Regulations Final Rule and Notice (URA) dated March 2, 1989.
All Sponsor Programs/projects will be implemented in ways consistent with the Sponsor’s commitment to Fair Housing. Participants will not be discriminated against on the basis of race, color, religion, age, ancestry, national origin, sex, familial status, or handicap. The Sponsor will provide equal relocation assistance available 1) to each HUD Low/Mod individual household displaced by the demolition or rehabilitation of housing or by the conversion of a HUD Low/Mod individual dwelling to another use as a direct result of assisted 112
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activities; and 2) to each separate class of HUD Low/Mod individual persons temporarily relocated as a direct result of activities funded by HUD Programs.
A. Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities
Consistent with the goals and objectives of activities assisted under the Act, the Sponsor will take the following steps to minimize the displacement of persons from their homes during housing rehabilitation or reconstruction funded by HUD Programs:
1. Provide proper notices with counseling and referral services to all tenants so that they understand their relocation rights and receive the proper assistance. When necessary, assist permanently displaced persons to find alternate housing in the neighborhood.
2. Stage rehabilitation of assisted households to allow owner occupants and/or tenants to remain during minor rehabilitation.
3. Encourage owner investors to temporarily relocate tenants to other available safe and sanitary vacant units on the project site area during the course of rehabilitation or pay expenses on behalf of replaced tenants.
4. Work with area landlords, real estate brokers, and/or hotel/motel managements to locate vacancies for households facing temporary relocation.
5. When necessary, use public funds, such as CDBG funds, to pay moving costs and provide relocation/displacement payments to households permanently displaced by assisted activities.
B. Lead Based Paint Mitigation Which Causes Temporary Relocation:
On September 15, 2000, the Final Rule for Lead Based Paint Hazard Control went into effect.
Among other things, it requires that federally-funded rehabilitation must use safe work practices so that occupants and workers can be protected from lead hazards. At no time should the tenant- occupant(s) be present in work areas or designated adjacent areas while LHC activities are taking place in any dwelling unit interior, common area, or exterior. As such, occupants may not be allowed to remain in their units during the time that lead-based paint hazards are being created or treated. Once work that causes lead hazards has been completed, and the unit passes clearance, the occupants can return. The tenantoccupants may not reoccupy a work area or adjacent area until post-lead hazard reduction clearance standards have been achieved and verified with laboratory results.
The final rule allows for certain exceptions: Programs:
1. The work will not disturb lead-based paint, or create dust-lead or soil-lead hazard; or
2. The work is on exterior only and openings are sealed to prevent dust from entering the home, the work area is cleaned after the work is completed, and the residents have alternative lead free entry; or
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3. The interior work will be completed in one period of less than 8-daytime hours and the work site is contained to prevent the release of dust into other areas of the home; or
4. The interior work will be completed within five (5) calendar days, the work site is contained to prevent the release of dust, the worksite and areas within 10 feet of the worksite are cleaned at the end of each day to remove any visible dust and debris, and the residents have safe access to kitchen and bath and bedrooms.
If temporary relocation assistance is not provided because the Sponsor believes that the project meets one of the above criteria, then proper documentation must be provided in the rehabilitation project file to show compliance. It is up to the Sponsor to ensure that the owner occupant or tenant in the project does not get impacted by lead paint mitigation efforts. In most cases where lead paint mitigation is taking place, occupants (tenants or owners) will be strongly encouraged to relocate even for just a few days until a final lead clearance can be issued by a certified lead based paint assessor. Occupants who are temporarily relocated because of lead based paint mitigation are entitled to the same relocation assistance as those who are relocated because of substantial rehabilitation or reconstruction activities.
C. Temporary Relocation of Owner Occupants:
Owner occupants are not allowed to stay in units which are hazardous environments during lead based paint mitigation. When their home is having lead based paint mitigation work done which will not make it safe to live in, then they are eligible for temporary relocation assistance up to $5,000, which will be provided as a grant. In the same way, a unit requiring substantial rehabilitation (with or without lead based paint mitigation) which will not allow the family to access a bath or kitchen facility, or if the unit is being demolished and reconstructed, then the family will be eligible fortemporary relocation assistance up to $5,000, which will be provided as a grant.
The housing rehabilitation loan specialist and/or the rehabilitation construction specialist will complete a temporary relocation assistance form (See Appendix C) to document that the owner occupant understandsthat they must relocate during the course of construction and what expenses they wish to be reimbursed for as part of their relocation. Relocation Assistance is a reimbursement of actual expenses and must be supported by invoices. In addition, all relocation costs must be allocable and reasonable. Multiple optionsrelated tomoving expenses and rental units will be explored and the lowest cost option will be selected. Owner occupants are encouraged to seek free moving assistance. If free assistance is not available, the owner occupant’s family and friends can be reimbursed as long as documentation exists in the participant file showing the cost to be less than the alternatives (i.e, moving company, moving/storage pod, etc.). Relocation for a rental unit will be based on reasonableness of accommodations and market rents.
At the time of doing the work write-up, the Sponsor and Owner occupant will estimate the cost for temporary relocation. If unforeseen circumstances make it appear that the estimated amount will not cover the cost of temporary relocation, written change orders will be required.
The change order will state the change and dollar value for the change. The change order must 114
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be signed by both the contractor and the Owner occupant, and submitted to the Program Operator and Sponsor for signature approval. If the change order exceeds the approved grant amount, a report and request for additional Temporary Relocation grant funds may be presented to the Sponsor’s Loan Review Committee for approval prior to the Program Operator signing-off on the change order.
D. Temporary Relocation of Residential Tenants:
If continued occupancy during rehabilitation is judged to constitute a substantial danger to health and safety of the tenant or the public, or is otherwise undesirable because of the nature of the project, the tenant may be required to relocate temporarily. The contract administrator or rehabilitation specialist will make determination of the need for temporary relocation. The temporary relocation period will not exceed 180 days. All conditions of temporary relocation will be reasonable. Any tenant required to relocate temporarily will be helped to find another place to live which is safe, sanitary and of comparable value and they have the first right to move back into the original unit being rehabilitated at the same rent or lower. He or she may move in with family and friends and still receive full or partial temporary assistance based on eligible cost incurred. The housing rehabilitation loan specialist and/or the rehabilitation specialist will ensure that each tenant-occupied unit under the Program will receive a General Information Notice (GIN) (as soon as possible after a loan application is received) and the tenant will receive a Notice of Non-displacement (after loan approval), and each tenantoccupied unit will have a temporary relocation assistance form completed for them. (See Appendix C). These notices will document that each tenant understands what their relocation rights are, and if they must relocate during the course of construction, that they receive the proper counseling and temporary relocation assistance.
A tenant receiving temporary relocation shall receive the following:
1. Increased housing costs (e.g. rent increase, security deposits) and
2. Payment for moving and related expenses, as follows:
a. Transportation of the displaced persons and personal property within 50 miles, unless the grantee determines that farther relocation is justified; b. Packing, crating, unpacking, and uncrating of personal property; c. Storage of personal property, not to exceed 12 months, unless the grantee determines that a longer period is necessary;
d. Disconnection, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property;
e. Insurance for the replacement value of personal property in connection with the move and necessary storage;
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through the fault of the displaced person, his or her agent, or employee) where insurance covering such loss, theft or damage is not reasonably available; g. Reasonable and necessary costs of security deposits required to rent the replacement dwelling;
h. Any costs of credit checks required to rent the replacement dwelling; i. Other moving related expenses as the grantee determines to be reasonable and necessary, except the following ineligible expenses:
1) Interest on a loan to cover moving expenses; or
2) Personal injury; or
3) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the Grantee; or
4) Costs for storage of personal property on real property already owned or leased by the displaced person before the initiation of negotiations.
E. Rehabilitation Activities Requiring Permanent Displacement The Sponsor’s rehabilitation Program will not typically trigger permanent displacement and permanent displacement activities fall outside of the scope of this plan. If a case of permanent displacement is encountered, then the staff responsible for the rehabilitation Program will consult with Sponsor’s legal counsel to decide if they have the capacity to conduct the permanent displacement activity. If local staff does not have the capacity, then a professional relocation consultant will be hired to do the counseling and assistance determination and implementation. If local staff does wish to do the permanent displacement activity then they will consult and follow the HUD Relocation Handbook 1378.
F. Rehabilitation Which Triggers Replacement Housing
If the Sponsor’s rehabilitation Program assists a property where one or more units are eliminated then under Section 104 (d) of the Housing and Community Act of 1974, as amended applies and the Sponsor is required to replace those lost units. An example of this would be a duplex unit which is converted into a single family unit. In all cases where rehabilitation activities will reduce the number of housing units in the jurisdiction, then the Sponsor must document that any lost units are replaced and any occupants of reduced units are given permanent relocation assistance. (This does not apply to reconstruction or replacement housing done under a rehabilitation Program where the existing unit(s) is demolished and replaced with a structure equal in size without the loss in number of units or bedrooms.)
Replacement housing will be provided within three years after the commencement of the demolition or conversion. Before entering into a contract committing the Sponsor to provide fundsfor an activity that will directly result in such demolition or conversion, the Sponsor will make this activity public (through a noticed public hearing and/or publication in a newspaper of general circulation) and submit to the California Department of Housing and Community Development or the appropriate federal authority the following information in writing:
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1. A description of the proposed assisted activity;
2. The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as HUD Low/Mod individual dwelling units as a direct result of the assisted activity;
3. A time schedule for the commencement and completion of the demolition or conversion;
4. The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision of the replacement dwelling units;
6. The basis for concluding that each replacement dwelling unit will remain a HUD Low/Mod individual dwelling unit for at least 10 years from the date of initial occupancy; and,
7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a two-bedroom unit with two one-bedroom units) is consistent with the housing needs of HUD Low/Mod individual households in the jurisdiction.
The Program Operator for the Sponsor is responsible for tracking the replacement of housing and ensuring that it is provided within the required period. The Sponsor is responsible for ensuring requirements are met for notification and provision of relocation assistance, as described in Section 570.606, to any HUD Low/Mod individual displaced by the demolition of any dwelling unit or the conversion of a HUD Low/Mod individual dwelling unit to another use in connection with an assisted activity.
G. Record Keeping and Relocation Disclosures/Notifications The Sponsor will maintain records of occupants of federally funded rehabilitated, reconstructed or demolished property from the start to completion of the project to demonstrate compliance with section 104(d), URA and applicable Program regulations. Each rehabilitation project, which dictates temporary or permanent or replacement activities, will have a project description and documentation of assistance provided. (See sample forms in HUD Relocation Handbook 1378, Chapter 1, Appendix 11, form HUD-40054) Appropriate advisory services will include reasonable advance written notice of (a) the date and approximate duration of the temporary relocation; (b) the address of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (c) the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling.
Notices shall be written in plain, understandable primary language of the persons involved.
Persons who are unable to read and understand the notice (e.g. illiterate, foreign language, or 117
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impaired vision or other disability) will be provided with appropriate translation/communication. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. The notices and process below is only for temporary relocation. If permanent relocation is involved, then other sets of notice, noticing process, and relocation assistance must be applied. (See HUD relocation handbook 1378 for those forms and procedures.) The Temporary Relocation Advisory Notices to be provided are as follows:
1. General Information Notice: As soon as feasible when an owner investor is applying for Federal financing for rehabilitation, reconstruction, or demolition, the tenant of a housing unit will be mailed or hand delivered a General Information Notice that the project has been proposed and that the tenant will be able to occupy his or her present house upon completion of rehabilitation. The tenant will be informed that the rent after rehabilitation will not exceed current rent or 30 percent of his or her average monthly gross household income. The tenant will be informed that if he or she is required to move temporarily so that the rehabilitation can be completed, suitable housing will be made available and he or she will be reimbursed for all reasonable extra expenses. The tenant will be cautioned that he or she will not be provided relocation assistance if he or she decides to move for personal reasons. See Appendix A for sample notice to be delivered personally or by certified mail.
2. Notice of Non Displacement: As soon as feasible when the rehabilitation application has been approved, the tenant will be informed that they will not be permanently displaced and that they are eligible for temporary relocation assistance because of lead based paint mitigation or substantial rehabilitation, or reconstruction of their unit. The tenant will also again be cautioned not to move for personal reasons during rehabilitation, or risk losing relocation assistance. See Appendix B for sample notice to be delivered personally or by certified mail.
3. Disclosure to Occupants of Temporary Relocation Assistance: This form is completed to document that the Sponsor is following its adopted temporary relocation plan for owner occupants and tenants. See Appendix C for a copy of the disclosure form.
4. Other Relocation/Displacement Notices: The above three notices are required for temporary relocation. If the Sponsor is attempting to provide permanent displacement assistance then there are a number of other forms which are required. Staff will consult HUD’s Relocation Handbook 1378 and ensure that all the proper notices are provided for persons who are permanently displaced as a result of housing rehabilitation activitiesfunded by CDBG or other federal Programs.
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APPENDIX A
Dear ,
On (date) , (property owner) submitted an application to the for financial assistance to rehabilitate the building which you occupy at (address) .
This notice is to inform you that, if the assistance is provided and the building is rehabilitated, you will not be displaced. Therefore, we urge you not to move anywhere at this time. (If you do elect to move for reasons of your choice, you will not be provided relocation assistance.) If the application is approved and Federal assistance is provided for the rehabilitation, you will be able to lease and occupy your present apartment (or another suitable, decent, safe and sanitary apartment in the same building) upon completion of the rehabilitation. Of course, you must comply with standard lease terms and conditions.
After the rehabilitation, your initial rent, including the estimated average monthly utility costs, will not exceed the greater of (a) your current rent/average utility costs, or (b) 30 percent of your gross household income. If you must move temporarily so that the rehabilitation can be completed, suitable housing will be made available to you for the temporary period, and you will be reimbursed for all reasonable extra expenses, including all moving costs and any increase in housing costs.
Again, we urge you not to move. If the project is approved, you can be sure that we will make every effort to accommodate your needs. Because Federal assistance would be involved, you would be protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions about our plans, please contact (name) , (title) , at (telephone number), (address) .
Sincerely,
(name) (title)
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APPENDIX B
(date)
Dear :
On (date) , we notified you that the owner of your building had applied for assistance to make extensive repairs to the building. On (date) , the owner's request was approved, and the repairs will begin soon.
This is a notice of non-displacement. You will not be required to move permanently as a result of the rehabilitation. This notice guarantees you the following:
1. You will be able to lease and occupy your present apartment [or another suitable, decent, safe and sanitary apartment in the same building/complex] upon completion of the rehabilitation.
Your monthly rent will remain until after construction is completed. If increased after construction is done, your new rent and estimated average utility costs will not exceed local fair market rents for your community. Of course, you must comply with all the other reasonable terms and conditions of your lease.
2. If you must move temporarily so that the repairs can be completed, you will be reimbursed for all of your extra expenses, including the cost of moving to and from the temporarily occupied unit and any additional housing costs. The temporary unit will be decent, safe and sanitary, and all other conditions of the temporary move will be reasonable.
Since you will have the opportunity to occupy a newly rehabilitated apartment, I urge you not to move. (If you do elect to move for your own reasons, you will not receive any relocation assistance.) We will make every effort to accommodate your needs. Because Federal assistance is involved, you are protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
If you have any questions, please contact (name) , (title), at (phone #) , (address) . Remember; do
not move before we have a chance to discuss your eligibility for assistance. This letter is important to you and should be retained.
Sincerely,
(name and title)
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APPENDIX C
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City of Arvin ADU/JADU Housing Rehabilitation Guidelines
ATTACHMENT F
LOAN SERVICING POLICIES AND PROCEDURES FOR THE CITY OF ARVIN The City of Arvin, hereafter called “Sponsor,” has adopted these policies and procedures in order to preserve itsfinancial interest in properties whose “Borrowers” have been assisted with public funds. The Sponsor will, to the greatest extent possible, follow these policies and procedures, but each loan will be evaluated and handled on a case-by-case basis. The Sponsor has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions that are associated with them.
The Sponsor may, at its discretion, enter into an agreement with a third party to collect and distribute payments and/or complete all loan servicing aspects of the Program.
The policies and procedures are broken down into the following areas: 1) making required monthly payments or voluntary payments on a loan’s principal and interest; 2) required payment of property taxes and insurance; 3) required Request for Notice of Default on all second mortgages; 4) loans with annual occupancy restrictions and certifications 5) required noticing and limitations on any changes in title or use of property; 6) required noticing and process for requesting a subordination during a refinance; 7) processing of foreclosure in case of default on the loan; 8) the Sponsor as Senior Lienholder; and 9) processing of demands and payoffs.
1. Loan Repayments:
The Sponsor will collect monthly payments from those Borrowers who are obligated to do so under Notes that are amortized promissory notes. Late fees will be charged for payments received after the assigned monthly due date.
For Notesthat are deferred payment loans, the Sponsor must accept voluntary payments on the loan. Loan payments will be credited to principal. The Borrower may repay the loan balance at any time with no penalty.
At time of completion, the funds expended on a housing unit will be compared to the Note amount. Any funds not expended at completion will be considered a “principal reduction” and will be applied to the principal loan balance thereby lowering the amount owed by the Borrower. Borrowers will receive a closeout letter after the 30-day retention period indicating the amount of their Note, the credit, and the ending balance on their loan. A copy of this credit along with the final cost break-down will be retained in the Borrower’s file.
The State HOME Program “HOME” has selected the Recapture option of ensuring the affordability of housing acquired by HOME-assisted homebuyers. 122
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There is no affordability period in the Sponsor’s ADU/JADU Housing Rehabilitation Program; therefore, all payments and payoffs received are Program Income.
2. Payment of Property Taxes and Insurance:
As part of keeping the loan from going into default, Borrower must maintain property insurance coverage naming the Sponsor as loss payee. If Borrower fails to maintain the necessary insurance, the Sponsor may use non-grant funds to take out force placed insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.
When a property is located in a 100-year flood plain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance naming the Sponsor as loss payee will be required at close of escrow. The Sponsor must verify the insurance on an annual basis.
Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes, the Sponsor may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan. Wherever possible, the Sponsor encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment.
3. Required Request for Notice of Default:
When the Borrower’s loan is in second position behind an existing first mortgage, it is the Sponsor's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Sponsor’s loan. This document requires any senior lienholder listed in the notice to notify the Sponsor of initiation of a foreclosure action. The Sponsor will then have time to contact the Borrower and assist them inbringing the first loan current, if possible. The Sponsor can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Sponsor is in a third position and receives notification of foreclosure from only one senior lienholder, it is in their best interest to contact any other senior lienholders regarding the status of their loans.
4. Annual Occupancy Verification:
On owner-occupant loans, the Sponsor requires that Borrowers submit utility bills and/or other documentation annually to prove occupancy during the term of the loan.
Occupancy will be verified, reviewed and certified by the submission of the following:
o Proof of occupancy in the form of a copy of a current utility bill; and 123
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o Statement of unit's continued use as primary residence of the owner. o Declaration that other title holders do not reside on the premises; o Verification that Property Taxes are current; and
o Verification of current required insurance policies.
5. Required Noticing and Restrictions on Any Changes of Title or Occupancy:
In all cases where there is a change in title or occupancy or use, the Borrower must notify the Sponsor in writing of any change. Sponsor, or its designated Loan Servicing Agent, and Borrower will work together to ensure the property is kept in compliance with the original Program terms and conditions such that it remains available as an affordable home for lowincome families.
Change from owner-occupant to owner-occupant occurs at a sale. When a new owneroccupant is not low-income, the loan is not assumable and the loan balance is immediately due and payable. If the new owner-occupant qualifies aslow-income, the purchaser may either pay the loan in full or assume all loan repayment obligations of the original owner-occupant, subject to the approval of the Sponsor’s Loan Committee (depends on the HCD Program).
If a transfer of the property occurs through inheritance, the heir (as owner-occupant) may be provided the opportunity to assume the loan at an interest rate based on household size and household income, provided the heir is income eligible. If the heir intends to occupy the property and is not low-income, the balance of the loan is due and payable. If the heir intends to act as an owner-investor, the balance of the loan is due and payable. All such changes are subject to the review and approval of the Sponsor’s Loan Committee.
Change from owner-occupant to owner-investor occurs when an owner-occupant decides to move out and rent the assisted property, or if the property is sold to an investor. If the owner converts any assisted unit from owner-occupied to rental, the loan is due in full.
Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the Sponsor allow for a partial conversion where some of the residence is used for a business but the household still resides in the property. Partial conversions can be allowed if it is reviewed and approved by any and all agencies required by local statute. If the use of the property is converted to a fully non-residential use, the loan balance is due and payable.
The following transfers of interest shall not require the repayment of the ADU/JADU Development & Repair Program loan:
A.transfer to a surviving joint tenant by devise, descent, or operation of law on the death of a 124
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joint tenant;
B. a transfer, in which the transferee is a person who occupies or will occupy the property, which is:
1) a transfer where the spouse becomes an owner of the property; 2) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner of the property; or
3) a transfer into an inter vivos trust in which the Borrower is and remains the beneficiary and occupant of the property.
6. Requests for Subordinations:
When a Borrower wishes to refinance their existing first mortgage, they must submit a subordination request to the Sponsor. The Sponsor will subordinate their loan only when there is no “cash out” as part of the refinance. No cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third-party debt payoffs or additional encumbrances on the property above traditional refinance transaction costs. The refinance should lower the existing housing cost of the household. The total indebtedness on the property should not exceed the current market value except when the Borrower is obtaining a HARP II or other similar federally approved refinance loan. If the HARP II or other similar financing is approved and meets all other requirements, combined Loan-ToValue will not be considered when reviewing the subordination request.
Also, the loan must:
A. be fully amortized and have a fixed interest rate that does not exceed the current market rate, as established by an index identified in the most recent NOFA; B. not have a temporary interest rate buy-down;
C. have a term “all due and payable” that matures prior to or concurrently with the maturity date of the Promissory Note. Therefore, the maturity date of the existing Promissory Note should be modified to coincide with the maturity date of the new first mortgage; and, D. not have a balloon payment due before the maturity date of the Program loan.
Upon receiving the proper documentation from the refinance lender, the request will be considered by the loan committee for review and approval. Upon approval, the escrow company will provide the proper subordination document for execution and recordation by the Sponsor.
7. Process for Loan Foreclosure:
Upon any condition of loan default: 1) non-payment; 2) lack of insurance or property tax payment; 3) change in title or use without approval; or 4) default on senior loans; the Sponsor, or its designated Loan Servicing Agent, will send out a letter to the Borrower notifying them of the default situation. If the default situation continues, the Sponsor may start a formal process of foreclosure.
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When a senior lienholder starts a foreclosure process and the Sponsor is notified via a Request for Notice
of Default, the Sponsor, who is the junior lienholder, may cancel the foreclosure proceedings by "reinstating" the senior lienholder. The reinstatement amount or payoff amount must be obtained by contacting the senior lienholder. This amount will include all delinquent payments, late charges and fees to date. Sponsor must confer with Borrower to determine if, upon paying the senior lienholder current, the Borrower can provide future payments. If this is the case, then the Sponsor may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note.
If the Sponsor determines, based on information on the reinstatement amount and status of Borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lienholder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Sponsor does not have sufficient funds to pay the senior lienholder in full, then they may choose to cure the senior lienholder and foreclose on the property themselves. As long as there is sufficient value in the property, the Sponsor can afford to pay for the foreclosure process and pay off the senior lienholder and retain some or all of their investment.
If the Sponsor decides to reinstate, the senior lienholder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the Sponsor fails to reinstate the senior lienholder before five (5) days prior to the foreclosure sale date, the senior lienholder would then require a full pay off of the balance, plus costs, to cancel foreclosure. If the Sponsor determines the reinstatement and maintenance of the property not to be cost effective and allowsthe seniorlienholder to complete foreclosure, the Sponsor's lien may be eliminated due to insufficient sales proceeds.
8. Sponsor as Senior Lienholder
When the Sponsor is first position as a senior lienholder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Sponsor may consider foreclosure. Sponsor’s staff will consider the following factors before initiating foreclosure:
A.Can the loan be cured and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary?
B. Can the Borrower refinance with a private lender and pay off the Sponsor? C. Can the Borrower sell the property and pay off the Sponsor? D.Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
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E. Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?
If the balance is substantial and all of the above factors have been considered, the Sponsor may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Sponsor to prevent foreclosure (such as, funds to bring a delinquent BMIR current or pay off a DPL).
At the end of thirty days, the Sponsor should contact a reputable foreclosure service or local title company to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lienholders. The service will advise the Sponsor of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Sponsor informed of the progress of the foreclosure proceedings.
When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Sponsor could sell the home themselves under a homebuyer Program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Sponsor could contract with a local real estate broker to list and sell the home and use those funds for Program income-eligible uses.
9. Process Demands and Payoffs:
Requests for demands and payoffs will be processed within the time frame allowed by law.
Sponsor or its designated Loan Servicing Agent is proficient in performing the related calculations. Reconveyance and lien releases would be prepared for processing by a qualified Title Company.
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ATTACHMENT G
CITY OF ARVIN’S FORECLOSURE POLICY
Sponsor As Junior Lienholder
It is the City of Arvin’s (Sponsor’s) policy to prepare and record a "Request for Notice" on all junior liens (any lien after the first position) placed on properties financed by a loan.
This document requires any senior lienholder to notify the Sponsor of initiation (recordation of a "Notice of Default") of a foreclosure only. This is to alert the junior lienholder that they are to monitor the foreclosure with the senior lienholder. When the Sponsor is in a third position and receives notification of foreclosure from only one senior lienholder, it would be in their best interest to contact both senior lienholders regarding the status of their loans.
The junior lienholder may cancel the foreclosure proceedings by "reinstating" the senior lienholder. The reinstatement amount must be obtained by contacting the senior lienholder.
This amount will include all delinquent payments, late charges, advances (fire insurance premiums, property taxes, property protection costs, etc.), and foreclosure costs (fees for legal counsel, recordings, certified mail, etc.)
Once the Sponsor has the information on the reinstatement amount, staff must then determine if it is cost effective to protect their position by reinstating the senior lienholder, keeping them current by submitting a monthly payment thereafter, foreclosing on the property possibly resulting in owning the property at the end of foreclosure, protecting the property against vandalism, and paying marketing costs (readying the home for marketing, paying for yard maintenance, paying a real estate broker a sales commission).
If the Sponsor decides to reinstate, the senior lienholder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the Sponsor fails to reinstate the senior lienholder before five (5) days prior to the foreclosure sale date, the senior lienholder would then require a full pay off of the balance, plus costs, to cancel foreclosure. If the Sponsor determines the reinstatement and maintenance of the property not to be cost effective and allowsthe seniorlienholder to complete foreclosure, the Sponsor's lien may be eliminated due to insufficient sales proceeds.
Sponsor As Senior Lienholder
When the Sponsor is in a first position, or the senior lienholder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Sponsor may considerforeclosure. Sponsor staff will consider the following factors before 128
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initiating foreclosure:
- Can the loan be cured (brought current or paid off) by the owner without foreclosure? - Can the owner refinance with a commercial lender and pay off the Sponsor? - Can the owner sell the property and pay off the Sponsor? - Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
- Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?
If the balance is substantial and all of the above factors have been considered, the Sponsor may opt to initiate foreclosure. The owner must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Sponsor to prevent foreclosure (such as, funds to bring a delinquent BMIR current or pay off a DPL).
At the end of thirty days, the Sponsor should contact a reputable foreclosure service or local title company to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lienholders. The service will advise the Sponsor of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Sponsor informed of the progress of the foreclosure proceedings. When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Sponsor would then contact a real estate broker to market the home.
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ATTACHMENT H CERTIFICATION OFOCCUPANCY CITY OF ARVIN
I/We declare as follows:
(Please Print Occupant/Borrower’s Name(s))
That I/we am/are currently occupying as my/our principal place of residence the real property commonly known as:
(Address)
(City, State, Zip code)
Daytime Phone Number:
Executed on , 20 , at , CA (Date)
(City)
I/We declare under penalty of perjury that the foregoing is true and correct. Signature(s) of all occupants:
Occupant:
Occupant:
Occupant:
Occupant:
Occupant:
Occupant:
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ATTACHMENT K
HOUSING REHABILITATION/RECONSTRUCTION PROGRAM CONTRACTOR
GUIDELINES AND INFORMATION SHEET
SELF-HELP ENTERPRISES
Housing Rehabilitation/Reconstruction Program Contractor Guidelines and Information Sheet
Introduction
The mission of Self-Help Enterprises (SHE) is to work together with low-income families to build and sustain healthy homes and communities.
Though known as a top agricultural production region, the San Joaquin Valley has among the highest poverty rates in the State of California with many rural, unincorporated communities lacking adequate housing, water and sewer services. In particular, the people who provide the source of labor for the agricultural fields can find little except substandard housing in existing stock, and have insufficient income to qualify for standard new home loans. Similarly, the low income, elderly, and handicapped often find themselves trapped in substandard housing.
Through our programs, staff works with cities, counties and residents to help meet the needs of our participants and the communities they call home.
SHE appreciates your interest in improving the housing conditions of low-income families in the San Joaquin Valley. It is our hope that together we can realize the dream of safe and decent housing for the less fortunate in our community.
A.General Program Information
The aim of the ADU/JADU Housing Rehabilitation/Reconstruction Program is to repair or replace houses making life-safety and sanitary upgrades under the standards of the California Building Code (CBC) and the requirements of the State and/or Federal funding sources.
To accomplish this, Self-Help Enterprises (SHE):
1. Assists the jurisdiction to apply for funds providing low-interest financing to eligible Owners so that they can afford to rehabilitate or reconstruct their home or rental unit;
2. Contracts with the jurisdiction to provide technical assistance for the financial and construction aspects of the program; and
3. Keeps projects on schedule, running smoothly, and when problems arise, works with all parties to swiftly resolve those problems.
B. Work Standards
The work must meet all applicable building codes and be done in a competent manner. We expect professional quality. Everything must be functional, visually acceptable, and be built 131
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to California Building Performance Guidelines for Residential Construction Standards.
C. Contractor Eligibility
1. Contractors must be licensed in the State of California as a Class B General Contractor and their license must be in good standing with the Contractors’ State Licensing Board;
2. California law requires Contractors have a minimum of $1,000,000.00 liability insurance, worker’s compensation, and a valid Contractor Bond. Evidence of these must be provided prior to entering into a Construction Contract and insurance must be in force throughout the term of the Contract;
3. Contractors will be checked against the Federal System for Award Management (SAM.gov) for debarred status. Contractors listed on the Excluded Parties List System (EPLS)are ineligible;
4. Contractors must complete an application;
5. Contractors may be asked to participate in project orientation; and
6. Contractors will receive an evaluation after every project.
D. Contractor Suspension/Elimination from Bid List
A Contractor will be moved to the Inactive Contractor List for the reasons identified below and/or if a performance evaluation results in a Below Standard rating. If not permanently eliminated, a Contractor can submit a request to be reinstated to Active status upon correction of the issue or following the time period found in parenthesis by each reason.
1. Contractor fails to return the annual request for confirmation of interest in remaining on the Active Contractor List (Upon Receipt of Confirmation of Interest)
2. Contractor’s license is no longer valid (Upon Proof of Correction)
3. Inability to acquire insurance (Upon Proof of Correction)
4. Failure to finish one or more projects in the time specified in the Contract (One Year)
5. Failure to prove the knowledge and/or ability to perform the work required of any given Contract per the California Building Code (One Year AND Upon Proof of Correction)
6. Quality of work does not meet specifications in the Contract (One Year)
7. Failure to resolve legitimate complaints about the workmanship and/or materials (Permanent Elimination)
8. Evidence of financial problems (One Year AND Proof of Positive Credit/Credit Report)
9. Withdrawal of bids and/or failure to attend bid tours (Six Months)
10. Pressuring Owners to choose a specific Contractor; promising rebates, kickbacks, or additional work not included in the bid documents, or otherwise trying to circumvent the bid process in an unethical or illegal manner (Permanent Elimination)
11. Failure to disclose that the Contractor, or an employee of the Contractor, is the Owner of, or has a financial interest in, the property the Contractor is rehabilitating (Permanent Elimination)
12. Failure to comply with established jurisdiction guidelines and/or standards (Permanent Elimination)
E. Federal/State Requirements
The paperwork required (contracts, bid procedures, payment requisition, etc.) is designed to protect the Contractor’s and Owner’s interests, and it is far less complicated than the typical 132
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federally-funded project.
Three requirements to take note of are:
1. Equal opportunity laws govern the program. Discriminatory practices in the employment of individuals based on race, creed, color, gender, age, religion, or national origin are unacceptable;
2. No jurisdiction or SHE employee can have any direct or indirect financial interest in the work to be performed and cannot have any financial dealings with Contractors or Owners involved in the program; and
3. Neither a Contractor, nor their employee(s) can be the Owner of or have a financial interest in the property, except as an Owner-Builder.
F. Scope of Work
The Owner, working with SHE staff and jurisdiction inspectors, decides on the work. This is specified in the bid documents and any drawings needed.
G.Bid/Contractor Selection
When a home comes up for bid in the area(s) you requested, your name/company will be submitted with other contractors to the family for consideration. If the family selects your name, you will be contacted by a SHE Rehabilitation Specialist to attend a bid tour. Owners have the right to exclude Contractors from the list without justification, and they may request that other qualified Contractors be added. Contractors will be notified via telephone and/or in writing (email, fax, etc.) at least one week prior to each bid tour.
1. Contractors must develop a proven performance record to be awarded multiple contracts. A Contractor develops a proven performance record upon completion of the following steps:
a. All new Contractors who have been awarded their first contract under the Housing Rehabilitation Programs operated by SHE are not eligible to receive additional contracts until the awarded contract is completed and project performance is evaluated by the jurisdiction’s building official or building inspector and SHE’s Rehabilitation Construction Manager or Rehab Specialist (see attached Contractor Project Performance Evaluation). b. After completion and positive evaluation of the first contract, a Contractor may be awarded two contracts but will not be eligible to receive additional contracts until one or both of the two awarded contracts are completed and evaluated.
c. Following the completion of three, positively evaluated contracts, a Contractor is considered to have established a proven performance record. Once a Contractor establishes a proven performance record, that Contractor is eligible to bid and receive multiple contracts.
2. Contractors cannot submit a bid on any property in which they have a vested interest. Such a Contractor may act as an Owner-Builder, subject to standard construction procedures. (Owner- Builders are reimbursed for purchased materials which are verified by invoice/receipt and used on the project, but they are not reimbursed for labor. Reimbursement occurs after the work is completed, inspected by the Building Department as required/applicable, and verified by a SHE Rehabilitation Specialist).
3. Homeowners are encouraged to accept the lowest reasonable bid. Reasonableness is determined by comparing the bids received with the cost estimate prepared by the SHE Rehab Specialist. Bids should be within 10% of SHE’s cost estimate. 133
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4. The total bid amount is non-confidential and available for everyone to see. However, the itemized amounts for each part of the work required with the bid are confidential.
5. Construction Contract is between the Owner and Contractor. Neither the jurisdiction nor SHE is a party to the Contract. The Owner pays for all work specified in the Contract from the loan which he or she has received.
H.Change Orders
All changes in the scope of work must be in writing and approved by the Owner, Contractor, SHE Rehab Specialist, and the jurisdiction. No changes to the scope of work should be handled without a written change order. It is not a sound business practice. The Contractor has no guarantee of payment without an approved, written change order.
I. Loan Funds
Loan funds are safe. A construction account is established with SHE for each project. Before the project starts, the loan funds are on deposit. Since no money can be withdrawn without authorization by the Owner and review by SHE, you can be assured that funds are available to cover the amount of the Contract.
J. Payment
Contractor submits an invoice for a progress payment based on work completed. The invoice must be inspected and approved by the Owner and SHE’s Rehab Specialist prior to payment of the invoice. Generally a contractor will receive payment by mail within two (2) to three (3) weeks after submitting an invoice.
Ten Percent (10%) of each invoice will be withheld and paid to the Contractor thirty-five days after the Notice of Completion has been recorded and all paperwork has been submitted and pick up/punch list work completed.
We look forward to talking to you more about this opportunity. Please feel free to call the office if you would like more information.
Melissa Valdez
Manager – Housing Rehabilitation 559-802-162
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CONTRACTOR PROJECT PERFORMANCE EVALUATION INSTRUCTIONS
I. Introduction
Contractor performance is defined as how a contractor carries out the obligations of the contract. This includes all requirements stated in the contract scope of work, provisions, and SHE’s General Specifications, adherence to the budget or price, and the provision of customer service. The purpose of this document is to establish a standardized process for Self-Help Enterprises (SHE) to identify, document, and communicate performance with contractors and other program, SHE, and City staff. The process used provides staff the ability to identify performance issues, if any, as they arise. The performance evaluation and rating process provides feedback to contractors with below standard, standard, and above standard performance.
Performance evaluations will occur at the end of the life of the contract, no later than 30 calendar days following the final walk-through, clearance of any punch list items, or submission of the contractor’s final invoice, whichever occurs later. SHE will email or mail a copy of the results of the evaluation to the contractor for review and comment. The evaluation process is NOT a collaborative process between the contractor and staff.
Contractors do not participate in the evaluation and rating process. The purpose for sharing the evaluations with the contractor is to provide feedback to the contractor on performance.
All evaluation results will be recorded by SHE to determine eligibility, and Active or Inactive status, of the contractor for future contracting.
II. General Instructions
A.Contractor Notification
Contractor should be made aware of the evaluation process prior to receiving the results of the evaluation. Contractors attending a bid tour will receive a copy of this document to explain the purpose of the evaluation, process, and rating system. Contractors requesting additional information about the evaluation process will be instructed to contact SHE directly.
B. Evaluation Timeline
Performance evaluations must be completed no later than 30 calendar days after the final walk- through, clearance of any punch list items, or submission of the contractor’s final invoice, whichever occurs later. During the 30 calendar days, the evaluation is conducted, the results are sent to the contractor and the contractor is provided 14 calendar days to review the results and submit comments to SHE. There is some flexibility of this time line for unforeseen or unusual circumstances (e.g., a death in the family).
III. Evaluation Process
The staff member(s) conducting the evaluation must be familiar with the contract and the contractor’s performance. Unless otherwise stated in writing, the jurisdiction’s building official or building inspector and SHE’s Rehabilitation Construction Manager or Rehab 135
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Specialist will perform the performance evaluation. These individuals are referred to as the “Evaluators” in performance evaluation related materials.
IV. Below Standard Ratings & Disputes
Performance evaluations may result in a Below Standard rating. If this occurs, the Evaluators will move the contractor from the Active Contractor List to the Inactive Contractor List with reasons noted and send the contractor a letter of explanation along with the copy of his or her evaluation results.
Regardless of the rating given, a contractor may disagree with the evaluation/rating. A contractor must dispute his or her evaluation by submitting comments to SHE within 14 days of receiving his or her copy of the evaluation results. Upon receipt of a dispute, the Evaluators will review the contractor’s comments and respond to the contractor by elaborating on the reasons for the rating given.
V. Evaluation Category Definitions and Factors
The seven categories listed below are used by SHE to assess each contractor’s performance during the contract period. Each evaluation category is described and examples of possible factors provided. Factors listed below that are not applicable can be removed from the list and replaced with applicable factors developed by the Evaluators. While factors can be customized, the descriptions CANNOT.
Each contract is unique and the Evaluators should utilize contract specific factors to evaluate performance under each category. This necessary flexibility may be confusing to contractors and will require thoughtful explanation. If the contractor requires clarification or additional information about the categories or evaluation process, they may contact SHE directly.
A.Quality: The contractor achieved desired outcomes with a minimum of avoidable errors and problems. Work met the requirements, expectations, or desired outcomes as set forth in the contract/scope of work. The work was accurate and complete. The work was done in an efficient and effective manner.
Factors:
• Overall compliance – the contractor complied with the terms and conditions (to include program and funding requirements) of the contract and showed an understanding of agency’s standards and expectations.
• Conformity to specifications – the product or service conformed to the specifications identified in the original solicitation and contractual agreement. The product performed and/or the services were provided as expected.
• Reliability – the rate of product failure was within reasonable limits or repairs and rework was acceptable. • Durability – reasonable period of time lapses before replacement is necessary. • Support – available from the contractor in a reasonable period of time and met the need for assistance.
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• Warranty – reasonable length and provisions of warranty protection offered and problems resolved in a timely fashion.
• State-of-the-art product/service – The contractor offered products and/or services consistent with industry standards. The contractor consistently refreshes product life by adding enhancements.
B. Timeliness: The contractor performed work within the time frames identified or specified in the contract/scope of work and kept the project on schedule.
Factors:
• The contractor delivered product and/or services by date agreed to in the contract. • The contractor met timelines for the submission of deliverables such as reports, plans, invoices, etc.
• The contractor responded/replied to requests for information or assistance in a reasonable period of time.
• The contractor’s average delivery time was comparable to that of other contractors for similar products and/or services.
C. Price/Budget: The contractor effectively managed costs and the value of the product and/or services received supported the costs. The contractor adhered to budget as specified in the contract/scope of work.
Factors:
• Contractor’s invoices were accurate with appropriate backup documentation. • Estimates did not vary from the final invoice.
• There were a low number of variances from the initial agreed to prices and the costs stated on received invoices.
• The contractor was sensitive to costs and demonstrated respect for funding and the agency’s needs.
D.Business Relations/Customer Service: The degree to which the contractor was professional and respectful in its business approach and interactions with the agency.
Factors:
• The contractor was courteous, cooperative, and had a professional approach in all forms of communication.
• The contractor handled complaints efficiently and effectively. • The contractor was knowledgeable about the project and/or had the expertise to provide assistance as requested. • The contractor managed change effectively. • The contractor attempted to resolve problems in a timely manner and followed up with a status report.
• The contractor provided technical support for maintenance, repair, and installation situations. Technical instructions, documentation, and general information was also provided.
• The contractor provided training on the effective use of its products or services.
E. Deliverables/Requirements: The degree to which the contractor was compliant in meeting the 137
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standards of contract requirements and deliverables.
Factors:
• All deliverables submitted were complete, accurate, and submitted within the required timeline using required forms or format, if applicable. • Requirements were demonstrated and/or documented.
F. Safety: The degree to which the contractor mitigated and demonstrated freedom from risk of injury, danger, damage, or loss of life or property.
Factors:
• The contractor complied with all Federal, State, and local laws and regulations concerning the health and safety of workers, the general public, and personal property. • Contractor’s safety record for the project.
G. Dependability: The degree to which contractor demonstrated trustworthiness and reliability.
Factors:
• The contractor was fair, honest, and reasonable in interactions with the agency. • The contractor demonstrated consistency in business operations. • The contractor was sincere in efforts to deliver a quality product and/or services. • The contractor followed through on agreements made with the program/agency.
VI. Contractor Performance Rating Definitions and Factors The following three ratings make up the evaluation rating structure. These rating definitions and factors CANNOT be customized.
A.Below Standard: Contractor performance has been less than standard or satisfactory. This rating encompasses contractors whose performance does not consistently meet expectations defined in the contract/scope of work.
Factors:
• Contractor performance does not consistently meet expectations defined in the contract. • Close supervision of the contractor was required to progress the work. • Work was unsatisfactory and consistently failed to meet expectations. • Lack of cooperation.
• Most performance requirements were not met.
• Significant cost overruns.
• Many schedule slips with negative cost impact.
• Lack of user satisfaction.
B. Standard: Contractor has met all specifications and requirements. This rating includes a range of expected performance as stated in the contract/scope of work to support the project.
Factors:
• Contractor exhibits competency in the assignments and consistently meets the desired expectations of the project.
• Contractor meets standards and objectives and all performance requirements. • Contractor sometimes exceeds expectations.
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• Contractor met overall price.
• Contractor met expectations.
• Deliveries were on time.
• Project schedule was not impacted.
• Adequate user satisfaction.
C.Above Standard: Contractor performance exceeds standard or satisfactory. This rating represents consistent and exceptional performance or consistently superior achievement beyond regular assignments and expectations as stated in the contract/scope of work.
Factors:
• Meeting and exceeding performance requirements.
• Significant positive impact to the project.
• Reduced costs while meeting contract requirements.
• All deliveries on time with some arriving early.
• Significantly exceeded expectations.
• High user satisfaction.
• Highly responsive and proactive.
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VII. CONTRACTOR PERFORMANCE EVALUATION
CONTRACTOR PROJECT PERFORMANCE EVALUATION
File #: Contractor Name: Project:
License #: Project Address:
Project Address: City/State/Zip: City/State/Zip:
Below
Standard Standard Above Standard
Overall Rating:
1. Quality
2. Timeliness
Original Contract Completion Date:
Actual Contract Completion Date:
3. Price/Budget
Original Contract Amount: $
Final Contract Amount: $
4. Business Relations/Customer Service
5. Deliverables/Requirements
6. Safety
7. Dependability
Evaluator Information:
Printed
Name: Organization:
Title: Address:
City/State/Zi
p:
Signature/Date:
Comments:
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PERFORMANCE FACTORS
1. Quality: The contractor achieved desired outcomes with a minimum of avoidable errors and problems. Work met the requirements, expectations, or desired outcomes as set forth in the contract/scope of work. The work was accurate and complete. The work was done in an efficient and effective manner.
FACTORS:
Overall compliance – the contractor complied with the terms and conditions (to include program and funding requirements) of the contract and showed an understanding of agency’s standards and expectations
Conformity to specifications – the product or service conformed to the specifications identified in the original solicitation and contractual agreement.
The product performed and/or the services were provided as expected Reliability – the rate of product failure was within reasonable limits or repairs and rework was acceptable Durability – reasonable period of time lapses before replacement is necessary Support – available from the contractor in a reasonable period of time and met the need for assistance Warranty – reasonable length and provisions of warranty protection offered and problems resolved in a timely fashion
State-of-the-art product/service – The contractor offered products and/or services consistent with industry standards. The contractor consistently refreshes product life by adding enhancements
2. Timeliness: The contractor performed work within the time frames identified or specified in the contract/scope of work and kept the project on schedule.
FACTORS:
The contractor delivered product and/or services by date agreed to in the contract
The contractor met timelines for the submission of deliverables such as reports, plans, invoices, etc.
The contractor responded/replied to requests for information or assistance in a reasonable period of time
The contractor’s average delivery time was comparable to that of other contractors for similar products and/or services
3. Price/Budget: The contractor effectively managed costs and the value of the product and/or services received supported the costs. The contractor adhered to budget as specified in the contract/scope of work.
FACTORS:
Contractor’s invoices were accurate with appropriate backup documentation Estimates did not vary from the final invoice
here were a low number of variances from the initial agreed to prices and the costs stated on received invoices
The contractor was sensitive to costs and demonstrated respect for funding and the agency’s needs
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4. Business Relations/Customer Service: The degree to which the contractor was professional and respectful in its business approach and interactions with the agency.
FACTORS:
The contractor was courteous, cooperative, and had a professional approach in all forms of communication
The contractor handled complaints efficiently and effectively The contractor was knowledgeable about the project and/or had the expertise to provide assistance as requested
The contractor managed change effectively
The contractor attempted to resolve problems in a timely manner and followed up with a status report
The contractor provided technical support for maintenance, repair, and installation situations. Technical instructions, documentation, and general information was also provided
The contractor provided training on the effective use of its products or services
5. Deliverables/Requirements: The degree to which the contractor was compliant in meeting the standards of contract requirements and deliverables.
FACTORS:
All deliverables submitted were complete, accurate, and submitted within the required timeline using required forms or format, if applicable Requirements were demonstrated and/or documented
6. Safety: The degree to which the contractor mitigated and demonstrated freedom from risk of injury, danger, damage, or loss of life or property.
FACTORS:
The contractor complied with all Federal, State, and local laws and regulations concerning the health and safety of workers, the general public, and personal property
Contractor’s safety record for the project
7. Dependability: The degree to which contractor demonstrated trustworthiness and reliability.
FACTORS:
The contractor was fair, honest, and reasonable in interactions with the agency The contractor demonstrated consistency in business operations The contractor was sincere in efforts to deliver a quality product and/or services
The contractor followed through on agreements made with the program/agency
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Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the Award Notification Letter
Dear Christine Viterelli,
Congratulations! This is to inform you that your application is now awarded.
Project: City of Arvin Homeless Navigation
Center
Program: CDBG-CV2 and 3 Allocation
Notification Date: 09/28/2021
Approval Date: 12/03/2021
Approved Amount: $422,720.00
Federal Awards: ORG0008 CDBG-CV-02:
$422,720.00
Agency: U.S. Department of
Housing and Urban
Development
Fiscal Year: 2020
CFDA: 14.228
Total Federal: $422,720.00
Total Match: $0.00
Period of Performance: 08/31/2021 - 08/31/2023
Award/Contract
Number:
20-CDBG-CV2-3-00141
Ein: 95-6006602
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age2of2
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Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the Prohousing Award Notification Letter
Dear Christine Viterelli,
Congratulations! An award package has been created for the following program:
Project: City of Arvin Homeless Navigation Center
Program: CDBG - Non-Housing Competitive (2022)
Approved Amount: $500,000.00
Federal Awards: ORG0042 CDBG - 2022: $500,000.00
Agency: U.S. Department of Housing and Urban
Development
Fiscal Year: 2022
CFDA: 14.228
Total Federal: $500,000.00
Other Awards: No non-federal funds were included in this award.
Total Match: $0.00
Period of Performance: 07/01/2023 - 07/01/2026
Award/Contract
Number:
22-CDBG-NH-00002
Ein: 95-6006602
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Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
May Lee State Office Complex
651 Bannon Street
Sacramento, CA 95811
(916) 263-2771
www.hcd.ca.gov
May 14, 2025
Daniel Borreli, Mayor
City of Arvin
200 Campus Drive
Arvin, CA 93561
RE: ACTION REQUIRED - Notice of Conditional Contract Award To City of Arvin:
This letter is to inform you that the California Department of Housing and Community Development (Department) has conditionally awarded your 2024 City of Arvin Community Development Block Grant (CDBG) application for: Arvin Navigation Center. This Award decision is conditioned upon completion of the corrections to your application listed below. Your application will be reverted to draft, and you have 15 calendar days by 5:00 pm from the date of this letter to complete and submit the required corrections through the eCivis Portal.
If the Department does not receive the required corrections within the 15 calendar days, this conditional award will be rescinded by the Department of Housing & Community Development. Please contact the CDBG representative you received this letter from prior to the above referenced deadline if you need assistance on submitting the corrections through the eCivis portal. Please also notify the CDBG representative when corrections are submitted.
This award information is under embargo from public announcement until otherwise notified by Department staff. Award recipients are precluded from making any public announcements or discussing publicly. The Department will prepare a public announcement, however, the timing for the announcement is not yet set.
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Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
May Lee State Office Complex
651 Bannon Street
Sacramento, CA 95811
(916) 263-2771
www.hcd.ca.gov
Main Application
Main Application Corrections Needed
General Application General Application
Jurisdiction Information • Jurisdiction Name must be City of Arvin UEI
• SAM.gov registration for City of Arvin is
expired. Provide an active SAM.gov
registration
General Threshold General Threshold
Resolution
• Provide the 2025 Resolution using the HCD
approved Resolution template without any
changes to content other than what is in the
fillable fields
• The attesting officer cannot be a person
identified in the Resolution as the authorized
signer
• Provide a printout from the jurisdiction's
website of the current Mayor
Single Audit • Single Audit report indicated finding(s), update the application field and provide documents
Statement of Assurances • Fillable field on page 2 must be the name of the jurisdiction
Public Participation • Provide a copy of the Public Notice, meeting minutes, notes, and presentation materials
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Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
May Lee State Office Complex
651 Bannon Street
Sacramento, CA 95811
(916) 263-2771
www.hcd.ca.gov
Main Application Corrections Needed
NEPA (GA) • Provide fully executed copy of the GA NEPA Budget
• Update the 'Total Amount of New Grant
Dollars' field to $300,000
• Update the Sources and Uses chart to include
only awarded applications
Certifications • Provide clearance letter, not a screenshot Housing Element Housing Element
Housing Element
• NOTE: Housing Element must be in
compliance at the time of Standard Agreement
execution
Sub Application 1
Arvin Navigation Center Corrections Needed
Application Type Application Type
eCivis Budget
• Remove GA amount
• Reduce the Activity amount to match the
amount on the Resolution
• Update the Budget Narrative appropriately
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Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
May Lee State Office Complex
651 Bannon Street
Sacramento, CA 95811
(916) 263-2771
www.hcd.ca.gov
Arvin Navigation Center Corrections Needed
Activity Design Activity Design
Accomplishment Metrics
• Correct the number of beneficiaries. Total
number of assisted persons does not align
with Activity Description
Scope of Work
• Correct the Scope of Work. Task Narrative
and Deliverable Narrative must coordinate
1 to 1 with the tasks and detail what the
Jurisdiction will provide as documentation
of the task being completed.
i.e. Task 1- "Development of Program
Policies, Procedures, Guidelines,
Application, Marketing Plan and Marketing
Materials."
Deliverable 1- "Adopted policies,
guidelines, application, marketing plan and
materials uploaded to application."
Milestones • Milestone #4 cannot be the same as the
final milestone
Activity Specific Questions • Complete all Activity Specific questions Activity Specific Threshold Activity Specific Threshold Site Control • Provide updated lease agreement
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Attachment: Appendix 7- Supporting Information and Documentation_082625 (Authorizing an Application to and Participation in the STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
May Lee State Office Complex
651 Bannon Street
Sacramento, CA 95811
(916) 263-2771
www.hcd.ca.gov
Arvin Navigation Center Corrections Needed
NEPA (Activity)
• Project Location must be the site location
• Remove the Grant Number from the
"Funding Information" section
• Provide fully executed NEPA
If you have any questions regarding this letter, please contact Susan Holt by e-mail at [email protected] or by telephone at (916) 776-7770.
Sincerely,
Susan Holt, CDBG Program Manager
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Staff Report re Authorizing Placement of PC Business onto the Sept 9 th, 2025 City Council Meeting Agenda
Pursuant to AMC 2.24.040.
CITY OF ARVIN
Staff Report
Meeting Date: August 26, 2025
TO: Arvin City Council
FROM: Stephanie Gutierrez, City Attorney
Jeff Jones, City Manager / Finance Director
SUBJECT: Resolution of the City Council Authorizing Placement of Planning Commission Business onto the September 9th City Council Meeting Agenda Pursuant to Arvin Municipal Code Section 2.24.040.
BACKGROUND:
The Planning Commission of the City of Arvin conducts business and holds meetings one time a month. Meetings are held on the third Tuesday of the month, beginning at 6:00 p.m. in the City Council Chambers.
August 19, 2025 Planning Commission Meeting
The regular meeting of the Planning Commission scheduled for August 19th was canceled due to the lack of quorum. Given the short notice of the cancellation, unless the Planning Commission schedules a Special Meeting, the Public Hearings that were scheduled cannot be considered for an additional month.
Arvin Municipal Code
The Arvin Municipal Code provides City Council with a method of expediting Planning Commission project consideration in the event the Planning Commission cannot convene due to lack of quorum. Staff recommends City Council utilize this provision and place the Planning Commission items originally scheduled for August 19th on the City Council agenda for September 9.
STAFF RECOMMENDATION:
Approve Resolution of the City Council Authorizing Placement of Planning Commission Business onto the September 9th City Council Meeting Agenda Pursuant to Arvin Municipal Code Section 2.24.040.
FINANCIAL IMPACT:
The financial impact is limited to the cost of additional public hearing notice to be published pursuant to state law.
ATTACHMENTS:
Resolution Authorizing Placement of Planning Commission Business onto the September 9th City Council Meeting Agenda.
5.E.1
Attachment: Staff Report - Authorizing Placement of PC Business on Sept 9, 2025 CC Mtg Agenda_082625 (Authorizing Placement of PC
Reso Authorizing Placement of Planning Commission Business onto Sept 9, 2025 City Council Meeting Pursuant to AMC 2.24.040.
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN,
CALIFORNIA AUTHORIZING PLACEMENT OF PLANNING
COMMISSION BUSINESS ONTO THE SEPTEMBER 9TH, 2025 CITY
COUNCIL MEETING PURSUANT TO ARVIN MUNICIPAL CODE
SECTION 2.24.040.
WHEREAS, the Planning Commission of the City of Arvin may hold meetings every third Tuesday of the month, beginning at 6:00 p.m. in City Council Chambers located at 200 Campus Drive Arvin, CA 93203; and
WHEREAS, the Planning Commission was scheduled to hold a meeting to consider two (2) Public Hearing items at their August 19, 2025 meeting; and WHEREAS, the Planning Commission meeting scheduled for August 19, 2025 was cancelled due to lack of quorum; and
WHEREAS, in the event that the Planning Commission cannot convene due to a lack of a quorum and there is business of the Planning Commission to be conducted, the City Council, in its sole discretion, may act as the Planning Commission; and WHEREAS, the City Council now desires to act as the Planning Commission, pursuant to Arvin Municipal Code Section 2.24.040.
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby, in its sole discretion, direct the addition of the following Public Hearing Items to the September 9, 2025 City Council meeting:
A. A Public Hearing to Consider Approval of A Resolution of the Planning Commission of the City of Arvin Approving Conditional Use Permit 2025-02 and Site Development Permit 2025-03 Pertaining to a Fiber Equipment Hut, Located at the Northwest Corner of Walnut Drive and Sycamore Road (a portion of APN 192-070-07), including Adoption of a Categorical Exemption for the Project According to Section 15303 of the CEQA Guidelines.
B. A Public Hearing to Consider Approval of A Resolution of the Planning Commission of the City of Arvin Approving Site Development Permit 2025-04 Pertaining to the Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility, located on the southwest corner of Sycamore Road and Meyer Street (a portion of APN 189-353-01), including Adoption of a Categorical Exemption for the Project according to Section 15332 of the CEQA Guidelines.
BE IT FURTHER RESOLVED THAT: City staff is directed to publish notice for the above referenced Public Hearings as may be required by California law.
5.E.2
Attachment: Reso - Authorizing Placement of PC Business on Sept 9, 2025 CC Mtg Agenda_082625 (Authorizing Placement of PC Business
Reso Authorizing Placement of Planning Commission Business onto Sept 9, 2025 City Council Meeting Pursuant to AMC 2.24.040.
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 26th day of August 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:
STEPHANIE GUTIERREZ, City Attorney
Burke, Williams & Sorensen, LLP
Exhibit A: August 19, 2025 Regular Meeting of Arvin Planning Commission Agenda 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 - Authorizing Placement of PC Business on Sept 9, 2025 CC Mtg Agenda_082625 (Authorizing Placement of PC Business
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03)
CITY OF ARVIN
Staff Report
Meeting Date: August 19, 2025
TO: Arvin Planning Commission
FROM: Isaiah Medina, Consultant Planner
Bonique Emerson, AICP, Consultant Planner
Jeff Jones, City Manager/Finance Director
SUBJECT: A Public Hearing to Consider Approval of Conditional Use Permit 2025-02 and Site Development Permit 2025-03 Pertaining to a Fiber Equipment Hut, located at the northwest corner of Walnut Drive and Sycamore Road (a portion of APN 192-070-07), including Adoption of a Categorical Exemption for the Project according to Section 15303 of the CEQA Guidelines
Staff Recommendation:
Staff recommends the Planning Commission conduct a public hearing, receive public testimony, deliberate, and motion to:
1. Adopt a Resolution approving Conditional Use Permit (“CUP”) 2025-02 and Site Development Permit (“SDP”) 2025-03 pertaining to a fiber equipment hut, located at the northwest corner of Sycamore Road and Walnut Drive (a portion of Kern County Assessor’s Parcel Number, “APN” 192-070-07), including adoption of a Categorical Exemption for the project according to Section 15303 of the California Environmental Quality Act (“CEQA”) Guidelines
Executive Summary:
Tilson Technology (the “Applicant”) requests CUP 2025-02 and SDP 2025-03 pertaining to the construction and operation of a “fiber equipment hut,” which will serve as a telecommunications hub supporting fiber optics, located at the northwest corner of Sycamore Road and Walnut Drive, on a portion of APN 192-070-07 (the “Property”).
The fiber equipment hut would consist of a fenced, gravel compound containing an equipment shelter, emergency back-up generator and underground propane tank. The addition will provide state-of-the-art infrastructure to support telecommunications, telephone signals, internet connections, and cable television signals. The fiber equipment hut will not propagate any spectrum itself.
The CUP would allow the public utility building and use on land zoned O-S (Open Space) with a General Plan land use designation of P (Park). The SDP would facilitate the development of the Project site. A Categorical Exemption, according to Section 15303 of the CEQA Guidelines, is recommended for the Project.
Applicable Codes and Procedures:
AMC 17.37 – O-S – Open Space District
AMC 17.56 – Conditional Use Permits
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Packet Pg. 22
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03) AMC 17.60 – Site Development Permits
AMC 17.70 – Site Development Standards
Public Resource Code – 21000 et seq
The Arvin Municipal Code (“AMC”) allows the Planning Commission (“Commission”) to grant or deny approval of CUPs provided that a public hearing is held to review and consider any public testimony. Prior to the public hearing, a staff report, environmental determination, and required findings for the CUP must be made available to the Commission, interested agencies, and the public.
The Commission can approve, approve with conditions, or deny an application for a planning permit, including a CUP and SDP. A permit should be denied if the Commission cannot make the appropriate findings. Project design may be altered, and site improvements may be required to make the Project compatible with nearby uses. In addition, the application may be subject to future review, modification, or revocation by the Commission, as deemed necessary.
Background:
Site Location
The Project Property is located within City limits. The site is located at the northwest corner of Sycamore Road and Walnut Drive. The site is approximately 3,800 square feet (comprising a 50’ x 50’ lease area and a 70’ x 19’-9” access/utility easement) and is a portion of APN 192-070-07 (approx. 1 acre total). The Property is currently vacant.
Project Proposal
The proposed Project includes an application for CUP 2025-02 and SDP 2025-03 to facilitate the construction and operation of a “fiber equipment hut,” as described above.
The proposed telecommunications equipment shelter will be an unmanned fiber equipment hut which will house servers and ancillary equipment. The shelter will comprise of a prefabricated structure with a footprint of 12’-3” x 20’ and a height of 10’-4”. The hut will provide in-line amplification, maintenance, and access to the Middle-Mile broadband network, which is overseen by the California Department of Technology. This portion of the network carries data from core internet connection points to local distribution points that serve homes, businesses, etc.
Setting and Surrounding Uses
As referenced in Table 1, the Property is surrounded by multi-family residential to the north, single-family residential to the east and south, and vacant land to the west. The vacant land to the west has a land use designation of P – Park and is in the O-S – Open Space zone district.
Direction
from site Existing Land Use General Plan Designation Zone District North Multi-Family
Residential Medium Density Residential R-3 - Limited Multiple Family Dwelling East Single-Family
Residential LDR – Low Density Residential R-1 – Single Family Dwelling South Single-Family
Residential LDR – Low Density Residential R-1 – Single Family Dwelling West Vacant P – Park O-S – Open Space
General Plan Land Use Designation
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Packet Pg. 23
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03) The Property has an Arvin General Plan land use designation of P – Park.
The Parks land General Plan use designation is established to provide for “a variety of diversified recreational interests on public lands, including parks, sporting facilities, and picnicking areas.
Recreational facilities such as the Arvin Community Center are also included in this designation.
There are no intensity restrictions that apply to the Parks category. Small neighborhood pocket parks are permitted in all of the land use designations, subject to approval by the City Council.
Typical zoning designation is OS-Open Space.”
Zone District
The Project site is zoned O-S – Open Space, consistent with the General Plan land use designation.
Analysis:
CUP 2025-02
CUP 2025-02 would allow the proposed use of a public utility structure, comprising a “fiber equipment hut” intended to provide in-line amplification and maintenance access to the existing Middle-Mile Broadband Network overseen by the California Department of Technology.
In the O-S zone district, permitted uses are listed as: Environmentally sensitive land, including wetlands, reservoirs, and floodplains; Community based recreational facilities; Courts (basketball, tennis, pickle-ball, etc.); Government office(s) or building(s) and uses; Greenbelts, picnic areas, public parks, playgrounds, sports arenas (indoor and outdoor), swimming pools (public), trails (riding, hiking, bicycling, etc.), wildlife or nature preserve; and other similar parks and recreational uses as determined by the City Council.
While the proposed use of a fiber equipment hut is not a by-right permitted use within the O-S zone district and, therefore, would not be allowed to be operated within said zone district, pursuant to Arvin Municipal Code Chapter 17.56, public utility buildings, structures, and uses may be permitted in any zone upon the granting of a CUP. Staff has found that the proposed fiber equipment hut constitutes an eligible utility-related use making the Project subject to conditional approval via CUP.
SDP 2025-03
SDP 2025-03 would facilitate the development of the Property with the proposed fiber equipment hut and associated improvements. The proposed Site Plan is shown in Attachment C to this report.
Pursuant to AMC Chapter 17.60, a SDP is required to ensure “that certain types of proposed developments will serve to achieve a group of facilities which will be well related one to another, and which, taken together, will result in a well-composed design, and to meet the city ordinances”.
SDPs are required for the following types of development:
• Mobile home parks, travel trailer parks, airports and commercial, industrial, public, and quasi-public building complexes. Multi-family residential development within the R-2, R3, and R-4 Zone District(s) that are not in compliance with Chapter 17.72 Multiple Family Residential Design Review;
• Use of any commercial or industrial structure vacant for more than ninety (90) days. For structures subject to Chapter 17.68 (Commercial - Bear Mountain Central Business District Standards), existing structures vacant for more than sixty (60) days, except that if unusual
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Packet Pg. 24
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03) hardship is shown the City Planner may extend that time by up to an additional one hundred and eighty (180) days;
• Change of use from an existing use to a heretofore new use at that location; • New development, not listed under Chapter 17.05 Uses Permitted Subject to Administrative Approval; or
• Expansion of existing structures, not listed under Chapter 17.05 Uses Permitted Subject to Administrative Approval.
SDPs are subject to review and approval by either the City Planner or the Planning Commission.
Pursuant to AMC Section 17.60.040(C)(2), the Commission is responsible for reviewing and approving SDPs that include:
• New development of one thousand and one (1,001) square feet or more; • Expansion of existing structures by more than fifty (50) percent; • Change of use of existing structures where site improvements are required; • Mobile home parks, travel trailer parks, airports and building complexes encompassing more than one (1) acre;
• All other development requiring a SDP not listed in Subsection C.1 Development Standards (AMC 17.12 / 17.70)
The development standards below apply within the applicable AMC Chapter 17.37 O-S – Open Space district, together with such standards specified in Chapter 17.70 Site Development Standards, apply to all land and structures within the O-S zone district. After each required standard below, there is an analysis of the Project’s compliance.
Site Area (AMC 17.37.060(A))
The minimum site area shall be two thousand and five hundred (2,500) square feet. The proposed Project includes a 50’ x 50’ lease area totaling 2,500 square feet. The prefabricated structure, backup generator, and underground propane tanks are all located within the lease area. The Project also includes an access/utility easement that is 70’ x 19’-9” totaling 1,382.5 square feet. The Project’s total disturbance area is approximately 3,882.5 feet. Therefore, the minimum site area is met.
Lot Frontage and Depth (AMC 17.37.060(B))
There are no lot frontage and depth requirements in the O-S district.
Building Height (AMC 17.37.060(C))
The maximum height shall be thirty-five (35) feet. The maximum height of accessory structures shall not exceed fifteen (15) feet, with exceptions on Section 17.50.030. The height of the proposed prefabricated structure is 10’-4”. Therefore, the maximum height limit will not be exceeded.
Yards (AMC 17.37.060(D))
The required front yard in the O-S district is twenty-five (25) feet. The proposed chain link fence is located thirty-six (36) feet from the right-of-way and the closest structure is the prefabricated structure, which is located approximately forty-two and a half (42.5) feet from the right-of-way.
There are no side or rear yard requirements, except where the OS district abuts a residential district, in which case the required side and rear yard requirements shall be ten (10) feet. The Project is located on a portion of a parcel which abuts a residential district to the north. Therefore, a required side yard of ten (10) feet is required on the northern side of the property. The chain link fence
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Packet Pg. 25
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03) surrounding the Project is approximately one hundred and thirty (130) feet from the northern property line. Therefore, the side yard requirement is met.
Landscape Standards (AMC 17.70.010(A))
A minimum of ten percent (10%) of the developed area shall be landscaped. The Project as proposed does not include any landscaping. As part of the conditions of approval for the Site Development Permit, the applicant shall be required to prepare and submit a landscaping plan to assist in screening the site from public view. The landscaping shall cover the area between the project boundary and the right-of-way along Walnut and Sycamore.
Removal of Obstructions (AMC 17.70.010(B))
Obstructions within street rights-of-way shall be removed. The Project’s frontage along Walnut Drive has been fully improved with curb, gutter, and sidewalk. The Project’s frontage along Sycamore Road is mostly improved, though the Project would not be required to construct any additional road improvements. There are no obstructions present within any right-of-way along the Project’s frontage.
Curb, Gutter and Sidewalk (AMC 17.70.010(C))
Curb, gutter, and sidewalk shall be constructed as required by the subdivision ordinance when required as part of street improvements. Full curb, gutter, and sidewalk improvements have been previously installed along the Project’s frontage on Walnut Drive. The Project proposes a curb cut with sidewalk integration to provide vehicle access on Walnut Drive. The curb cut would be constructed according to Arvin Standards. Partial improvements have been installed on Sycamore Road; however, this Project would not be required to install any additional improvements along Sycamore Road due to the limited nature of the Project.
Drive Areas (AMC 17.70.010(D))
All access drives, parking areas, and vehicle maneuvering areas shall be surfaced with a minimum of two inches (2”) of asphalt, concrete, or paving material of higher quality. The Project proposes a gravel driveway and parking/maneuvering area. The Project site would only need to be accessed periodically for maintenance. Due to the nature of the Project and frequency of access, the Planning Director has determined that the proposed gravel surface is sufficient.
Utility Services (AMC 17.70.010(E))
All new on-site utility services shall be placed underground. The Project will be conditioned to require all new utility service connections be underground.
Water Drainage (AMC 17.70.010(F))
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 department of planning and building, if required. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. The Project will be conditioned to require approval of a grading and drainage plan prior to issuance of a grading permit.
Fire Department Approval (AMC 17.70.010(G))
Fire flows, fire protection facilities, and accessways and safety setbacks shall be as required and approved by the fire department. The Project will be conditioned to require approval by the Kern County Fire Department Office of the Fire Marshall prior to issuance of building permits.
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Packet Pg. 26
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03) Separating Wall (AMC 17.70.010(H))
A separating wall may be required for noise attenuation or to screen residential uses from commercial and industrial uses. The proposed Project is not a commercial or industrial use and anticipated noise levels originating from the proposed Project are not expected to exceed noise standards as outlined in AMC Chapter 9.08 Noise Disturbances and affect nearby sensitive receptors.
Exterior Lighting (AMC 17.70.010(I))
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. Exterior lighting shall be powered by passive energy; for example, solar powered. All buildings must have a lighted address panel placed at approved locations for ease of identification. The Project will be conditioned to ensure all exterior lighting is compliant.
Exterior Mechanical Equipment (AMC 17.70.010(J))
All mechanical, heating, and air conditioning equipment in residential, office, public or institutional uses shall be screened when visible from a public street or from adjoining properties.
The Project will be conditioned to ensure all exterior mechanical equipment is screen from public view.
Trash Receptacles (AMC 17.70.010(K))
All trash receptacles shall be screened with 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 director of planning and building. The Project does not propose a trash receptacle.
Building Design (AMC 17.70.010(L))
Architectural design of all proposed buildings shall be Mediterranean. The proposed Project includes a prefabricated structure that the Planning Director has determined is satisfactory.
Off-street Parking (AMC 17.70.010(N))
Off-street parking shall be provided in accordance with the requirements of Title 17 of this code.
Chapter 17.48 of the AMC outlines parking requirements for specific uses. The closest use type is public service uses which require one (1) space per employee on the largest work shift, plus one (1) space per company vehicle normally stored on the premises. The proposed Project includes a gravel parking area for vehicles accessing the site for maintenance purposes. Additionally, the Project will not generate any public vehicle trips. Therefore, the Project includes sufficient parking.
Signs (AMC 17.70.010(O)).
Signs shall be pre-approved by the planning and building department prior to installation. The Project does not include any proposed signage. Any future signs that wish to be installed on the Project site shall be approved by the City Planner.
Fugitive Dust (AMC 17.70.010(P)).
During all on site grading and construction activities, adequate measures shall be implemented to control fugitive dust. The proposed Project will be conditioned to implement Best Management Practices (BMPs) to control fugitive dust resulting from onsite grading and construction activities.
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Packet Pg. 27
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03) Land Use Plans and Policies
As proposed the Project will be consistent with the Arvin General Plan goals and objectives related to land use.
The General Plan includes policy recommendations for the various physical development aspects of the community. The policies are supported by a set of goals and objectives. The Planning Commission shall refer to the General Plan’s policies, goals, and objectives when deciding on this request.
Below are the General Plan goals, policies, and objectives related to the Project:
Policy LU-1.1: Ensure that all new developments incorporate sound design practices and is compatible with the scale, mass, and character of the surrounding area.
The Project design has been reviewed for conformance and compatibility with the surrounding area. No portion of the Project, as proposed, is incompatible with the scale, mass, or character of the surrounding area. Additionally, conditions will be placed on the Project to ensure that the Project is not detrimental to the surrounding area.
Policy LU-4.1: Encourage infill development on vacant parcels within or adjacent to the City’s existing developed areas.
The Project is an in-fill development, as it is generally surrounded by existing development, on a vacant parcel within the City’s existing developed area. Development of the Project would reduce vacant land, thereby improving the aesthetics of the area, and utilize existing infrastructure.
Other Department Comments
The Project was reviewed by various other City Departments and affected outside agencies. The responses and recommendations have been incorporated in the recommended conditions of approval included in this report.
Conclusion
The proposed Project is consistent with the Arvin General Plan and Zoning Ordinance.
Additionally, as conditioned, there is no evidence that suggests approval of the proposed Project will be detrimental to the public health, safety, and welfare of those residing or working nearby.
To ensure continued compatibility of the site with surrounding uses, conditions of approval have been incorporated.
Environmental Review:
The environmental impacts of the Project have been analyzed in accordance with CEQA. Staff recommend that the Planning Commission find and determine that a Class 3 Categorical Exemption (New Construction or Conversion of Small Structures) set forth in CEQA Guidelines Section 15303 applies to the Project, as it involves the construction of a limited number of new, small structures, the installation of small new equipment and facilities in small structures.
Section 15303 does not explicitly qualify a “small” structure. However, it does provide a few examples; notably, “A store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area”.
The proposed prefabricated equipment shelter is 12’-3” x 20’, totaling 245 square feet, well below
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Packet Pg. 28
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03) the 2500 square foot maximum. Additionally, even accounting for the total 50’ x 50’ lease area which includes the back-up generator and underground propane tanks, the total area is 2,500 square feet, which is the exact maximum under this example. Therefore, it can be determined that the proposed Project would qualify as a small structure under a Class 3 exemption.
Public Hearing Notice:
Public hearing notices were posted in three public places within the City of Arvin: 1) Arvin City Hall, 2) Arvin Police Department, and 3) Community Development Building; posted on the City of Arvin’s website (www.arvin.org), and mailed to property within 300 feet of the site. As of the date of this report, the City has not received any written comment or verbal inquiries regarding this Project.
Planning Commission Findings:
Conditional Use Permit 2025-02
The Planning Commission may approve a CUP as requested, or in modified form, if, on the basis of the application and the testimony submitted, the Commission makes the following findings pursuant to AMC 17.56.025. If the Planning Commission determines that it is not possible to make all of the required findings, the application shall be denied.
A. The use proposed by conditional use permit is consistent with the general plan, any applicable, specific plan, and zoned district designation.
The proposed Project has been reviewed against, and been determined to be consistent with, the Arvin General Plan. There are no Specific Plans applicable to this project site.
The Project is also permitted within the O-S zone district upon the granting of the CUP and is consistent with the requirements of the zone district.
B. The use proposed by conditional use permit is consistent with this Code, including the Zoning Ordinance.
Certain uses may be permitted by the Planning Commission in zones in which they are not permitted by this title where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan. Public utility buildings, structures, and uses are permitted in any zone district upon the granting of a CUP. Additionally, the Conditions of Approval will preserve the integrity and character of the zone district and ensure compliance with the Arvin Municipal Code.
C. The use proposed is not detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood.
The proposed Project will not be detrimental to the health, safety peace, morals, comfort, or general welfare of persons residing or working in the neighborhood. Although, the Project is a non-residential development generally surrounded by residential development, the nature of the Project (unmanned fiber equipment hut) means that impacts to surrounding residents (i.e., traffic, noise, etc.) would be minimal. The conditions of approval limit types of uses that may be objectionable or detrimental to other permitted uses or adverse to the public health, safety, peace, morals, comfort, or general welfare of the City.
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Packet Pg. 29
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03) D. The proposed use is in compliance with all applicable laws and ordinances.
The Project was routed to City departments and affected outside agencies for review and comment. The comments received have been incorporated into the Project’s Conditions of Approval. The proposed Project, as conditioned, will be in compliance with all applicable laws and ordinances.
Site Development Permit 2025-03
In reviewing SDP applications for approval, conditional approval, or denial, the Planning Commission must make the findings set forth below. As indicated, staff finds that all required findings can be satisfied:
1. Compliance with all applicable laws and ordinances.
The Project was routed to various City departments and affected outside agencies for review and comment. The comments received have been incorporated into the Project’s Conditions of Approval. The Project, as conditioned, will be in compliance with all applicable laws and ordinances.
2. Compliance with all applicable city policies duly adopted by a majority vote of the Planning Commission or City Council.
The proposed Project has been reviewed against all applicable City policies and has been determined to be compliant.
3. Conformance to latest accepted planning and engineering standards covering the following areas: site layout, building appearance and structural design, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire protection, access, traffic circulation and parking.
The proposed Project has been reviewed for conformance with the latest accepted planning and engineering standards by City Planning and Engineering staff and for fire protection and access by the Kern County Fire Department. The Project will also be conditioned to ensure future conformance.
Additionally, the Planning Commission shall find that the proposed use will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood.
Planning Commission Action:
The Planning Commission will be acting on CUP 2025-02 and SDP 2025-03 and determine whether to:
1. Adopt a Resolution approving CUP 2025-02 and SDP 2025-03 pertaining to a fiber equipment hut, located at the northwest corner of Sycamore Road and Walnut Drive (a portion of APN 192-070-07), including adoption of a Categorical Exemption for the Project according to Section 15303 of the CEQA Guidelines.
Attachments:
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Packet Pg. 30
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore Fiber Hut (CUP 2025-02, SDP 2025-03) A: Resolution CUP 2025-02 and SDP 2025-03
Exhibit “A-1” – Conditions of Approval for CUP 2025-02
Exhibit “A-2” – Conditions of Approval for SDP 2025-03
B: Aerial Photo
C: Site Plans and Building Elevations
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Packet Pg. 31
Attachment: Staff Report Fiber Hut CUP 2025-02, SDP 2025-03, APN 192-070-07_081925 (Public Hearing: Approval of CUP 2025-02 & SDP 2025-
5.E.3
Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04)
CITY OF ARVIN
Staff Report
Meeting Date: August 19, 2025
TO: Arvin Planning Commission
FROM: Isaiah Medina, Consultant Planner
Luke Risner, Consultant Planner
Jeff Jones, City Manager/Finance Director
SUBJECT: A Public Hearing to Consider Approval of Site Development Permit 2025-04 Pertaining to the Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility, located on the southwest corner of Sycamore Road and Meyer Street (a portion of APN 189-353-01), including Adoption of a Categorical Exemption for the Project according to Section 15332 of the CEQA Guidelines
Staff Recommendation:
Staff recommends the Planning Commission conduct a public hearing, receive public testimony, deliberate, and motion to:
1. Adopt a Resolution approving Site Development Permit 2025-04 pertaining to the Sycamore and Meyer gas station, convenience store, and drive-through facility located on the southwest corner of Sycamore Road and Meyer Street, on a portion of Kern County Assessor’s Parcel Number (“APN”) 189-353-01, including adoption of a Categorical Exemption for the project according to Section 15332 of the California Environmental Quality Act (“CEQA”) Guidelines.
Executive Summary:
Moe Muthana (the “Applicant”), on behalf of Arvin Shopping Center LLC (the “Property Owner”), requests Site Development Permit 2025-04 pertaining to facilitate the development of a gas station, convenience store, and drive-through facility (the “Project”), located on the southwest corner of Sycamore Road and Meyer Street, on a portion of APN 189-353-01 (the “Property”).
The development would include one (1) approximately 7,777 square foot building to be utilized as a convenience store and drive-through facility, one (1) approximately 5,050 square foot gas station canopy, and various on- and off-site improvements, such as landscaping, sidewalk, curb, and gutter.
The Site Development Permit would facilitate the development of the Property. A Categorical Exemption, according to Section 15332 of the CEQA Guidelines, is recommended for the Project.
Applicable Codes and Procedures:
AMC 17.26 – C-2 General Commercial Zone
AMC 17.43 – MUO Pedestrian-Oriented Mixed-Use Overlay Zone AMC 17.60 – Site Development Permits
AMC 17.70 – Site Development Standards
Public Resource Code – 21000 et seq
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Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04) The Arvin Municipal Code (“AMC”) allows the Planning Commission (“Commission”) to grant or deny approval of Site Development Permits provided that a public hearing is held to review and consider any public testimony. Prior to the public hearing, a staff report, environmental determination, and required findings for the use permit must be made available to the Commission, interested agencies, and the public.
The Commission can approve, approve with conditions, or deny an application for a planning permit, including a Site Development Permit (“SDP”). A permit should be denied if the Commission cannot make the appropriate findings. A project’s design may be altered, and site improvements may be required to make the project compatible with nearby uses. In addition, the application may be subject to future review, modification, or revocation by the Commission, as deemed necessary.
Background:
Site Location
The Project site is located within City limits. The site is located on the southwest corner of Sycamore Road and Meyer Street. The proposed development area is located on the west side of N. Walnut St, just north of the northwest corner of N. Walnut and Alderette Drive and directly across from the existing Grow Academy Arvin campus. The site is approximately 1.45 acres and is a portion of APN 189-353-01 (approx. 8.53 acres).
Project Proposal
The proposed Project includes an application for SDP 2025-04 to facilitate the development of a gas station, convenience store, and drive-through facility that is to include one (1) approximately 7,777 square foot building that would house the convenience store and drive-through facility, one (1) approximately 5,050 square foot gas station canopy, and various on- and off-site improvements, such as landscaping, sidewalk, curb, and gutter.
Setting and Surrounding Uses
As referenced in Table 1, the Project site is surrounded by vacant land to the south and west and single-family residential to the north and east. The properties to the south and west are planned and zoned for commercial and residential uses.
Direction
from site Existing Land Use General Plan Designation Zone District North Multiple-Family
Residential
Low and Medium Density
Residential (across Sycamore
Rd)
R-1 – Single-Family Dwelling and
R-3 - Limited Multiple Family
Dwelling (across Sycamore Rd)
East Single-Family
Residential
Low Density Residential (across
Meyer St)
R-1 – Single Family Dwelling
(across Meyer St)
South Vacant General Commercial & High
Density Residential
C-2 – Commercial & R-4 –
Multiple Family Dwelling
West Vacant General Commercial & High
Density Residential
C-2 – Commercial & R-4 –
Multiple Family Dwelling
General Plan Land Use Designation
The Project site has an Arvin General Plan land use designation of GC – General Commercial.
The GC – General Commercial land use designation is established to “permit a wide range of retail, wholesale, and service uses, as well as shopping and office professional complexes.”
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Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04) Typical uses of this land use designation include supermarkets, small clothing stores, drug stores, fast-food and sit-down restaurants, automobile service and gasoline supply, banks and savings and loans establishments, professional offices, medical offices and clinics, motels and hotels, entertainment facilities, and other similar functions.
Zone District
The Project site is located in the C-2 General Commercial Zone, consistent with the General Plan land use designation. The Project site also has the MUO – Mixed Use Overlay, which permits mixed use development.
Analysis:
Site Development Permit 2025-04
SDP 2025-04 is required here for the proposed development of a portion of APN 189-353-01 with the proposed gas station, convenience store, and drive-through facility with one (1) approximately 7,777 square foot building that would house the convenience store and drive through facility, one (1) approximately 5,050 square foot gas station canopy as well as on- and off-site improvements such as landscaping, sidewalk, curb, and gutter. The proposed Site Plan is shown in Attachment C to this report.
Pursuant to AMC Section 17.60.010(A), a SDP is required to ensure “that certain types of proposed developments will serve to achieve a group of facilities which will be well related one to another, and which, taken together, will result in a well-composed design, and to meet the city ordinances.” SDPs are required for the following types of development:
• Mobile home parks, travel trailer parks, airports and commercial, industrial, public, and quasi-public building complexes. Multi-family residential development within the R-2, R3, and R-4 Zone District(s) that are not in compliance with Chapter 17.72 Multiple Family Residential Design Review;
• Use of any commercial or industrial structure vacant for more than ninety (90) days. For structures subject to Chapter 17.68 (Commercial - Bear Mountain Central Business District Standards), existing structures vacant for more than sixty (60) days, except that if unusual hardship is shown the City Planner may extend that time by up to an additional one hundred and eighty (180) days;
• Change of use from an existing use to a heretofore new use at that location; • New development, not listed under Chapter 17.05 Uses Permitted Subject to Administrative Approval; or
Expansion of existing structures, not listed under Chapter 17.05 Uses Permitted Subject to Administrative Approval.
The Project is a new development that is not listed as a use permitted subject to administrative approval under Chapter 17.05.
SDPs are subject to review and approval by either the City Planner or the Planning Commission.
Pursuant to AMC Section 17.60.040(C)(2), the Commission is responsible for reviewing and approving SDPs that include:
• New development of one thousand and one (1,001) square feet or more; • Expansion of existing structures by more than fifty (50) percent; • Change of use of existing structures where site improvements are required;
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Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04) • Mobile home parks, travel trailer parks, airports and building complexes encompassing more than one (1) acre;
• All other development requiring a SDP not listed in Subsection C.1 The Project is a new development greater than 1,000 square feet, and therefore, is subject to Commission review and approval.
Development Standards (AMC 17.26 / 17.70)
The development standards below are within the applicable C-2 – General Commercial Zone, together with such standards specified in Chapter 17.70 Site Development Standards, apply to all land and structures within the C-2 zone district. After each required standard below, there is an analysis of the Project’s compliance.
Height Limitation (AMC 17.26.030)
The maximum height for buildings in the C-2 zone shall be six (6) stories and not to exceed seventy-five (75) feet unless the building sets back from each street, alley and lot line at least one (1) foot for each three (3) feet of height above six (6) stories or seventy-five (75) feet. The Project includes one (1) convenience store and drive-through building that would be 24 feet in height and one (1) gas station canopy structure. The height of the gas station canopy structure is not shown on the site plan nor on elevation plans. Therefore, the Project has been conditioned to provide the height and elevation plans of the gas station canopy to the Planning department for review/approval prior to the issuance of building permits for this structure. All other proposed buildings comply with the height limitations of the AMC.
Front Yard Requirements (AMC 17.26.40)
In the C-2 zone, all buildings shall be located not nearer than forty (40) feet from the centerline of a street. The smallest front yard for the proposed development is 90 feet. Therefore, the minimum front yard requirement is met.
Side Yard Requirements (AMC 17.26.050)
In the C-2 zone, a side yard setback is not required, except that a minimum side yard of ten (10) feet shall be provided when the side property line abuts a street or a residential zone; and a minimum side yard setback of twenty (20) feet, when the side property line abuts an industrial zone. The interior side yard setback for the proposed development is 46 feet, six inches. The street side yard for the proposed development is 137 feet, seven inches and abuts a street on the north and east sides. The subject property does not abut an industrial district. Therefore, the minimum side yard requirement is met.
Rear Yard Requirements (AMC 17.26.060)
In the C-2 zone, a rear yard setback is not required, except that a minimum rear yard of ten (10) feet shall be provided when the rear property line abuts a street or a residential zone; and a minimum rear yard of twenty (20) feet when the rear property line abuts an industrial zone. No rear yard setbacks are required when there is an existing public dedicated and accepted alley abutting the rear property line. The rear yard for the proposed development is 40 feet, six inches.
Therefore, the minimum rear yard requirement is met.
Area Requirements (AMC 17.26.070)
In the C-2 zone, the minimum lot size shall be six thousand (6,000) square feet and all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. The
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Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04) proposed development does not include any dwelling units and is part of a larger APN with an existing lot size of approximately 8.53 acres. Therefore, the minimum area requirement is met.
Required distance between buildings on the same lot (AMC 17.26.080) In the C-2 zone, there shall be no required distance between buildings on the same lot except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. The development does not propose any buildings used for dwelling purposes. Therefore, the distance between buildings requirement does not apply.
Street Trees (AMC 17.43.040(E)(3))
A minimum of one (1) deciduous canopy tree per forty (40) feet of street frontage, or fraction thereof, shall be required. The Project proposes one (1) street tree per thirty (30) feet of street frontage along Sycamore Road and Meyer Street. Therefore, the street tree requirement is met.
Stormwater Management (AMC 17.43.040(F))
The design and development of each site and neighborhood should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover should be maintained/protected to the maximum extent practicable. The Project will be conditioned to ensure all stormwater runoff is compliant.
Commercial Sidewalks for Pedestrian Circulation (AMC 17.43.040(G)(1)(b)) The minimum width of a sidewalk adjoining commercial building entrances shall be twelve (12) feet as measured from the curb face and may be in the form of both existing right-of-way and a recorded pedestrian access and utility easement. The Project has been conditioned to construct a wider sidewalk along the street frontage.
Landscape Standards (AMC 17.70.010(A))
A minimum of ten percent (10%) of the developed area shall be landscaped. The proposed Project requires a minimum of 6,349 square feet of landscaping. The proposed development includes landscaping along the Project’s frontage as well as landscaping along the building frontage. The landscaping and planting plan is shown in Attachment C. The proposed Project includes a total of 6,944 square feet of landscaping. Therefore, the landscape standards are met.
Removal of Obstructions (AMC 17.70.010(B))
Obstructions within street rights-of-way shall be removed. The full right-of-way along the Project’s frontage along Sycamore Road and Meyer Street will be fully improved and no obstructions will be present.
Curb, Gutter and Sidewalk (AMC 17.70.010(C))
Curb, gutter, and sidewalk shall be constructed as required by the subdivision ordinance when required as part of street improvements. Full curb, gutter, and sidewalk improvements will be installed along the Project’s frontage on Sycamore Road and Meyer Street.
Drive Areas (AMC 17.70.010(D))
All access drives, parking areas, and vehicle maneuvering areas shall be surfaced with a minimum of two inches (2”) of asphalt, concrete, or paving material of higher quality. The Project proposes three inches (3”) of asphalt concrete or any approved bituminous surfacing over four inches (4”) of aggregate base material. Therefore, the surfacing requirements are met.
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Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04) Utility Services (AMC 17.71.010(E))
All new on-site utility services shall be placed underground. The Project will be conditioned to provide all new utility service connections underground.
Water Drainage (AMC 17.70.010(F))
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 department of planning and building, if required. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. The Project will be conditioned to require approval of a grading and drainage plan prior to the issuance of a grading permit.
Fire Department Approval (AMC 17.70.010(G))
Fire flows, fire protection facilities, and accessways and safety setbacks shall be as required and approved by the fire department. The Project will be conditioned to require approval by the Kern County Fire Department Office of the Fire Marshall prior to the issuance of building permits.
Separating Wall (AMC 17.70.010(H))
A separating wall may be required for noise attenuation or to screen residential uses from commercial and industrial uses. The proposed Project is not adjacent to any residential uses and anticipated noise levels originating from the proposed Project are not expected to exceed noise standards as outlined in AMC Chapter 9.08 Noise Disturbances and affect nearby sensitive receptors.
Exterior Lighting (AMC 17.70.010(I))
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. Exterior lighting shall be powered by passive energy; for example, solar powered. All buildings must have a lighted address panel placed at approved locations for ease of identification. The Project will be conditioned to ensure all exterior lighting is compliant.
Exterior Mechanical Equipment (AMC 17.70.010(J))
All mechanical, heating, and air conditioning equipment in residential, office, public or institutional uses shall be screened when visible from a public street or from adjoining properties.
The Project will be conditioned to ensure all exterior mechanical equipment is screen from public view.
Trash Receptacles (AMC 17.70.010(K))
All trash receptacles 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 director of planning and building. The proposed Project includes a trash receptacle enclosure on site with block screening wall and has been conditioned to construct an overhead trellis.
Building Design (AMC 17.70.010(L))
Architectural design of all proposed buildings shall be Mediterranean. The proposed Project includes a convenience store/drive-through building that is styled in the modern style. It is in the opinion of staff that the proposed building is visually appealing as proposed, and therefore, would not need to comply with the mediterranean-style requirement.
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Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04) Off-street Parking (AMC 17.70.010(N))
Off-street parking shall be provided in accordance with the requirements of Title 17 of this code.
Pursuant to Title 17 of the AMC, the proposed Project is required to provide a minimum of one (1) space per two hundred fifty (250) square feet of gross floor are of customer sales and service, plus one space per three hundred (300) square feet of storage and/or gross office floor area. The building proposes approximately 6,250 square feet of customer sales and service area and approximately 1,180 square feet of storage and office floor area. Altogether, the development is required to provide a minimum of 28 parking spaces. The development proposes thirty (30) parking spaces. Therefore, the off-street parking requirements of the AMC are met.
Signs (AMC 17.70.010(O)).
Signs shall be pre-approved by the planning and building department prior to installation. The Project does not include any proposed signage. Any future signs that wish to be installed on the Project site shall be approved by the City Planner.
Fugitive Dust (AMC 17.70.010(P)).
During all on site grading and construction activities, adequate measures shall be implemented to control fugitive dust. The proposed Project will be conditioned to implement Best Management Practices (BMPs) to control fugitive dust resulting from on site grading and construction activities.
Height in the Mixed-Use Overlay (AMC 17.43.040(B)).
The maximum building height shall be four stories, not to exceed forty-five (45) feet. Buildings greater than two (2) stories shall have upper story stepbacks. The third and fourth stories facades shall be located not less than five (5) feet from the ground floor façade and not less than ten (10) feet from any property line. However, if residential or non-residential uses abut R-1 or R-2 zones, the maximum building height shall be two and one-half (2½) stories, not to exceed thirty-five (35) feet. The Project proposes one(1) 24 foot tall commercial building that houses the convenience store and drive-through facility and (1) gas station canopy. The height of the gas station canopy structure is not shown on the site plan nor on elevation plans. Therefore, the Project has been conditioned to provide the height and elevation plans of the gas station canopy to the Planning department for review/approval prior to the issuance of building permits for this structure. All other proposed buildings comply with the height limitations of the AMC.
Street Trees in the Mixed Use Overlay (AMC 17.43.040(E)(3)).
A minimum of one (1) deciduous canopy tree per forty (40) feet of street frontage, or fraction thereof, shall be required. The Project proposes one (1) deciduous canopy tree per thirty (30) feet of street frontage. Therefore, the street tree requirements of the AMC are met.
Parking area landscaping and Screening in the Mixed Use Overlay (AMC 17.43.040(E)(4)).
All parking and loading areas fronting public streets or sidewalks, and all parking and loading areas abutting residential districts or uses shall provide: a) a landscaped area at least five (5) feet wide along the public street or sidewalk and b) screening at least three (3) feet in height and not less than fifty percent (50%) opaque. The Project proposes approximately nine feet, six inches (9’- 6”) of landscaped area between the proposed parking along the Sycamore and Meyer street frontage, respectively; however, screening at least 3 feet in height in this area is not shown on the landscape plan. Therefore, the Project has will be conditioned to provide screening at least 3 feet in height along all parking areas that have frontage along the Sycamore and Meyer street frontage.
Land Use Plans and Policies
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Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04) As proposed, the Project will be consistent with the Arvin General Plan goals and objectives related to land use.
The General Plan includes policy recommendations to the various physical development aspects of the community. The policies are support by a set of goals and objectives. The Planning Commission shall refer to the General Plan’s policies, goals, and objectives when deciding on this request.
Below are the General Plan goals, policies, and objectives related to the Project:
Policy LU-1.1: Ensure that all new developments incorporate sound design practices and is compatible with the scale, mass, and character of the surrounding area.
The Project is a new relatively small commercial development in an area without existing commercial services and is compatibly with the scale, mass, and character of the surrounding area.
Policy LU-2.3: Develop the Jewett Square and Meyer/Sycamore opportunity sites as walkable neighborhoods, with assets and amenities that contribute positively to Arvin’s quality of life and civic identity.
The Project is the first development in the Meyer/Sycamore opportunity area and will be conditioned to provide wide sidewalks for a better opportunity for pedestrian activity.
Policy LU-4.1: Encourage infill development on vacant parcels within or adjacent to the City’s existing developed areas.
The Project is an in-fill development project, as it is generally surrounded by existing development, within City limits, and on a vacant parcel within the City’s existing developed area.
Policy LU-10.4: Concentrate existing and future commercial and activity center uses adjacent to high density residential areas.
The overall Project site is adjacent to high density land uses to the west and south. Development of the full site would provide concentrated commercial and activity center uses to the adjacent high density areas.
Policy LU-17.1: Ensure the provision of adequate land for school campuses, according to the level of need identified by the appropriate school districts and private institutions.
The Project is an expansion of an existing public charter school that serves the residents of Arvin and provide enhanced physical education and sport opportunities to students enrolled in the school.
Other Department Comments
The Project was reviewed by various other City Departments and affected outside agencies. The responses and recommendations have been incorporated in the recommended conditions of approval included in this report.
Conclusion
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Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04) The propose Project is consistent with the Arvin General Plan and Zoning Ordinance. Additionally, as conditioned, there is no evidence that suggests approval of the proposed Project will be detrimental to the public health, safety, and welfare of those residing or working nearby. To ensure continued compatibility of the site with surrounding uses, conditions of approval have been incorporated.
Environmental Review:
The environmental impacts of the Project have been analyzed in accordance with the California Environmental Quality Act (CEQA). Staff recommends that the Planning Commission find and determine that a Class 32 Categorical Exemption (In-fill Development) set forth in CEQA Guidelines Section 15332 applies to the Project, as it involves in-fill development that meets all the following conditions:
• The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. • The Project occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses.
• The Project site has no value, as habitat for endangered, rare, or threatened species. • Approval of the project would not result in any significant effects related to traffic, noise, air quality, or water quality.
• The site can be adequately served by all required utilities and public services.
Public Hearing Notice:
Public hearing notices for this Project were posted in two locations on the Property, posted in three public places within the City of Arvin: 1) Arvin City Hall, 2) Arvin Police Department, and 3) Community Development Building; posted on the City of Arvin’s website (www.arvin.org), and mailed to property within 300 feet of the site. As of the date of this report, the City has not received any written comment or verbal inquiries regarding the Project.
Planning Commission Findings:
Site Development Permit 2025-04
In reviewing SDP applications for approval, conditional approval, or denial, the Planning Commission must make the findings set forth below. As indicated, staff finds that all required findings can be satisfied.
1. Compliance with all applicable laws and ordinances.
The proposed Project has been conditioned to ensure compliance with all applicable laws and ordinances. The conditions of approval ensure the proposed Project conforms to all zoning regulations, building and safety codes, environmental regulations, and all other statutory requirements governing development within the City of Arvin. The conditions of approval serve to reinforce legal compliance throughout the life of the proposed Project.
2. Compliance with all applicable city policies duly adopted by a majority vote of the Planning Commission or City Council.
The proposed Project has been reviewed against all applicable City policies, including those formally adopted by the City Council. Staff has determined the proposed Project is consistent with these policies, including those related to land use, infrastructure, and
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Attachment: Staff Reports of 081925 Arvin PC Agenda Items (Authorizing Placement of PC Business onto Council Meeting Agenda of Sept 9,
Staff Report re Sycamore and Meyer Gas Station, Convenience Store, and Drive-through Facility (SDP 2025-04) public safety. The proposed Project supports the City’s broader planning objectives and policy goals, and no deviations from adopted policies are anticipated. .
3. Conformance to latest accepted planning and engineering standards covering the following areas: site layout, building appearance and structural design, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire protection, access, traffic circulation and parking.
The proposed Project has been reviewed for conformance with the latest accepted planning and engineering standards. These include, but are not limited to, standards governing site layout, building appearance and structural design, landscaping, utilities, surface drainage and erosion control measures, fire protection infrastructure, site access, and internal and external traffic circulation. The conditions of approval guarantee ongoing compliance with these standards throughout the development process and operational phase of the Project.
Additionally, the Planning Commission shall find that the proposed use will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood.
Planning Commission Action:
The Planning Commission will be acting on SDP 2025-04 and determine whether to:
1. Adopt a Resolution approving Site Development Permit 2025-04 pertaining to the Sycamore and Meyer gas station, convenience store, and drive-through facility located on the southwest corner of Sycamore Road and Meyer Street, on a portion of APN 189-353- 01, including adoption of a Categorical Exemption for the Project according to Section 15332 of the CEQA Guidelines.
Attachments:
A: Resolution Site Development Permit 2025-04
Exhibit “A” – Conditions of Approval for SDP 2025-04
B: Aerial Photo
C: Site Plan, Floor Plans, Building Elevations, Landscaping Plan
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CITY OF ARVIN
Staff Report
Meeting Date: August 26, 2025
TO: Arvin City Council
FROM: Samuel Lux, P.E., City Engineer
Jeff Jones, City Manager
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin to Approve a Public Works Agreement with Bowman Asphalt, Inc. for the Haven Drive Sewer & Road Rehabilitation Improvement Project Between Meyer Street and Comanche Drive and to Authorize the City Manager to Execute the Agreement.
BACKGROUND:
The City of Arvin solicited competitive bids for the Haven Drive from Comanche Drive to Meyer Street Project. The project scope includes two major components:
1. Sewer Improvements – Installation of new sewer main trunk lines, construction of new manholes, and rehabilitation of existing manholes within Haven Drive and intersecting streets. Work includes trench excavation, shoring, removal of aging sewer lines, installation of PVC trunk lines, and associated surface restoration. Bid Amount: $1,572,830
2. Road Rehabilitation – Full depth roadway reconstruction along Haven Drive from Comanche Drive to Meyer Street using Full Depth Reclamation (FDR) methodology. Work includes selective demolition, curb, gutter, and sidewalk replacement, ADA curb ramps, and new striping and signage. Bid Amount:
$1,373,426
The sewer work will be completed first, with temporary surface restoration provided until road reconstruction begins. Both components are combined under a single construction contract to improve coordination and minimize disruption.
The Notice Inviting Bids was advertised on April 15, 2025, with bids opened on May 7, 2025. The City received a single bid, submitted by Bowman Asphalt, Inc., in the total amount of $2,946,256. This bid was reviewed for compliance and determined to be responsive and responsible. Because only one bid was received, the City sought and obtained approval from the funding agency to award the contract to Bowman Asphalt, Inc.
Following the funding agency’s approval, the City entered into negotiations with the contractor regarding project timing and coordination.
Due to the time required to obtain funding agency approval and complete negotiations, the start of working days for this project will be September 15, 2025.
This project is funded through a combination of Community Development Block Grant (CDBG) funds and other City Capital Improvement Program allocations. The work is subject to Federal prevailing wage requirements under the Davis-Bacon Act,
6.A.1
Attachment: Staff Report - Haven Drive Sewer & Road Rehabilitation Project - Bowman Asphalt Contract (Haven Drive Sewer & Road minority/women-owned business enterprise (MWBE) participation goals, and Section 3 hiring provisions.
ENVIRONMENTAL REVIEW:
The project is categorically exempt under the California Environmental Quality Act (CEQA) Section 15301(c) – Existing Facilities as it consists of repair, maintenance, and minor alterations to existing public infrastructure.
FINANCIAL IMPACT:
This project is funded through the Community Development Block Grant (CDBG) program, with a total grant amount of approximately $3.5 million allocated to support this and other eligible community infrastructure improvements. The contract amount for this project is $2,946,256, with a recommended 10% contingency of $294,626, resulting in a total project authorization of $3,240,882.
RECOMMENDATION:
It is recommended that the City Council:
1. Award the public works construction contract for the Haven Drive Sewer Improvement and Road Rehabilitation Project to Bowman Asphalt, Inc. in the total bid amount and 10% contingency for unforeseen work for a total spending authorization of $3,240,882.
2. Authorize the City Manager, or designee, to execute the Agreement for Public Works Services and all related documents on behalf of the City.
Attachments:
• Resolution of the City Council Approving and Authorizing the Execution of the Public Works Agreement with Bowman Asphalt, Inc.
• Bowman Asphalt, Inc. Bid Proposal
• Public Works Contract
6.A.1
Attachment: Staff Report - Haven Drive Sewer & Road Rehabilitation Project - Bowman Asphalt Contract (Haven Drive Sewer & Road Reso to Approve Public Works Agmt with Bowman Asphalt Inc for Haven Drive CDBG Improvement Project between Meyer St. and Comanche Dr.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
AWARDING A PUBLIC WORKS CONTRACT FOR THE HAVEN DRIVE
SEWER IMPROVEMENT AND ROAD REHABILITATION PROJECT TO
BOWMAN ASPHALT, INC. AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS
WHEREAS, the City of Arvin received Community Development Block Grant (CDBG) funding for the design and construction of sewer improvements and road rehabilitation along Haven Drive from Comanche Drive to Meyer Street; and
WHEREAS, the project scope includes installation of new sewer main trunk lines, construction and rehabilitation of manholes, and full depth roadway reconstruction using Full Depth Reclamation (FDR) methodology; and
WHEREAS, the City previously prepared plans and specifications for the project in accordance with CDBG program requirements; and
WHEREAS, the City remains the lead agency for the project and is responsible for construction contracting and administration; and
WHEREAS, the City issued the project for bid on April 15, 2025, with bids opened on May 7, 2025; and
WHEREAS, the City received a single bid from Bowman Asphalt, Inc. in the amount of $2,946,256, which was reviewed and determined to be complete and responsive; and WHEREAS, the City obtained approval from the funding agency to award the project to Bowman Asphalt, Inc.; and
WHEREAS, due to the time required to secure funding agency approval and coordinate with the contractor, the start of working days for this project will be September 15, 2025; and WHEREAS, City staff determined it to be appropriate to award a contract to Bowman Asphalt, Inc. in the amount of $2,946,256, plus a 10% contingency for unforeseen work, for a total authorized amount of $3,240,882; and
WHEREAS, project funding will come from the CDBG grant, with a total grant allocation of approximately $3.5 million available for this and other eligible community infrastructure improvements.
NOW, THEREFORE, BE IT RESOLVED that the city council of the City of Arvin as follows:
1. The City Council hereby awards the Public Works Contract for the Haven Drive Sewer Improvement and Road Rehabilitation Project to Bowman Asphalt, Inc. in the amount of $2,946,256.
2. The City Council authorizes a 10% contingency in the amount of $294,626 for unforeseen work, resulting in a total authorized amount of $3,240,882.
6.A.2
Attachment: Resolution - Haven Drive Sewer & Road Rehabilitation - Bowman Asphalt Contract (Haven Drive Sewer & Road Improvement Reso to Approve Public Works Agmt with Bowman Asphalt Inc for Haven Drive CDBG Improvement Project between Meyer St. and Comanche Dr.
3. The City Manager, or designee, is authorized and directed to execute the Agreement for Public Works Services and all related documents necessary to implement the 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 26th day of August 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:
STEPHANIE GUTIERREZ, City Attorney
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: Resolution - Haven Drive Sewer & Road Rehabilitation - Bowman Asphalt Contract (Haven Drive Sewer & Road Improvement KHB20151022
1 AGREEMENT NO. ____________
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF ARVIN AND
BOWMAN ASPHALT, INC.
This CONTRACT is entered into this 26th day of August 2025, by and between the CITY OF ARVIN, a general law city and municipal corporation (“the City”) and Bowman Asphalt, Inc, a California corporation (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Two Million Nine Hundred Forty Six Thousand Two Hundred Fifty Six dollars ($2,946,256) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within One Hundred Twenty (120) working days (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
6.A.3
Attachment: Bowman Asphalt, Inc - Attachment-15542 (BWS) (Haven Drive Sewer & Road Improvement Project Contract Award) KHB20151022
2 i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents.
As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
6.A.3
Attachment: Bowman Asphalt, Inc - Attachment-15542 (BWS) (Haven Drive Sewer & Road Improvement Project Contract Award) KHB20151022
3 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
City of Arvin Bowman Asphalt, Inc.
Attn: City Engineer Attn: Jose L. Hernandez
200 Campus Drive 3333 Gibson Street
Arvin, CA 93203 Bakersfield, CA 93308
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Kern County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
6.A.3
Attachment: Bowman Asphalt, Inc - Attachment-15542 (BWS) (Haven Drive Sewer & Road Improvement Project Contract Award) KHB20151022
4 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
“CONTRACTOR”
Bowman Asphalt, Inc. a California
Corporation
By: ____________________________
Lisa Bowman, President/CEO
Date: ___________________________
“CITY”
City of Arvin, a municipal corporation
By: ______________________________
Jeff Jones, City Manager
Date: ____________________________
Bowman Asphalt, Inc. a California
Corporation
By: ____________________________
Jose L. Hernandez, Vice President
Date: ___________________________
ATTEST
By: _____________________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM
Burke, Williams & Sorensen LLP
By: ____________________________
Stephanie Gutierrez, City Attorney
6.A.3
Attachment: Bowman Asphalt, Inc - Attachment-15542 (BWS) (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
6.A.4
Attachment: Bowman Bid Documents (Haven Drive Sewer & Road Improvement Project Contract Award)
CITY OF ARVIN
Staff Report
Meeting Date: August 26, 2025
TO: Arvin City Council
FROM: Samuel Lux, P.E., City Engineer
Jeff Jones, City Manager
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin to Approve a Public Works Agreement with MP Environmental Services, Inc. for the Wastewater Treatment Plant Effluent Pond No. 3 Repairs and to Authorize the City Manager to Execute the Agreement.
BACKGROUND:
The City of Arvin identified the need to repair Effluent Pond No. 3 at the City’s Wastewater Treatment Plant due to deterioration and damage that could impact the facility’s operational reliability and regulatory compliance.
The project scope includes draining the pond, cleaning and removing accumulated solids, repairing and regrading the pond embankments, installing new pond liner material, repairing and/or replacing inlet and outlet structures, and restoring the pond to full operational capacity. The improvements will ensure continued compliance with the City’s Waste Discharge Requirements (WDR) and prolong the service life of the facility.
The City issued a Notice Inviting Bids for the project in accordance with California Public Contract Code requirements. Bids were opened on June 11, 2025, and the City received three bids for the project. After review, MP Environmental Services, Inc. was determined to be the lowest responsible bidder with a total bid amount of $3,127,339.80.
The project is funded through a grant from the California State Water Resources Control Board. The total bid amount is $3,127,339.80, and staff recommends including a 10% contingency for unforeseen work, resulting in a total project authorization of $3,440,073.78.
The bid was reviewed for compliance with the bid specifications and found to be complete and responsive. Based on this review, City staff recommends awarding the contract to MP Environmental Services, Inc.
The City Engineer has confirmed with the contractor that a start of working days of September 9, 2025 is acceptable.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) – Existing Facilities as it involves the repair and maintenance of an existing public facility with no expansion of use.
FINANCIAL IMPACT:
6.B.1
Attachment: Staff Report - WWTP Pond 3 - MP Environmental, Inc Contract (Wastewater Treatment Plant Effluent Pond No. 3 Repairs) Award of this contract will authorize expenditures up to $3,440,073.78 (including contingency), funded by a California State Water Board grant. No General Fund impact is anticipated.
RECOMMENDATION:
It is recommended that the City Council:
1) Award the public works construction contract for the Wastewater Treatment Plant Effluent Pond No. 3 Repairs Project to MP Environmental Services, Inc. in the total bid amount and 10% contingency for unforeseen work for a total spending authorization of $3,440,073.78.
2) Authorize the City Manager, or designee, to execute the Agreement for Public Works Services and all related documents on behalf of the City.
Attachments:
• Resolution of the City Council Approving and Authorizing the Execution of the Public Works Agreement with MP Environmental Services, Inc. • MP Environmental Services, Inc. Bid Proposal
• Public Works Contract
6.B.1
Attachment: Staff Report - WWTP Pond 3 - MP Environmental, Inc Contract (Wastewater Treatment Plant Effluent Pond No. 3 Repairs) KHB20151022
1 AGREEMENT NO. ___________
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF ARVIN AND
MP ENVIRONMENTAL SERVICES, INC
This CONTRACT is entered into this 26th day of August, 2025, by and between the CITY OF ARVIN, a general law city and municipal corporation (“the City”) and MP Environmental Services, Inc, a California corporation (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Three Million One Hundred Twenty Seven Thousand Three Hundred Thirty Nine dollars and 80 cents ($3,127,339.80) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will achieve Substantial Completion of the Work within ninety (90) working days from the Notice to Proceed and shall fully complete the Work within one hundred twenty (120) working days thereafter (the “Contract Time”).
B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
6.B.2
Attachment: PW Agmt with MP Environmental Services, Inc for WWTP Effluent Pond No. 3 Repairs_082625 (Wastewater Treatment Plant KHB20151022
2 i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents.
As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
6.B.2
Attachment: PW Agmt with MP Environmental Services, Inc for WWTP Effluent Pond No. 3 Repairs_082625 (Wastewater Treatment Plant KHB20151022
3 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
City of Arvin MP Environmental, Inc.
Attn: City Engineer Attn: Shawn Calderwood
200 Campus Drive 3400 Manor Street e
Arvin, CA 93203 Bakersfield, CA 93308
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Kern County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection
6.B.2
Attachment: PW Agmt with MP Environmental Services, Inc for WWTP Effluent Pond No. 3 Repairs_082625 (Wastewater Treatment Plant KHB20151022
4 with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
“CONTRACTOR”
MP Environmental Services, Inc. a California
Corporation
By: ____________________________
Shawn Calderwood, Vice President
Date: ___________________________
“CITY”
City of Arvin, a municipal corporation
By: ______________________________
Jeff Jones, City Manager
Date: ____________________________
MP Environmental Services, Inc. a California
Corporation
By: ____________________________
Gina Blankenship, Facility Manager
Date: ___________________________
ATTEST
By: _____________________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM
Burke, Williams & Sorensen LLP
By: ____________________________
Stephanie Gutierrez, City Attorney
6.B.2
Attachment: PW Agmt with MP Environmental Services, Inc for WWTP Effluent Pond No. 3 Repairs_082625 (Wastewater Treatment Plant
6.B.3
Attachment: MP Environmental Services, Inc. Bid Proposal_Redacted (Wastewater Treatment Plant Effluent Pond No. 3 Repairs)
6.B.3
Attachment: MP Environmental Services, Inc. Bid Proposal_Redacted (Wastewater Treatment Plant Effluent Pond No. 3 Repairs)
6.B.3
Attachment: MP Environmental Services, Inc. Bid Proposal_Redacted (Wastewater Treatment Plant Effluent Pond No. 3 Repairs)
6.B.3
Attachment: MP Environmental Services, Inc. Bid Proposal_Redacted (Wastewater Treatment Plant Effluent Pond No. 3 Repairs)
6.B.3
Attachment: MP Environmental Services, Inc. Bid Proposal_Redacted (Wastewater Treatment Plant Effluent Pond No. 3 Repairs)
6.B.3
Attachment: MP Environmental Services, Inc. Bid Proposal_Redacted (Wastewater Treatment Plant Effluent Pond No. 3 Repairs)
6.B.3
Attachment: MP Environmental Services, Inc. Bid Proposal_Redacted (Wastewater Treatment Plant Effluent Pond No. 3 Repairs)
6.B.3
Attachment: MP Environmental Services, Inc. Bid Proposal_Redacted (Wastewater Treatment Plant Effluent Pond No. 3 Repairs)