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Agenda, regular meeting, first session

Arvin City Council
April 14, 2026

Document
Agenda, regular meeting, first session
Meeting
April 14, 2026
Body
Arvin City Council
Pages
31
Original file
23.8 MB
Text extracted from the city's file for reading and search. Open the original on www.arvin.org. That file is the official record.

Ordinance Adopting ZCA 2026-01 Amending Various Chapters of Title 17 ///
///
I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Arvin by title only following a public hearing at a regular meeting thereof held on the 14th day of April 2026, and adopted following a public hearing and second reading at a regular meeting thereof held on the 28th day of April 2026, 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 and Sorensen, LLP

4.A.3
Attachment: DRAFT Ord ZCA26-01 Amend Various Chapters Title 17_CC MTG 041426 (Public Hearing: First Reading - Ordinance Adopting ZCA

Page 31 of 31 ends

Ordinance Adopting ZCA 2026-01 Amending Various Chapters of Title 17 I, _________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.A.3
Attachment: DRAFT Ord ZCA26-01 Amend Various Chapters Title 17_CC MTG 041426 (Public Hearing: First Reading - Ordinance Adopting ZCA

Page 1 of 2 ends

Staff Report re: Approval of Purchase of Police Dispatch Console Upgrades and Patrol Computer Laptop Upgrades Using Fentanyl Misuse and Overdose Prevention Task Force Grant Funds

CITY OF ARVIN
Staff Report
Meeting Date: April 14, 2026
TO: Arvin City Council
FROM: Joseph Huggett, Acting Police Chief
Jeff Jones, City Manager
SUBJECT: Approval of Purchase of Police Dispatch Console Upgrades and Patrol Computer Laptop Upgrades Using Fentanyl Misuse and Overdose Prevention Task Force Grant Funds

BACKGROUND
Kern County is the recipient of funding allocated by the State of California under Assembly Bill 33 (2023) to support the Fentanyl Misuse and Overdose Prevention Task Force. This funding is intended to assist participating public agencies, including the City of Arvin, in addressing fentanyl misuse through enforcement, prevention, data collection, interagency coordination, and public safety infrastructure improvements.

On July 16, 2024, the City of Arvin entered into an Allocation Disbursement Agreement with the County of Kern for Fentanyl Misuse and Overdose Prevention Task Force Grant funds (“Agreement”). The Agreement was subsequently amended to extend the term, allowing the City to allocate grant funds by December 31, 2025, and expend the funds by April 30, 2026, in full compliance with grant requirements.

On December 9, 2025, the City Council adopted Resolution No. 2025‑79, formally authorizing the allocation of grant funds for personnel, training, equipment, and public safety technology necessary to enhance the City’s response to fentanyl misuse and related public safety issues. Among the approved allocations were funding for Police Dispatch Console Upgrades and Patrol Computer Laptop (MDT) Upgrades, recognizing the critical role these systems play in fentanyl related enforcement and emergency response operations.

DISCUSSION
Fentanyl continues to significantly impact public safety in the City of Arvin. Due to staffing limitations, enforcement must be integrated across patrol, dispatch, and investigations. The requested equipment supports this integrated model.

Dispatch Console Upgrades
Dispatch serves as the entry point for nearly all fentanyl related law enforcement activity within the City.

Arvin’s existing dispatch consoles are in urgent need of modernization to effectively support today’s public safety demands. Dispatch personnel routinely handle overdose calls, domestic violence incidents, gang-related activity, and mental health crises, many of which are directly linked to fentanyl use.

Modern dispatch console upgrades will significantly improve call prioritization, real time information sharing, and coordination with responding officers, fire, and medical partners. Enhanced dispatch functionality improves officer safety by ensuring that critical information is accurately captured and relayed during high risk incidents, including fentanyl overdoses and related narcotics enforcement

5.A.1
Attachment: Staff Report Fentanyl Grant Purchases_041426 (Fentanyl Grant - Purchase of Police Dispatch Console Upgrades and Patrol

Page 2 of 2 ends

Staff Report re: Approval of Purchase of Police Dispatch Console Upgrades and Patrol Computer Laptop Upgrades Using Fentanyl Misuse and Overdose Prevention Task Force Grant Funds operations. Upgrading dispatch infrastructure also improves system reliability, reduces downtime, and enhances overall emergency response capability in compliance with the objectives of the Fentanyl Misuse and Overdose Prevention Task Force Grant.

Patrol Computer Laptop Upgrades
Patrol computer laptops serve as the operational extension of dispatch and are utilized during all police calls for service, including overdose events, narcotics interdiction, probation compliance checks, warrant service, and investigative follow-up related to fentanyl activity. Dispatch consoles and patrol laptops must operate on compatible platforms to ensure interoperability, reliability, and officer safety. Aging patrol computers currently limit officers’ ability to access real time data, complete reports efficiently, and maintain secure communication while in the field. Replacing these units with modern, ruggedized laptops will ensure seamless integration with dispatch systems, improve operational efficiency, and support enhanced enforcement and investigative efforts tied to fentanyl misuse and trafficking.

Together, the dispatch console and patrol computer upgrades represent a coordinated technology investment that strengthens the City’s overall public safety infrastructure and directly advances the grant’s enforcement and prevention objectives. Given the size of Arvin’s Police Department, addressing fentanyl related concerns requires the full involvement of the entire department on a daily basis. Ensuring that dispatch personnel and all sworn officers are equipped with modern, interoperable technology is essential to maintaining effective communication, officer safety, and coordinated response across all fentanyl-related calls for service.

FINANCIAL IMPACT
Funding for the proposed purchases is provided through the Fentanyl Misuse and Overdose Prevention Task Force Grant administered by the Kern County. Approval of this item will have no impact on the City’s General Fund.

RECOMMENDATION
Staff recommends that the City Council approve the purchase of (1) Police Dispatch Console Upgrades, as detailed in the attached Airwave Communications Enterprises LA quote totaling $109,630.19, and (2) Patrol Computer Laptop Upgrades, as detailed in the attached Airwave Communications invoice totaling $223,849.90, using Fentanyl Misuse and Overdose Prevention Task Force Grant funds, and authorize the City Manager to execute all necessary agreements and expend funds in accordance with grant requirements.

ATTACHMENTS
A. Dispatch Consoles - Invoice - Airwave Communications Enterprises LA B. Patrol Laptop - Invoice - Airwave Communication
C. Resolution No. 2025‑79

5.A.1
Attachment: Staff Report Fentanyl Grant Purchases_041426 (Fentanyl Grant - Purchase of Police Dispatch Console Upgrades and Patrol

5.A.2
Attachment: Dispatch Consoles - Invoice - Airwave Communications Enterprises LA_Redacted (Fentanyl Grant - Purchase of Police Dispatch Jorge Zamudio
7213 OLD 215 FRONTAGE RD
MORENO VALLEY, CA 92553
(951) 656-5699
2727 SUPPLY AVE
COMMERCE, CA 90040
(323) 725-0998
Quote
bill to:

Arvin Police Department
Bobby Gonzales
200 Campus Drive
Arvin, CA 93203
Estimate Date:

Estimate Number:

Nov-25-2025
2010457944
Total Amount:

Payment Terms: Net 30
$223,849.90
Sales Representative
4425 E. BRUNDAGE LN, STE 300
BAKERSFIELD, CA 93307
(661) 414-5452
75-430 GERALD FORD DRIVE, STE 203
PALM DESERT, CA 92211
(760) 834-8967
Expiration Date Dec-25-2025
414 SOUTH J STREET
IMPERIAL, CA. 92251
(760) 355-2804
Arvin Police Department
Bobby Gonzales
200 Campus Drive
Arvin, CA 93203
Estimate Date:

Net 30
Estimate Amount: $223,849.90
Payment Terms:

Estimate Number: 2010457944
11/25/2025
Details
Item
Price
Quantity Total
Price
Description
Ship To: Summary:

Airmisc $5,604.28 25 $140,106.98
PANASONIC TOUGHBOOK 40
Airmisc $1,161.06 25 $29,026.50
HA-40LVDS0L Havis Lite Vehicle Dock (no pass) for Panasonic Toughbook 40. Includes LIND power supply. USB-a (3), Serial Ethernet (2). Included diagnostic LED, one front USB-C, rear USB-Cs are 10 Gbps and 1.5A.

Airmisc $666.54 25 $16,663.50
FZ-BAZ2332IS Pre-installed 32GB memory (RAM) for FZ-40 Mk2 NOTES* $0.00 1 $0.00

WARRANTY
Airmisc $502.08 25 $12,552.00
CF-SVCLTNF3YR Protection Plus Warranty- FZ40 and FZ-55 Laptop (Years 1,2,3,4,5) Airmisc $306.22 25 $7,655.55
CF-SVCLTEXT2Y Panasonic Toughbook Premier Deployment. Imaging and burn in of equipment. Device Imaging. Asset Tagging, Logo Badge
Vendor Shipping/ Freight $850.00 1 $850.00
Shipping & Handling
NOTES* $0.00 1 $0.00
This quote is for the Panasonic Toughbook 40 and will use the customers existing cradle points
$0.00 1 $0.00
Airwave Communication Ent. | 7213 Old 215 Frontage Road | Moreno Valley, CA | 92553 Phone: T: 951.656.5699 | www.airwavecommunication.com
Question?
Contact us using the information on the right.

Airwave Communication Ent. | Moreno Valley, CA | Commerce, CA | Palm Desert, CA | Imperial, CA | Bakersfield, CA | airwavecommunication.com
1/3

5.A.3
Attachment: Patrol Laptop - Invoice - Airwave Communication (Fentanyl Grant - Purchase of Police Dispatch Console Upgrades and Patrol Jorge Zamudio
7213 OLD 215 FRONTAGE RD
MORENO VALLEY, CA 92553
(951) 656-5699
2727 SUPPLY AVE
COMMERCE, CA 90040
(323) 725-0998
Quote
bill to:

Arvin Police Department
Bobby Gonzales
200 Campus Drive
Arvin, CA 93203
Estimate Date:

Estimate Number:

Nov-25-2025
2010457944
Total Amount:

Payment Terms: Net 30
$223,849.90
Sales Representative
4425 E. BRUNDAGE LN, STE 300
BAKERSFIELD, CA 93307
(661) 414-5452
75-430 GERALD FORD DRIVE, STE 203
PALM DESERT, CA 92211
(760) 834-8967
Expiration Date Dec-25-2025
414 SOUTH J STREET
IMPERIAL, CA. 92251
(760) 355-2804
Arvin Police Department
Bobby Gonzales
200 Campus Drive
Arvin, CA 93203
Estimate Date:

Net 30
Estimate Amount: $223,849.90
Payment Terms:

Estimate Number: 2010457944
11/25/2025
Details
Item
Price
Quantity Total
Price
Description
Ship To: Summary:

Sales Tax: $16,995.37
Subtotal: $206,854.53
Total: $223,849.90
Thank you for your business.

Airwave Communication Ent. | 7213 Old 215 Frontage Road | Moreno Valley, CA | 92553 Phone: T: 951.656.5699 | www.airwavecommunication.com
Question?
Contact us using the information on the right.

Airwave Communication Ent. | Moreno Valley, CA | Commerce, CA | Palm Desert, CA | Imperial, CA | Bakersfield, CA | airwavecommunication.com
2/3

5.A.3
Attachment: Patrol Laptop - Invoice - Airwave Communication (Fentanyl Grant - Purchase of Police Dispatch Console Upgrades and Patrol Disclaimer:

This quote is for the named party only and not for distribution. It is a standard quote provided without prior coverage testing. Airwave Communications reserves the right to charge for time and effort in gathering this information if intended for RFP/RFQ or similar purposes. We are not responsible for equipment failures due to testing, programming, or rebooting from age, wear, tear, or factors beyond our control. Additional charges apply for delays causing "stand-by-time" during the job. Monitoring provides a snapshot of frequency noise at the time of testing and does not guarantee against interference. Additional parts and work outside the Schedule of Work will be billed at time and material rates. The seller reserves the right to make design improvements to the goods without notice. Airwave reserves the right to correct any errors in prices or quantities for products or services. Prevailing Wage is assumed not required.

Delays in radio unit availability on programming day may result in extra charges.

Payment Terms:

One hundred percent (100%) of the balance is due as per the agreed net terms from the invoice date. For sales over ten thousand dollars ($10,000), thirty percent (30%) is due upon PO issuance, another thirty percent (30%) upon receipt of equipment or parts at our facility, and the remaining balance upon delivery or pickup. These terms may be modified in writing. Invoices not paid within the agreed net terms will incur a charge of 0.833% of the balance per month (equivalent to ten percent (10%) per annum), as permitted by California law. A seven (7) day grace period applies before late fees accrue.

Customers will be notified of late fees within ten (10) business days of their addition. Payments will first apply to outstanding late fees, then to the principal balance. Disputes over late fees must be submitted in writing within thirty (30) days. These terms are subject to change with thirty (30) days notice. Invoices unpaid for over ninety (90) days may be referred to a collection agency, and customers will be responsible for additional collection fees. These terms are governed by California law. A three-and-a-half percent (3.5%) service fee applies to credit card transactions.

Customer to Provide:

FCC frequency(s) and channel setting(s), 110 A/C power at the agreed equipment location, site access, shaded area, Wi-Fi access (if needed), clear radio placement instructions
(dash/console/desktop/rack, etc.), conduit between rooms or roof, and a lift (if required). For outfitting, vehicle drop-off and pickup must be as scheduled. All personal belongings, weapons, gear, etc., must be removed before delivery. We are not responsible for items left in vehicles. Stand-by time, waiting for POC, vehicles, or delays will be charged at time and materials rates.

Return:

A Return Authorization (RA) number must be requested and issued before returning any products to Airwave Communication. Most products may be returned within thirty (30) days of shipment without a restocking fee if in original packaging and condition for resale. After thirty (30) days, a twenty percent (20%) restocking fee will apply, with a net account credit but no refund unless agreed upon in writing in advance. Credits or refunds for returns will not include prior shipping or service charges. Special or custom orders are non-refundable.

Some parts may be substituted.

Cancellation:

Buyer may cancel an order only with the seller’s written consent, and the seller is entitled to reasonable cancellation charges, including but not limited to labor, material, and overhead expenses. The seller reserves the right to deduct cancellation charges from any advance payment received from the buyer.

Radio Repair:

The price includes parts and return shipping to the customer.

The customer is responsible for shipping the radios to Airwave's facility. If a radio is deemed unrepairable, it can either be returned to the customer or recycled by Airwave for a $65.00 fee, plus shipping and handling (based on actual cost). Any unclaimed units after 90 days will be recycled. This fee can be waived if a new radio unit is purchased as a replacement. A $65.00 diagnostic fee will apply if the in-house repair rate is not approved by the customer. There is a 90-day warranty on labor.

Both original and aftermarket parts may be used. A $25
shipping and handling fee applies to radios under manufacturer warranty. This rate does not cover liquid or physical damage, engraving, licensing, or accessories (batteries, antennas, mics, etc.). Programming is an additional fee if required. Prices are subject to change without notice.

Rentals:

A minimum 3-day rental charge applies. The quoted equipment is for general use. Specific building layouts, vehicle designs, or topological conditions may require additional equipment. FCC itinerant channels are shared commercial frequencies; Airwave does not guarantee service continuity or protection from interference. Prices and promotions are subject to expiration; please consult your Airwave representative for details.

Additional taxes, fees, and other charges may apply. Rental equipment reservations require a 30-day advance notice. The customer is solely responsible for the equipment. Service repairs or alterations to rental equipment are prohibited without prior written authorization from Airwave. The customer will be charged the full retail price for any lost, stolen, or damaged equipment. Additional charges apply for usage beyond the agreed rental period.

Basic Service Agreements:

Includes: Repairs for failures due to normal wear, one annual preventative service check per unit, software/firmware
upgrades, discounts on loaner radios, and services during normal business hours. Excludes: Tax, shipping & handling, pickup or delivery, batteries, antennas, accessories, and damage due to physical or liquid causes. For more details, please refer to the terms and conditions or contact your Airwave representative.

Data Privacy:

Airwave Communication will not share your personal data with any third party, except as necessary to provide and maintain services under these Terms and Conditions.

Important Pricing & Supply Chain Notice:

Recent changes in U.S. trade policy—including the
implementation of new tariffs on select foreign imports—have impacted the cost structure of components used across our product portfolio. Combined with ongoing volatility in the national supply chain, customers may experience extended lead times and price fluctuations for certain products and services. Airwave can only guarantee pricing for 30 days from the date the quote is issued. After 30 days, a new quote must be provided to reflect any manufacturer cost adjustments. For the most up-to-date pricing and availability, please consult your Airwave representative.

Modifications or Additions to Terms and Conditions:

No modifications, additions, or waivers of any of these terms and conditions shall be binding unless provided in writing and agreed upon by the Seller.
3/3

5.A.3
Attachment: Patrol Laptop - Invoice - Airwave Communication (Fentanyl Grant - Purchase of Police Dispatch Console Upgrades and Patrol

5.A.4
Attachment: 2025-79 Reso re Allocation of Funds Pursuant to Fentanyl Misuse and Overdose Prevention Task Force Grant_120925_Redacted

5.A.4
Attachment: 2025-79 Reso re Allocation of Funds Pursuant to Fentanyl Misuse and Overdose Prevention Task Force Grant_120925_Redacted

Page 1 of 3 ends

Staff Report re Discussion of Draft City Council Policies and Procedures

CITY OF ARVIN
Staff Report
Meeting Date: April 14, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Discussion of Draft City Council Policies and Procedures Manual BACKGROUND:

The City Council adopted Procedural Rules of Conduct on March 21, 2017 (“Procedural Rules”).

These Procedural Rules set forth how the City Council functions and practices. The purpose of procedural rules or a policy manual is to provide general guidance to the City Council, staff and residents of policies, procedures, or other directives that the City Council wishes to implement with consistency over time.

ANALYSIS
City Council policies and procedures range in topics. The Procedural Rules contain the following:
• Rules of order for city council procedures
• Officers
• Conduct of business
• Voting Procedures
• Miscellaneous
Staff has prepared a more inclusive set of policies and procedures for City Council consideration.

However, there are areas of the draft City Council Policies and Procedures Manual, attached hereto, that need direction from City Council:

1. Special Meetings
Should the City Council formally broaden its policy to allow special meetings beyond only matters that cannot wait until the next regular meeting, and if so, how should that authority be defined in the City Council Policies and Procedures Manual? Pursuant to Government Code Section 54956, the Mayor or a majority of the City Council may call for a special meeting. Previous unwritten policy of the City has limited the operation of special meetings to include items of which an action of the City Council cannot wait until the next regular City Council meeting. However, City Council can change past practice and allow special meetings as necessary in response to the scope and timing of City Council’s workload and schedule. Allowing special meetings to address specific, time-sensitive business is common

6.B.1
Attachment: Staff Report - Discussion re City Council Policies and Procedures_041426 (Discussion of Draft City Council Policies and

Page 2 of 3 ends

Staff Report re Discussion of Draft City Council Policies and Procedures practice of municipalities. However, the decision should be reflected in the City Council Policies and Procedures Manual.

2. City Council Staff Request
Under the City Council–City Manager form of government, individual Councilmembers must route requests for information or assistance made in their official capacity through the City Manager. When a Councilmember’s request requires staff to conduct an in depth analysis, should prior City Council approval be required? If so, what threshold should trigger the need for City Council approval?
The City Council–City Manager form of government is designed to ensure that staff direction is coordinated through the City Manager and that City resources are used efficiently and equitably.

While Councilmembers may request information or assistance related to their official duties, some requests may require significant staff time, research, or analysis beyond routine responses.

Establishing a clear threshold for when City Council approval is required would promote transparency, consistent workload management, and collective oversight of staff resources.

Staff recommends that any Councilmember request requiring more than two hours of staff time be brought forward for City Council consideration to ensure that the allocation of resources aligns with Council priorities.

3. Agenda Format for Regular Meetings
Does the City Council wish to adopt a different format for regular City Council meeting agendas? For example, should the agenda include additional sections such as Future City Council Agenda Requests or City Manager Reports?
While the Brown Act does not mandate a specific agenda order, most California cities utilize a standardized format intended to promote transparency, efficiency, and public participation. The City Council may choose to modify its agenda structure to better align with its operational needs and governance preferences.

4. Speaker Card and Speaker Time
Does the City Council wish to continue allowing the Mayor, as presiding officer, to grant speakers additional time at their discretion, or would the City Council prefer a process whereby a majority of the City Council may object and the meeting proceeds accordingly? The Procedural Rules on each City Council agenda allow for a time limitation of two (2) minutes per person. However, the City allows a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. The Mayor may grant a speaker further time at their sole discretion.

5. Special Scheduled Recess
Is the proposed process for handling City business during a City Council recess acceptable

6.B.1
Attachment: Staff Report - Discussion re City Council Policies and Procedures_041426 (Discussion of Draft City Council Policies and

Page 3 of 3 ends

Staff Report re Discussion of Draft City Council Policies and Procedures to the City Council?
The current City Council meeting resolution provides that the City Council will recess during the month of November. While the City Council may establish procedures for scheduling a recess, it is recommended that a formal process be in place to address matters that may require City Council action during that period.

The proposed draft procedure would require the City Manager, prior to a scheduled recess, to submit to the City Council any recommended matters anticipated to require Council approval during the recess. The City Council may then, by resolution, authorize the City Manager to approve such recommended matters on behalf of the City of Arvin during the recess period.

6. Appointment of Boards, Commissions and Committees
Resolution No. 2021-50 establishes a policy governing formation of Council committees. This policy requires adoption of a resolution to form a committee and gives the Mayor the authority to appoint members to each type of committee. There are no current procedures for appointments to City Commissions.

Staff is proposing an application process for City commissions and boards as outlined in the draft City Council Policies and Procedures Manual.

STAFF RECOMMENDATION:

City Council discuss and provide direction on the aforementioned policies for inclusion in the new City Council Policies and Procedures Manual. Council may also direct staff to modify any other policy within the draft included herein as Attachment A.

FINANCIAL IMPACT:

There is no anticipated financial impact.

ATTACHMENTS:

A. DRAFT City Council Policies and Procedures Manual
B. 2017 City Council Procedural Rules of Conduct
C. Resolution No. 2021-50

6.B.1
Attachment: Staff Report - Discussion re City Council Policies and Procedures_041426 (Discussion of Draft City Council Policies and 202
6 CITY OF ARVIN

CALIFORNIA
City Council
Policies and
Procedures Manual

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 1 Contents
PREFACE .................................................................................................................4 Chapter 1................................................................................................................5

1.1 Introduction .................................................................................................5

1.2 City Council Orientation ................................................................................5

1.3 Overview of City Documents .........................................................................6 Chapter 2................................................................................................................7

2.1 General Powers and Responsibilities..............................................................7

2.2 Mayor and City Council Generally ..................................................................7

2.3 City Council-Manager Form of Government and Role of the City Manager.7

2.4 Roles and Responsibilities – Mayor, Mayor Pro Tem and Councilmembers......8

2.5 Appointment of City Manager and City Attorney.......................................... 10

2.6 Concurrent Roles; Concurrent Meetings....................................................... 10

2.7 Financial Matters ........................................................................................ 10 Chapter 3.............................................................................................................. 11

3.1 Communications......................................................................................... 11

3.2 Written Correspondence ............................................................................. 11

3.3 Speaking on Behalf of the City of Arvin ........................................................ 11

3.4 Speaking as an Individual ............................................................................ 12

3.5 Council Conduct with the Media .................................................................. 12

3.6 Correspondence from Councilmembers ....................................................... 12

3.7 Letters of Recommendation ........................................................................ 13

3.8 Use of City Seal/Logo................................................................................... 13 Chapter 4.............................................................................................................. 14

4.1 Interactions with City Staff .......................................................................... 14

4.2 Access to Information.................................................................................. 14

4.3 Dissemination of Information ...................................................................... 14

4.4 Restriction of Political Involvement by Staff................................................. 14 Chapter 5.............................................................................................................. 15

5.1 Conflicts of Interest..................................................................................... 15

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 2 5.2 City Attorney Advice ................................................................................... 15

5.3 Conflict of Interest Forms ............................................................................ 15

5.4 Harassment and Workplace Standards......................................................... 15

5.5 Liability....................................................................................................... 16 Chapter 6.............................................................................................................. 17

6.1 City Council Meetings.................................................................................. 17

6.2 Rules of Parliamentary Procedure................................................................ 17

6.3 Duties of Presiding Officer........................................................................... 17

6.4 Quorum ...................................................................................................... 17

6.5 Recognition to Speak................................................................................... 17

6.6 Absence...................................................................................................... 18

6.7 Councilmember Obligation After Absence.................................................... 18

6.8 Deadline for New Business .......................................................................... 18

6.9 Business Items Out of Order ........................................................................ 18

6.10 Development of Agenda ............................................................................ 19

6.11 Document Preparation and Approval for an Agenda ............................... 19

6.11 Agenda Format for Regular Meetings......................................................... 20

6.12 Components of Regular Meetings .............................................................. 21

6.13 Special Meetings....................................................................................... 23

6.14 Special Meeting Study Sessions/Workshops............................................... 23

6.15 Closed Session........................................................................................... 24

6.16 City Council Committees............................................................................ 24

6.17 Addressing the City Council........................................................................ 24

6.18 Continued Agenda Items ........................................................................... 25

6.19 Public Hearing Closed ................................................................................ 25

6.20 Special Scheduled Recesses ....................................................................... 26

6.21 Cancellation of Meeting............................................................................. 26 Chapter 7.............................................................................................................. 27

7.1 Boards, Commissions and Committees......................................................... 27 Chapter 8.............................................................................................................. 30

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 3 8.1 City Council Expectations............................................................................. 30 Chapter 9.............................................................................................................. 31

9.1 Failure to Observe Policies and Procedures.................................................. 31

9.2 Censure of Councilmembers........................................................................ 31

9.3 Due Process ................................................................................................ 31

9.4 De-escalation/Informal Resolution .............................................................. 31

9.5 Violations of Law......................................................................................... 32

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 4 PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Arvin establishes the Policies and Procedures Manual herein. The Manual shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended, or new rules are adopted in the manner provided herein.

In addition to the Policies and Procedures Manual, the City Council has included in this document other information which may be useful to the City Council, administrative staff, and the general public.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 5 Chapter 1

1.1 Introduction
This City Council Policies and Procedures Manual (“Manual”) has been prepared to document accepted practices and clarify expectations. The Manual is intended to assist Councilmembers in carrying out their roles, as well as provide useful information to prospective Councilmembers and other interested residents. Through agreement of the City Council to adhere to these practices, the effective administration of City Council affairs is greatly enhanced. While attempting to not be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Councilmembers in their actions.

The City Clerk shall be responsible for the maintenance of the Manual and making it available to the public. It is anticipated that this Manual will be reviewed at least every two (2) years, in order to reflect changes in law or City Council policy or procedure.

1.2 City Council Orientation
Members of the City Council should have an understanding of the full range of services, facilities, and programs provided by the City. As new members join the City Council, the City Manager coordinates an orientation, providing an opportunity for new Councilmembers to meet key staff. This manual shall be included as part of the orientation, and a packet of additional documentation will also be provided to support and enhance the onboarding process.

Failure to observe any of the listed rules or procedures does not serve as an independent source to challenge any decision or action of the City Council.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 6 1.3 Overview of City Documents
This Manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary to undertake the business of a City Council. Many other laws, policies, plans and documents exist that bind the City Council to certain courses of action and practices. Some of the most notable documents that provide guidance to the City Council are:

CALIFORNIA CONSTITUTION AND CODES
The California Constitution and Codes contain many requirements for the operation of city government. Many of these requirements are also replicated within the Arvin Municipal Code to ensure there is broad awareness of such requirements. Arvin is a “general law” city, which means it is organized in accordance with provisions of the California Government Code.

ARVIN MUNICIPAL CODE
The Arvin Municipal Code contains local laws and regulations adopted by ordinance. It contains a variety of laws including, but not limited to, planning and zoning standards, election laws, local tax standards, and park and open space regulations. The Arvin Municipal Code is available on the City’s website or from the City Clerk.

GENERAL PLAN
Arvin’s General Plan is comprised of a number of elements, such as land use, transportation, open space, mobility and housing, in accordance with state requirements. The General Plan also provides a policy framework for various matters that fall within these areas.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 7 Chapter 2

2.1 General Powers and Responsibilities
The City of Arvin is governed by a City Council made up of four Councilmembers and a directly elected Mayor. The City Council serves "at large," representing the entire community, rather than a particular district. The Mayor and the City Council are elected to four-year overlapping terms. There are no limits to the number of terms they may serve.

2.2 Mayor and City Council Generally
The powers of a city council in California to establish policy are broad. Council may undertake any action related to city affairs other than those prohibited or preempted by state or federal law.

Specifically, the City Council shall have the power, in the name of the City of Arvin, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants, which are not specifically prohibited by the California Constitution and/or California law generally.

The Arvin City Council acts as a body. While the Mayor has some additional ceremonial and administrative responsibilities, no Councilmember has any power beyond those of other members. In the establishment of policy, voting in all areas except those identified below, all members are equal.

Except where the law requires a certain number of affirmative votes, a majority vote of the City Council establishes policy and makes decisions for the City.

A decision of the majority will bind the City Council to a course of action. It is staff’s responsibility to ensure that the policy of the City Council is implemented. Actions by staff to implement a decision of the City Council do not reflect any bias against Councilmembers who held a minority view on that issue.

2.3 City Council-Manager Form of Government and Role of the City Manager
The City Council – City Manager form of government is practiced in Arvin (hereinafter councilmanager form of government). In California, the most common structure of city government is the council-manager system. Established by statute (Government Code § 34851 et seq.), the councilmanager form of government is used in both general law and charter cities throughout the state.

Unlike in “strong mayor” cities where the mayor carries executive authority, in a council-manager system, the City Manager acts as the chief executive and is charged with administering the full range of municipal operations. In council-manager cities, elected representatives (council and mayor) are expected to set policies, and the city manager implements them, although managers often share responsibility for policy formation.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 8 The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City who works for five independently elected officials. Collaborative leadership between City Council and the City Manager fosters transparency, accountability, and strategic decision-making.

Councilmembers should avoid situations that can result in City staff being directed by one or two members of the Council. Regular communication between the City Council and the City Manager is important in managing collaborative discourse. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters.

As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects and is sensitive to the political responsibility of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council.

The City Manager’s power and authority include, but is not limited to:
• Review of all agenda documents before preparing the agenda for regular or special meetings of the City Council.
• Direct the work of all City departments, except those that are directly appointed by or report directly to the City Council (i.e. the City Attorney’s Office). • Recommend to the City Council adoption of measures that the City Manager may deem necessary for the health, safety or welfare of the community. • Consolidate or combine offices, positions, departments or units under the City Manager’s purview.
• Conduct research in administrative practices to bring about greater efficiency in City government.
• Provide management and leadership training to City departments.

2.4 Roles and Responsibilities – Mayor, Mayor Pro Tem and Councilmembers
MAYOR
• Serves as the presiding officer of the City Council, preserving strict order and decorum at all meetings of the City Council.
• Announces City Council decisions on all subjects and decides all questions of order, subject to modification by the City Council.
• Leads the City Council into an effective, cohesive working team.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 9 • Is recognized as the ceremonial spokesperson for the City and relays information as approved by a majority of the City Council.
• Selects a substitute for City representation if the Mayor Pro Tem is unavailable to attend in the Mayor’s absence.
• May call for special meetings as necessary in response to the scope and timing of the City Council’s workload and schedule.
• Signs required documents on behalf of the City pursuant to state law. • Charged with the administration of proclamations.
• Is entitled to vote on all matter but does not have veto power.

MAYOR PRO TEM
• Serves as the presiding officer when the Mayor is absent. • Performs the duties of the Mayor in the Mayor’s absence or at the request of the Mayor. • Represents the City at ceremonial functions at the request of the Mayor.

COUNCILMEMBERS
Including the Mayor and the Mayor Pro Tem, all members of City Council are expected to:
• Participate in City Council meetings and in other public forums while demonstrating respect, consideration and courtesy to others.
• Serve as a model of leadership and civility to the community. • Inspire public confidence in government.
• Demonstrate honesty and integrity in every action and statement. • Be familiar with this Manual.
• Prepare in advance for City Council meetings and be familiar with issues on the agenda. • Advise the City Manager and City Clerk as soon as possible of an impending absence. • Seek authorization from the City Manager if any request of staff will require more than two (2) hours of staff time to complete. This provision does not apply to City Council questions related to agenda reports.
• Be respectful of other people’s time, stay focused and act efficiently during public meetings. • Commit to spending time each year outside of regular City Council meetings to work with the City Manager and staff on setting goals and priorities for the City government and to work on issues that may be inhibiting the maximal achievement of City goals. • Complete all required training in a timely manner, including state mandated AB 1234 Ethics Training and legally mandated harassment training.
• File in a timely manner all required Fair Political Practices Commission documentation,

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 10 including the annual Statement of Economic Interests and campaign statements.

2.5 Appointment of City Manager and City Attorney
The City Council appoints two (2) positions within the city organization: the City Manager and the City Attorney. Both positions serve at the will of the City Council. The City Manager is an employee of the City and has an employment agreement that specifies certain terms of employment including an annual evaluation by the City Council. The City Manager is responsible for all other personnel appointments within the City.

The City Attorney has such duties as prescribed by the general laws of the state and regulations of the City.

2.6 Concurrent Roles; Concurrent Meetings
The Mayor and City Councilmembers also serve as members of other entities operating on behalf of the City Council of the City of Arvin:

SUCCESSOR AGENCY TO THE ARVIN COMMUNITY REDEVELOPMENT AGENCY

ARVIN HOUSING AUTHORITY

ARVIN PUBLIC FINANCING AUTHORITY
Since the Councilmembers are also members of these legislative bodies, the City Council may concurrently convene the meetings of the City and such legislative bodies that include all Councilmembers, or where Councilmembers constitute a quorum of such legislative bodies. (Government Code Section 54952.3).

2.7 Financial Matters

COUNCIL COMPENSATION
State law and the Arvin Municipal Code provide modest compensation to members of the City Council. State law limits an increase in City Council salaries to 5% per year, effective only following the next election after adoption.
(Government Code Section 36516).

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 11 Chapter 3

3.1 Communications
An important role of each Councilmember is communication with the public to assess community opinions and to communicate information about the City. Because the City Council performs as a body – that is, acting based on the will of the majority as opposed to individuals – it is important that general guidelines be understood when speaking for the City Council. It is equally important to inform the public when members are speaking in a personal capacity and not on behalf of the City Council.

3.2 Written Correspondence
The City Manager is authorized to receive and take administrative action on all correspondence directed to the City Council. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report. Correspondence received after the publication of agenda packets is to be compiled and distributed to the City Council prior to the City Council meeting. The City Manager is also authorized to respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond to the extent possible.

After the City Council has taken a position on an issue, official correspondence should reflect this position. While Councilmembers who may disagree with a position are free to prepare individual correspondence on such issues, City letterhead and staff support should not be utilized.

3.3 Speaking on Behalf of the City of Arvin
Similar to written correspondence, when Councilmembers are requested to speak to groups or asked the City Council’s position on an issue, the response should reflect the position of the City Council as a whole. A member may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

When dealing with members of the media, the Mayor should represent the position and interest of the City Council. The Mayor may delegate this responsibility to the Mayor Pro Tem. In the event the Mayor Pro Tem is unavailable, the Mayor may delegate this responsibility to a Councilmember.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 12 3.4 Speaking as an Individual
On occasion, Councilmembers may wish to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the City Council as a whole, but for themselves as one member of the Council. As discussed above, in spoken conversations, Councilmembers should clarify when they are speaking as an individual and not on behalf of the City Council.

3.5 Council Conduct with the Media
Councilmembers are frequently contacted by the media for quotes and background information. The following are guidelines for communication with the media:

MAYOR IS THE OFFICIAL SPOKESPERSON FOR CITY COUNCIL ON

CITY POLICY
Because the Mayor is the designated representative on the City Council to present and speak on the official City position, Councilmembers must be clear about whether comments represent the official City position or their own personal viewpoint.

ON THE RECORD
It should be assumed that you are always “on the record.” Most members of the media represent the highest levels of journalistic integrity and ethics and can be trusted to keep their word. However, one bad experience could be devastating.

CHOOSE WORDS CAREFULLY AND CAUTIOUSLY
Comments taken out of context can cause problems. Therefore, be cautious about the use of humor, sarcasm, or word play.

3.6 Correspondence from Councilmembers
Councilmembers are sometimes requested to provide letters to citizens, businesses, or other public agencies that convey the position of the City Council on policy matters. These letters are usually drafted by City staff or Council, placed on City letterhead, and signed by either the Mayor or City Manager. Individual members of the Council may prepare letters to respond to constituents in response to inquiries or to provide requested information. Staff may also aid in the preparation of such correspondence. Councilmembers must place copies of any correspondence sent by an individual member on file with the City Clerk.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 13 3.7 Letters of Recommendation
If Councilmembers are asked to prepare letters of recommendation for students and others seeking appointments it is appropriate for Council to use City letterhead and their Council titles. Letters of recommendation should also indicate that the member does not speak for the City Council as a whole, but for themselves as one member of the Council. No review by the entire Council is needed, but copies of these letters must also be placed on file with the City Clerk.

3.8 Use of City Seal/Logo
City Councilmembers may only utilize the City seal and/or logo, shown below, for official business of the City. It will be a violation of this Manual for any Councilmember to make or use the seal or logo of the City or any cut, facsimile or reproduction thereof, in a manner which could be mistaken for the official business of the City, City Council, officers or departments.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 14 Chapter 4

4.1 Interactions with City Staff
City Council should work through the City Manager or their designee to contact and/or work with staff. City staff will make every effort to respond in a timely manner to all requests made by individual Councilmembers for information or assistance. In the event a Councilmember’s request requires in depth analysis or more than two (2) hours of staff time, it will require City Council approval.

4.2 Access to Information
Staff shall cooperate fully and communicate candidly with both individual Councilmembers and the City Council in providing requested information, as authorized by law. The City Manager or appropriate staff will inform the City Council when a critical or unusual event occurs about which the public would be concerned. There are limited restrictions when information cannot be provided.

Draft documents (e.g., staff reports in progress, administrative draft EIRs, etc.) under review are not available for release until complete and after review by City Manager and the appropriate Department Head. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council.

To assist the City Manager in their ability to monitor the flow of information, requests for information should be submitted in writing. To ensure proper responsiveness, all questions and requests for information are to go to the City Manager.

4.3 Dissemination of Information
In cases where a staff response to an individual Councilmember request involves written materials, the City Manager will provide copies of the material to all other Councilmembers.

4.4 Restriction of Political Involvement by Staff
Local governments are non-partisan entities. As reflected within the principles of the councilmanager form of government, staff formulation and recommendations should remain consistent with City Council policy and should not be influenced by political factors.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 15 Chapter 5

5.1 Conflicts of Interest
State laws are in place to prevent an action by a Councilmember that would constitute a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest. At any time a Councilmember believes a potential for conflict of interest exists, he/she is encouraged to consult with the City Attorney. Staff may also request an opinion from the City Attorney or the California Fair Political Practices Commission (“FPPC”) regarding a Councilmember’s potential conflict. Laws that regulate conflicts are very complicated. Violations may result in significant penalties including criminal prosecution or the inability to serve in public office.

There are two primary laws that govern conflicts of interest for public officials in California: (1) the Political Reform Act, and (2) California Government Code Section 1090, et seq. In general terms, the Political Reform Act prohibits a public official from having a financial interest in a decision before the official. Government Code Section 1090, et seq. relates to government contracting law and prohibits a public official from having an interest in government contracts.

5.2 City Attorney Advice
The City Attorney has an affirmative duty to protect the City and City Council from conflicts of interest wherever possible. It is critical to note that while the City Attorney can render advice on an interpretation of state laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only entity that can provide binding interpretations and immunity on such matters is the California Fair Political Practices Commission (FPPC). Members or the full City Council may also solicit opinions on such matters directly from the FPPC, however, such opinions often take time to develop and may not readily respond to urgent matters. It is important to note that the City Attorney does not represent individual members of City Council, but the City Council as a whole.

5.3 Conflict of Interest Forms
Annual disclosure statements are required of all Councilmembers, designated commissioners and senior staff, which indicate potential conflicts of interest including sources of income, real property interests and receipt of loans and gifts. Councilmembers often serve on the governing board of other agencies as a result of their positions. These agencies also require submission of disclosure forms.

5.4 Harassment and Workplace Standards
State law prohibits, and the City has policies and procedures which prohibit discrimination and harassment.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 16 5.5 Liability
The City offers a variety of services and may occasionally find itself subject to legal actions through lawsuits. The City must always approach its responsibilities in a manner that reduces risk to all involved, however, with such a wide variety of high-profile services all risk cannot be eliminated.

It is important to note that violations of certain laws and regulations by individual members of the City Council may result in that Councilmember being personally liable for damages which would not be covered by the City’s insurance. Examples include, but are not limited to, discrimination, harassment or fraud.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 17 Chapter 6

6.1 City Council Meetings
All regular and special meetings of the City Council shall be open to the public. Closed sessions may be held for purposes permitted by law, from which the public may be excluded.

6.2 Rules of Parliamentary Procedure
The City Council has adopted Rosenberg’s Rules of Order, Revised 2011, as its rules of parliamentary procedure.

6.3 Duties of Presiding Officer
The Mayor shall act as the presiding officer at all meetings of the City Council and shall always preserve strict order and decorum. The Mayor shall state each question coming before the City Council, and shall restate each question immediately prior to calling for the vote. The Mayor is eligible to vote on all questions, and shall direct the order of participation of Councilmembers.

6.4 Quorum
Three (3) Councilmembers shall constitute a quorum for the transaction of business. A majority of the quorum shall be sufficient to pass any action taken by the City Council except on such matters which, by law, require a greater majority.

If a majority of Councilmembers are absent from any meeting the City Clerk may declare the meeting adjourned to a stated time and place and shall prepare a written notice of the adjournment and conspicuously post it at the entrance to the Council Chambers.

6.5 Recognition to Speak
Every Councilmember desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine their remarks to the question or item under debate.

INTERRUPTIONS
A Councilmember, once recognized, shall not be interrupted while speaking unless a motion to raise a point or order is raised by another Councilmember, or unless the Councilmember speaking chooses to yield to questions from another Councilmember.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 18 CHALLENGED WHILE SPEAKING
A Councilmember, challenged while speaking, shall cease speaking until the point of order is determined. The Councilmember shall be permitted to proceed if ruled to be in order. Conversely, the Councilmember shall remain silent or alter any remarks to comply with rules of the City Council if found not to be in order.

PUBLIC HEARINGS; EX PARTE COMMUNICATIONS
Councilmembers should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed. If the agenda item is an appeal of other than a legislative matter, Councilmembers should acknowledge and state the substance of any prior discussion of the item with any person (other than personal consultants not having an interest in the matter) at the beginning of the hearing.

6.6 Absence
If a Councilmember is absent without permission or good cause from all regular City Council meetings for 60 days consecutively from the last regular meeting he or she attended, their office becomes vacant and shall be filled as any other vacancy pursuant to Government Code Section 36513.

6.7 Councilmember Obligation After Absence
When a Councilmember is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that Councilmember to become acquainted with the issues discussed by reading the documents presented and when possible, listening to or viewing the taped recording of the meeting missed.

6.8 Deadline for New Business
Generally, no new item of business will be discussed or considered after 11:00 p.m., unless approved by the City Council.

6.9 Business Items Out of Order
The Mayor or staff may, with the consent of the City Council, modify the order of the agenda.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 19 6.10 Development of Agenda
The City Manager is responsible for preparing the City Council’s meeting agenda. Items may also be placed on an agenda for City Council consideration in the following ways:
• by direction of the City Attorney in consultation with the City Manager; • by direction of a majority of Councilmembers; and
• under any processes set forth by statute or ordinance.

The agenda shall contain a brief general description of each item of business to be transacted or discussed, including items to be discussed in closed session. (Government Code Sections 54954.2, 54954.5).

6.11 Document Preparation and Approval for an Agenda
A. Ordinances. No ordinance shall be prepared for presentation to the City Council unless ordered by a majority vote of the City Council, prepared by the City Attorney on their own initiative, or recommended by the City Manager and developed with the City Attorney’s assistance. (Government Code Section 36936).

B. City Attorney Approval as to Form. All ordinances, resolutions, and contracts shall be approved as to form by the City Attorney, or their attorney designee, before being placed on the agenda. If the City Manager finds it necessary or expedient to place a contract on a City Council agenda for authority to execute it, but the contract is not yet in final form or has not been signed by the other parties, the City Council shall condition its authorization to execute the contract on the final contract being in substantially the same form as the one presented for the City Council’s consideration with such changes as may directed by the City Council, and upon the City Attorney’s approval of the final contract as to form. If the contract is substantially changed or is not approved as to form by the City Attorney, then the contract must be placed on a subsequent agenda for the City Council’s consideration.

C. Ordinance Introduction and Adoption. The City Council hereby establishes and directs that reading the title of a proposed ordinance will be considered to constitute a full reading of the ordinance, unless a majority of the City Council present asks for a full reading. (Government Code Section 36934).

D. Majority Vote Required. An affirmative vote of at least three (3) members of the City Council shall be necessary to adopt an ordinance and a resolution, and to approve a contract for the expenditure of funds. An urgency (emergency) ordinance must be adopted by at least four (4) members of the City Council. (Government Code Sections 36936, 54954.2, 54956.5).

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 20 E. Ordinance Preservation. Following adoption of an ordinance, the City Clerk will assign a number to the ordinance, publish a summary, and/or post the full text according to law. The ordinance shall be filed and preserved in the City Clerk’s Office.

F. Consent Calendar, Public Hearing, or Matters for Consideration. Ordinances not requiring a public hearing may be presented to the City Council for introduction as a business item and adoption on the consent calendar. The City Attorney shall determine the placement of an ordinance on a City Council agenda, in consultation with the City Manager or as directed by the City Council.

6.11 Agenda Format for Regular Meetings
The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order
Mayor (or presiding officer) shall call the meeting to order.

2. Roll Call
The City Clerk shall conduct a roll call to establish the presence of a quorum.

3. Pledge of Allegiance
The Pledge of Allegiance shall be led by a Councilmember, staff member, or invited guest.

4. Ceremonial Items / Presentations
This section may include proclamations, recognitions, awards, or special presentations.

5. Public Comment on Non-Agenda Items
Members of the public may address the City Council on matters not listed on the agenda that are within the City Council’s jurisdiction, in accordance with Government Code Section 54954.2. No action shall be taken on non‑agenda items except as permitted by law.

6. Consent Calendar
The Consent Calendar shall consist of routine and non‑controversial items that may be approved with one motion. Any Councilmember or member of the public may request that an item be removed from the Consent Calendar for separate discussion or action.

7. Public Hearings
Items requiring a public hearing by law or Council action shall be heard under this section and shall include a staff report, public testimony, Council discussion, and action where appropriate.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 21 8. Action Items
Action items include matters requiring City Council deliberation and formal action.

9. Work Session / Study Session /Discussion Items
This section is intended for informational items, study sessions, or policy discussions. Action may be taken only if specifically noticed on the agenda.

10. Councilmember Comments, Reports and Requests for Future Agenda Items This portion of the agenda provides Councilmembers an opportunity to make brief announcements, ask clarifying questions, or request that items be placed on a future City Council agenda, consistent with this Manual and City policy.

11. Closed Session
Closed session items shall be conducted only as authorized by law and shall be described on the agenda in accordance with applicable Brown Act requirements. Any reportable action shall be announced in open session.

12. Adjournment
The meeting shall be adjourned by the Mayor or presiding officer.

6.12 Components of Regular Meetings
The published agenda shall consist of an agenda and summary reports providing sufficient information needed for deliberation and action.

A. Consent Calendar. Routine items that are not controversial in nature and do not require a public hearing may be placed on the consent calendar at the City Manager’s discretion. All items may be approved by one motion and one vote. Any Councilmember or member of the public or their representative may request any item be withdrawn from the consent calendar for separate consideration in its regular order of business.

B. Minutes. The minutes of a City Council meeting shall be “action minutes” which include the motions made, actions taken, and a brief summary of public comments.

A Councilmember may request, through the Mayor, the privilege of having an abstract of a Councilmember’s statement on any subject under consideration by the City Council entered into the minutes. If the City Council consents, the statement shall be entered. If a Councilmember voted in the minority, however, that Councilmember has the right to an abstract of such dissent entered into the minutes which explains an affirmative vote on a ministerial or other routine action on an underlying project or other matter as to which the Councilmember voted in the minority. An “abstract” is defined here as “a statement summarizing the important points of a given text.” The Councilmember requesting an abstract shall succinctly summarize his or her position to be entered into the minutes. The request

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 22 must be made and acted upon prior to hearing another item. The abstract must be submitted to the City Clerk the following business day.

C. Written Public Communications. Subject to the time limits described in this Manual, any member of the public or their authorized representative may address the City Council by written communications.

D. Verbal Public Communications. Subject to the time limits described in this Manual, any member of the public or their authorized representative, may address the City Council on any matter concerning the City’s business, or any matter over which the City Council has control, whether on its posted agenda or not. Comments on items included on the agenda shall be reserved until the Council considers those items. However, the City Council is prohibited from extensively discussing or taking action on an item not appearing on its posted agenda under the provisions of the Brown Act. Any issue raised under “Verbal Communications” will therefore be limited to a determination whether it should be placed on a future agenda for discussion, action, or report. Exceptions to this rule are set forth in the Brown Act.

E. Legislative Matters. Generally, public hearings shall be conducted in the following order:

1. MAYOR: This is the time and place for Public Hearing item [insert description].

2. MAYOR: Before we begin, are there any ex parte communications to report? Ex parte communication refers to receiving information from a party outside the official public hearing process.

3. ANY COUNCILMEMBER: Ex parte communication report, if applicable.

4. MAYOR: Staff, please provide your staff report for this item.

5. STAFF: Report.

6. MAYOR: Any questions of staff from City Council? (Questions of staff and staff response)

7. MAYOR: At this time, we would like to open the public hearing for anyone in the City Council Chambers wishing to be heard on this matter.

8. PUBLIC: Public testimony and comments.

9. MAYOR: Does staff wish to respond to any comments or issues raised?

10. STAFF: Response to public comments.

11. MAYOR: The hearing is now closed.

12. MAYOR: Any further comments or questions from the City Council?

13. MAYOR: I will now entertain a motion.

14. ANY COUNCIL MEMBER: City Council shall take action by motion of a Councilmember.

F. Future Agenda Items. Any Councilmember may, prior to any regular City Council meeting, bring any matter to the attention of the City Council which is not otherwise scheduled on a City Council agenda. The matter will be placed on the next available agenda. The sponsoring Councilmember shall give the City Manager a brief description of the subject to be printed in the agenda, sufficient to inform the City Council and public of the nature of the item. All future agenda items shall be submitted to the City Manager, with a copy to the City Clerk, no later than five (5) business days before the next City Council meeting.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 23 The City Council, after considering the future agenda item request, may do any of the following:
• Take no action;
• Refer the matter to staff to schedule as a future City Council agenda item; • Take dispositive action if Council finds that sufficient notice to the Council and the public has been provided by the published agenda, sufficient information has been received by the Council, and no formal published notice of a public hearing is required.

The Councilmember who requested the agenda item has the privilege of speaking first on the item.

G. Appointments. Appointments to the City Boards, Committees and Commissions shall be made as described in Chapter 7 of this Manual.

6.13 Special Meetings
Special meetings may be called by the Mayor, the City Manager, the City Attorney, or by a majority of Councilmembers. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. (Government Code Sections 36807, 54956(a)).

Special meetings shall be limited to matters that cannot reasonably be deferred until the next regular meeting. A matter typically qualifies when waiting until the next regular meeting would result in harm, legal non-compliance, or loss of opportunity.

6.14 Special Meeting Study Sessions/Workshops
The City Council may meet informally in special meetings designated as workshops that are called by the Mayor, the City Manager, or by a majority of Councilmembers. Study Sessions are special meetings intended for: training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects such as land use; team building; and to receive briefings and background information and hold general discussions on major issues before City Council action is required. Special meeting workshops are also intended for the City Council to work with staff to develop administrative items such as the budget, for the City Council to receive public input on matters of community wide concern, and for similar activities.

Study Sessions are open to the public and are meetings for purposes of the Brown Act. The City Council may provide direction, but unlike other special meetings the City Council may not take final action at a Study Session. (Government Code Section 54956).

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 24 6.15 Closed Session
Closed sessions may only be held as authorized by state law and shall be held in accordance with the provisions of the Brown Act. The closed sessions may precede or follow a regular meeting or be called as a special meeting. The City Attorney or City Manager may call and notice closed session meetings as special meetings. (Government Code Sections 54954.5, 54956.5, 54956.7-54957.1, 54962). .

After meeting in closed session, the City Council shall reconvene in open session and the City Attorney shall make a public report of any reportable action taken in the closed session and the related vote tabulation. (Government Code Section 54957.1, 54957.7).

6.16 City Council Committees
A majority of City Council may form ad hoc City Council subcommittees that do not have final decision-making authority. The City Council may form standing City Council subcommittees.

City Council standing subcommittees comprised of less than a quorum of the City Council and that have continuing subject matter jurisdiction or a fixed meeting schedule established by the City Council, shall comply with the Brown Act and follow these rules of procedure. (Government Code Section 54952(b)).

Ad hoc City Council subcommittees comprised solely of less than a quorum of the City Council and that are limited to both a defined task and a duration are not subject to the Brown Act and are not required to follow these rules of procedure. (Government Code Section 54952(b)).

6.17 Addressing the City Council
The published agenda shall consist of an agenda and summary reports providing sufficient information needed for deliberation and action.

SPEAKER CARD AND SPEAKER TIME
A person desiring to address the City Council is encouraged to complete a speaker card. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may limit the time for individual comments. When deemed necessary, the Mayor may extend speaker time unless a majority of the City Council objects. The following time limits apply unless modified by the Mayor:
• Verbal Communications
Individual speaker – 2 minutes

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 25 Individual speaker (Translator) – 4 minutes
• Public Hearings
Applicant/appellant – 10 minutes
Individual speaker – 2 minutes
Individual speaker (Translator) – 4 minutes
Rebuttal by applicant/appellant – 5 minutes

ONE SPEAKER AT A TIME
No person, other than the person having the floor, shall be permitted to provide public comment without the permission of the Mayor. All comments shall be provided to the City Council through the Mayor, and no question shall be asked of a Councilmember except through the Mayor.

QUESTIONS AND COMMENTS FROM THE PUBLIC
Questions and comments from the public shall be limited to the subject under consideration.

ADDRESSING THE CITY COUNCIL AFTER A MOTION IS MADE
No person in the audience may address the City Council after a motion is made, without first securing permission to do so. Upon recognition by the Mayor and permission being granted by a majority of the City Council, the person so recognized shall confine him or herself to the item under discussion.

6.18 Continued Agenda Items
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, verbally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item. The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council so rules. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.

6.19 Public Hearing Closed
Once a hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Councilmember addressed through the Mayor. However, a public hearing may be re-opened by the Mayor to hear new information.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 26 6.20 Special Scheduled Recesses
The City Council will recess from any regularly scheduled City Council meetings during the entire month of November. Prior to a scheduled recess, the City Manager shall submit to the City Council any recommended matters anticipated to require Council approval during the recess. The City Council may, by resolution, authorize the City Manager to approve any recommended matters on behalf of the City of Arvin.

6.21 Cancellation of Meeting
If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also appear as a resolution on the consent calendar for the meeting immediately preceding the canceled meeting date.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 27 Chapter 7

7.1 Boards, Commissions and Committees

DEFINITIONS
A. Boards, Commissions and Committees. The City Council shall establish by ordinance all boards and commissions which shall advise the City Council and perform such other functions and duties as prescribed by City Council. Unless otherwise directed, ad hoc committees shall be established by resolution.

B. City Representatives. City Councilmembers and citizens may be appointed to serve on county, regional or multipurpose agencies, committees and commissions to represent the City.

C. Standing Committee. Standing Committees of the City Council shall have either (1) a continuing subject matter jurisdiction or (2) a meeting schedule fixed by ordinance, resolution or formal action of the City Council.

APPLICATION AND APPOINTMENT PROCESS
The members shall be appointed by the Mayor with the approval of the majority City Council, in accordance with the following procedure:

A. Vacancy, Announcement, Interview and Applicant Pool. The City Clerk shall maintain records of membership status of boards, commissions and committees. The Clerk shall notify the Mayor of each vacancy.

When a vacancy occurs, the Mayor shall announce the vacancy at a Council meeting and invite the public to apply for the position or positions. When the Mayor determines that sufficient applications have been received, staff shall agendize an informational item at the next meeting announcing (1) the final date for receipt of applications, (2) the date of the Council meeting at which the City Council will receive all of the applications and make its decision whether to interview applicants, and (3) the date of the Council meeting for making the appointment if no interviews are held. The final date for receiving applications shall be at least one week following the announcement.

At the meeting scheduled for the Council to consider interviews, the City Clerk shall provide a copy of all applications received to the City Council. If, at that meeting, Council decides to hold interviews, it shall then determine the interview process, including which applicants will be interviewed and schedule the interviews. After the interview process is complete, the Mayor shall schedule the meeting for making the appointment with the City Clerk.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 28 B. Application Required. No person shall be appointed to a board, commission or committee without filing a written application for appointment with the City Clerk prior to 5:00 p.m. on the date of the deadline for receipt of applications.

C. Scheduling of Appointment. The City Clerk will schedule, on the regular City Council meeting agenda, as designated by the Mayor, a notice of the Mayor’s intention to make an appointment to a board, commission or committee.

D. Publishing Names of Appointees. The name of the intended appointee shall be included on the agenda for the meeting at which the appointment will be made.

E. All Applications Provided to All Councilmembers. The City Clerk shall include in the City Council’s agenda packet for the Council meeting at which the Mayor’s appointment is scheduled, all current applications filed for appointment to the board, commission or committee. In the event there are multiple vacancies on the same board, commission or committee the Mayor shall schedule the appointment and name the appointees of all vacant positions of any one board on the same Council meeting.

F. Nomination and Approval of Appointment. The Mayor shall place in nomination the name of the person intended to be appointed from among the persons in the final applicant pool. No second to the nomination shall be made, but debate is allowed. The Council may, by a majority vote, open the discussion to include any or all applicants in the applicant pool. It is out of order for any Councilmember to place in nomination any other person other than the person placed in nomination by the Mayor. Upon approval of the nomination by the City Council, the Mayor’s appointment is confirmed and approved.

G. Procedure in Event the Mayor’s Nomination Not Approved. If the Mayor’s intended appointment is not approved, the Mayor shall at the same or subsequent meeting place in nomination another person’s name from the pool. The process continues until an appointment by the Mayor is approved, in accordance with the procedure set forth in this document.

H. Councilmember Prohibition. Unless the legislation adopted by the City Council for a particular board, commission or committee expressly provides otherwise, no Councilmember shall be eligible for appointment as a member of, or representative or liaison to a City board, commission or committee.

I. Applications: Current List. A current list of applicants is established each year. Applications may be submitted to the City Clerk at any time between January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applications will need to be submitted starting January 1.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 29 J. Citizen Appointments. Any appointment of any person, except a Councilmember, as a member of a County, regional, multi-purpose agency, or other outside agency shall be accomplished in the same manner as appointments to boards, commissions and committees.

Any appointment of any person, except a Councilmember, as a representative or liaison of the City to any board, commission or committee, shall be in the same manner as appointments to boards, commissions and committees.

K. Councilmember Appointment. The Mayor shall nominate a Councilmember as a member of a County, regional, multi-public agency, or other outside agency, at the time the matter is considered at the City Council meeting.

L. Removal of Member of Board or Commission or Committee or City Representative. Any member of a board, commission or committee and any City representative or liaison to an outside agency, may be removed by a vote of not less than four (4) Councilmembers, initiated by either the Mayor or a Councilmember. Any proposed removal shall be scheduled at a regular Council meeting, with the name of the person proposed to be removed printed on the agenda.

M. Waiver of Requirements. In the event compliance with any of the above requirements would seriously interfere with or interrupt the important business of the City, the City Council may, with the four-fifths approval, waive one or more of said requirements.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 30 Chapter 8

8.1 City Council Expectations

FOLLOWING MEETING RULES OF PROCEDURE
These Rules of Procedure express both statutory requirements and standards of conduct expected for Councilmembers. Councilmembers are responsible for adhering to these procedures.

Councilmembers should respectfully point out to the offending Councilmember infractions of these Rules of Procedure. If offenses continue, then the matter may be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Mayor Pro Tem.

If after consultation with the Mayor the Councilmember’s behavior continues to violate this Manual, the alleged violation(s) can be brought up with the City Council at a public meeting.

LIMITED USE OF ELECTRONIC DEVICES OR OTHER FORMS FOR

PRIVATE COMMUNICATIONS DURING MEETINGS
Councilmembers should not utilize electronic devices or other forms for private communications during a meeting to communicate among themselves, the public, or anyone else during a City Council meeting on substantive matters related to City business (except for the City Attorney). This restriction on the use of electronic devices and other forms for private communications preserves compliance with the Brown Act and due process.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 31 Chapter 9

9.1 Failure to Observe Policies and Procedures
Failure to observe any of the listed procedures does not serve as an independent source of challenge to any action of the City Council, nor does it serve as evidence of improper conduct in any challenge to any action by an individual Councilmember or by the City Council as a whole.

9.2 Censure of Councilmembers
Censure is the most severe form of action. Censure is a formal statement of the Council officially reprimanding one of its members and may be combined with other actions, including, but not limited to, loss of committee assignments, suspension of City-sponsored attendance at conferences, meetings, workshops, seminars and similar gatherings, or removal of other privileges deemed appropriate by Council. Censure should be used for cases in which the Council determines, based on review of the findings of an investigation, the policy violation is a serious offense.

A decision to censure requires Council to adopt a Resolution and make findings regarding policy violations at a public meeting. Prior to the adoption of the Resolution, the named Councilmember will be provided sufficient notice and the opportunity to provide a written or verbal response to the complaint. After the named Councilmember provides a written or verbal response to the complaint, if any, the majority of the Council may vote not to adopt the Resolution but may decide to issue a lower action against the named Councilmember.

To protect the overriding principle of freedom of speech, the Council will not impose censure on any of its members for the exercise of their First Amendment rights, no matter how distasteful the expression was to the Council and the City. However, nothing herein may be construed to prohibit the Council from collectively condemning and expressing their strong disapproval of such remarks.

9.3 Due Process
In all instances, the City Council shall ensure that all due process requirements are met. The City Attorney may recommend variations to procedures to ensure due process.

9.4 De-escalation/Informal Resolution
In addition to the actions above, the Council is encouraged to take steps to de-escalate behavior that could lead to a complaint before a complaint is filed and consider addressing the complaint informally, if appropriate, in an effort to bring the named Councilmember into compliance with this Manual.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual) 32 9.5 Violations of Law
Any violations of applicable laws as referred to in this Manual, which include, but are not limited to, violations of the United States and California Constitutions, United States and California codes, regulations, interpretive administrative findings and relevant case law, may be reported to the appropriate governing agencies.

6.B.2
Attachment: DRAFT City Council Polices and Procedures Manual_041426 (Discussion of Draft City Council Policies and Procedures Manual)

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.3
Attachment: 2017-21 Reso Amending Procedural Rules for Conduct of City Council Meetings_032117 (Discussion of Draft City Council Policies

6.B.4
Attachment: 2021-50 Reso Establishing City Council Policy Governing Procedures for Establishing Council Committees_071321 (Discussion of

6.B.4
Attachment: 2021-50 Reso Establishing City Council Policy Governing Procedures for Establishing Council Committees_071321 (Discussion of

6.B.4
Attachment: 2021-50 Reso Establishing City Council Policy Governing Procedures for Establishing Council Committees_071321 (Discussion of

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