and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any; and (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Lease Premises are a part.
19. Assignment and Subletting. Tenant shall not assign or transfer this Lease or any right hereunder to any other party or parties, nor shall Tenant sublet all or any portion of the Lease Premises without first obtaining the written consent of Landlord which Landlord may withhold in its sole and absolute discretion. Any transfer, assignment or subletting of the Lease Premises without such prior written consent shall be void for all purposes. Consent to any such transfer, assignment or subletting shall be at Landlord’s sole discretion.
20. Indemnification. Tenant shall defend, indemnify, and hold Landlord harmless from, and reimburse Landlord for, any loss, cost, expense, liability, or damages of every kind or nature, including but not limited to injury to or death of any person or destruction of the Lease Premises in connection with or related to, the use by Tenant or any third party (including officers, directors, employees and invitees) of the Lease Premises or any facilities located thereon in connection with the business being conducted by Tenant. In addition, Tenant shall defend, indemnify, and hold Landlord harmless from any breach or default in the performance of any obligation to be performed by Tenant under this Lease, any violation of governmental law or regulation, or any intentional misconduct or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, regardless of whether such intentional misconduct or negligence was active or passive.
In the event of the occurrence of any event which is an indemnifiable event pursuant to this Section, Tenant shall notify Landlord promptly and, if such event involves the claim of any third person, Tenant shall assume all expenses with respect to the defense, settlement, adjustment, or compromise of any claim; provided that Landlord may, if it so desires, employ counsel at its own expense to assist in the handling of such claim. Tenant shall obtain the prior written approval of Landlord before entering into any settlement, adjustment or compromise of such claim. Tenant shall reimburse Landlord or any third party (including officers, directors, and employees of Landlord) for any legal expenses and costs incurred in connection with or in enforcing the indemnity herein provided. All indemnification obligations hereunder shall survive the expiration or termination of this Lease. Notwithstanding the generality of the foregoing, Tenant’s obligation to indemnify Landlord shall not extend to liability solely caused by the gross negligence or willful misconduct of Landlord, its officers, employees or agents on the Lease Premises, or events or activities conducted by Landlord.
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
21. Insurance. Tenant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Landlord during the entire Term, and any extension thereof, the following policies of insurance:
a. Personal Property Insurance. Throughout the Term, and any extensions thereof, Tenant shall, at its sole cost and expense, maintain fire and extended coverage insurance written on a per occurrence basis on its trade fixtures, equipment, personal property and inventory within the Lease Premises from loss or damage to the extent of their full replacement value. b. Commercial General Liability Insurance. Throughout the Term, at Tenant’s sole cost and expense, Tenant shall keep or cause to be kept in full force and effect, for the mutual benefit of Landlord and Tenant, comprehensive broad form commercial general public liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage arising from the use, occupancy, disuse, or condition of the Lease Premises, improvement, adjoining areas or ways, including without limitation, blanket contractual liability.
c. Worker’s Compensation Insurance. Tenant shall, at its sole cost and expense, maintain a policy of Worker’s Compensation Insurance in such amount as will fully comply with the laws of the State of California. d. Policy Form, Contents and Insurer. All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall contain language to the effect that: (1) the policies are primary and noncontributing with any insurance that may be carried by Landlord; (2) they cannot be canceled or materially altered except after thirty (30) days’ notice by the insurer to Landlord; and (3) shall list Landlord, its officers, agents and employees as additional insureds. The insurers shall waive all rights of contribution they may have against Landlord, its officers, employees and agents and their respective insurers. Prior to the Effective Date, Tenant shall provide Landlord with certificates of insurance or appropriate insurance binders together with full copy of the policies evidencing the above insurance coverages written by insurance companies with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide. In the event any of said policies of insurance are cancelled or expire, Tenant shall, prior to the cancellation or expiration date, submit new evidence of insurance in conformance with this Section to Landlord.
Tenant may effect for its own account any insurance not required under this Lease. Upon thirty (30) days prior written notice, Landlord may modify or add additional requirements and may increase the amount of coverage required. e. Failure to Maintain Insurance; Proof of Compliance. If Tenant fails or refuses to procure or maintain insurance required by this Lease, or fails or refuses to furnish Landlord with required proof that the insurance has been
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
procured and is in full force and paid for, Landlord shall have the right but not the obligation, at Landlord’s election and on ten (10) days’ notice, to procure and maintain such insurance. The premiums paid by Landlord shall be treated as added rent due from Tenant with interest at the rate of ten percent (10%) per year or the maximum allowable legal rate in effect in the State of California on the date when the premium is paid, whichever is higher, to be paid on the first day of the month following the date on which the premium was paid. Landlord shall give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the day of the notice. Notwithstanding that Landlord may secure policies under this Section, the failure of Tenant to obtain and maintain insurance under this Lease shall also constitute a material default by Tenant.
22. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. The failure by Tenant to make any payment of Base Rent or any other payment required hereunder to Landlord within five (5) days after written notice from Landlord of Tenant’s failure to pay any such obligation when due under this Lease. b. Use of Lease Premises for any purpose other than as authorized in this Lease; c. Vacating or abandonment of the Lease Premises by Tenant; d. Failure to provide insurance in accordance with Section 21; e. A failure by Tenant to observe or perform any covenants, conditions or provisions of this Lease (other than payment of money), if the failure to perform is not cured within thirty (30) days of receiving written notice of the default from the Landlord.
If the default cannot be reasonably cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. f. The making by Tenant of any general assignment for the benefit of creditors, g. Filing of a voluntary petition in bankruptcy or the adjudication of Tenant as bankrupt.
h. Appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the Lease Premises or of Tenant’s leasehold interest in the Lease Premises.
i. Filing by any creditor of the Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing.
j. Attachment, execution or other judicial seizure of all or substantially all of the assets of Tenant or Tenant’s leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
Any notice required to be given by Landlord under this Section 22 shall be in lieu of and not in addition to any notice required under Section 1161 of the California Code of Civil Procedure.
23. Remedies on Default. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter and without notice or demand and, without limiting Landlord in the exercise of a right or remedy Landlord may have by reason of such default or breach:
a. Termination of Lease Tenant’s right to possession of the Lease Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Lease Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, but not limited to, the cost of recovering possession of the Lease Premises, expenses of reletting, including necessary renovation and alteration of the Lease Premises, for reasonable attorneys’ fees and costs, any real estate commission actually paid, or the worth at the time of the award of the unpaid rent which had been earned at the time of the termination; the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rent that Lessee proves could have been reasonably avoided; and any other amount necessary to compensate the Landlord for all the detriment proximately caused by the Tenant’s failure to perform Tenant’s obligations under this Lease.
b. Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover Rent as it becomes due hereunder.
c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State of California. Furthermore, Tenant agrees that no election by Landlord as to any rights or remedies available hereunder or pursuant to any law or judicial decisions of the State of California shall be binding upon Landlord until the time of trial of any such action or proceeding. d. Take custody of all personal property owned by Tenant on the Premises and to dispose of the personal property and to apply the proceeds from any sale of that property to Tenant’s obligations under this Lease.
24. Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained.
Acceptance of late payment of Base Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such Base Rent.
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
25. Surrender of Leased Premises. Upon expiration or termination of this Lease, Tenant shall deliver to Landlord physical possession of the Lease Premises and the Leased Personal Property in good condition and repair, reasonable wear and tear.
26. Time. Time is of the essence of this Lease and each and all of its provisions.
27. Inability to Perform. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of Landlord.
28. Sale of Premises by Landlord. In the event of any sale of the Lease Premises, Landlord shall be and hereby is entirely freed and relieved of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale. The purchaser, at such sale or any subsequent sale of the Lease Premises, shall be deemed, without any further agreements between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out each and all of the covenants and obligations of Landlord under this Lease.
29. Successors. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the Parties hereto, and each and all, including the Party making the assignment, shall be jointly and severally liable hereunder.
30. Notices. Any notices, demands or communications under this Agreement between the parties shall be in writing, and may be given by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested, addressed to each party as set forth below or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given (a) as of the date so delivered under delivery methods (i) or (ii) above, or (b) three (3) business days after deposit into the U.S. Mail.
Tenant: Mi Pueblo Foundation
4901 Green River Road #53
Corona, CA 92878
Landlord: City of Arvin
200 Campus Drive
Arvin, California 93203
Attention: City Manager
Copy to: Burke, Williams & Sorensen, LLP
Attn: Stephanie Gutierrez
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
31. Execution by Landlord Not a Waiver. Tenant understands and agrees that Landlord, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in Landlord with respect to the Lease Premises to approve, disapprove or conditionally approve any application which Tenant may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which said Landlord may be empowered to apply including, but not limited to, any use permit or approval, whether similar in nature or not.
32. Entire Agreement. This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, the counsel of his own advisors, and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Lease Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.
33. Construction. This Lease shall be construed according to its fair meaning as if prepared by both parties. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
34. Attorneys’ Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys’ fees and costs incurred with respect thereto.
35. Authority of Parties. Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with its terms.
36. Governing Law. This Lease shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.
37. Jurisdiction. If any legal action is necessary to enforce the terms and conditions of this Agreement, the parties agree that a court of competent jurisdiction in the County of Kern shall be the sole venue and jurisdiction for the bringing of such action.
38. Severability. If any paragraph, section, sentence, clause, or phrase contained in this Lease shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in the Lease shall not be affected thereby.
39. Recordation of Lease. In accordance with Government Code Section 37393, this Lease shall be recorded in the Official Records of Los Angeles County. Upon extension
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
of the Term or any exercise of rights under this Lease to terminate, the parties shall execute and record an amendment to this Lease. Tenant shall cooperate with executing any documents reasonably required to effect this provision. Upon termination of the Lease, Tenant shall execute and acknowledge any documents reasonably requested by Landlord in order to terminate the Lease of record. This obligation shall survive termination of this Lease for any reason.
40. Interest. Any sum due to the Landlord under this Lease shall bear simple interest from and after its due date at a rate equal to ten percent (10%) per month until paid to Landlord, but no in excess of the maximum rate permitted by law.
41. Amendment or Modification. Any modification or amendment of any provision of this Agreement must be in writing executed by both Parties and approved by the Landlord in accordance with applicable law.
42. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall be deemed but one and the same instrument, and a facsimile copy of such execution shall be deemed an original.
43. Non-Discrimination: Tenant herein covenants by and for Tenant, Tenant’s successors, heirs, executors, administrators and assigns, and all persons claiming under or through Tenant, and this Lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the use, occupancy, tenure or enjoyment of the Lease Premises.
44. Acknowledgment:. Each Party acknowledges that they have read and fully understand the contents of this Lease and have had an opportunity to consult with an attorney regarding the same. This Lease represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, either written or oral.
NOW, THEREFORE, the Parties hereto have entered into the Lease as of the Lease Date.
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
TENANT: LANDLORD:
MI PUEBLO FOUNDATION
a nonprofit corporation
By: _______________________
(Signature)
Name: ____________________
(Print)
Title: _____________________
Dated: _______________, 2026
CITY OF ARVIN
a municipal corporation
By: _____________________________
Jeff Jones, City Manager
Dated: ________________, 2026
ATTEST:
By: ____________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM:
Burke, Williams & Sorensen, LLP
By: __________________
Stephanie Gutierrez
City Attorney
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
EXHIBIT A
LEGAL DESCRIPTION
Lots 11-20, Block 15, of the Final Map of Tract 1002 according to the map thereof recorded with Kern County Records.
(Portion of APNs 190-072-01 and 190-072-04).
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
EXHIBIT B
LEASE PREMISES
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
THE ADOBE COMPLEX
North A Street
4THAVE
A@ 247 sq. ft.
B@ 344 sq. ft.
C@ 228 sq. ft.
D@ 219 sq. ft.
E@ 213 sq. ft.
F@ 224 sq. ft.
G@ 218 sq. ft.
H@ 267 sq. ft. I @ 521 sq. ft. J @ 161 sq. ft. K @ 172 sq. ft. L @ 155 sq. ft. M @ 158 sq. ft.
Total sq. ft. : 3127 sq. ft.
AB
CDE
FGHI
JKLM
MI PUEBLO
FOUNDATION
(1,315 sq. ft.)
Restroom
Kitchen
Suite Y
Fountain
Veteran’s Hall
Gazebo
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo
EMERGENCY CONTACT LIST
BUSINESS NAME:_____________________________________________
PERSONAL
OWNER(S)___________________________________________________
CONTACT IN CASE OF PERSONAL EMERGENCY
Name:_______________________________________________________ Daytime Phone: _______________________________
After Hours Phone: ___________________________
CONTACT IN CASE OF FACILITIES EMERGENCY
MANAGER’S NAME:____________________________________________ MANAGER’S PHONE: ________________________ HOME: ________ ALTERNATE CONTACT:_________________________________________ PHONE: ______________________________________
OTHER CONTACTS:____________________________________________
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
ADOBE COMPLEX
MOVE-IN INSPECTION LIST
Date of Inspection: _________________ Suite(s) #
Check
1. Space completely empty of any and all tenants owned items □
2. All floors swept/vacuumed □
3. Walls cleaned □
4. All holes in walls filled □
5. Windows and window sills clean □
6. Doors and door handles clean, inside and out □
7. Door locks in good working condition □
8. All keys returned □
9. Electrical cover and switch plates intact and in place □
10. Light fixtures cleaned and light bulbs in place and operational □
11. Exterior area of business clear and free of debris. □
LESSEE/COMPANY
I acknowledge receipt of this move-in inspection list and understand the City of Arvin will deduct all costs for labor and repairs and/or parts from our deposit upon termination of the lease for the above-mentioned Suite(s).
Lessee/Company Name:
Print Name:
Lessee/Company Authorized Personnel
Signature:
Lessee/Company Authorized Personnel
Date:
CITY OF ARVIN
MAINTENANCE & INFRASTRUCTURE DEPARTMENT
Inspected by:
Signature
Print Name/Title:
Date: _____________________________________
SUBMIT COMPLETED FORM TO THE CITY CLERK’S OFFICE ALONG WITH PHOTOS, IF ANY, AFTER INSPECTION.
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
ADOBE COMPLEX
MOVE-OUT INSPECTION LIST
(Page 1 of 2)
Date of Inspection: _________________ Suite(s) #
Check
1. Space completely empty of any and all tenants owned items □
2. All floors swept/vacuumed □
3. Walls cleaned □
4. All holes in walls filled □
5. Windows and window sills clean □
6. Doors and door handles clean, inside and out □
7. Door locks in good working condition □
8. All keys returned □
9. Electrical cover and switch plates intact and in place □
10. Light fixtures cleaned and light bulbs in place and operational □
11. Exterior area of business clear and free of debris. □ Repairs Needed: Hours:
_________________________________________
Hours_________________
_________________________________________
Hours_________________
_________________________________________
Hours_________________
Parts Replaced: Total Costs:
_________________________________________
$_____________________
_________________________________________
$_____________________
_________________________________________
$_____________________
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ________________________
Total Hours for Clean Up: ___________.
No Charge. Area was found in good condition.
Please Charge Lessee for ___________ hours.
Total Charges for Damages and/or Parts: $_________________ Please provide any additional details on cleaning, including damages and repairs or replacement parts needed:
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
CITY OF ARVIN
Inspected by: ________________________________
City of Arvin Maintenance & Infrastructure
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
ADOBE COMPLEX
MOVE-OUT INSPECTION LIST
(Page 2 of 2)
LESSEE/COMPANY
I acknowledge receipt of this move-out inspection list and understand the City of Arvin will deduct the above-mentioned amount for repairs and/or parts from our deposit previously provided to the City of Arvin for the above-mentioned Suite(s).
Lessee/Company Name:
Print Name:
Lessee/Company Authorized Personnel
Signature:
Lessee/Company Authorized Personnel
Date:
SUBMIT COMPLETED FORM TO THE CITY CLERK’S OFFICE ALONG WITH PHOTOS, IF ANY, AFTER INSPECTION.
For Office Use Only:
Hours Charged: ___________ @ $40.00 hour = $__________________ Damages/Parts Charges = $________________ Total Costs: $_____________ Date Received: Processed By
5.D.2
Attachment: Lease Agreement Adobe Plaza_Mi Pueblo_101326 (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza Complex
CITY OF ARVIN
APPLICATION FOR LEASE OF CITY FACILITY
(For leasing of City-owned pr:operty for more than 30 days)
1. City Facility (check applicable location):
Adobe Plaza Complex, 141 "A" St., Arvin, Suite #
Arvin Community Center, 800 Walnut Dr, Arvin, Room # _
2. Proposed Date of Commencement of Lease: 5J: 2oZC
3. Proposed Date of Termination of Lease: 27
4. lntended Use of City Facility:
5. List any public services, programs, or benefits provided the nded use of the property, if any: s6. Legal Name ofTenant:
7. Address:
OL 8. Other na On c/+ It7b /
toairmes used
u E/t6
d tenant:
9. lf an entity, specify the type (i.e. corporation, LLC, LLP, etc.) and the state of formation, and if formed outside of California, provide confirmation of California filin as a foreign entilv:
p
10. ls tenant a tax-exempt entity: VesrV frfo
lf yes, under what section of the lnternal Reve e (e.9., 501(cX3))? (Must include documentation of non-profit status)
11. Date of entity formation, including a brief history or background of the entity:
- c
12. Number or percentage of the intended population served by the proposed use:
L@>-
(# or o/o)
5.D.3
Attachment: Mi Pueblo Foundation - Lease Application_101326_Redacted (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza
13. Estimated portion of the population provided that resides within Gity of Arvin: #"fu
14. Number of Employees who willwork at the City facility= /
15. Approximate number of employees tenant anticipates hiring from the Arvin community to work at the property, if any: _L/e
16. Anticipated impacts of the use, including increased traffic, noise, effects on neighboring uses, etc.: /t/n E
17. Summary of any requested tenant improvements to the property: huln t ,
18. Any specific terms and conditions the leasing entity requests to be included or excluded from the lease agreement: I/tJtl.'? -
19. Contact information for representative of proposed tenant:
Name:
Email:
Phone Number:
t @tt'-,
20. Checklist - Tenant must provide the following, if applicable:
_ Copy of entity's bylawq or other similar document showing which individual(s) have signing authority for the entity.
$, +
services or business.
ng any ava CbLfu -T
ce related to the entity's
lf tax exempt, copy of documentation showing non-profit status Documentation showi ilable
{V1^F
_ Business entities must provide documentation showing
CFC
entity's officers, agent for
service of process, active standing with the California Secretary of State, and most current Statement of lnformation filed with the California Secretary of State. _ Documentation showing the proposed tenant's credit history, including outstanding liens, judgments, and bankruptcies. This requirement may be satisfied by providing the City with a business or individual credit report (depending on whether the proposed tenant is a business entity or individual).
This application will be reviewed by the City Manager or designee. The City Manager or designee may request any other information or documentation that he or she deems necessary to adequately evaluate the applicant, provided that requesfs for additional information or documentation shall not be unreasonably burdensome.
Submit Application to Arvin City Hall, City Clerk's Office 200 Campus Dr, Arvin, CA 93203 or via email to [email protected].
5.D.3
Attachment: Mi Pueblo Foundation - Lease Application_101326_Redacted (Lease Agreement with Mi Pueblo Foundation for Use of Adobe Plaza
Authorization for public informational town hall regarding Measure H
CITY OF ARVIN
Staff Report
Meeting Date: October 13, 2026
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Authorization for the City of Arvin to conduct a public informational town hall meeting and provide neutral, factual educational resources regarding Measure H (the Arvin Essential City Services Sales Tax), in a manner compliant with California restrictions on the use of public resources concerning ballot measures.
BACKGROUND:
On June 25, 2026, the City Council called a general municipal election and placed the Arvin Essential City Services Sales Tax measure (“Measure H”) on the November 3, 2026, ballot.
Measure H may have significant implications for the City of Arvin and its residents. To ensure community members have access to accurate, factual, and comprehensive information, staff proposes hosting a public town hall meeting focused on educating residents about Measure H.
The purpose of the town hall is to provide objective information regarding the measure, explain its provisions and potential impacts on City operations, answer questions from the public, and direct residents to additional educational resources. The event, and all related materials, will be structured and conducted to comply with California law governing the use of public resources in connection with ballot measures, as summarized in the Legal Considerations section below.
California law prohibits the expenditure of public resources, which includes not only money but also employee time and the use of publicly owned property, to support or oppose a ballot measure. A local agency may, however, use public resources to provide the public with an accurate, fair, and impartial presentation of relevant facts about a measure’s possible effects on the agency (Gov. Code § 54964). This report and the proposed town hall are designed to stay within that informational boundary.
DISCUSSION:
Town Hall Purpose
The proposed town hall will:
• Provide a factual overview of Measure H.
• Explain what the measure would do if approved by voters, based on the ballot language and impartial analysis.
5.E.1
Attachment: Staff Report - Authorization for public informational town hall regarding Measure H_101326 (Authorization to Hold Public
Authorization for public informational town hall regarding Measure H • Objectively describe how the measure may affect City operations, services, finances, infrastructure, or other applicable areas, using past and present facts. • Increase transparency and public understanding of the measure before the election.
The town hall will not advocate for or against Measure H, will not use argumentative or inflammatory rhetoric, and will not urge residents to vote in any particular manner.
Presentations and materials will present facts rather than advocate a position, maintain an informational and analytical style and tenor, and be timed to educate rather than persuade the electorate.
Event Format
Staff proposes the following format:
Location: Arvin Veteran’s Hall
Date and Time: October 22, 2026
Duration: 6:00 p.m. – 8:00 p.m.
Agenda
1. Welcome and Introductions
2. Overview of Measure H (ballot language and impartial analysis)
3. Presentation of Key Facts and Provisions
4. Objective Discussion of Potential Community Impacts
5. Frequently Asked Questions
6. Public Question-and-Answer Session
7. Resource Distribution and Closing Remarks
To keep the event within its permissible informational role, the presentation and discussion will be factual and analytical in tone, will present relevant facts (including any fiscal cost to the average resident) in an objective and nonpartisan manner, and will avoid any content that, by its style, tenor, or timing, could reasonably be characterized as campaign activity. Staff will not distribute or display campaign literature prepared by private proponents or opponents of the measure.
Brown Act Compliance
Staff proposes to structure the town hall so that it does not become a meeting of the City Council under the Ralph M. Brown Act. A “meeting” subject to the Act occurs when a majority of the members of the legislative body (a quorum) congregate at the same time and location to hear, discuss, deliberate, or take action on a matter within the Council’s subject-matter jurisdiction (Gov. Code § 54952.2). For the five member City Council, a quorum is three members.
Because the City itself is organizing the event, the Brown Act exceptions that permit a quorum to attend certain gatherings, including the exception for an open and publicized meeting on a topic of local community concern organized by an entity other than the local agency, generally do not apply. To avoid triggering the Act’s agenda-posting, open-session, and related requirements,
5.E.1
Attachment: Staff Report - Authorization for public informational town hall regarding Measure H_101326 (Authorization to Hold Public
Authorization for public informational town hall regarding Measure H staff therefore recommends that:
• No more than two City Councilmembers (if any) attend the town hall. Keeping attendance below a quorum means the gathering is not a Council “meeting” under the Brown Act, and the Act’s noticing and agenda requirements are not triggered. • Any Councilmembers who attend do so to observe and provide neutral, factual information only, and do not use the event to discuss, deliberate, or take action among themselves on Measure H or any other item within the Council’s jurisdiction. • Councilmembers avoid a series of communications (directly or through staff or other intermediaries) that would allow a a majority to discuss or deliberate on Measure H or the event outside of a properly noticed meeting, which the Act prohibits as a “serial meeting.”
The City Attorney’s Office will advise on attendance and logistics before the event is scheduled to confirm the event remains below a quorum and outside the Brown Act’s meeting requirements.
Educational Resources
To support public understanding, staff will prepare and distribute educational materials. All materials will present objective facts, avoid argumentative or inflammatory rhetoric, and refrain from urging voters to vote in a particular manner. Each item will be reviewed and approved by the City Attorney’s Office for neutrality and legal compliance before it is published or distributed.
Resources will be made available on the City website, through social media channels, at City Hall and during the town hall event.
Managing Public Comment and Q&A
The question-and-answer portion will be moderated to keep the event within its informational purpose. Staff will respond to questions with objective, factual answers and will not use the forum to advocate a position. While members of the public retain their right to express views, staff and officials will not use public resources or the City’s platform to campaign, and the moderator will redirect the discussion if it turns from factual inquiry to campaign advocacy, in order to avoid an impermissible use of public resources.
Legal Considerations
All materials and presentations provided by the City will be factual, objective, and informational.
The town hall will not advocate for or against Measure H and will be conducted in accordance with California law governing the use of public resources related to ballot measures.
Governing standard. Government Code section 54964(a) prohibits an officer, employee, or consultant of a local agency from expending or authorizing the expenditure of agency funds to support or oppose a ballot measure. Section 54964(c) permits the expenditure of funds to inform the public about a measure’s possible effects on the agency only if the activity is not otherwise
5.E.1
Attachment: Staff Report - Authorization for public informational town hall regarding Measure H_101326 (Authorization to Hold Public
Authorization for public informational town hall regarding Measure H prohibited by law and the information constitutes “an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment.” Hosting a neutral, factual public informational town hall regarding Measure H will provide Arvin residents with an opportunity to learn about the measure, ask questions, and access reliable educational resources. Conducted within the limits of Government Code section 54964 and the Stanson/Vargas standard, with City Attorney review of all materials, Council attendance kept below a quorum to stay outside the Brown Act, and compliance with Political Reform Act massmailing requirements, the proposed outreach supports transparency, public engagement, and informed civic participation while maintaining the City’s commitment to neutrality and its obligation not to use public resources to support or oppose the measure. (Stanson v. Mott (1976) 17 Cal.3d 206, 209-210; Vargas v. City of Salinas (2009) 46 Cal.4th 1, 35-36.) FINANCIAL IMPACT:
The estimated cost of conducting the town hall is approximately $XX, which may include:
• Facility preparation and staffing;
• Printing and educational materials;
• Translation and interpretation services;
• Public outreach and advertising.
All expenditures are limited to informational and administrative costs and will be drawn from the general budget. No funds will be expended to support or oppose Measure H or for campaign materials or activities.
RECOMMENDATION:
Staff recommends City Council:
1. Authorize staff to organize and conduct a neutral, factual public informational town hall regarding Measure H, limited to an accurate, fair, and impartial presentation of relevant facts to aid voters in reaching an informed judgment, consistent with Government Code section 54964(c);
2. Direct staff to distribute factual, non-advocacy educational materials concerning Measure H, subject to prior review and approval by the City Attorney’s Office for legal compliance before publication or distribution; and
3. Authorize the use of the Veteran’s Hall and communication platforms to provide neutral and objective public information regarding the measure, provided that no City funds, staff time, facilities, or other public resources are used to support or oppose the measure or to urge a “yes” or “no” vote.
5.E.1
Attachment: Staff Report - Authorization for public informational town hall regarding Measure H_101326 (Authorization to Hold Public CITY OF ARVIN · JULY 30, 2026
ESSENTIAL
SERVICES
PROTECTION
MEASURE H
RATE
1%
ANNUAL REVENUE
$2.35M
STAYS IN ARVIN
100%
[ PHOTO PLACEHOLDER ]
ARVIN POLICE / FIRE CREW
GRAYSCALE, FULL-BLEED
RIGHT THIRD
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town
THE PRESSURE ON LOCAL BUDGETS
Arvin faces the same financial pressures affecting
communities throughout California — but with fewer
resources to absorb them.
01 The cost of training and
retaining public safety
personnel continues to
increase.
02 Insurance costs have risen
sharply.
03 Fuel, equipment, emergency
vehicles, technology,
maintenance and basic
supplies have all climbed with
national inflation.
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town Even when the City operates
carefully and responsibly, each
local dollar buys less than it did
only a few years ago.
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town WHAT IS AT RISK SECTION 04
Without a stable source of locally
controlled funding, cuts to essential
services may become necessary.
Fewer police officers and
neighborhood patrols
Potential cuts to firefighters
and reduced emergency
staffing
Slower or more limited
responses when residents
call 911
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town
A REAL POSSIBILITY
These are difficult choices no
community wants to make — but
they are real possibilities if rising
costs continue to outpace
available funding.
05 / 15
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town THE COST OF WAITING SECTION 06
Waiting until services are
reduced would cost Arvin far
more — in safety, reliability
and quality of life — than
acting now to protect them.
“Measure H protects services we cannot
afford to lose.”
Every dollar generated by Measure H would
remain in Arvin for local priorities. The State
could not take these funds or redirect them
elsewhere.
Accountability would be built in through
annual independent financial audits, public
reporting, and review by an independent
citizens’ oversight committee.
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town WHAT THE MEASURE IS SECTION 07
PROTECTING ARVIN — NOT
EXPANDING CITY GOVERNMENT.
Maintain police, fire and emergency
response
Protect 911 services
Keep public areas safe Prevent deeper cuts to basic City services 07 / 15
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town THE RECORD SECTION 08
ARVIN HAS BEEN DOING
MORE WITH LESS.
Arvin is a hardworking community. Its residents expect
the City to be equally hardworking with their money.
For years, the City has stretched limited resources, pursued grants, controlled costs and made difficult budget decisions.
But grants are usually temporary and restricted to specific projects.
CITY OF ARVIN 08 / 15
[ PHOTO PLACEHOLDER ] CITY
CREW OR PUBLIC WORKS
GRAYSCALE, FULL-BLEED
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town LOCAL CONTROL SECTION 12
STATE TAXES
Leave the community
A LOCAL MEASURE
Stays under local control
Arvin voters determine whether it is approved Arvin residents can see how the money is used Local officials remain directly accountable Every dollar is used for services here in Arvin CITY OF ARVIN 12 / 15
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town ACCOUNTABILITY SECTION 14
“The measure must come with accountability
residents can see — independent audits, public
reports, citizens’ oversight, and a clear accounting
of how every dollar is used.”
Independent financial
audits
Public disclosure of
revenues and
expenditures
Regular reports
available to residents
Citizens’ oversight
Funds subject to local
control
Budget discussions
conducted in public
No blank check and no hidden spending
CITY OF ARVIN 14 / 15
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town THE BALLOT QUESTION NOVEMBER 3, 2026
To protect funding for the City of Arvin’s local police and fire departments, 911 emergency response, street and
road repairs, parks, youth and senior services, and other general city services, shall the measure establishing a 1% transactions and use tax in the City of Arvin,
providing approximately $2,350,000 annually , until
ended by voters, with all funds staying local, audited
independently, and publicly disclosed, be adopted?
RATE
1%
ANNUAL REVENUE
$2.35M
STAYS IN ARVIN
100%
15 / 15
RK1
5.E.2
Attachment: Measure H Presentation_English_101326 (Authorization to Hold Public Informational Town CIUDAD DE ARVIN · 30 DE JULIO DE 2026
MEASURE H
PARA
PROTEGER LOS
SERVICIOS BÁSICOS
TASA
1 %
INGRESO ANUAL
$ 2,35M
SE QUEDA EN ARVIN
100 %
[ PHOTO PLACEHOLDER ]
ARVIN POLICE / FIRE CREW
GRAYSCALE, FULL-BLEED
RIGHT THIRD
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town
LAS PRESIONES EN EL PRESUPUESTO LOCAL
Arvin enfrenta las mismas presiones financieras que
afectan a todas las comunidades de California, pero
tiene menos recursos para absorberlas.
01 El costo para capacitar y
retener al personal de
seguridad pública sigue
creciendo.
02 Los costos de los seguros
han aumentado
significativamente.
03 El costo del combustible, los
equipos y vehículos de
emergencia, la tecnología, el
mantenimiento y los insumos
básicos han incrementado a la par
de la inflación nacional.
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town Aunque la ciudad opera de
manera precavida y responsable,
cada dólar local tiene menos
poder adquisitivo del que tenia
hace algunos años.
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town ¿QUÉ ES UN RIESGO? SECCIÓN 04
Sin una fuente estable de fondos
controlados a nivel local, podría ser
necesario hacer recortes en los
servicios básicos.
Menos oficiales de policía y
patrullas en los vecindarios
Posibles recortes en el
cuerpo de bomberos y
menos personal para
responder a emergencias
Respuesta más lenta o
limitada a las llamadas al 911
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town
UNA POSIBILIDAD REAL
Estas son decisiones difíciles que
ninguna comunidad quisiera tomar,
pero son posibilidades reales si los
crecientes costos continúan
superando los fondos disponibles.
05 / 15
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town EL COSTO DE ESPERAR SECCIÓN 06
Esperar hasta que se
reduzcan los servicios le
costaría a Arvin mucho más
en materia de seguridad,
confiabilidad y calidad de
vida que actuar ahora para
protegerlos.
La “Measure H” protege servicios de los
que no podemos prescindir.
Cada dólar generado por “Measure H” se
quedaría en Arvin para cubrir prioridades
locales. El estado no podría tomar estos
fondos o redirigirlos a otra parte.
Habría rendición de cuentas a través de
auditorías financieras independientes anuales,
reportes públicos y la revisión de un comité de
supervisión independiente de los ciudadanos.
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town ¿PARA QUÉ ES ESTA MEDIDA? SECCIÓN 07
PROTEGER A ARVIN — NO EXPANDIR
EL GOBIERNO DE LA CIUDAD.
Mantener la capacidad de respuesta de la
policía, los bomberos y los servicios de
emergencia.
Proteger los servicios del 911
Mantener la seguridad de las áreas públicas.
Prevenir recortes importantes en los
servicios básicos de la ciudad.
07 / 15
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town EL RÉCORD SECCIÓN 08
ARVIN HA HECHO MÁS
CON MENOS.
Arvin es una comunidad que trabaja duro. Sus residentes esperan que la ciudad trabaje igual de duro con su dinero.
Por años, la ciudad ha hecho rendir al máximo los recursos limitados, ha buscado subsidios, controlado los costos y tomado decisiones presupuestales difíciles. Sin embargo, los subsidios generalmente son temporales y se limitan a proyectos específicos.
CIUDAD DE ARVIN 08 / 15
[ PHOTO PLACEHOLDER ] CITY
CREW OR PUBLIC WORKS
GRAYSCALE, FULL-BLEED
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town CONTROL LOCAL SECCIÓN 12
IMPUESTOS ESTATALES
No se quedan en la comunidad
UNA MEDIDA LOCAL
Se queda bajo control local
Los electores de Arvin determinan si se aprueba o no. Los residentes de Arvin pueden ver cómo se usa el dinero.
Los funcionarios locales siguen siendo directamente
responsables. Cada dólar se usa para servicios aquí en Arvin CIUDAD DE ARVIN 12 / 15
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town RENDICIÓN DE CUENTAS SECCIÓN 14
“La medida debe incluir una rendición de cuentas
que sea visible para los residentes: auditorías
independientes, informes públicos, supervisión
ciudadana y rendición de cuentas clara sobre cómo
se usa cada dólar”.
Auditorías financieras
independientes
Divulgación pública de
gastos e ingresos
Informes periódicos a
disposición de los
residentes
Supervisión ciudadana
Fondos sujetos a
control local
Discusiones públicas
sobre el presupuesto
Sin cheques en blanco ni gastos ocultos
CIUDAD DE ARVIN 14 / 15
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town THE BALLOT QUESTION 3 DE NOVIEMBRE DE 2026
Con la finalidad de proteger el financiamiento de los
departamentos locales de policía y bomberos, la capacidad de respuesta de la línea de emergencia 911, las
reparaciones de calles y avenidas, el mantenimiento de
parques y los servicios para jóvenes y adultos mayores, así como otros servicios generales de la ciudad de Arvin,
¿debería adoptarse la medida que establece un impuesto
de uso y transacciones del 1 % en la ciudad de Arvin, la cual generaría aproximadamente $ 2 350 000 al año, hasta que los electores así lo decidan y garantizando que todos los fondos se queden bajo control local, se auditen de manera independiente y se revelen al público?
TASA
1 %
INGRESO ANUAL
$ 2,35M
SE QUEDA EN ARVIN
100 %
15 / 15
RK1
5.E.3
Attachment: Measure H Presentation_Spanish_101326 (Authorization to Hold Public Informational Town
Fentanyl Awareness and Education Workshop Staff Report
CITY OF ARVIN
Staff Report
Meeting Date: October 13, 2026
TO: Arvin City Council
FROM: Cecilio Velasco, Chief of Police
Jeff Jones, City Manager
SUBJECT: Fentanyl Awareness and Education Workshop – Community Education and Outreach Under the Kern County Fentanyl Misuse and Overdose Prevention Task Force Grant
BACKGROUND:
In 2024, the City of Arvin entered into an Allocation Disbursement Agreement with the County of Kern for participation in the Kern County Fentanyl Misuse and Overdose Prevention Task Force Fund program. Through this program, the City received a $700,000 allocation funded pursuant to AB 33 (2023) to support efforts related to fentanyl misuse prevention, enforcement, treatment, data collection, public awareness, and community outreach.
On October 14, 2025, the City Council reviewed and approved a proposed spending plan for the grant funds. Subsequently, on December 9, 2025, the City Council adopted Resolution No. 2025-79 formally allocating the grant funds. Among the approved allocations were $86,405.39 for the procurement and installation of communications equipment at the Arvin Veterans Hall to support community outreach and fentanyl awareness efforts, and $7,805.00 for the development and implementation of educational programs with schools, community centers, local organizations, and residents regarding the dangers of drug abuse, particularly fentanyl.
The Veterans Hall communications equipment project was specifically approved to modernize the facility's communications capabilities and allow officers to utilize the venue as a hub for community outreach, public meetings, and fentanyl awareness education.
DISCUSSION:
The City of Arvin proposes to host a Fentanyl Awareness and Education Workshop on Friday, October 23, 2026, from 6:00 p.m. to 7:30 p.m. at the Veterans Hall. The workshop will provide residents with information regarding the dangers of fentanyl use, accidental exposure risks, overdose prevention, available community resources, and ongoing efforts to combat fentanyl misuse within the community.
The workshop directly supports the objectives identified in the Kern County Fentanyl Misuse and Overdose Prevention Task Force Fund program, including increasing public awareness, strengthening local prevention efforts, and providing community-based education regarding fentanyl misuse. The event also aligns with the community education initiatives specifically approved by Resolution No. 2025-79, including educational programming with schools, community centers, community organizations, and residents.
5.F.1
Attachment: Staff Report Discussion and Authorizing Fentanyl Presentation Subject to Compliance with City Policies_101326 (Fentanyl
Fentanyl Awareness and Education Workshop Staff Report
In addition, the workshop will utilize the communications equipment installed at the Veterans Hall through grant funding. This use is consistent with the purpose for which the equipment was acquired, namely to facilitate educational presentations, public meetings, and community outreach activities relating to fentanyl awareness and prevention.
The Arvin Police Department will coordinate the workshop and associated public outreach efforts as part of the City's ongoing implementation of the approved grant-funded community education initiatives.
FINANCIAL IMPACT:
The City previously received a $700,000 allocation through the Kern County Fentanyl Misuse and Overdose Prevention Task Force Fund. The Veterans Hall communication equipment upgrades were funded from this grant as part of the City's fentanyl prevention and community education efforts. The workshop is intended to be conducted within the scope of the existing grant-funded project. Any expenditures associated with the event will be subject to available grant funding, applicable grant requirements, and City purchasing and budget procedures.
RECOMMENDATION:
Staff recommends that the City Council receive and discuss this report and authorize the Arvin Police Department to proceed with the Fentanyl Awareness and Education Workshop on Friday, October 23, 2026, from 6:00 p.m. to 7:30 p.m., as part of the City's community education and outreach efforts under the Kern County Fentanyl Misuse and Overdose Prevention Task Force Fund.
ATTACHMENTS:
None.
5.F.1
Attachment: Staff Report Discussion and Authorizing Fentanyl Presentation Subject to Compliance with City Policies_101326 (Fentanyl
Staff Report – Ratify Emergency Action for Removal of Fallen Tree at DiGiorgio Park.
CITY OF ARVIN
Staff Report
Meeting Date: October 13, 2026
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Consideration and Adoption of a Resolution Ratifying Emergency Action for Removal of a Fallen and Hazardous Eucalyptus Tree at DiGiorgio Park and Clearing of Meyer Street, and Ratifying the Emergency Contract with Legacy Landscaping Lawn and Tree Services (Public Contract Code §§ 20168 and 22050) (Four-Fifths Vote Required)
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution, by a four-fifths vote, (1) declaring that an emergency existed and that the public interest and necessity demanded the immediate expenditure of public funds to safeguard life, health, and property; (2) finding, based on substantial evidence, that the emergency would not permit the delay resulting from a competitive solicitation for bids and that the emergency action was necessary to respond to the emergency; and (3) ratifying and approving the emergency action taken by City staff, including the emergency contract with Legacy Landscaping Lawn and Tree Services in the amount of $24,000.00.
BACKGROUND
On or about September 26, 2026, a major section of an extremely large, mature eucalyptus tree at DiGiorgio Park fell across Meyer Street, completely blocking the roadway and preventing traffic from traveling in both the northbound and southbound directions. Because of the size and weight of the fallen section, immediate removal was necessary to safely reopen the roadway and eliminate the hazardous condition.
Inspection of the remaining tree revealed that it was exceptionally large, mature, and heavily overgrown. The tree’s trunk circumference was approximately 18 feet, with the trunk extending about 13 feet in height before reaching the crown, and it exhibited significant internal decay and deterioration. Given the tree’s size, weight, and location immediately adjacent to the roadway, the remaining tree presented a continuing risk of collapse and required careful, controlled removal.
On September 26, 2026, Public Works Supervisor Pedro Barraza viewed the damage and determined that Public Works staff did not have the necessary equipment and personnel to safely and efficiently remove the obstruction and mitigate the remaining hazards.
To protect public health and safety and restore access on Meyer Street, City staff took immediate action to engage a qualified tree-removal contractor to clear the roadway and remove the
5.G.1
Attachment: Staff Report Emergency Removal of Fallen Tree DiGiorgio Park_101326 (Ratifying Emergency Action Taken to Remove Fallen Tree
Staff Report – Ratify Emergency Action for Removal of Fallen Tree at DiGiorgio Park. hazardous tree. Staff obtained an estimate from Legacy Landscaping Lawn and Tree Services (Estimate No. 1071, dated September 26, 2026) and authorized the emergency work.
DISCUSSION
The fallen tree section fully obstructed Meyer Street in both directions, creating an immediate hazard to vehicular and pedestrian traffic and blocking a public roadway. The remaining eucalyptus, with an approximately 18-foot circumference base and significant internal decay adjacent to the roadway, posed an imminent risk of further failure. These conditions constituted an emergency requiring immediate action. Any delay to conduct a formal competitive bidding process would have prolonged the roadway closure and the threat to public safety.
California law authorizes a city to respond to an emergency without competitive bidding, subject to specific findings and procedures. Under Public Contract Code § 20168, the City Council may, by a four-fifths vote, adopt a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and may then expend any sum required without complying with the ordinary competitive-bidding requirements. Where notice for bids is not given, the Council must comply with Chapter 2.5 (commencing with § 22050).
Pursuant to Public Contract Code § 22050, in case of an emergency, a public agency, by a fourfifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by the emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids. Before taking any such action, the governing body must make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. The facts set forth above constitute substantial evidence supporting these findings.
Once the governing body ratifies the emergency action, it must review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, determining by a four-fifths vote that there is a need to continue the action. (Cal. Pub. Cont. Code § 22050(c)(1)) The Council must terminate the emergency action at the earliest possible date that conditions warrant, so that any remaining work may be completed through ordinary competitive bidding. Because the emergency tree removal and roadway clearing described in Estimate No. 1071 are complete (or substantially complete), staff anticipates that no continued emergency action will be necessary and recommends that the Council terminate the action upon completion. If any related work remains, staff will return to the Council for the periodic review required by § 22050(c).
FISCAL IMPACTS
The total cost of the emergency work is $24,000.00. The amount covers all labor, specialized and rigging equipment, ropes, large-capacity chainsaws, hauling, disposal fees, and final cleanup.
ATTACHMENTS
1. Resolution
2. Legacy Landscaping Lawn & Tree Services Estimate No. 1071, September 26, 2026
5.G.1
Attachment: Staff Report Emergency Removal of Fallen Tree DiGiorgio Park_101326 (Ratifying Emergency Action Taken to Remove Fallen Tree
Reso Ratifying Emergency Action for Fallen Tree at DiGiorgio Park.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN (1)
FINDING THAT AN EMERGENCY HAS REQUIRED THE CITY TO
WAIVE FORMAL BIDDING REQUIREMENTS AS OUTLINED IN THE
CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050 AND ARVIN MUNICIPAL CODE SECTION 3.08.070(B), (2) RATIFYING
THE EMERGENCY ACTION TAKEN TO REMOVE A FALLEN AND
HAZARDOUS EUCALYPTUS TREE AT DIGIORGIO PARK AND TO
CLEAR MEYER STREET, AND (3) RATIFYING THE EMERGENCY
CONTRACT WITH LEGACY LANDSCAPING LAWN AND TREE
SERVICES (4/5 VOTE REQUIRED)
WHEREAS, on or about September 26, 2026, a major section of an extremely large, mature eucalyptus tree at DiGiorgio Park fell across Meyer Street, completely blocking the roadway and preventing traffic from traveling in both the northbound and southbound directions; and
WHEREAS, due to the size and weight of the fallen section, immediate removal was necessary to safely reopen the roadway and eliminate the hazardous condition; and WHEREAS, the remaining eucalyptus tree’s trunk circumference measured approximately 18 feet across at its base, with a trunk extending approximately 13 feet in height before reaching the crown, and exhibited significant internal decay and deterioration, and by reason of its size, condition, weight, and location immediately adjacent to the roadway presented a continuing and imminent risk to public safety requiring careful, controlled removal; and WHEREAS, on September 26, 2026, the damage was viewed by the Department of Public Works and it was determined that Public Works staff did not have the necessary equipment and personnel to safely and efficiently remove the obstruction and mitigate the remaining hazards; and
WHEREAS, the condition constituted an emergency that posed an immediate danger to life, health, and property and to the traveling public, and that would not permit the delay resulting from a formal competitive solicitation for bids; and WHEREAS, to safeguard life, health, and property, City staff took immediate action to engage Legacy Landscaping Lawn and Tree Services to clear the roadway, dismantle and remove the fallen and remaining tree, cut oversized limbs and trunk sections, haul away and dispose of all debris, and clean the affected area, as described in Estimate No. 1071 dated September 26, 2026, and attached hereto as Exhibit “A”; and WHEREAS, the total cost of the emergency work is $24,000.00, which includes all labor, specialized equipment, rigging equipment and ropes, large-capacity chainsaws, hauling, disposal fees, and final cleanup; and
WHEREAS, the Arvin Municipal Code Section 3.08.070(B) allows the City to dispense with bidding or open market procedures when an emergency requires that an order be placed with the nearest available source of supply; and
5.G.2
Attachment: Reso Ratifying Emergency Removal of Fallen Tree_101326 (Ratifying Emergency Action Taken to Remove Fallen Tree at DiGiorgio
Reso Ratifying Emergency Action for Fallen Tree at DiGiorgio Park.
WHEREAS, Public Contract Code section 20168 authorizes the City Council, in case of an emergency, to pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereafter to expend any sum required in the emergency without competitive bidding, provided the City complies with Chapter 2.5 (commencing with Section 22050) of the Public Contract Code; and
WHEREAS, California Public Contract Code Section 22050 authorizes a public agency, by a four-fifths vote of its governing body, in the case of an emergency, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and
WHEREAS, Public Contract Code Section 22050 further requires the governing body to make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency
WHEREAS, “Emergency,” as used in the California Public Contract Code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, pursuant to California Public Contract Code, Section 1102; and WHEREAS, pursuant to Section 22050(b), the City Council, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to Section 22050(a); and
WHEREAS, if a person with authority delegated pursuant to Section 22050(b) orders any action specified in Section 22050(a), the City Council shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action; and WHEREAS, the facts recited above constitute substantial evidence supporting the required findings; and
WHEREAS, the City Council has considered the staff report, the estimate, and all other evidence presented at its meeting.
NOW, THEREFORE, THE CITY OF ARVIN DOES HEREBY RESOLVE,
DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Recitals The foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. Declaration of Emergency. Pursuant to Public Contract Code section 20168, the City Council hereby finds and declares that an emergency existed and that the public interest and necessity demanded the immediate
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Attachment: Reso Ratifying Emergency Removal of Fallen Tree_101326 (Ratifying Emergency Action Taken to Remove Fallen Tree at DiGiorgio
Reso Ratifying Emergency Action for Fallen Tree at DiGiorgio Park. expenditure of public money to safeguard life, health, and property arising from the fallen and hazardous eucalyptus tree at DiGiorgio Park and the resulting obstruction of Meyer Street.
Section 3. Findings Under Public Contract Code Section 22050. The City Council hereby finds and determines, based on the substantial evidence set forth in these recitals, the staff report, and the record of this meeting, that (a) the emergency would not permit a delay resulting from a competitive solicitation for bids; and (b) the emergency action taken was necessary to respond 6to the emergency.
Section 4. Ratification of Emergency Action and Contract. The City Council hereby ratifies, approves, and confirms the emergency action taken by City staff, including the engagement of and emergency contract with Legacy Landscaping Lawn and Tree Services for the emergency tree removal and roadway clearing described in Estimate No. 1071 dated September 26, 2026, in the total amount of $24,000.00
Section 5. Authorization. The City Manager, or designee, is hereby authorized and directed to take all actions and execute all documents necessary to carry out and effectuate the intent of this Resolution, including payment for the emergency work in an amount not to exceed $24,000.00, and to make any budget appropriation or amendment necessary therefore.
Section 6. Continuing Review and Termination. Consistent with Public Contract Code section 22050, the City Council shall review this emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, and by a four-fifths vote shall determine whether there is a need to continue the action. The emergency action shall be terminated at the earliest possible date that conditions warrant so that any remaining work may be completed by giving notice for bids to let contracts. The City Council finds that the emergency work herein is complete and hereby terminates the emergency action upon final completion and payment.
Section 7. Effective Date. This Resolution will become effective immediately upon its adoption.
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Attachment: Reso Ratifying Emergency Removal of Fallen Tree_101326 (Ratifying Emergency Action Taken to Remove Fallen Tree at DiGiorgio
Reso Ratifying Emergency Action for Fallen Tree at DiGiorgio Park.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a special meeting thereof held on the 13th day of October 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 & Sorensen, LLP
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
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Attachment: Reso Ratifying Emergency Removal of Fallen Tree_101326 (Ratifying Emergency Action Taken to Remove Fallen Tree at DiGiorgio Legacy Landscaping Lawn and Tree Services
2501 Garden St
Wasco, CA 93280
661-910-6368
[email protected]
Estimate
ADDRESS
City of Arvin
200 Campus Dr
Arvin, CA 93203
ESTIMATE # 1071
DATE 09/26/2026
JOB SITE
DiGiorgio Park
SERVICE DESCRIPTION
Emergency Large Eucalyptus Tree
Removal & Roadway Clearing
Upon arrival at the location, it was observed that a major section of an extremely large, mature eucalyptus tree had fallen across Meyer Street, completely blocking the roadway and preventing traffic from traveling in both the northbound and southbound directions. Due to the size and weight of the fallen section, immediate removal was necessary to safely reopen the roadway and eliminate the hazardous condition.
The eucalyptus tree was exceptionally large, mature, and heavily overgrown. The base of the tree measured approximately 18ft across at ground level, with the massive trunk/base extending about 13ft in height before reaching the crown. Upon inspection, significant internal decay and deterioration was observed within the tree, creating additional safety concerns. Due to the trees size, condition, weight, and location adjacent to the roadway, the remaining tree requires careful and controlled removal.
The work includes clearing and removing the large fallen section from the roadway, sectional dismantling and complete removal of the remaining eucalyptus tree and cutting oversized limbs and trunk sections into manageable pieces for removal. Specialized tree removal equipment is required, including heavy duty rigging equipment, professional grade ropes, and large capacity chainsaws designed for cutting oversized limbs and trunk material.
These tools are necessary to safely control, lower, cut, and remove the extremely large and heavy sections of the tree.
All branches, logs, trunk sections, and tree debris generated during the removal will be loaded, hauled away, and properly disposed of. The affected work area and roadway will be cleaned upon completion.
Due to the extreme size and condition of the tree, emergency roadway obstruction, hazardous working conditions, specialized rigging requirements, equipment involved, extensive labor, hauling, and volume of debris, this project required a large scale tree removal operation.
Price includes all labor, specialized equipment, rigging equipment and ropes, large capacity chainsaws, hauling, disposal fees, and final cleanup.
Estimate valid for 30 days. Thank you for choosing Legacy Landscaping Lawn and Tree Service.
TOTAL $24,000.00
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Attachment: Estimate 1071 (Ratifying Emergency Action Taken to Remove Fallen Tree at DiGiorgio Park) Accepted By Accepted Date
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Attachment: Estimate 1071 (Ratifying Emergency Action Taken to Remove Fallen Tree at DiGiorgio Park)
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