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REGULAR MEETING AGENDA
OF THE
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING
AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY SEPTEMBER 19, 2017 6:00p.m.
CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Jose Gurrola
PLEDGE OF ALLEGIANCE
INVOCATION
*******************************************
ROLL CALL Jose Gurrola Mayor
Jazmin Robles Mayor Pro Tem
Erika Madrigal Councilmember
Jess Ortiz Councilmember
Gabriela Martinez Councilmember
******************************************
STAFF Alfonso Noyola City Manager
Shannon L. Chaffin City Attorney – Aleshire & Wynder
Don Dorman Interim Finance Director
Marti Brown Community Development Director
Richard G. Breckinridge Chief of Police
Nathan D. Meeks City Engineer – QK, Inc.
Cecilia Vela City Clerk
PUBLIC COMMENTS: The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to
the public. At regularly scheduled meetings, members of the public may address the City on any item listed on
the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings,
members of the public may only address the City on items listed on the agenda. The City may request speakers
to designate a spokesperson to provide public input on behalf of a group, based on the number of people
requesting to speak and the business of the City.
In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior
to the City meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to
the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may
act on an item that was not on the posted agenda.
AGENDA STAFF REPORTS AND HANDOUTS: Staff reports and other disclosable public records related to open session agenda items are available at City
Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.
CONDUCT IN THE CITY COUNCIL CHAMBERS: Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud,
threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt,
impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience
engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be
subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).
Removal from the Council Chambers
Any person who commits the following acts in respect to a meeting of the City shall be removed from the
Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof,
tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt
the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be
seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.
AMERICANS with DISABILITIES ACT: In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the
City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City
staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
1. Approval of Agenda as To Form. Motion Second Vote
Roll Call: CM Ortiz CM Madrigal CM Martinez ____ MPT Robles Mayor Gurrola ____
2. PUBLIC COMMENTS(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
3. PRESENTATION(S)A. Street Maintenance Update & Pot Hole Repair Schedule
Marti Brown, Community Development Director
4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of September 01, 2017 – September 14, 2017.
B. Approval of Payroll Register(s) of September 08, 2017. C. Approval of the Minutes of the Regular Meeting(s) of September 05, 2017.
D. Approval of A Resolution of the City Council of the City of Arvin to Authorize the
City Manager and/or the Mayor to Enter Into A Professional Services Agreement with EVgo for Electrical Charging Station Infrastructure; and Authorizing Related Actions.
E. Approval of A Resolution of the City Council of the City of Arvin Partially
Accepting the Work Completed by Bowman Asphalt as Substantially Complete and Relieving the Contractor of Liability for Certain Damages Caused by Public Use (Walnut Street Phase 1 Improvements).
F. Approval of A Resolution of the City Council of the City of Arvin Partially
Accepting the Work Completed by JTS Construction and as Substantially Complete and Relieving the Contractor of Liability for Certain Damages Caused by Public Use (Jewett Square: Garden in the Sun Park SW 15-001 State of California Department of Parks and Recreation).
G. Approval of Task Order No. 1710 Pursuant to the City Engineering Services
Agreement No. 2013-32 Between the City of Arvin, As Amended, For the Garden in the Sun Park Capital Improvement Project.
Arvin City Council Meeting Agenda 09/19/17Page 1 of 3
H. Accepting Dedication of a Landscape and Wall Easement Along South Comanche Road, Tract 5816, Phase 9.
I. Approval of Task Order No. 1712 Pursuant to the Professional Services Agreement Dated September 1, 2017 Between DeWalt Corporation and the City of Arvin for General Engineering and Plan Check Services.
J. Proclamation proclaiming September 15, 2017 to October 15, 2017 as
Hispanic Heritage Month. K. Approval to Receive and File the Independent Accountants’ Report on Agreed-
Upon Procedures Applied to Appropriations Limit Schedule For Year Ended June 30, 207.
L. Approval of A Resolution of the City Council of the City of Arvin Initiating
Amendment to Arvin Municipal Code Title 17 Zoning – Various Additions, Deletions, and Amendments.
Staff recommends approval of Consent Agenda.
Motion Second Vote
Roll Call: CM Ortiz CM Madrigal CM Martinez ____ MPT Robles Mayor Gurrola ____
5. DISCUSSION ITEM(S)
A. Discussion Regarding Restroom Facilities at Felecita Park (City Engineer)
6. STAFF REPORTSA. Annual Report – Information Technology (Cory Ferguson – Diamond
Technologies)
7. COUNCIL MEMBER COMMENTS
8. CLOSED SESSION ITEM(S)A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant
to Government Code, § 54956.9(d)(1)DFEH Complaint No. 768159-232472 (EEOC No. 37A-2016-02371-C) re Fred Rodriguez v. City of Arvin
Arvin City Council Meeting Agenda 09/19/17Page 2 of 3
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1).)DFEH Complaint No. 795473-277898 (EEOC No. 37A-2017-02409-C) re Fred Rodriguez v. City of Arvin
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code, § 54956.9(d)(1)Cecilia Vela v. City of Arvin (SEIU Grievance No. 75657-2016)
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant
to Government Code, § 54956.9(d)(1)Cecilia Vela v. City of Arvin (SEIU Grievance No. 75548-2016)
E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant
to Government Code, § 54956.9(d)(1)SEIU Local 521 v. City of Arvin, (SEIU Grievance No. 75350-2016)
F. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant
to Government Code § 54956.9(d)(1)SEIU Local 521 v. City of Arvin, PERB Case No. LA-CE-1059-M
G. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government
Code, § 54957.6):City Negotiator: Alfonso Noyola, City Manager and Pawan Gill, Human Resources AdministratorEmployee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.
H. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant
to Government Code, § 54956.9(d)(1)Sycamore Villas, LLC and Sycamore Villas Development, LLC v. City of Arvin, Case No. S-1500-CV 254053; andSycamore Villas, LLC and Sycamore Villas Development, LLC v. City of Arvin, Case No. S-1500-CV 258742 LPE.
9. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated September 14, 2017.
_________________________________Cecilia Vela, City Clerk
Arvin City Council Meeting Agenda 09/19/17Page 3 of 3
STREET MAINTENANCE
& REPAIR UPDATE
Maintenance & Infrastructure Division
Community Development Department
City of Arvin
M&I DIVISION: GOALS
➢ To maintain streets, parks and public facilities to
a high standard.
➢ To ensure public facilities offer the community a
safe and user-friendly environment.
➢ To provide excellent customer service to both
internal and external clients.
M&I DIVISION TEAM
CD Director
M&I Supervisor
MTT Custodian(Part-Time)
MTT MTT MTT MTT MTT
LATE 2016, 2017 & 2018
STREET REPAIR SCHEDULE
➢ Prioritized and mapped pothole repairs (11/16).
➢ Systematically repaired all potholes on prioritized map
(11/16 to 4/17)
➢ Since then, pot hole repairs have mostly been complaint
driven until fairly recently (based on CM’s request).
➢ Currently preparing annual pothole prioritization list
and map (10/17).
➢ Proactive pothole filling has already begun as a result of
complaints, but more proactive work will resume with
the completion of the pothole prioritization list and
pothole map in October 2017.
2016/2017
STREET REPAIR MAP
ARVIN HIGH SCHOOL
SYCAMORE
CO
MA
NC
HE
Priority streets that needed pothole repairs and have since been completed between 11/16 and 4/17.
QUESTIONS?
Ref. No. Vendor Name Invoice No. Invoice Date Invoice Description Invoice Amount
Edit List of Invoices - Summary
DEMAND LIST 09/11/2017
09/13/2017
1:55 pm
1
Date:
Time:
Page:City of Arvin
Posting Date PONumber
45110 ACC BUSINESS172232240
09/13/2017 INTERNET ACCESS A#1205939 1,079.80
09/13/2017
1,079.80Vendor Total:
45111 ACCELA INC.INV-ACC33647
09/13/2017 LEGISLATIVE MANAGEMENT 561.00
09/13/2017
561.00Vendor Total:
45112 ALESHIRE & WYNDER, LLPCOA LEGAL SERVICES JULY 2017
09/13/2017 COA LEGAL SERVICES JULY 2017 25,848.00
09/13/2017
25,848.00Vendor Total:
45113 AMERICAN BUSINESS MACHINES345139
09/13/2017 TONER REPLACEMENT-CITY HALL 8.00
09/13/2017
8.00Vendor Total:
45114 OLAN R. ARMSTRONGCONFERENCE 10.23.17-10.27.17
09/13/2017 SUN RIDGE SYSTEM USERS 410.00
09/13/2017
410.00Vendor Total:
45116 AT&T MOBILITY287251442687X08282017
09/13/2017 CELLPHONES SVC. M&I DEPT. 207.78
09/13/2017
207.78Vendor Total:
45117 AT&T10088843
09/13/2017 CALNET 3 A#9391033189 357.58
09/13/2017
45118 AT&T10090608
09/13/2017 CALNET 3 A#9391056024 504.51
09/13/2017
862.09Vendor Total:
45119 BAKERSFIELD CALIFORNIAN 1ARV542683063
09/13/2017 PUBLICATION FOR RFP/RFQ 1,838.50
09/13/2017
1,838.50Vendor Total:
45136 BOWMAN ASPHALT, INC.8
09/13/2017 WALNUT ST. IMPROVEMENT PHASE 1 473,703.82
09/13/2017
473,703.82Vendor Total:
45109 BRENDA RUIZGRAND OPENING GITS-LAS PALMAS
09/13/2017 GRAND OPENING GITS-LAS PALMAS 200.00
09/13/2017
200.00Vendor Total:
45120 BUSINESS LICENSE REFUNDREFUND RECEIPT#28868
09/13/2017 REFUND BUSINESS LICENSE-DENIED 186.00
09/13/2017
45156 BUSINESS LICENSE REFUNDREFUND RECEIPT#29184
09/13/2017 BUSINESS LICENSE -DENIED 76.00
09/13/2017
262.00Vendor Total:
45121 CENTRAL CALIF. ASSOC. PUBLICCOA UNION DUES 9.8.17
09/13/2017 COA UNION DUES 9.8.17 699.01
09/13/2017
699.01Vendor Total:
45127 CITY OF SHAFTERKCAC 8/28/17
09/13/2017 KCAC DINNER 8.28.17- AL NOYOLA 25.00
09/13/2017
25.00Vendor Total:
45122 CLARK PEST CONTROLPEST CONTROL SVC. VETS 8.16.17
09/13/2017 PEST CONTROL SVC. - VETS HALL 80.00
09/13/2017
45123 CLARK PEST CONTROLPEST CONTROL SVC SENIOR-8.16
09/13/2017 PEST CONTROL SVC-SENIOR CENTER 100.00
09/13/2017
Ref. No. Vendor Name Invoice No. Invoice Date Invoice Description Invoice Amount
Edit List of Invoices - Summary
DEMAND LIST 09/11/2017
09/13/2017
1:55 pm
2
Date:
Time:
Page:City of Arvin
Posting Date PONumber
45124 CLARK PEST CONTROLPEST CONTROL SVC JAILSIDE 8.16
09/13/2017 PEST CONTROL SVC JAILSIDE 150.00
09/13/2017
45125 CLARK PEST CONTROLPEST CONTROL SVC TRANSIT 8.16
09/13/2017 PEST CONTROL SVC. TRANSIT 72.00
09/13/2017
45126 CLARK PEST CONTROLPEST CONTROL SVC COMM.DEV.8.16
09/13/2017 PEST CONTROL SVC. COMM.DEV.DEP 72.00
09/13/2017
474.00Vendor Total:
45128 CLEAN CUT LANDSCAPE MANAGEMENT946
09/13/2017 LANDSCAPE MAINTENANCE LLMD#1 2,500.00
09/13/2017
45129 CLEAN CUT LANDSCAPE MANAGEMENT947
09/13/2017 LANDSCAPE MAINTENANCE LLMD#2 550.00
09/13/2017
3,050.00Vendor Total:
45130 COMMUNICATION ENTERPRISES1092222
09/13/2017 PAMPA LTR 450 DISPATCH-TRANSIT 135.00
09/13/2017
45131 COMMUNICATION ENTERPRISES1092223
09/13/2017 PAMPA LTR 450 DISPATCH-M&I DEP 165.00
09/13/2017
300.00Vendor Total:
45132 COMPLETE HARDWARE STORE & MORE149682
09/13/2017 SUPPLIES-TRANSIT DEPT. 34.88
09/13/2017
45133 COMPLETE HARDWARE STORE & MORE150180
09/13/2017 SUPPLIES-ADOBE 17.41
09/13/2017
45134 COMPLETE HARDWARE STORE & MORE146959
09/13/2017 SUPPLIES-CITY YARD 5.40
09/13/2017
57.69Vendor Total:
45135 GOLDEN EMPIRE FLEET SERVICE45299
09/13/2017 MAINTENANCE FLEET#211 925.40
09/13/2017
925.40Vendor Total:
45137 JTS CONSTRUCTION12 GITS
09/13/2017 GARDEN IN THE SUN SVC.AUG.2017 103,639.25
09/13/2017
103,639.25Vendor Total:
45138 JTS TRUCKING REPAIR204643
09/13/2017 MAINTENANCE FLEET#110 200.93
09/13/2017
45139 JTS TRUCKING REPAIR204976
09/13/2017 MAINTENANCE FLEET#110 1,214.03
09/13/2017
45140 JTS TRUCKING REPAIR204884
09/13/2017 MAINTENANCE FLEET#302B 777.60
09/13/2017
2,192.56Vendor Total:
45106 LEOPOLDO DELGADOGRAND OPENING-LAS PALMAS-GITS
09/12/2017 1ST ANNUAL HISPANIC HERITAGE 2,050.00
09/12/2017
2,050.00Vendor Total:
45104 PETTY CASH-ELSA CARDOSO-GUZMANBANDA ORGULLOSA 9.22.17
09/12/2017 GRAND OPENING GITS-DEPOSIT 500.00
09/12/2017
45105 PETTY CASH-ELSA CARDOSO-GUZMANABIGEO
09/12/2017 GRAND OPENING GITS - ABIGEO 208.00
09/12/2017
45107 PETTY CASH-ELSA CARDOSO-GUZMANALBERTO TAPIA-DANCERS
09/12/2017 ALBERTO TAPIA-DANCERS FOR 550.00
09/12/2017
1,258.00Vendor Total:
45141 PG & EA#7368140966-7 8.23.17
09/13/2017 SVC. 07.24.17-08.22.17 127.56
09/13/2017
45142 PG & EA#8440977428-2 8.31.17
09/13/2017 SVC. 08.02.17-08.31.17 344.88
09/13/2017
472.44Vendor Total:
Ref. No. Vendor Name Invoice No. Invoice Date Invoice Description Invoice Amount
Edit List of Invoices - Summary
DEMAND LIST 09/11/2017
09/13/2017
1:55 pm
3
Date:
Time:
Page:City of Arvin
Posting Date PONumber
45143 PRINTING SYSTEMS101017
09/13/2017 AP CHECKS - FINANCE 285.43
09/13/2017
285.43Vendor Total:
45144 PRO AIR16118
09/13/2017 AC REPLACED-COMMUNITY CENTER 11,796.00
09/13/2017
45145 PRO AIR16079
09/13/2017 AC REPAIR-COMUNITY CENTER 1,652.00
09/13/2017
13,448.00Vendor Total:
45108 RICK PEREZGRAND OPENING GITS-LAS PALMAS
09/13/2017 GRAND OPENING GITS-LAS PALMAS 300.00
09/13/2017
300.00Vendor Total:
45147 SNIDER'S CYCLERYE57365
09/13/2017 LOCKSMITH SERVICE - TRANSIT 131.76
09/13/2017
131.76Vendor Total:
45148 SO. CAL. GAS CO.A#1027166200 8 8.24.17
09/13/2017 SVC. 07.24.17-08.22.17 35.80
09/13/2017
45149 SO. CAL. GAS CO.A#05631670006 8.24.17
09/13/2017 SVC. 7.24.17-8.22.17 33.93
09/13/2017
45150 SO. CAL. GAS CO.A#05631667143 8.24.17
09/13/2017 SVC. 7.24.17-8.22.17 22.71
09/13/2017
45151 SO. CAL. GAS CO.A#08571665762 8.24.17
09/13/2017 SVC. 7.24.17-8.22.17 18.05
09/13/2017
45152 SO. CAL. GAS CO.A#07111833724 8.24.17
09/13/2017 SVC. 7.24.17-8.22.17 17.10
09/13/2017
45153 SO. CAL. GAS CO.A#1005184100 4 8.24.17
09/13/2017 SVC. 7.24.17-8.22.17 29.25
09/13/2017
156.84Vendor Total:
45154 SPECTRUM BUSINESS064070101082617
09/13/2017 A#0050640701-01 SVC. SEP. 2017 274.28
09/13/2017
45155 SPECTRUM BUSINESS069794801082417
09/13/2017 A#0050697948-01 SVC. SEP. 2017 109.05
09/13/2017
383.33Vendor Total:
45157 STAPLES BUSINESS ADVANTAGE3346362060
09/13/2017 OFFICE SUPPLIES-COMM.DEV.DEPT. 21.64
09/13/2017
45158 STAPLES BUSINESS ADVANTAGE3346362059
09/13/2017 OFFICE SUPPLIES-COMM.DEV.DEPT. 122.52
09/13/2017
45159 STAPLES BUSINESS ADVANTAGE3349945746
09/13/2017 OFFICE SUPPLIES-POLICE DEPT.-36.78
09/13/2017
45160 STAPLES BUSINESS ADVANTAGE3349945748
09/13/2017 OFFICE SUPPLIES-COMM.DEV.DEPT. 59.79
09/13/2017
45161 STAPLES BUSINESS ADVANTAGE3349945749
09/13/2017 OFFICE SUPPLIES-POLICE DEPT. 174.26
09/13/2017
45162 STAPLES BUSINESS ADVANTAGE3350946472
09/13/2017 OFFICE SUPPLIES-CITY HALL 314.30
09/13/2017
45163 STAPLES BUSINESS ADVANTAGE3350946473
09/13/2017 OFFICE SUPPLIES-COMM.DEV.DEPT. 90.03
09/13/2017
745.76Vendor Total:
45115 SUN RIDGE SYSTEMSUSERS CONFERENCE 10.23-10.27
09/13/2017 USERS CONFERENCE 10.23-10.27 610.00
09/13/2017
610.00Vendor Total:
45164 THE FRESNO BEE3231895
09/13/2017 RFQ/RFR PUBLICATION 467.40
09/13/2017
467.40Vendor Total:
45146 THE PUN GROUP LLP1700074
09/13/2017 COA YEAR END 2016 AUDIT 8,000.00
09/13/2017
Ref. No. Vendor Name Invoice No. Invoice Date Invoice Description Invoice Amount
Edit List of Invoices - Summary
DEMAND LIST 09/11/2017
09/13/2017
1:55 pm
4
Date:
Time:
Page:City of Arvin
Posting Date PONumber
8,000.00Vendor Total:
45165 VANTAGE POINT TRANSFER AGENTS457K LOAN/CONTRIBUTIONS 9.8.17
09/13/2017 457K LOAN/CONTRIBUTIONS 9.8.17 700.26
09/13/2017
700.26Vendor Total:
45166 VERIZON WIRELESS A#642023305-19791822992
09/13/2017 CELLPHONES-TRANSIT7.29-8.28.17 120.18
09/13/2017
120.18Vendor Total:
Grand Total:
Less Credit Memos:
Net Total:
Less Hand Check Total:
Outstanding Invoice Total: 645,473.30
645,473.30
645,510.08
-36.78
0.00
Total Invoices: 63
Payroll 09-08-17
Arvin City Council Meeting Minutes 09/05/17
Page 1 of 5
REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
SEPTEMBER 05, 2017
CALL TO ORDER @ 6:00PM PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL: CM Martinez absent; All others present.
1. Approval of Agenda as To Form.
Motion to approve Agenda. Motion CM Ortiz Second MPT Robles Vote 4-0
2. PUBLIC COMMENTS (This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
3. PRESENTATION(S) A. Schools & Recycling Update
Ray Scott – Mountainside Disposal
B. Proclamation proclaiming September 2017 as Attendance Awareness Month. Arvin Union School District
4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of August 12, 2017 – August 31, 2017. B. Approval of Payroll Register(s) of August 25, 2017. C. Approval of the Minutes of the Regular Meeting(s) of August 15, 2017.
D. Approval of Proclamation proclaiming September 2017 as Attendance
Awareness Month.
Arvin City Council Meeting Minutes 09/05/17
Page 2 of 5
E. Approval of A Resolution of the City Council of the City of Arvin Appointing a New Assistant City Attorney and Amending the Contract Services Agreement with Aleshire & Wynder.
Resolution No. 2017-84 Agreement No. 2017-21
Staff recommends approval of Consent Agenda.
Motion to approve Consent Agenda Items 4A – 4E. Motion CM Ortiz Second CM Madrigal Vote 4-0
5. PUBLIC HEARING ITEM(S) A. Public Hearing to Consider and Adopt An Ordinance of the City Council of the
City of Arvin Adding Chapter 15.46 to the Arvin Municipal Code Setting Forth Procedures for Expediting Permitting Processing for Electric Vehicle Charging Systems. (City Manager) Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.
Hearing opened. No public testimony. Hearing closed. Motion to waive second reading of the Ordinance and approve the adoption of the Ordinance. Motion CM Ortiz Second MPT Robles Vote 4-0 Ordinance No. 442
6. ACTION ITEM(S) A. Consideration and Direction Regarding Resolutions to be Considered
at the League of California Cities Annual Conference Business Meeting on September 15, 2017. (City Clerk)
1. A Resolution of the League of California Cities Calling Upon the Governor and Legislature to Enter Into Discussion With League and Other Public Safety Stakeholders to Identify and Implement Strategies That Will Reduce the Unintended Negative Impacts of Existing Criminal Law.
2. A Resolution of the League of California Cities Supporting Legislation Amending Government Code Section 38611 to Clarify the Definition of Local Control Providing Broad Statutory Authority for Local Officials to Determine Emergency Service Levels and Direct Emergency Medical Response Within Their Jurisdictions.
Arvin City Council Meeting Minutes 09/05/17
Page 3 of 5
Staff recommends that the Council consider the two Resolutions and determine the City’s position so that the Voting Delegate can represent the City’s position for these Resolution at the Business Meeting.
Motion to authorize the Voting Delegate to vote in favor of Resolution #1 to be considered at the League of California Cities Annual Conference Business Meeting on September 15, 2017. Motion CM Ortiz Second MPT Robles Vote 4-0 Motion to authorize the Voting Delegate to vote in favor of Resolution #2 to be considered at the League of California Cities Annual Conference Business Meeting on September 15, 2017. Motion CM Ortiz Second MPT Robles Vote 4-0
B. Consideration and Approval of: 1. A Resolution of the City Council of the City of Arvin Determining to Hear
Resolutions of Necessity for the Bear Mountain Boulevard and Derby Street Improvement Project (HSIP 5370(025)) in the Event Eminent Domain Proceedings Are Necessary; and
2. A Resolution of the City Council of the City of Arvin to Authorize the City Manager to Execute Amendment No. 1 of Agreement 06-0618 for the Bear Mountain Boulevard and Derby Street Improvement Project (HSIP 5370(025)) (City Engineer)
Staff recommends approval of the Resolutions.
Motion to approve: 1. A Resolution of the City Council of the City of Arvin Determining to
Hear Resolutions of Necessity for the Bear Mountain Boulevard and Derby Street Improvement Project (HSIP 5370(025)) in the Event Eminent Domain Proceedings Are Necessary; and
Resolution No. 2017-85
2. A Resolution of the City Council of the City of Arvin to Authorize the City Manager to Execute Amendment No. 1 of Agreement 06-1618 for the Bear Mountain Boulevard and Derby Street Improvement Project (HSIP 5370(025))
Resolution No. 2017-86 Agreement No. 2017-22 Motion CM Ortiz Second CM Madrigal Vote 4-0
Arvin City Council Meeting Minutes 09/05/17
Page 4 of 5
C. Consideration and Approval of A Resolution of the City Council of the City of Arvin to Rename “Jewett Square” to “The Palms/Las Palmas” and Direct Staff to Undertake a Graphic Design Process for the New Town Center Logo. (Management Analyst)
Staff recommends approval of the Resolution.
Motion to approve the Resolution to rename “Jewett Square” to “Las Palmas” and direct staff to undertake a graphic design process for the new town center logo. Motion Mayor Gurrola Second CM Madrigal Vote 3-1 (MPT Robles voted No) Agreement No. 2017-87
D. Consideration and Potential Adoption of A Resolution of the City Council of the City of Arvin Establishing a City Council Travel Policy (City Manager)
Staff recommends approval of the Resolution.
Motion to approve the Resolution. Motion CM Ortiz Second CM Madrigal Vote 4-0 Resolution No. 2017-88
7. DISCUSSION ITEM(S) A. City Council – School Board Committee (Mayor Gurrola)
8. STAFF REPORTS
9. COUNCIL MEMBER COMMENTS
10. CLOSED SESSION ITEM(S) A. CONFERENCE WITH LEGAL COUNSEL: Liability Claims (Pursuant to Cal.
Govt. Code § 54956.9(d)(2) Claimant: Mario Guevara - AIMs File No. FR97499-AH; RMA Claim No. 17316 Against: City of Arvin
B. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code, § 54957.6): City Negotiator: Alfonso Noyola, City Manager and Pawan Gill, Human Resources Administrator Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.
Arvin City Council Meeting Minutes 09/05/17
Page 5 of 5
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code § 54957(b)(1) Position: City Manager
D. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code § 54957)
CLOSED SESSION REPORT BY CITY ATTORNEY: Item 10A: The City Council voted to deny the claim. Vote 4-0. Items 10B, 10C, and 10D: No reportable action.
11. ADJOURNED @ 7:53PM
Respectfully submitted,
Cecilia Vela, City Clerk
CITY OF ARVIN
Agenda Report
Meeting Date: 09-19-2017
TO: City Council FROM: Marti Brown, Community Development Department Alfonso Noyola, City Manager SUBJECT: Resolution of the City Council of the City of Arvin to Authorize
the City Manager and/or the Mayor to execute a professional services agreement with EVgo for Charging Station Infrastructure: and Authorizing Related Action
Background: The City of has identified the need for electric vehicle charging stations at two locations. The first location is the parking lot across from the Adobe Complex and Veterans Hall which will provide 24/7 access to the public for 5-10 electric charging stations. The second location is the City Hall lot for city vehicles such as the Prius and the incoming police department hybrid vehicles for up to 2 charging stations with the capacity to expand if needed in the future. This resolution for consent is the first process necessary to install the electrical components, cabling, pads, and stub ups for the charging stations. EVgo is a privately funded program that will install the electrical infrastructure at both locations for up to $ 30,000 per location for free. Recommendation: Staff recommends the City Council adopt the Resolution. Fiscal Impact: Staff has determined the execution of a professional services agreement will have no fiscal impact at this time and provides a public benefit to our community. The balance for the cost share for the Adobe Complex lot has been committed to by the San Joaquin Valley Air District Charge Up Program. The balance for the City share of costs for the City lot charging infrastructure has been committed to by The Rose Foundation, a private foundation. Attachments: Resolution of the City Council of the City of Arvin to Authorize the City Manager and/or the Mayor to execute a professional services agreement with EVgo for Charging Station Infrastructure: and Authorizing Related Action
Reso to Authorize the PSA with EVgo for Electric Vehicle Charging Station Infrastructure
Page 1 of 2
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARVIN TO AUTHORIZE THE CITY MANAGER AND/OR THE
MAYOR TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH EVGO FOR ELECTRICAL CHARGING
STATION INFRASTRUCTURE; AND AUTHORIZING RELATED
ACTIONS
WHEREAS, the City of Arvin has identified EVgo as a privately funded program for free
electrical infrastructure for EV charging stations up to $ 30,000 per location, and
WHEREAS, Clean Fuel Technologies, Inc., is contracted by EVgo to install electrical
infrastructure under the EVgo program, and
WHEREAS, the City of Arvin wishes to proceed with installing electrical infrastructure for
charging stations at the Adobe Complex public parking lot and the City Hall lot, and
WHEREAS, the San Joaquin Valley Air District has committed to providing for the City’s
share of costs for the Adobe Lot electrical infrastructure in the amount of up to $ 8,416, and
WHEREAS, the Rose Foundation has committed to providing private funds for the City’s
share of costs for charging station infrastructure and charging stations for the City Hall lot up to
$5,000, and
WHEREAS, the proposed City share cost from EVgo for the Adobe complex is $8,416, and
WHEREAS, the proposed City share cost from EVgo for the City Hall Lot is $700,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as
follows:
1. The City Council of the City of Arvin does hereby authorize the City Manager and/or the
Mayor to execute a professional services agreement with EVgo for charging station
electrical infrastructure which is attached to this Resolution, in substantially the form
attached, subject to review and approval as to legal form by the City Attorney.
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Reso to Authorize the PSA with EVgo for Electric Vehicle Charging Station Infrastructure
Page 2 of 2
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City
Council of the City of Arvin at a regular meeting thereof held on the 19th day of September 2017
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
JOSE GURROLA, Mayor
APPROVED AS TO FORM:
By:
SHANNON L. CHAFFIN, City Attorney
Aleshire & Wynder, 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.
CONSTRUCTION SERVICES FUNDING AGREEMENT
Host: Agreement Date: [__CITY OF ARVIN______, ______________, 2017 [__ARVIN, CALIFORNIA, A LOCAL GOVERNMENT__]
This Construction Services Funding Agreement (“Agreement”) is entered into as of the Agreement Date by Host and EVGO SERVICES LLC, a Delaware limited liability company (“EVgo”). A. Host Property & Premises Host Property: [__THE CITY HALL LOT__] located at: [__200 CAMPUS DRIVE__] The location where the Installation Activities (defined below) shall take place at the Host Property (the “Premises”) is shown on the attached Exhibit A. Host grants to EVgo and its designated agents a non-exclusive license to use and occupy the Premises for, as applicable, the design, development, construction, installation, and other activities set forth in the Agreement. B. Scope of Work
1) EVgo shall retain a licensed contractor to perform the Scope of Work identified on Exhibit B attached hereto (the “Installation Activities”) for the installation of:
[__5_with capacity for 10_] Make-Ready Stubs. A “Make-Ready Stub” consists of electric infrastructure,
including without limitation conduit, wire, circuit breakers, and junction boxes, as applicable, to support one circuit capable of supporting electric vehicle service equipment, all as set forth in more detail on Exhibit B.
2) Host shall be responsible for a total of:
$[__700_] towards the costs of such Installation Activities, payable upon completion of the Installation
Activities. EVgo shall be responsible for funding the remaining amount as set forth on Exhibit B. In the event that the actual cost of the Installation Activities exceeds the amount set forth on Exhibit B, the parties shall mutually agree on the allocation of such cost overruns; in the absence of such agreement, EVgo shall be entitled to terminate this Agreement upon restoring the Premises to its previous condition, ordinary wear and tear excepted.
3) The term of this Agreement shall commence on the Agreement Date. Either party may terminate
this Agreement upon thirty (30) days' prior written notice to the other party, provided that EVgo shall not terminate following commencement of the Installation Activities and prior to completion (except as provided in paragraph B.2). In addition, if Host terminates the Agreement (other than for cause) prior to completion of the Installation Activities, Host shall reimburse EVgo for all costs incurred by EVgo relating to the Installation Activities within thirty (30) days of EVgo’s presentation of an invoice and supporting documentation.
4) Before beginning any Installation Activities, EVgo shall provide a copy of the construction schedule
and installation plans to Host for its approval, which approval shall not be unreasonably delayed or withheld. No work will begin until plans have been approved by Host and all applicable permits and certifications have been obtained.
5) EVgo shall designate the contractors and/or other service providers who will be performing the Installation Activities. With respect to such Installation Activities, EVgo shall ensure that it or its designated contractor(s) and service providers:
a. obtain from governmental authorities all licenses, permits, or other approvals
(collectively, “Approvals”) required to conduct such installations. Host will reasonably cooperate with EVgo’s designated contractors and service providers as required to obtain such Approvals;
b. bring on the Premises and permitted adjacent areas of the Host Property only those materials and equipment that are being used directly in the Installation Activities;
c. perform Installation Activities only during times and days acceptable to Host and in a manner so as to not unreasonably interfere with Host’s business operations; In addition, EVgo shall not permit or suffer any mechanic’s or materialmen’s liens to attach to the Premises. If such a lien attaches to the Premises, EVgo shall remove or bond over such lien at EVgo’s sole cost and expense, within twenty (20) days of EVgo receiving written notice thereof from Host.
6) Host shall reasonably cooperate with EVgo to facilitate the Installation Activities, including the provision of electricity to the Make-Ready Stub.
7) All electric infrastructure installed as part of the Installation Activities shall become fixtures of the
Host Property (and not the property of EVgo) upon completion of such installation and the full payment of any applicable costs described above.
8) EVgo shall pass on to Host the warranties of its contractors, which shall be no less than twelve (12)
months.
C. Charging Services. Following completion of Installation Activities, EVgo shall be permitted to offer charging services and subscriptions to Host and Host’s designees (which may include, in Host’s discretion, tenants, employees, residents, and invitees, as applicable). The parties shall reasonably cooperate with respect to such service offerings, including coordinating installation of charging stations and communications with applicable third parties. Host shall promptly notify EVgo in the event that Host or any other charging service provider utilizes the Make-Ready Stubs. D. Public Statements. EVgo may publicly disclose the name of Host, the address of the Host Property, the number of Make-Ready Stubs at the Host Property, and brief status information about the progress of construction at the Host Property. E. Representations, Warranties & Covenants
1) Each of Host and EVgo hereby represents and warrants to the other that, as of the Agreement Date: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of the Agreement have been duly authorized by all necessary action and do not violate any of its governing documents, any contract to which it is a party, or any law or regulation applicable to it; (c) there is no pending or, to its knowledge, threatened litigation or proceeding that may adversely affect its ability to perform the Agreement; (d) it is duly organized and validly existing under the laws of the jurisdiction of its organization; (e) the Agreement constitutes a legal, valid and binding obligation of such party, except as enforceability may be limited by applicable bankruptcy or similar laws and by general principles of equity; and (f) at all times during the term of the Agreement, it will comply with applicable federal, state, and local laws, rules, regulations in performing its obligations under the Agreement.
2) Host further represents, warrants and covenants that it has obtained or shall obtain prior to the commencement of EVgo’s Installation Activities any and all consents or approvals required in order for Host to grant
the rights and perform its obligations under the Agreement, and for EVgo to take the actions contemplated in the Agreement.
F. EVgo Insurance.
1) During the term of the Agreement, EVgo shall maintain in full force and effect, at its cost and expense, the following coverages and amounts of insurance: (i) Statutory Worker’s Compensation Insurance, and Employer’s Liability limits of $1,000,000 per accident per employee; (ii) Commercial General Liability Insurance, written on an occurrence basis, covering bodily injury (including death), personal injury, and property damage, with limits of not less than $1,000,000 per occurrence, $2,000,000 aggregate; (iii) Automobile Liability with a combined single limit of $1,000,000; and (iv) $1,000,000 in excess liability coverage per occurrence, which coverage shall sit excess of the scheduled underlying General Liability, and Automobile Liability and Employer’s Liability Insurance policies with exclusions that are no more broad that those contained in the underlying policies.
2) With respect to EVgo’s Commercial General Liability Insurance, Automobile Liability Insurance and Excess Liability Insurance, Host shall be included as an additional insured with respect to liability arising out of EVgo’s performance under the Agreement. EVgo shall consider its own insurance primary, and shall not seek contribution from similar insurance being maintained by the Host as to the acts or omissions of EVgo.
G. Indemnity
1) Indemnification. Each party shall indemnify and hold harmless the other party and its respective affiliates, representatives, agents, officers, directors, managers, members, shareholders, partners, contractors, or employees (“Related Parties”) from and against all third party claims, demands, causes of action, liabilities, costs, damages, losses, penalties, fines, judgments or expenses, including reasonable attorneys’ fees and costs of collection (collectively, “Losses”) that arise out of or result from (i) any willful misconduct or negligence of such party or its Related Parties or (ii) any breach by such party of its obligations, representations or warranties under the Agreement.
2) Waiver. Anything in the Agreement to the contrary notwithstanding, each party hereby waives every right or cause of action for any and all loss of, or damage to (whether or not such loss or damage is caused by the fault or negligence of the other party or anyone for whom said other party may be responsible) the Host Property and any improvements thereon, or to the personal property of either party, or its Related Parties, regardless of cause or origin. These waivers and releases shall apply between the parties and they shall also apply to any claims under or through either party as a result of any asserted right of subrogation.
3) Limitation of Liability. In no event shall either party be liable (in contract or in tort, including negligence and strict liability) to such other party or its Related Parties for any special, indirect or consequential damages relating to the Agreement. The entire liability of each party for any and all claims of any kind arising from or relating to the Agreement will be subject in all cases to an affirmative obligation on the part of the other party to mitigate its damages. Each party’s total liability to the other party and its Related Parties on an aggregate basis arising out of or in connection with the Agreement, whether in contract or in tort, shall not exceed the amount specified on Exhibit B as Total Construction Cost, except as it applies to a party’s obligations pursuant to Section G(1).
H. Miscellaneous
1) Notice. Any notice provided or permitted to be given under the Agreement must be in writing and be served either by (i) deposit in the mail, addressed to the party to be notified, postage prepaid, and registered or certified, with a return receipt requested, or (ii) deposit with an internationally-recognized overnight delivery carrier, with notice of delivery to the recipient party. Notice given by registered or certified mail or overnight carrier shall be deemed delivered and effective on the date of delivery shown on the return receipt or proof of receipt. For purposes of notice the addresses of the parties shall be as set forth in the Agreement. Each party may change its address for notice by giving notice thereof to the other party.
2) Assignment. The Agreement is binding on and inures to the benefit of the parties and their respective heirs, successors, assigns, and personal representatives.
3) Severability. If any term of the Agreement is held by any court of competent jurisdiction to be invalid, such invalidity shall not invalidate the remainder of the Agreement and the Agreement shall be construed and deemed reformed to the extent necessary to render valid such term and the rights and obligations of the parties shall be enforced accordingly.
4) Governing Law; Waiver of Jury Trial. The Agreement shall be governed by and interpreted in accordance with the internal laws of the state where the Host Property is located without giving effect to conflict of law rules. The parties hereby waive any and all rights to request or require that a jury determine any fact, matter, dispute or litigation between them, or render any judgment or decision, in any way concerning the Agreement, and agree that any and all litigation between them arising from or in connection with the Agreement shall be determined by a judge sitting without a jury.
5) Remedies. The rights and remedies provided by the Agreement are cumulative, and the use of any right or remedy by any party does not preclude or waive its right to use any or all other remedies. These rights and remedies are given in addition to any other rights a party may have under any applicable law, in equity or otherwise.
6) Force Majeure; Change in Law. Neither party is responsible for any delay or failure in performance of any part of the Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond the party’s control. If any rule, directive, order, decision or law adversely impacts the ability for EVgo to perform its obligations under the Agreement without becoming licensed or otherwise regulated by a public utility commission or analogous agency in the relevant jurisdiction, EVgo may, at its option, immediately suspend performance under the Agreement and/or terminate the Agreement upon notice to Host and without penalty.
7) Attorneys’ Fees. If either party institutes a suit against the other for violation of or to enforce any covenant, term or condition of the Agreement, the prevailing party shall be entitled to reimbursement of all of its costs and expenses, including, without limitation, reasonable attorneys’ fees.
8) No Third Party Beneficiaries. The Agreement does not confer any rights or remedies on any person other than the parties and their respective successors and permitted assigns.
9) Integration; Amendments. The Agreement contains all agreements, promises and understandings between the parties, and that there are no verbal or oral agreements, promises or understandings between the parties. Any amendment, modification or other change to the Agreement shall be ineffective unless made in a writing signed by the parties hereto.
10) Counterparts; Construction. The Agreement may be executed in any number of counterparts with the same effect as if all the parties had signed the same document. All documents or items attached to, or referred to in, the Agreement are incorporated into the Agreement as fully as if stated within the body of the Agreement. Each party has cooperated in the drafting, negotiation and preparation of the Agreement and nothing herein shall be construed against either party on the basis of that party being the drafter of such language.
The parties have executed this Agreement as of the date first set forth above.
HOST: EVGO:
THE CITY OF ARVIN, A LOCAL GOVERNMENT]________,
EVGO SERVICES LLC, a Delaware limited liability company
a [__ARVIN, CA. __]
By:
By:
Name: ALFONSO NOYOLA Name: Scott Moretz
Title: CITY MANAGER Title: Director, Site Host Development
Notice Address: 200 CAMPUS DRIVE, P.O. BOX 548 ARVIN, CA. 93203
Notice Address: 11390 West Olympic Blvd., Suite 250 Los Angeles, CA 90064 Attn: CEO with a copy to: 11390 West Olympic Blvd., Suite 250 Los Angeles, CA 90064 Attn: Director of Legal Affairs
Exhibit A
Premises
See attached drawing.
Exhibit B
Scope of Work
A “Make-Ready Stub” consists of electric infrastructure, including without limitation conduit, wire, circuit breakers,
and junction boxes, as applicable, to support one circuit capable of supporting electric vehicle service equipment, all
as set forth in more detail on Exhibit B.-attached estimate from Clean Fuel Technologies
EstimateDate
5/25/2017
Estimate #
4844
Name / Address
NRG EV Service LLCKevin KelleherP.O Box 840New Roads, LA 70760
Ship To
City of ArvinChristine Viterelli200 Campus DriveArvin, CA. 93203
P.O. No. Terms Job
Total
Clean Fuel Connection, Inc.11800 Clark St.
Arcadia, CA 91006Phone: 626-445-1445
Fax: 626-445-1450
Item Description Qty Rate Total
Installation Installation200 Campus DriveArvin, Ca
Contact Information:Christine ViterelliCity of ArvinOffice (661) [email protected]
The price below is for the installation of the infrastructure & materials (does not includeE.V.S.E)
Infrastructure for 10 stalls total
Prevailing Wage3-sets site specific drawingsCity Permit if requiredSupply & install Conduit & WireSupply & install KVA Transformer Supply & install 1 - 225A, 208/120V PanelSupply & install (10) 40A2P breakersAsphalt Remove and replaceTrenchingSupply and install 4 Bollards Rental Equipment as needed
Exclusions & Conditions:
1.No overtime or after-hours work 2.Not responsible for concealed or unforeseen items 3.Adequate power is assumed 4.If load test is required add $1,200.00
5. Striping and Signage
1 30,700.00 30,700.00
$30,700.00
Organization Location ConstructionNumber of REV Spaces
Location of REV Spaces
Scope of WorkTotal
Construction Cost
Construction Cost Per Space
Portion Per Space to be Paid by City of Arvin 200 Campus Dr.
Total Construction Cost
to City of Arvin 200 Campus Dr.
Total Construction Cost to EVgo
City of Arvin 200 Campus Dr.
200 Campus Dr. Arvin, CA 93203
Existing 10Parking lot
at 200 Campus Dr.
The price below is for the installation of the infrastructure & materials (does not includeE.V.S.E)Prevailing Wage3-sets site specific drawings City Permit if requiredSupply & install Conduit & Wire Supply & install KVA TransformerSupply & install 1 - 225A, 208/120V Panel Supply & install (10) 40A2P breakers Asphalt Remove and replaceTrenchingSupply and install 4 Bollards Rental Equipment as needed Exclusions & Conditions:1. No overtime or after-hours work2. Not responsible for concealed or unforeseen items3. Adequate power is assumed4. If load test is required add $1,200.005. Striping and Signage
$30,700 $3,070 $70 $700 $30,000
10 $30,700 $700 $30,000
City of Arvin 200 Campus Dr. Assessment Summary
Totals:
CONSTRUCTION SERVICES FUNDING AGREEMENT
Host: Agreement Date: [__CITY OF ARVIN______, ______________, 2017 [__ARVIN, CALIFORNIA, A LOCAL GOVERNMENT__]
This Construction Services Funding Agreement (“Agreement”) is entered into as of the Agreement Date by Host and EVGO SERVICES LLC, a Delaware limited liability company (“EVgo”). A. Host Property & Premises Host Property: [____] located at: [__205 NORTH A STREET__] The location where the Installation Activities (defined below) shall take place at the Host Property (the “Premises”) is shown on the attached Exhibit A. Host grants to EVgo and its designated agents a non-exclusive license to use and occupy the Premises for, as applicable, the design, development, construction, installation, and other activities set forth in the Agreement. B. Scope of Work
1) EVgo shall retain a licensed contractor to perform the Scope of Work identified on Exhibit B attached hereto (the “Installation Activities”) for the installation of:
[__10_] Make-Ready Stubs. A “Make-Ready Stub” consists of electric infrastructure, including without
limitation conduit, wire, circuit breakers, and junction boxes, as applicable, to support one circuit capable of supporting electric vehicle service equipment, all as set forth in more detail on Exhibit B.
2) Host shall be responsible for a total of:
$[__8,416_] towards the costs of such Installation Activities, payable upon completion of the Installation
Activities. EVgo shall be responsible for funding the remaining amount as set forth on Exhibit B. In the event that the actual cost of the Installation Activities exceeds the amount set forth on Exhibit B, the parties shall mutually agree on the allocation of such cost overruns; in the absence of such agreement, EVgo shall be entitled to terminate this Agreement upon restoring the Premises to its previous condition, ordinary wear and tear excepted.
3) The term of this Agreement shall commence on the Agreement Date. Either party may terminate
this Agreement upon thirty (30) days' prior written notice to the other party, provided that EVgo shall not terminate following commencement of the Installation Activities and prior to completion (except as provided in paragraph B.2). In addition, if Host terminates the Agreement (other than for cause) prior to completion of the Installation Activities, Host shall reimburse EVgo for all costs incurred by EVgo relating to the Installation Activities within thirty (30) days of EVgo’s presentation of an invoice and supporting documentation.
4) Before beginning any Installation Activities, EVgo shall provide a copy of the construction schedule
and installation plans to Host for its approval, which approval shall not be unreasonably delayed or withheld. No work will begin until plans have been approved by Host and all applicable permits and certifications have been obtained.
5) EVgo shall designate the contractors and/or other service providers who will be performing the Installation Activities. With respect to such Installation Activities, EVgo shall ensure that it or its designated contractor(s) and service providers:
a. obtain from governmental authorities all licenses, permits, or other approvals
(collectively, “Approvals”) required to conduct such installations. Host will reasonably cooperate with EVgo’s designated contractors and service providers as required to obtain such Approvals;
b. bring on the Premises and permitted adjacent areas of the Host Property only those materials and equipment that are being used directly in the Installation Activities;
c. perform Installation Activities only during times and days acceptable to Host and in a manner so as to not unreasonably interfere with Host’s business operations; In addition, EVgo shall not permit or suffer any mechanic’s or materialmen’s liens to attach to the Premises. If such a lien attaches to the Premises, EVgo shall remove or bond over such lien at EVgo’s sole cost and expense, within twenty (20) days of EVgo receiving written notice thereof from Host.
6) Host shall reasonably cooperate with EVgo to facilitate the Installation Activities, including the provision of electricity to the Make-Ready Stub.
7) All electric infrastructure installed as part of the Installation Activities shall become fixtures of the
Host Property (and not the property of EVgo) upon completion of such installation and the full payment of any applicable costs described above.
8) EVgo shall pass on to Host the warranties of its contractors, which shall be no less than twelve (12)
months.
C. Charging Services. Following completion of Installation Activities, EVgo shall be permitted to offer charging services and subscriptions to Host and Host’s designees (which may include, in Host’s discretion, tenants, employees, residents, and invitees, as applicable). The parties shall reasonably cooperate with respect to such service offerings, including coordinating installation of charging stations and communications with applicable third parties. Host shall promptly notify EVgo in the event that Host or any other charging service provider utilizes the Make-Ready Stubs. D. Public Statements. EVgo may publicly disclose the name of Host, the address of the Host Property, the number of Make-Ready Stubs at the Host Property, and brief status information about the progress of construction at the Host Property. E. Representations, Warranties & Covenants
1) Each of Host and EVgo hereby represents and warrants to the other that, as of the Agreement Date: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of the Agreement have been duly authorized by all necessary action and do not violate any of its governing documents, any contract to which it is a party, or any law or regulation applicable to it; (c) there is no pending or, to its knowledge, threatened litigation or proceeding that may adversely affect its ability to perform the Agreement; (d) it is duly organized and validly existing under the laws of the jurisdiction of its organization; (e) the Agreement constitutes a legal, valid and binding obligation of such party, except as enforceability may be limited by applicable bankruptcy or similar laws and by general principles of equity; and (f) at all times during the term of the Agreement, it will comply with applicable federal, state, and local laws, rules, regulations in performing its obligations under the Agreement.
2) Host further represents, warrants and covenants that it has obtained or shall obtain prior to the commencement of EVgo’s Installation Activities any and all consents or approvals required in order for Host to grant
the rights and perform its obligations under the Agreement, and for EVgo to take the actions contemplated in the Agreement.
F. EVgo Insurance.
1) During the term of the Agreement, EVgo shall maintain in full force and effect, at its cost and expense, the following coverages and amounts of insurance: (i) Statutory Worker’s Compensation Insurance, and Employer’s Liability limits of $1,000,000 per accident per employee; (ii) Commercial General Liability Insurance, written on an occurrence basis, covering bodily injury (including death), personal injury, and property damage, with limits of not less than $1,000,000 per occurrence, $2,000,000 aggregate; (iii) Automobile Liability with a combined single limit of $1,000,000; and (iv) $1,000,000 in excess liability coverage per occurrence, which coverage shall sit excess of the scheduled underlying General Liability, and Automobile Liability and Employer’s Liability Insurance policies with exclusions that are no more broad that those contained in the underlying policies.
2) With respect to EVgo’s Commercial General Liability Insurance, Automobile Liability Insurance and Excess Liability Insurance, Host shall be included as an additional insured with respect to liability arising out of EVgo’s performance under the Agreement. EVgo shall consider its own insurance primary, and shall not seek contribution from similar insurance being maintained by the Host as to the acts or omissions of EVgo.
G. Indemnity
1) Indemnification. Each party shall indemnify and hold harmless the other party and its respective affiliates, representatives, agents, officers, directors, managers, members, shareholders, partners, contractors, or employees (“Related Parties”) from and against all third party claims, demands, causes of action, liabilities, costs, damages, losses, penalties, fines, judgments or expenses, including reasonable attorneys’ fees and costs of collection (collectively, “Losses”) that arise out of or result from (i) any willful misconduct or negligence of such party or its Related Parties or (ii) any breach by such party of its obligations, representations or warranties under the Agreement.
2) Waiver. Anything in the Agreement to the contrary notwithstanding, each party hereby waives every right or cause of action for any and all loss of, or damage to (whether or not such loss or damage is caused by the fault or negligence of the other party or anyone for whom said other party may be responsible) the Host Property and any improvements thereon, or to the personal property of either party, or its Related Parties, regardless of cause or origin. These waivers and releases shall apply between the parties and they shall also apply to any claims under or through either party as a result of any asserted right of subrogation.
3) Limitation of Liability. In no event shall either party be liable (in contract or in tort, including negligence and strict liability) to such other party or its Related Parties for any special, indirect or consequential damages relating to the Agreement. The entire liability of each party for any and all claims of any kind arising from or relating to the Agreement will be subject in all cases to an affirmative obligation on the part of the other party to mitigate its damages. Each party’s total liability to the other party and its Related Parties on an aggregate basis arising out of or in connection with the Agreement, whether in contract or in tort, shall not exceed the amount specified on Exhibit B as Total Construction Cost, except as it applies to a party’s obligations pursuant to Section G(1).
H. Miscellaneous
1) Notice. Any notice provided or permitted to be given under the Agreement must be in writing and be served either by (i) deposit in the mail, addressed to the party to be notified, postage prepaid, and registered or certified, with a return receipt requested, or (ii) deposit with an internationally-recognized overnight delivery carrier, with notice of delivery to the recipient party. Notice given by registered or certified mail or overnight carrier shall be deemed delivered and effective on the date of delivery shown on the return receipt or proof of receipt. For purposes of notice the addresses of the parties shall be as set forth in the Agreement. Each party may change its address for notice by giving notice thereof to the other party.
2) Assignment. The Agreement is binding on and inures to the benefit of the parties and their respective heirs, successors, assigns, and personal representatives.
3) Severability. If any term of the Agreement is held by any court of competent jurisdiction to be invalid, such invalidity shall not invalidate the remainder of the Agreement and the Agreement shall be construed and deemed reformed to the extent necessary to render valid such term and the rights and obligations of the parties shall be enforced accordingly.
4) Governing Law; Waiver of Jury Trial. The Agreement shall be governed by and interpreted in accordance with the internal laws of the state where the Host Property is located without giving effect to conflict of law rules. The parties hereby waive any and all rights to request or require that a jury determine any fact, matter, dispute or litigation between them, or render any judgment or decision, in any way concerning the Agreement, and agree that any and all litigation between them arising from or in connection with the Agreement shall be determined by a judge sitting without a jury.
5) Remedies. The rights and remedies provided by the Agreement are cumulative, and the use of any right or remedy by any party does not preclude or waive its right to use any or all other remedies. These rights and remedies are given in addition to any other rights a party may have under any applicable law, in equity or otherwise.
6) Force Majeure; Change in Law. Neither party is responsible for any delay or failure in performance of any part of the Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond the party’s control. If any rule, directive, order, decision or law adversely impacts the ability for EVgo to perform its obligations under the Agreement without becoming licensed or otherwise regulated by a public utility commission or analogous agency in the relevant jurisdiction, EVgo may, at its option, immediately suspend performance under the Agreement and/or terminate the Agreement upon notice to Host and without penalty.
7) Attorneys’ Fees. If either party institutes a suit against the other for violation of or to enforce any covenant, term or condition of the Agreement, the prevailing party shall be entitled to reimbursement of all of its costs and expenses, including, without limitation, reasonable attorneys’ fees.
8) No Third Party Beneficiaries. The Agreement does not confer any rights or remedies on any person other than the parties and their respective successors and permitted assigns.
9) Integration; Amendments. The Agreement contains all agreements, promises and understandings between the parties, and that there are no verbal or oral agreements, promises or understandings between the parties. Any amendment, modification or other change to the Agreement shall be ineffective unless made in a writing signed by the parties hereto.
10) Counterparts; Construction. The Agreement may be executed in any number of counterparts with the same effect as if all the parties had signed the same document. All documents or items attached to, or referred to in, the Agreement are incorporated into the Agreement as fully as if stated within the body of the Agreement. Each party has cooperated in the drafting, negotiation and preparation of the Agreement and nothing herein shall be construed against either party on the basis of that party being the drafter of such language.
The parties have executed this Agreement as of the date first set forth above.
HOST: EVGO:
THE CITY OF ARVIN, A LOCAL GOVERNMENT]________,
EVGO SERVICES LLC, a Delaware limited liability company
a [__ARVIN, CA. __]
By:
By:
Name: ALFONSO NOYOLA Name: Scott Moretz
Title: CITY MANAGER Title: Director, Site Host Development
Notice Address: 200 CAMPUS DRIVE, P.O. BOX 548 ARVIN, CA. 93203
Notice Address: 11390 West Olympic Blvd., Suite 250 Los Angeles, CA 90064 Attn: CEO with a copy to: 11390 West Olympic Blvd., Suite 250 Los Angeles, CA 90064 Attn: Director of Legal Affairs
Exhibit A
Premises
See attached drawing- Adobe Lot
Exhibit B
Scope of Work
A “Make-Ready Stub” consists of electric infrastructure, including without limitation conduit, wire, circuit breakers,
and junction boxes, as applicable, to support one circuit capable of supporting electric vehicle service equipment, all
as set forth in more detail on Exhibit B.-Estimates from Clean Fuel Technologies for Adobe Lot
EstimateDate
5/24/2017
Estimate #
4840
Name / Address
NRG EV Service LLCKevin KelleherP.O Box 840New Roads, LA 70760
Ship To
City of ArvinChristine Viterelli205 N. A StreetArvin, CA. 93203
P.O. No. Terms Job
Total
Clean Fuel Connection, Inc.11800 Clark St.
Arcadia, CA 91006Phone: 626-445-1445
Fax: 626-445-1450
Item Description Qty Rate Total
Installation Installation4th Ave City Owned Lot
Contact Information:Christine ViterelliCity of ArvinOffice (661) [email protected]
The price below is for the installation of the infrastructure & materials (does not includeE.V.S.E)
Infrastructure for 10 stalls
Prevailing Wage3-sets site specific drawingsCity Permit if requiredSupply & install Conduit & WireSupply & install KVA Transformer Supply & install 1 - 225A, 208/120V PanelSupply & install (10) 40A2P breakersAsphalt Remove and replaceTrenchingSupply and install 5 Bollards Rental Equipment as needed
Exclusions & Conditions:
1.No overtime or after-hours work 2.Not responsible for concealed or unforeseen items 3.Adequate power is assumed 4.If load test is required add $1,200.00
5. Striping and Signage
1 38,416.00 38,416.00
$38,416.00
Organization Location Construction Number of REV Spaces
Location of REV Spaces
Scope of Work Total Construction Cost
Construction Cost Per Space
Portion Per Space to be Paid by City
of Arvin
Total Construction
Cost to City of Arvin
Total Construction Cost to EVgo
City of Arvin205 N A Street
Arvin, CA 93203
Existing 10
10 spaces Parking lot near power
pole
The price below is for the installation of the infrastructure & materials (does not includeE.V.S.E)Prevailing Wage3-sets site specific drawings City Permit if requiredSupply & install Conduit & Wire Supply & install KVA TransformerSupply & install 1 - 225A, 208/120V Panel Supply & install (10) 40A2P breakers Asphalt Remove and replaceTrenchingSupply and install 5 Bollards Rental Equipment as needed Exclusions & Conditions:1. No overtime or after-hours work2. Not responsible for concealed or unforeseen items3. Adequate power is assumed4. If load test is required add $1,200.005. Striping and Signage
$38,416 $3,842 $842 $8,416 $30,000
10$38,416 $8,416 $30,000
City of Arvin Assessment Summary
Totals:
Resolution Re the Walnut Street Improvement Project Page 1 of 2
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN,
CALIFORNIA, PARTIALLY ACCEPTING THE WORK COMPLETED BY
BOWMAN ASPHALT AS SUBSTANTIALLY COMPLETE AND
RELIEVING THE CONTRACTOR OF LIABILITY FOR CERTAIN
DAMAGES CAUSED BY PUBLIC USE (WALNUT STREET PHASE 1
IMPROVEMENTS)
WHEREAS, the City of Arvin desired to construct Walnut Street from Bear Mountain
Boulevard to Grapevine Street; and
WHEREAS, the project was awarded to Bowman Asphalt; and
WHEREAS, the construction of the project is substantially complete, but certain
improvements remain pending; and
WHEREAS, the City Engineer has verified the substantial completion of the project; and
WHEREAS, the City of Arvin desires to conduct a Grand Opening ceremony on
September 22 – 24, 2017, which would involve the use of Walnut Street; and
WHEREAS, the City desires to partially accept the Walnut Street Phase 1 Improvements
as substantially complete; and
WHEREAS; the City of Arvin understands that Bowman Asphalt and its subcontractors
will not be responsible for certain damage caused by public use of the Walnut Phase 1 Street
Improvements upon occupancy for the Grand Opening ceremony; and
WHEREAS; it is not the intent of the Council to accept responsibility for any other
damages, and Bowman Asphalt and its subcontractors will remain responsible for any damage
caused by failure of any of its installed improvements, and nothing herein is intended to vary any
contractual obligations, warranties, or other obligations of said contractors.
NOW, THEREFORE, the City Council of the City of Arvin, hereby does resolve as
follows:
1. The City Council accepts the work performed by Bowman Asphalt for the Walnut Street
Phase 1 Improvements as substantially complete.
2. The City Council hereby acknowledges that Bowman Asphalt and its subcontractors will
not be responsible for damage caused by public use of the Walnut Phase 1 Street
Improvements upon occupancy for the Grand Opening ceremony.
Resolution Re the Walnut Street Improvement Project Page 2 of 2
3. Nothing in this Resolution shall expressly or implicitly cause the City to assume
responsibility for any other damages. Bowman Asphalt and its subcontractors will
continue to remain responsible for any other damages, including those caused by failure of
any of its installed improvements, and nothing herein shall vary any contractual
obligations, warranties, maintenance, or other obligations of said contractors, including the
necessity to complete the electrical system providing electricity for the outlets at the palm
trees within the Walnut Street Phase 1 right of way as identified by the City Engineer
4. This Resolution shall become effective immediately upon passage.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Arvin City Council at a regular meeting held on the 19th day of September, 2017, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CECILIA VELA, City Clerk
ARVIN CITY COUNCIL
By:
JOSE GURROLA, Mayor
APPROVED AS TO FORM:
By:
SHANNON L. CHAFFIN, City Attorney
Aleshire & Wynder, 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.
Resolution Re Garden in the Sun Park Project Page 1 of 2
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN,
CALIFORNIA, PARTIALLY ACCEPTING THE WORK COMPLETED BY JTS
CONSTRUCTION AND AS SUBSTANTIALLY COMPLETE AND RELIEVING
THE CONTRACTOR OF LIABILITY FOR CERTAIN DAMAGES CAUSED BY
PUBLIC USE (JEWETT SQUARE: GARDEN IN THE SUN PARK SW 15-001
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION)
WHEREAS, the City of Arvin desired to construct Jewett Square: Garden in the Sun Park; and
WHEREAS, the project was awarded to JTS Construction; and
WHEREAS, the construction of the project is substantially complete; and
WHEREAS, the City Engineer has verified the substantial completion of the project; and
WHEREAS, the City of Arvin desires to conduct a Grand Opening ceremony on September 22 –
24, 2017, which would involve the use of the Garden in the Sun Park; and
WHEREAS, the City desires to partially accept the Garden in the Sun Park as substantially
complete; and
WHEREAS; the City of Arvin understands that JTS Construction and its subcontractors will not
be responsible for certain damage caused by public use of the Garden in the Sun Park Improvements
upon occupancy for the Grand Opening ceremony; and
WHEREAS; it is not the intent of the Council to accept responsibility for any other damages,
and JTS Construction and its subcontractors will remain responsible for any damage caused by failure of
any of its installed improvements, and nothing herein is intended to vary any contractual obligations,
warranties, or other obligations of said contractors.
NOW, THEREFORE, the City Council of the City of Arvin, hereby does resolve as follows:
1. The City Council accepts the work performed by JTS Construction for the Jewett Square: Garden
In The Sun Park Sw 15-001 State Of California Department Of Parks And Recreation
Improvements (“Improvements”)as substantially complete.
2. The City Council hereby acknowledges that JTS Construction and its subcontractors will not be
responsible for damage caused by public use of the Improvements upon occupancy for the Grand
Opening ceremony.
3. Nothing in this Resolution shall expressly or implicitly cause the to assume responsibility for any
other damages. JTS Construction and its subcontractors will continue to remain responsible for
any other damages, including those caused by failure of any of its installed improvements, and
nothing herein shall vary any contractual obligations, warranties, maintenance, or other
obligations of said contractors, including the necessity to replace of dead plant and trees and to
repair of the damaged fountains as identified by the City Engineer
Resolution Re Garden in the Sun Park Project Page 2 of 2
4. This Resolution shall become effective immediately upon passage.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Arvin City
Council at a regular meeting held on the 19th day of September 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CECILIA VELA, City Clerk
ARVIN CITY COUNCIL
By:
JOSE GURROLA, Mayor
APPROVED AS TO FORM:
By:
SHANNON L. CHAFFIN, City Attorney
Aleshire & Wynder, 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.
01159.0006/408769.1
CITY OF ARVIN
Staff Report
Meeting Date: September 19, 2017
TO: Arvin City Council
FROM: Alfonso Noyola, City Manager
SUBJECT: Approval of Task Order No. 1710 Pursuant to the City Engineering Services Agreement
#2013-32 between Quad Knopf, Inc., and the City of Arvin, as amended, for the Garden in
the Sun Park Capital Improvement Project
BACKGROUND:
The City of Arvin previously approved Task Order(s) for City Engineering Services by QK, Inc.,
regarding the Garden in the Sun Park Capital Improvement Project (“GITS Project”), as well as the
Walnut Street Capital Improvement Project (“Walnut Street Project”). QK submitted Task Order 1710
for the GITS Project, as well as Task Order 1709 for the Walnut Project. Subsequently, QK has agreed
to withdraw Task Order 1709 for the Walnut Street Project budget amendment contingent and effective
upon approval of Task Order 1710 for the GITS Project. Staff recommends approval of Task Order 1710
for the GITS Project contingent upon withdrawal of claims for payment by QK regarding the Walnut
Street Project.
The City and QK are also addressing any continuing services for the GITS Project under an Memorandum
of Understanding (MOU), and under the MOU is anticipated to be available for assistance on an as need
basis involving the Walnut Street Project. Approval of Task Order 1710 will be considered Council
approval of that amount for the GITS Project portion of the MOU.
ENVIRONMENTAL ASSESSMENT:
This project has already been environmentally assessed, and no further assessment is required under the
California Environmental Quality Act.
FINANCIAL IMPACT:
Task Order No. 1710 for QK Inc. services for the remainder of the Garden in the Sun Park Capital
Improvement Project is $79,695 (including the discounted rate of 10%), which will be paid from grant
funding.
RECOMMENDATION:
Approval of Task Order 1710 for the remainder of the Garden in the Sun Park Capital Improvement
Project contingent upon withdrawal of claims for payment by QK regarding the Walnut Street Project,
and authorize the City Manager to include the approved Task Order 1710 amounts in the MOU with QK,
Inc. for the GITS Project.
ATTACHMENTS:
• Task Order 1710
• Exhibit A
TASK ORDER NO. 1710
DATE OF REQUEST: September 19, 2017
CITY PROJECT COORDINATOR: Quad Knopf, Inc
This Task Order is submitted to Contractor pursuant to Section 3.2.2 of the Contract
Services Agreement (“Agreement”) entered into between the City and Quad Knopf, Inc.
dated November 5th, 2013, as amended.
1. Project Description and Location:
General Administrative and Development Review Functions as described in Items I.A. and I.B.
of Exhibit “A” of the Scope of Services in the above-mentioned contract, and as amended by
Exhibit A-1506 and Exhibit A-1605 and Task Order 1710 for the Garden in the Sun Park Capital
Improvement Project.
2. Scope of Service Required:
Assist the City Manager and or their designee by providing general administrative and
development review services described in items I.A. and I.B. of the above-mentioned contract on
an as needed basis at the specific direction and request of the City Manager, and as amended by
Exhibit A-1506 Detailed Scope of Work and Exhibit A-1605 and Task Order 1710 in accordance
with details provided in the QK letter to the City Manager, dated August 23, 2017.
3. Expected Results and Deliverables:
Results and deliverables will be provided as described in the above-mentioned contract, or as
determined by the City Manager and agreed upon by the City Engineer.
4. Period of Performance (Time Frame):
The period of performance will be as determined in the above mentioned contract or by the City
Manager and agreed upon by the City Engineer, if not specified under the contract.
5. Project Schedule:
Project schedules will comply with the above mentioned contract, or as determined by the City
Manager and agreed upon by the City Engineer, if not specified under the contract.
NOTICE to CONTRACTOR: Pursuant to Section 3.2.2 of Agreement, after City delivers draft
Task Order to the Contractor, Contractor shall return draft Task Order within ten (10) calendar
days with a Cost Estimate. Quad Knopf, Inc. proposed cost: Fixed Fee of $88,551 (less 10%
discount) $79,695 in accordance with the rate schedule under the approved contract. This
budget may be reviewed periodically by the City, and adjusted as needed to accommodate
the needs of the City, or the Agreement between the City of Arvin and the State’s Grant
Administrator.
Approved by: ____________________________
Alfonso Noyola, City Manager Date
Proj. #: A150165
Project:
Project Lead: Dept.:
x Changed
Fund: Line Item: Maintenance
H/S/W 5 OVERALL
3 8
Cost Summary FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Future Yrs TOTAL
$302,000 $302,000
$0
$84,241 $110,000 $194,241
$22,500 $22,500
$79,695 $79,695
$2,770,493 $2,770,493
$3,368,929
Funding Source(s) FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Future Yrs TOTAL
$503,155 $2,894,680 $3,397,835
-$201,070 $201,070 $0
-$28,906 -$28,906
$0
$3,368,929
FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Future Yrs TOTAL
$684,000
Garden in the Sun Park Project
Nate Meeks
Proposition 84 Parks Grant - Agreement was signed January 24, 2011
4. What impact will the project have on annual operation expenses? Please quantify and describe.
Projected Operating Expenses
Projected operating expenses for park maintenance and monitoring of spray park equipment and amenities.
Map and/or pictures of Project/Project Area
$0
Project is being awarded to JTS Construction. The construction cost include the
base bid and no add alternates with a 10% contingency
$0 $0
1. Briefly Describe and provide justification for this Capital Project Request.
Project will provide recreational activities in the northwest part of the City and promote a healthy living environment. Project is being modified to accommodate funding
requirements.
2. Describe the project status and completed work. 3. Describe any anticipated grants related to the project.
Difference to Construction Costs
TOTAL FUNDING SOURCES $302,085 $0 $3,066,844
$132,500 $2,850,188 $0 $0
Proposition 84 Park Grant
Return of proceeds
Estimated Final Construction Costs
Engineering Task Order 1710
TOTAL COST $302,000 $84,241
5
A = Actual B = Budgeted B R E A K D O W N O F P R O J E C T C O S T A N D F U N D I N G S O U R C E S
Pinnacle Contract
City Costs
High 5
Engineering Task Order 1506
Rating:
$18,000
Engineering Task Order 1605
Priority Setting Factors: Maint. 3 Expan. 3 New 3 Low 1 Medium 3
$18,000
2016-2017 PROJECT SHEET
Engineering
Project Type: New Project/Expansion
Replacement
$630,000$0 $18,000
01159.0006/408922.1
CITY OF ARVIN
Staff Report
Meeting Date: September 19, 2017
TO: Arvin City Council
FROM: Nathan D. Meeks, City Engineer
Alfonso Noyola, ICMA-CM, City Manager
SUBJECT: Accepting dedication of a Landscape and Wall Easement along South Comanche Road, Tract
5816, Phase 9.
BACKGROUND:
LeOra, LLC, the most recent owner of Tract 5816, has requested The City of Arvin to accept a
Landscape and Wall Easement along South Comanche Road, Tract 5816 Phase 9 by June 30,
2019. The Final Map was recorded on December 5, 2006 and consists of 71 lots on 19.68 Acres.
The Improvement Plans provide for the placement of the Sound Wall three (3) feet within the
lots backing up to Comanche Road. The Improvement Plan states the Developer is required to
Dedicate a Landscape and Wall Easement to the City of Arvin.
FINANCIAL IMPACT:
Tract 5816 Phase 9 is annexed into Lighting and Maintenance District No. 1. There is no
Financial Impact to the City.
CEQA:
This project has already been environmentally assessed. Therefore, no further review is required
by CEQA.
RECOMMENDATION:
Staff recommends acceptance of the Easement
1. Landscape and Wall Easement Plat and Description
ATTACHMENTS:
Landscape and Wall Easement.
CITY OF ARVIN
Staff Report
Meeting Date: September 19, 2017
TO: Arvin City Council
FROM: Adam Ojeda, P.E., City Engineer
Alfonso Noyola, ICMA-CM, City Manager
SUBJECT: Approval of Task Order No. 1712 Pursuant to the Professional Services Agreement dated
September 1, 2017 between DeWalt Corporation and the City of Arvin for General
Engineering and Plan Check Services.
BACKGROUND:
The City of Arvin entered into a Professional Services Agreement (Agreement) with DeWalt
Corporation (DWC) on September 1st, 2017 for DWC to perform general engineering and plan
check services as well as additional services, on an as needed basis, as requested by the City, and
approved by subsequent task orders. This task order is the first following the execution of said
Agreement, and shall be for general engineering, plan check, encroachment permit inspections,
and surveying services, as requested by the City Manager or his designees. Said services shall be
separate and independent from any other project which is funded by other task orders and
funding sources.
These services shall be performed on a Time and Material basis not to exceed $15,000.00 for a
period of time to last as long as budget remains available or until the expiration of the
Agreement, whichever comes first. Each invoice from DWC will include a 15% discount on all
Labor up to the not to exceed amount.
FINANCIAL IMPACT:
General fund monies shall be used on a Time and Materials basis not to exceed $15,000.00.
RECOMMENDATION:
Staff recommends the approval of Task Order No. 1712.
ATTACHMENTS:
Task Order No. 1712
Exhibit A
Financial Spreadsheet
TASK ORDER NO. 1712
DATE OF REQUEST: September 19, 2017
CITY PROJECT COORDINATOR: DeWalt Corporation.
This Task Order is submitted to Contractor pursuant to Section 2.4 of the Professional
Services Agreement (“Agreement”) entered into between the City of Arvin and DeWalt
Corporation (DWC) dated September 1st, 2017.
1. Project Description and Location:
General Administrative and Development Review Functions as described in attached
Exhibit A specific to general engineering and plan checking services, as requested by the
City.
2. Scope of Service Required:
Assist the City Manager and or their designee by providing general administrative and
development review services described in attached exhibit A on an as needed basis at the
specific direction and request of the City Manager.
3. Expected Results and Deliverables:
Results and deliverables will be provided as described in the above mentioned contract,
or as determined by the City Manager and agreed upon by the City Engineer.
4. Period of Performance (Time Frame):
The period of performance will be as determined in the above mentioned contract, or by
the City Manager and agreed upon by the City Engineer, if not specified under the
contract.
5. Project Schedule:
Project schedules will comply with the above mentioned contract, or as determined by the
City Manager and agreed upon by the City Engineer, if not specified under the contract.
NOTICE to CONTRACTOR: Pursuant to Section 2.4 of Agreement, after City delivers draft
Task Order to the Contractor, Contractor shall return draft Task Order within ten (10) calendar
days with a Cost Estimate. DWC proposed cost: Time and Materials of $15,000 (Each invoice
will include a 15% labor discount for DWC Labor) in accordance with the rate schedule
under the approved contract. This budget may be reviewed periodically by the City, and
adjusted as needed to accommodate the needs of the City.
Approved by: ____________________________ ________________
Alfonso Noyola, City Manager Date
Scope of Services – General Engineering Services
Exhibit A – Task Order No. 1712
Scope of Services – General Engineering Services
Project Understanding
The City of Arvin entered into a Professional Services Agreement (Agreement) with DeWalt
Corporation (DWC) on September 1st, 2017 for DWC to perform general engineering and plan
check services as well as additional services, on an as needed basis, as requested by the City, and
approved by subsequent task orders. This task order is developed, as requested by the City
Manager, and shall entail the scope of work, schedule, and fees as follows.
Scope of Work
DWC will perform general engineering, plan check, encroachment permit inspections, and
surveying services for the City, as requested by the City Manager or his designees. Said services
shall be separate and independent from any other project which is funded by other task orders
and funding sources.
Proposed Schedule
DWC will perform the above mentioned services, as requested by the City Manager or his
designees for an undefined period of time provided there is budget for said services as described
below or until the expiration of the Agreement between the City of Arvin and DWC, whichever
comes first.
Fee Schedule
DWC will perform the above described scope of services on a Time and Materials basis for an
amount not to exceed $15,000.00. Each invoice from DWC will include a 15% discount on all
Labor up to the not to exceed amount. DWC will inform the City prior to the exhaustion of this
budget at which time the City may elect to approve another task order for the same services at
the same fee as described herein.
Proj. #: TO 1712
Project:
Project Lead: Dept.:
Cost Summary FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 Future Yrs TOTAL
$15,000 $15,000
$15,000
Funding Source(s) FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 Future Yrs TOTAL
$15,000 $15,000
$15,000
FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Future Yrs TOTAL
$15,000
N/A
General Engineering - Plan Check
Adam Ojeda, P.E.
General engineering and plan check services performed on an on-call basis. n/a
4. What impact will the project have on annual operation expenses? Please quantify and describe.
Projected Operating Expenses
Map and/or pictures of Project/Project Area
$0 $0 $0
1. Briefly Describe and provide justification for this Capital Project Request.
This is not a capital improvement project.
2. Describe the project status and completed work. 3. Describe any anticipated grants related to the project.
TOTAL FUNDING SOURCES $15,000 $0 $0
$0 $0 $0 $0
General Funds
TOTAL COST
2017-2018 PROJECT SHEET
Engineering
$15,000 $0
B R E A K D O W N O F P R O J E C T C O S T A N D F U N D I N G S O U R C E S
Engineering Task Order 1712
$0$0 $0 $0 $0 $15,000
PROCLAMATION
HISPANIC HERITAGE MONTH
September 15 to October 15, 2017
WHEREAS, Our nation has found strength in the diversity of our people. With faith and
passion, a strong work ethic and a deep devotion to the family, the Hispanic community has helped
to carry forward our legacy as a vibrant symbol of opportunity for all.
WHEREAS, Whether it be generations that are here or because they are some of the
newest American members of our American family, they represent many countries and cultures,
each adding its own distinct and dynamic perspective to the history of our country.
WHEREAS, In celebration of Hispanic Heritage Month, we recognize the contributions
Hispanics have made throughout our history, and we emphasize the rich diversity that keeps our
communities strong.
WHEREAS, Hispanic Americans have had an impact on our history and have helped drive
hard-won progress for our entire people. They are writers, singers and musicians who enrich our
arts and humanities; The innovative entrepreneurs who run our economy. They are scientists and
engineers revolutionizing our way of life and making unprecedented discoveries; Defenders
leading the way for social and political change. They are brave men and women in uniform who
pledge to defend our most cherished ideals in our country and abroad. And their achievements and
devotion to our nation exemplify the tenacity and perseverance infiltrated into our national
character.
WHEREAS, This month, let's reflect on all the ways Hispanics have contributed to the
betterment of our nation and reaffirm our commitment to increase opportunity and build an even
brighter future for all of us. We welcome the diversity that makes us strong and continue to work
to ensure that the American dream is within the reach of the Hispanic generations to come.
NOW, THEREFORE, We, the City Council of the City of Arvin, hereby proclaim the
period from September 15 to October 15, 2017 as the Hispanic Heritage Month. We call on all
public officials, educators, librarians, and all Americans to celebrate this month with appropriate
ceremonies, activities, and programs.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the City of
Arvin to be affixed this 19th day of September
2017.
Jose Gurrola, Mayor
City of Arvin
City of Arvin
Arvin, California
Independent Accountants’ Report on Agreed-Upon Procedures Applied to
Appropriations Limit Schedule
For the Year Ended June 30, 2017
INDEPENDENT ACCOUNTANTS’ REPORT ON
APPLYING AGREED-UPON PROCEDURES To the Honorable Mayor and Members of City Council
of the City of Arvin Arvin, California We have performed the procedures enumerated below, which were agreed to by the City of Arvin, California (the “City”) and the League of California Cities (as presented in the publication entitled Agreed-upon Procedures Applied to the Appropriations Limitation Prescribed by Article XIII-B of California Constitution) on assisting you in meeting the requirements of Section 1.5 of Article XIII-B of California Constitution for the year ended June 30, 2017. The City’s management is responsible for the Appropriations Limit Schedule. The sufficiency of these procedures is solely the responsibility of the City. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. The procedures performed and associated findings are as follows:
1. We obtained the completed worksheets used by the City to calculate its appropriations limit for the year ended June 30, 2017, and determined that the limit and annual calculation factors were adopted by resolution of the City Council. We also determined that the population and inflation options were selected by a recorded vote of the City Council.
Finding: No exceptions were noted as a result of our procedures.
2. For the accompanying Appropriations Limit Schedule, we added the prior year’s limit to the total adjustments, and agreed the resulting amount to the current year’s limit.
Finding: No exceptions were noted as a result of our procedures.
3. We agreed the current year information presented in the accompanying Appropriations Limit Schedule to corresponding information in worksheets used by the City.
Finding: No exceptions were noted as a result of our procedures.
4. We agreed the appropriations limit presented in the accompanying Appropriations Limit Schedule to the appropriations limit adopted by the City Council.
Finding: No exceptions were noted as a result of our procedures.
200 East Sandpointe Avenue, Suite 600, Santa Ana, California 92707 Tel: 949-777-8800 • Fax: 949-777-8850
www.pungroup.com
3939352 Pun & McGeady_L_final.pdf 2 1/14/14 3:48 PM
To the Honorable Mayor and Members of City Council of the City of Arvin
Arvin, California Page 2
2
The agreed-upon procedures engagement was conduced in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the accompanying Appropriations Limit Schedule. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. No procedures have been performed with respect to the determination of the appropriations limit for the base year, as defined by Article XIII-B of the California Constitution. This report is intended solely for the information and use of the City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties.
Santa Ana, California August 11, 2017
City of Arvin Appropriations Limit Schedule
For the Year Ended June 30, 2017
See accompanying Notes to Appropriations Limit Schedule. 3
Amount Source
A. Appropriations Limit FY 2015-2016 3,010,050$ Prior year appropriations
limit adopted by the City
B. Calculation Factors:
1) Population increase % 1.0228 California Department of Finance
2) Inflation increase % 1.0537 California Department of Finance
3) Total adjustment % 1.0777 (B1 x B2)
C. Annual Adjustment Increase 233,954 {(B3 - 1) x A}
D. Other Adjustments:
1) Loss responsibility (-) - N/A
2) Transfer to private (-) - N/A
3) Transfer to fees (-) - N/A
4) Assumed responsibility (+) - N/A
E. Total Adjustments 233,954 (C + D)
F. Appropriations Limit FY 2016-2017 3,244,004$ (A + E)
City of Arvin Notes to Appropriations Limit Schedule
For the Year Ended June 30, 2017
4
Note 1 – Purpose of Limited Procedures Review Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes. Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIIB, the annual calculation of the appropriations limit is subject to a limited procedures review in connection with the annual audit. Note 2 – Method of Calculation Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986-87, adjusted for the inflation and population factors discussed in Notes 3 and 4 below. Note 3 – Population Factors A California governmental agency may use as its population factor either the annual percentage change of the jurisdiction’s own population or the annual percentage change in population of the county where the jurisdiction is located. The factor adopted by the City for the year ended June 30, 2017, represents the annual percentage change in population for the City of Arvin. Note 4 – Inflation Factors A California governmental agency may use as its inflation factor either the annual percentage change in the 4th quarter per capita personal income (which percentage is supplied by the California Department of Finance) or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction. The factor adopted by the City for the year ended June 30, 2017, represents the annual percentage change for per capita personal income. Note 5 – Other Adjustments A California government agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another government agency or private entity. The City had no such adjustments for the year ended June 30, 2017.
Staff Report – City Council Initiation of Code Amendment – Title 17 Zoning
Page 1 of 3
CITY OF ARVIN
Agenda Report
Meeting Date: September 19, 2017
TO: City Council
FROM: Marti Brown, Community Development Director
Alfonso Noyola, City Manager, ICMA-CM
SUBJECT: Adoption of a Resolution of the City Council Initiating Amendment to Arvin
Municipal Code Title 17 Zoning – Various Additions, Deletions, and
Amendments
RECOMMENDATION
Motion to Approve Resolution of the City of Arvin City Council Initiating Code Amendments to
Title 17 – Zoning, Various Additions, Deletions, and Amendments.
BACKGROUND
The City Manager’s duty under Section 2.06.120 is to recommend adoption of ordinances when
deemed necessary to the City Council.
The City of Arvin Municipal Code, Title 17 is extremely outdated (e.g., last updated in 1965)
and does not reflect many of the latest Planning practices, new technology, and the most up-to-
date legislation required of local agencies to accommodate various land use activities. Notable
changes in the law and technology include the use of public right-of-way for cell towers and
poles, housing related criteria for 2nd dwelling units, definitions dealing with family members,
and oil and gas uses.
In addition, the city has expended time and monies to update proposed amendments to Title 17
Zoning and staff is currently reviewing those proposed changes. For example, one section of the
proposed code update establishes design criteria for new development. This section is a high
priority to insure all new development embrace the City’s design objectives, vision and criteria.
In addition, Title 17 only authorizes the Planning Commission to initiate code updates. Staff
recommends that these authorities be extended to the City Council, Community Development
Director and/or City Manager allowing any of them, as deemed necessary, to initiate code
amendments under Title 17 Zoning of the Municipal Code.
Regardless of the Municipal Code, under State law the City Council may request the Planning
Commission to study and report on an amendment to the zoning ordinance, and make a written
recommendation to the City Council prior to adoption. Upon City Council adoption of the
attached resolution, various staff recommendations to amend Title 17 will be prepared. As
completed, the recommendations will be presented in a public hearing before the Planning
Staff Report – City Council Initiation of Code Amendment – Title 17 Zoning
Page 2 of 3
Commission and its final recommendations will be forwarded to the City Council for
consideration and action.
FISCAL IMPACT
The staff time and expense to amend Title 17 will be absorbed by the existing approved budget.
EXHIBITS AND ATTACHMENTS
Resolution of the City of Arvin City Council Initiating Code Amendments to Title 17 – Zoning,
Various Additions, Deletions, and Amendments.
Exhibit A – Title 2 Administration and Personnel, Chapter 2.06 City Administrator/City
Manager, Subsection II. Powers and Duties, Section 2.06.120 Ordinances recommended
adoption.
Exhibit A to Staff Report – City Council Initiation of Code Amendment – Title 17 Zoning
Page 3 of 3
EXHIBIT A
EXHIBIT A – TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.06 CITY
ADMINISTRATOR/CITY MANAGER, SUBSECTION II. POWERS AND DUTIES, SECTION
2.06.120 ORDINANCES RECOMMENDED ADOPTION.
2.06.120 - Ordinances recommended for adoption.
It shall be the duty of the city manager and he shall recommend to the city council for adoption such
measures and ordinances as he deems necessary.
Reso City Council Initiation of Code Amendment – Title 17 Zoning
Page 1 of 2
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
INITIATING AMENDMENT TO ARVIN MUNICIPAL CODE TITLE 17
ZONING – VARIOUS ADDITIONS, DELETIONS, AND AMENDMENTS
WHEREAS, the City Manager is authorized by Section 2.06.120 to recommend to the
City Council ordinance amendments when deemed necessary.
WHEREAS, the City Manager recommends amendments to Title 17 Zoning that will
benefit and serve the public necessity, convenience, general welfare, or good zoning practices
justify such action; and
WHEREAS, the City Council concurs with the City Manager’s recommendation and
authorizes the Community Development Director to prepare reports and present
recommendations relating to the possible amendments to the City’s Zoning Code, Title 17 –
Zoning to the Planning Commission for their recommendation to the City Council.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Arvin as
follows:
1. The City Manager recommended the City Council initiate various additions, deletions,
and amendments to Title 17 Zoning that will benefit and serve public necessity,
convenience, general welfare, or good zoning practices justify such action.
2. The City Council finds that the City of Arvin Municipal Code, Title 17, needs to be
updated to reflect changes in the law, technology and local conditions. The City Council
further finds that public necessity, convenience, general welfare, or good zoning practices
justify various amendments, additions, and deletions to the City of Arvin’s land use
zoning ordinance, and based thereon, hereby initiates amendments to Arvin Municipal
Code Title 17 Zoning and directs the Planning Commission to provide a recommendation
to the City Council consistent with Government Code section 65853 et seq. Specifically,
the recommendation would include amendments to Title 17 that would include:
a. Cell towers and use of public right of ways.
b. Housing, including accessory dwelling units, definitions dealing with family
members, etc.
c. Oil and gas code updates.
d. Design guidelines.
e. Expanding initiation authority to the Community Development Director and City
Manager, as well as to clarify the City Council’s ability to initiate amendments to
Title 17.
f. Other items recommended by the City Manager, City Attorney, Community
Development Director or Planning Commission.
g. Comprehensive General Plan Update.
Reso City Council Initiation of Code Amendment – Title 17 Zoning
Page 2 of 2
In addition, the City has expended time and monies in updating proposed amendments to
Title 17 Zoning and is currently being reviewed by City Staff. One section of the
proposed code update establishes design criteria for new development this section is a
high priority to insure all new development embrace the design criteria.
3. The Community Development Director is directed to act consistent with this initiation
and the requirements of the Arvin Municipal Code and cause the preparation of the
appropriate environmental documentation for said amendments.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
City Council of the City of Arvin at its regular meeting thereof held on the 19th day of September
2017 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
JOSE GURROLA, Mayor
APPROVED AS TO FORM:
By:
SHANNON L. CHAFFIN, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, Secretary of the City Council of the City of Arvin,
California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the
Resolution passed and adopted by the City Council of the City of Arvin on the date and by the
vote indicated herein.
17.54.040 - Amendments and zone boundary changes.
A. Whenever the public necessity, convenience, general welfare, or good zoning practices
justify such action, the planning commission, upon its own motion or upon the verified
application of any interested person, may initiate proceedings to amend, supplement or
change the zones, regulations or districts established by this title.
B. With the exception of amendments changing property from one zone to another, or
changing the boundaries of any zone, amendments may be made or new zoning maps
adopted in the same manner as this title was adopted.
(Ord. 51 §3104, 1965)
CITY OF ARVIN
Staff Report
Meeting Date: September 19, 2017
TO: Arvin City Council
FROM: Adam Ojeda, P.E., City Engineer
Alfonso Noyola, ICMA-CM, City Manager
SUBJECT: Restrooms for Felecita Park
BACKGROUND:
Felicita Park was constructed in approximately 2008, and is located in the newer part of town
south of Sycamore Drive, and is comprised of 1.75 acres of land. It was designed, and intended
to be used solely by the residents within a few blocks from it.
At the last council meeting on September 5th, there was some discussion as to why there are no
restroom facilities in this park as well as the feasibility of adding restrooms at this park. At this
time, it is unknown as to why the park was constructed with no restrooms as these decisions were
made by a previous regime of City Staff, Architects, and Engineers. It is possible that restrooms
were desired, but thought of as a future phase should funding become available, or it is possible
that they were intentionally excluded for myriad reasons. One reason might be that the industry,
in recent decades, have not included them in the design of small neighborhood parks as the
thought is that people who use them are close enough to home and can reasonably go home
should they require a restroom. Another reason might be due to the cost of building such
facilities as well as the high cost of maintaining them combined with the fact that park restrooms
are almost always subjected to significant vandalism.
There seems to be no universally accepted industry standard as to how large a park must be at
such point where you must construct restrooms. This seems to be a case-by-case issue for cities.
In researching this topic, DeWalt reached out to Bakersfield and Wasco who informed us that
they avoid constructing restrooms, if possible, even for much larger parks due to the fact that
they immediately are subjected to vandalism as well as illicit activities such as drug and alcohol
use. In almost all cases, they are paying for staff members to lock the restrooms at sundown
every night (including the weekends) as well as opening them up in the morning.
The recently completed Garden in the Sun Park Project constructed a 4-stall restroom facility for
approximately $220,000.00. This price does not include engineering and construction
management costs which can conservatively be estimated to be 20% of the construction costs. So
the rough costs of those restrooms is approximately $264,000.00. Felicita Park likely would only
require 2 stalls (one ADA and one regular) unless a male and female type building is desired.
However, it should not be expected for the cost to be half as much as the design of a new facility
would need to be of the same standards of construction as that which was just built at GITS.
Until a detailed design and cost estimate can be prepared, it would be prudent to consider
$264,000.00 as a conservative estimate of the cost.
It is important to note, that while GITS Park is not much larger than Felecita at 3.6 acres, GITS
was designed to be more of a regional park as it is a centerpiece of a new downtown economic
center for the city, and the inclusion of parking means that the park is intended for people to
come from all over the city to use it. It therefore makes sense for there to be restrooms in this
park. The same is true for DiGiorgio and Kovacevic Parks.
It should also be noted that an appropriate investigation of the location of nearby sanitary sewer
lines must be performed to make sure there would be no issues with depth of cover as well as
pipe slopes. The same is true regarding electrical facilities within the park as there are no lights
within the park, and the only existing electrical usage within the park is from low voltage circuits
tied to the existing irrigation system.
FINANCIAL IMPACT:
No immediate financial obligations as this is only a discussion item. However, total costs could
be as much as the aforementioned $264,000.00.
RECOMMENDATION:
In light of the unknowns as well as the anticipated maintenance costs and blight issues, City Staff
does not recommend the construction of a restroom facility within Felicita Park at this time.
Presented to: The Arvin City Council
IT / Technology Department2016 – 2017
Annual Report
Presented to: The Arvin City Council
Agenda
• Your IT Team
• Professional Services Provided
• 2016-2017 Projects Completed Service Summary
• Technology Roadmap
Presented to: The Arvin City Council
Your IT StaffMatt Mayo
CEO
David Rice
COO
Mike Leftwich
General Manager
Cory Ferguson
Sales
Alex Claytor Sales Engineer
Jessica Romera
Operations/Admin
Jeremy Meighan
Service Manager
Steve Davis
Senior Systems Engineer
Matt Ames Sr. Support Engineer
Cody Cooper
Support Engineer
Blake Gibson
Support Engineer
Paul Limpias
Cloud Architect
Presented to: The Arvin City Council
Professional Services
o Consulting and Strategic Planning
o Research and Development
o Engineering and Design
o Training
o Vendor Management
o Security and Network Assessments
o Telecommunication Audits
o State of the Art Ticketing System
o Biweekly City Counsel Meetings
o Biweekly City Staff Meetings
Presented to: The Arvin City Council
2016-2017 Projects Completed
Presented to: The Arvin City Council
BackupCentric
✓Upgraded Backup Solution
✓ Increased Data Storage Capabilities
✓Highly Scalable
✓ Efficient Data Recovery
2017-2018 Technology Recommendations:
• Offsite Disaster Recovery Solution
• Business Continuity Plan
Presented to: The Arvin City Council
Upgraded Wireless Access
✓ Expanded Network Coverage
✓ Increased Wireless Bandwidth
✓ Improved Roaming/Handoff Capabilities
✓ Enhanced Multiple User Access
Presented to: The Arvin City Council
Email Archival Solution
✓ Simplified Email Recovery
✓ Streamlined Compliance and Supervision
✓Reduced Cost to Restore and Recover Emails
✓Unlimited Archived Emails
✓Basic Reporting
Presented to: The Arvin City Council
Upgraded Council Chambers
Council Members and Staff Goes Electronic
✓ Installed “All-In-One” workstations
✓ Upgraded Network Infrastructure
✓ Cable Cleanup
2017-2018 Technology Recommendations:
• Add Streaming Audio and Video to Council Chamber
Presented to: The Arvin City Council
Access Controls Project
✓ Assisted in Engineering and Completion
✓ Secured Critical Points of Entry
✓ Trained Staff
2017-2018 Technology Plan:
• Add Access Control to Specified Areas for PD
• Additional Cameras to Parking Lot and Transit
Presented to: The Arvin City Council
Approved Technology Grants
o Homeland Security Grant $100K
o Cal OES-TSSSDRA 2015 Grant $24,400
➢ Security Cameras for City Lot
➢ Security Cameras for Park and Ride
➢ Server Upgrades and Security Cameras for Transit
o PTMISEA-DOT Caltrans Funded
➢ Assisted with Install of Monitoring System for Solar Power Usage
Presented to: The Arvin City Council
Implemented Remote Monitoring
✓ Provides Network Visibility
✓ Creates Granular Reporting
✓ Monitors Network Health
✓ Streamlines Issue Resolution
✓ Basic Reporting
2017-2018 Technology Recommendations:
• Upgrade to ManageCentric Complete – DiamondIT’s fully managed help desk and remediation services
Presented to: The Arvin City Council
BackupCentric Monitoring
Presented to: The Arvin City Council
Asset Monitoring
Presented to: The Arvin City Council
Network Monitoring
Presented to: The Arvin City Council
Maintenance & Support
Presented to: The Arvin City Council
Weekly On-Site Support
✓ Address all Adds, Moves and Changes within each Department
✓ Server and Workstation Maintenance, Updates, and Patches
✓ Manage and Implement Projects for IT Infrastructure
✓ Troubleshoot and Repair Any and All IT Related Issues
Presented to: The Arvin City Council
Action Plan for 2017-2018
Presented to: The Arvin City Council
2017-2018 Future Technology Grants
o SJVAPCD-E-Mobility Grant 1
➢ E Government, Servers, Online Licensing & Permitting – Up to $150K
o SJVAPCD-E-Mobility Grant 2
➢ Telecommute-Computers, Server Upgrade, Software – Up to $150K
o SJVAPCD-E-Mobility Grant 3
➢ Streaming Teleconference-Teleconferencing Systems – Up to $150K
San Joaquin Valley
AIR POLLUTION CONTROL DISTRICT
Presented to: The Arvin City Council
2017-2018 IT Recommendations
City of Arvin
Assist with Consulting on New Line of Business Software
Upgrade Physical Server Environment to Virtualization
Upgrade Exchange Email Server from 2007 to 2016
Tighten Security Policies with Best Practices
Upgrade Battery Backup System
Disaster Recovery and Business Continuity Plan
Additional Access Controls to Specified Areas
Offsite Storage and Disaster Recovery Solution
Thank you