REGULAR MEETING AGENDA OF THE ARVIN CITY COUNCIL ... · DFEH Complaint No. 768159-232472 (EEOC No....

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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

Transcript of REGULAR MEETING AGENDA OF THE ARVIN CITY COUNCIL ... · DFEH Complaint No. 768159-232472 (EEOC No....

Page 1: REGULAR MEETING AGENDA OF THE ARVIN CITY COUNCIL ... · DFEH Complaint No. 768159-232472 (EEOC No. 37A-2016-02371-C) re ... € Alfonso Noyola, City Manager and Pawan Gill, Human

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

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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.

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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

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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

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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

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STREET MAINTENANCE

& REPAIR UPDATE

Maintenance & Infrastructure Division

Community Development Department

City of Arvin

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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.

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M&I DIVISION TEAM

CD Director

M&I Supervisor

MTT Custodian(Part-Time)

MTT MTT MTT MTT MTT

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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.

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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.

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QUESTIONS?

Page 12: REGULAR MEETING AGENDA OF THE ARVIN CITY COUNCIL ... · DFEH Complaint No. 768159-232472 (EEOC No. 37A-2016-02371-C) re ... € Alfonso Noyola, City Manager and Pawan Gill, Human

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

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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:

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Ref. No. Vendor Name Invoice No. Invoice Date Invoice Description Invoice Amount

Edit List of Invoices - Summary

DEMAND LIST 09/11/2017

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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

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Ref. No. Vendor Name Invoice No. Invoice Date Invoice Description Invoice Amount

Edit List of Invoices - Summary

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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

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Payroll 09-08-17

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Arvin City Council Meeting Minutes 09/05/17

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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.

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Arvin City Council Meeting Minutes 09/05/17

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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.

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Arvin City Council Meeting Minutes 09/05/17

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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

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Arvin City Council Meeting Minutes 09/05/17

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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.

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Arvin City Council Meeting Minutes 09/05/17

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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

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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

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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

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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.

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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.

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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

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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.

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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

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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

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Exhibit A

Premises

See attached drawing.

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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

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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

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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:

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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.

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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

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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.

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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

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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

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Exhibit A

Premises

See attached drawing- Adobe Lot

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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

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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

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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:

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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.

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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.

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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

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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.

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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

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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

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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

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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.

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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

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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

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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.

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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

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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

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City of Arvin

Arvin, California

Independent Accountants’ Report on Agreed-Upon Procedures Applied to

Appropriations Limit Schedule

For the Year Ended June 30, 2017

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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

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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

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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)

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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.

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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

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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.

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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.

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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.

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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.

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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)

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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

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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.

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Presented to: The Arvin City Council

IT / Technology Department2016 – 2017

Annual Report

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Presented to: The Arvin City Council

Agenda

• Your IT Team

• Professional Services Provided

• 2016-2017 Projects Completed Service Summary

• Technology Roadmap

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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

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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

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Presented to: The Arvin City Council

2016-2017 Projects Completed

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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

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Presented to: The Arvin City Council

Upgraded Wireless Access

✓ Expanded Network Coverage

✓ Increased Wireless Bandwidth

✓ Improved Roaming/Handoff Capabilities

✓ Enhanced Multiple User Access

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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

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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

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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

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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

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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

Page 86: REGULAR MEETING AGENDA OF THE ARVIN CITY COUNCIL ... · DFEH Complaint No. 768159-232472 (EEOC No. 37A-2016-02371-C) re ... € Alfonso Noyola, City Manager and Pawan Gill, Human

Presented to: The Arvin City Council

BackupCentric Monitoring

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Presented to: The Arvin City Council

Asset Monitoring

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Presented to: The Arvin City Council

Network Monitoring

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Presented to: The Arvin City Council

Maintenance & Support

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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

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Presented to: The Arvin City Council

Action Plan for 2017-2018

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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

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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

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Thank you