Agenda
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Transcript
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[1:00]
Council Member Tarber, Council Member Biddes, Council Member Horton, Mayor Potembrees,
[1:17]
Mayer Calderon.
[1:19]
We will commence to agenda item 1 approval of agenda as to form staff, are there any changes to the agenda?
[1:27]
Are there any comments from the public comments from the council?
[1:32]
Oh.
[1:33]
One question.
[1:35]
This item be?
[1:38]
Item B?
[1:40]
Yes.
[1:41]
Resolution for the dog?
[1:43]
Yes.
[1:44]
Okay, is there any way we can move that up so that he can get out of here?
[1:48]
Ah, yeah, we can move that up. Would you like to move it up now?
[1:51]
I'm familiar all day, so.
[1:52]
Okay.
[1:53]
Yeah. Is everyone, oh, yeah. Do I have a second?
[1:56]
Yes.
[1:57]
Great. We have a second.
[1:58]
Where are we moving it up to?
[1:59]
We're going to move it up to the foreclosession.
[2:01]
Okay, sure.
[2:02]
We'll be the first item on the agenda.
[2:04]
Okay.
[2:06]
Okay.
[2:07]
And I'm sorry, the motion was from.
[2:10]
Mr. Tarber, and a second from Mr. Perez.
[2:12]
Okay.
[2:13]
Roll call.
[2:15]
Council Member Tarber.
[2:16]
Yes.
[2:17]
Council Member Fiddes.
[2:18]
Yes.
[2:19]
Council Member Horton.
[2:20]
Mayor Potembrees.
[2:21]
Yes.
[2:22]
Mayer Calderon.
[2:23]
Yes.
[2:24]
Mr. Tarber.
[2:25]
Fantastic.
[2:26]
Okay.
[2:27]
So, now we are moving to item B.
[2:29]
So, item B.
[2:32]
This is consideration and approval for the city council of the city of Arvin declaring certain city owned personal property as surplus and authorizing the disposition pursuant to government code.
[2:48]
Section 3, 7, 3, 5, 0
[2:51]
1, 1, 1, 1, 0.
[2:54]
Staff recommends the council to approve the resolution and authorize a city manager to sell canine doggo to the city of Schaffter for $10,000.
[3:08]
Subject to a purchase ill agreement prepared by the city attorney's office.
[3:15]
Staff, do you have a report?
[3:19]
I do.
[3:21]
Thank you.
[3:22]
Government Code Section 3, 7, 3, 5, 0.
[3:25]
In Arvin Municipal Code Section 3.08.110, allow for and govern this position of surplus equipment and material subject to city council approval.
[3:36]
The Arvin Police Department has a four-year-old police canine purchased approximately three years ago for $12,000.
[3:43]
The canines assigned handler has left the department and is now employed by the Schaffter police department.
[3:49]
Schaffter PD has formally offered $10,000 to purchase a canine, so may continue working with its existing handler.
[3:57]
Police canines performed best with a consistent handler.
[4:01]
This sells support continuity of training, care, and animal welfare by keeping the canine with the handler.
[4:07]
It is already bonded to.
[4:09]
Retaining the canine would require assigning a new handler and sending that officer to a six-to-eight week canine handler school
[4:17]
at a cost of up to $6,000 plus additional time for bonding before deployment.
[4:24]
Based on the canines age and service history, it is estimated to have approximately four working years remaining.
[4:31]
The proposed $10,000 represents a reasonable recovery of the city's investment while eliminating ongoing costs related to training, medical care, equipment, and liability.
[4:43]
Staff recommends a city council approve the attached resolution to clearing city owned property canine doggo as surplus property,
[4:52]
and authorised a city manager to sell canine doggo to the city of Schaffer for $10,000,
[4:57]
to a purchase settlement agreement prepared by the city attorney's office.
[5:02]
Thank you so much for your staff report.
[5:05]
Are there any comments from the public?
[5:08]
Good evening, hon. Mermaer and City Council.
[5:16]
I am a consent of a general president, our Arvin Police Officer Associate.
[5:20]
Good evening, hon. Mermaer and City Council.
[5:22]
I am a consent of a general president of Arvin Police Officer Association.
[5:28]
I sat in here before you in support of this resolution.
[5:33]
As you are aware, this canine program was approved back in January of 2023.
[5:38]
If you haven't heard, the canine program has experienced a plight of issues internally.
[5:43]
I work for a personnel, training and liability issues.
[5:49]
This dog and specific was originally issued to one officer when the canine program was established.
[5:57]
This officer already had issues internally with the canine supervisor.
[6:02]
As a result, these issues continued when he became a canine handler with this supervisor
[6:07]
of being directly assigned to him for the canine program.
[6:11]
He resigned within a couple of months.
[6:14]
At that time, the acting chief promised the APOA that another officer would get this canine.
[6:22]
That did not happen.
[6:23]
Even though he promised directly one officer, he assigned it to another supervisor.
[6:28]
Any time there is a use of force, you always want the officers involved in use of force that you want.
[6:32]
You need that supervisor to be supervising and making sure officers are following policy and the law.
[6:39]
How can you do that when you have two supervisors at that time being the canine handlers?
[6:45]
Recently, a city manager is not here.
[6:48]
During negotiations, we found out that the police department doesn't have a canine policy.
[6:53]
The canine policy is not in place because there was never a meeting conferred between the department and our police officer's association as required by law.
[7:00]
Technically, as of right now, we are operating a canine program with no canine policy.
[7:05]
Huge liability issues, especially right now at what the city facing financial issues.
[7:10]
It is my estimation that this program has cost the city over $250,000 to operate.
[7:18]
If I could have a couple more seconds.
[7:20]
Take your time.
[7:22]
Not only that, but the training, regarding that.
[7:26]
My as a result, the canine was a big issue a couple of years ago.
[7:29]
They were trying to spend it throughout the state.
[7:32]
As a result, the created law and post our governing licensing board for a piece officer's
[7:37]
created a standard back in April 2025.
[7:40]
It's my understanding that these standards, I still not been put in place internally.
[7:44]
Again, creating financial or liability issues.
[7:50]
Back on the staff report, if you see back in January 2023.
[7:53]
In the staff report, they put that they would aggressively go after a grant for this canine program.
[7:59]
I don't know why that was approved if we know grants.
[8:02]
Before we spend any money, you have to get the grant first because grants are very specific.
[8:07]
Very strict on how to spend that money.
[8:10]
From my understanding, talking to say a manager a couple of months ago, we still haven't obtained this grant.
[8:16]
I am urging, not only to approve this resolution, but to temporarily suspend or terminate the canine program until we find a safe and reliable way to carry out this program.
[8:27]
That's all I have.
[8:28]
Thank you.
[8:31]
Thank you for your comments.
[8:34]
Are there any questions from the council?
[8:38]
I do have a question.
[8:45]
You just brought up to our attention that we don't have a canine policy in place?
[8:51]
Correct.
[8:54]
So why wasn't that brought up when we first approved the canines?
[8:59]
Like, why didn't you bring it to our attention after the fact?
[9:02]
Good question.
[9:04]
So our department operates off of lexipo.
[9:06]
Lexipo creates these template type policies for the department, which is in place right now.
[9:12]
But it was never meant to confer what the APOA because the city never proposed it to us.
[9:16]
This was brought up to city manager and acting chief Gazerian at that time for a meeting confer, but it never occurred.
[9:26]
And okay, so never was followed through.
[9:29]
Correct.
[9:30]
The city never proposed it to the APOA to implement it.
[9:32]
So as of right now, there is no policy.
[9:35]
Okay, not just the policy itself for the use of it, but it was never proposed to us exactly what these canine handlers were receiving.
[9:43]
As far as, like, takeum cars, overtime, any specialty pay that was never officially proposed to the APOA.
[9:50]
So as a result, we are in talks right now during negotiations.
[9:55]
You know, what are the standards right now and what's the plan with this canine program?
[9:59]
Because again, it was never brought up to us formally.
[10:03]
And as I recall in that, I don't really remember it's a little vague.
[10:07]
But when the first, the canine was first brought up, no one had an issue with it.
[10:14]
I believe all the PD officers are off for it.
[10:18]
So by now, there's an issue.
[10:21]
Yeah, so I don't know where the information came because no survey was ever done by the POA or by the chief at that time or the police department.
[10:30]
So I'm not sure exactly where that came from.
[10:33]
Yeah.
[10:34]
But I will say that a lot of people were kind of excited at the time because, as you know, we had that silator for the pay raise.
[10:39]
And we really did believe that the grant was really going to come in for it.
[10:43]
And it was supposed to, like we said, it was supposed to be one officer and one sergeant.
[10:48]
Full time.
[10:49]
That I do recall.
[10:50]
Yes.
[10:51]
And I know the grant was going to come after the fact we were advised that once we approved it,
[10:56]
but they were going to apply for a grant to continue with the canine program.
[11:00]
Correct.
[11:01]
I do remember.
[11:02]
Yeah.
[11:03]
And I think that's where things kind of fell apart because things were going on.
[11:06]
And I could say within a couple months, we had one handler resigned.
[11:09]
And it never went back to another officer.
[11:12]
Okay.
[11:13]
Yeah.
[11:16]
So you're saying there is a policy in place.
[11:19]
It's just invalid because we didn't meet it in front with you guys.
[11:22]
It's just put in place, because that's lexipo.
[11:24]
And lexipo will automatically just put up just, they're like templates.
[11:28]
But it can't be enforced.
[11:30]
It's not used.
[11:31]
It's not trained on.
[11:32]
Because it's not legit.
[11:33]
It's just something lexipo automatically does for any type of subject for law enforcement policies.
[11:38]
Does that have an ingest in any, because we're going to go sheets?
[11:43]
Correct.
[11:44]
The next meeting is January 27th.
[11:46]
Okay.
[11:47]
So I'm hoping the city at that time has a proposal or a plan on what they want to do.
[11:52]
But it was officially sent to them via lexipo.
[11:55]
Because once I heard that, there was no policy.
[11:57]
I said, well, there's a template and that was sent to city manager in the city for review.
[12:03]
All right.
[12:04]
Thanks.
[12:05]
Are there any other questions?
[12:08]
So my question is, again, you know, I agree with council member Susan Riceman.
[12:14]
Why are you bringing up now?
[12:16]
Why am I bringing this up now?
[12:18]
Why are you bringing up now?
[12:19]
And the other part of this is, is during that period of time when they were on, you guys were on the council.
[12:26]
What?
[12:27]
Yes, correct.
[12:28]
And I'm sure that there was a staff recommendation.
[12:30]
Who did that staff recommendation come from?
[12:32]
Was it from the chief of police?
[12:34]
The city manager.
[12:36]
City manager made the staff recommendation.
[12:38]
Not the chief of police?
[12:40]
I believe it was at that time.
[12:43]
I think it was.
[12:44]
It was the city manager and the chief at that time, I believe.
[12:48]
So, so, you know, from my experience, the stuff that comes from the police department,
[12:55]
the staff recommendation usually comes from the chief.
[12:59]
And the city manager supports that recommendation from the chief.
[13:04]
Just like the, what's that grant we got right now?
[13:09]
No, no, no, no.
[13:11]
No, no, no.
[13:12]
Oh, no.
[13:13]
OK, look at the process there.
[13:15]
Where did it come from?
[13:17]
The police department.
[13:18]
Correct.
[13:19]
So, somewhere there's some wires crossed, definitely, because I know that the police chief should have been the one to make that recommendation.
[13:33]
Because he is the head of that department.
[13:36]
He knows the needs and the wants of the department.
[13:39]
So, but, in here in Newtalk, you're saying he wasn't aware of it and he didn't know anything about it.
[13:45]
And, you know, somewhere they dropped a ball and there's no policy in place.
[13:50]
I don't even know how that could even be.
[13:52]
Because the council.
[13:54]
I think what he's saying there is a policy in place, however, it was not, it's on that lexipol.
[14:01]
Yeah, it's just a template.
[14:02]
It's not a template.
[14:03]
It's a template.
[14:04]
It's not something we can use because, again, there's no meaning to infer.
[14:07]
And those templates are supposed to be then kind of revised based on the agency operation.
[14:13]
So, it's just a standard little template.
[14:15]
It's not technically officially a policy.
[14:17]
It's just in there as a template.
[14:19]
So, when did you guys let City Manager know about this?
[14:23]
December's last negotiation.
[14:26]
I mean, I don't have exact date.
[14:28]
So, it's just this December and we've had the dogs for how long.
[14:32]
I'm assuming January 2023, somewhere around that time we got him.
[14:36]
Okay.
[14:37]
Yeah.
[14:38]
But, it's news to us that there is never any, that the City Manager didn't know that there is no policy.
[14:43]
That should have been known for a while already.
[14:45]
And that should have been something I was proposed to the pay POS in the beginning.
[14:49]
If they wanted to go through with the lexipol one or revise it.
[14:54]
Well, wish you had a legal council here.
[14:57]
Well, what you're saying is that the...
[15:00]
The concerns that you've laid out to us are the Canine Unit was approved. It was a staff recommendation.
[15:09]
The staff recommendation was to approve the Canine Unit and that there were going to be grants that were going to cover the costs of the Canine Unit,
[15:18]
but that was not followed through. There were no grants that were applied and received to support the cost of the Canine Unit.
[15:27]
Correct.
[15:28]
There's no grant. I'm not sure if they're waiting for the grants that proposed something to the APOA or what they're waiting for, when they plan to propose this to the APOA or do a meeting confer.
[15:38]
I'm not sure exactly if they're waiting for that grant.
[15:40]
In addition to that, you're saying that there was no policy that was proposed to APOA for it to be finalized, approved,
[15:56]
and then have the officers trained on that that never happened and that that should have happened.
[16:02]
Correct.
[16:04]
And that the city manager was well aware of it.
[16:08]
And this is something that has been raised with the city manager and the previous chief of police.
[16:13]
Correct. Yes.
[16:15]
Okay.
[16:16]
And then the thing with the policy, that's something that's supposed to be proposed from the city to the APOA.
[16:21]
The APOA wouldn't create this or propose this to the city because it's a management right to create this gain.
[16:27]
That's a come from the city.
[16:29]
Right.
[16:30]
Can it?
[16:31]
So let me make a recommendation.
[16:33]
I make a recommendation that we table it.
[16:35]
Well, we can vote anything.
[16:37]
Well, okay.
[16:39]
Because, you know, he's standing there telling us that there is no policy in place that's been approved and we're operating.
[16:50]
Other than the guidelines.
[16:54]
So when we typically suspend.
[16:56]
Mayor, Mayor, sorry for me.
[16:57]
So the item that's on the agenda is different has nothing to do with the policy.
[17:01]
Yeah, this has to do with the grant.
[17:03]
Yeah.
[17:04]
That's something that can you can add to the agenda in the future.
[17:06]
Right.
[17:07]
This item is solely regarding toggle, toggle and surplus and selling it to chapter.
[17:12]
That's what we are considering for this item here.
[17:15]
And so if the council wants to consider the policy or any other changes to the program,
[17:19]
terminating the program, whatever it may be, that will need to be considered out of the future meeting.
[17:23]
That's right.
[17:24]
So we could go ahead and add that to a future agenda to discuss clearly.
[17:29]
We need to bring in our council and and addresses what the city manager.
[17:34]
So I would suggest then, you know, thank you for these concerns that you've raised and put on the record for us.
[17:41]
If we could move with the item that we have before us and the recommendation from staff.
[17:48]
Is that we.
[17:52]
Except chapters offer.
[17:55]
Because this dog is connected to a specific handler.
[17:58]
There's no longer with our city.
[18:00]
So can I have a motion to move forward with this recommendation?
[18:04]
Why don't I think mayor?
[18:05]
Sorry.
[18:06]
I would recommend that in the future if you come up if you find any discrepancies.
[18:17]
And if you have already let the city manager know and six months go by year,
[18:22]
a year, shouldn't go that long and there's no.
[18:26]
No, I guess remedy.
[18:28]
Then I think you should let the council know.
[18:31]
So we're aware of it.
[18:32]
So we can know that in the future we'll know how to remedy a certain issue.
[18:37]
So we could be a lease compliant.
[18:39]
There may be a separate process for that.
[18:42]
We can process through the unions and not specifically the employee to the council.
[18:47]
That's right.
[18:48]
So that's something we can again discuss with the city manager and the city attorney.
[18:52]
Okay.
[18:53]
I make a motion.
[18:54]
And just like my friend, I was just.
[18:56]
I brought up the any in the cannot program as to the reason why I'm supporting this resolution.
[19:01]
Yeah.
[19:02]
Thank you so much.
[19:03]
Okay.
[19:04]
Great.
[19:05]
So do we have a second.
[19:06]
Great.
[19:07]
We have a motion and a second motion by.
[19:10]
Okay.
[19:11]
I'm in support of of selling the dog.
[19:13]
But I'm also in support of the K9 unit.
[19:17]
And I believe that the funds that are coming from this dog should stay with that K9 period.
[19:23]
The 10,000 that's coming.
[19:25]
It should go into the fund for the K9.
[19:27]
It goes into any way.
[19:28]
For the current dog.
[19:30]
Okay.
[19:31]
It should be ear not for that purpose.
[19:35]
Now that's my motion.
[19:36]
Do I get a second on that?
[19:38]
Yeah.
[19:40]
All right.
[19:43]
Can we call the roll?
[19:45]
Okay.
[19:46]
So there is a motion from councilmember from Mayor Potem Reyes and councilmember Horton.
[19:52]
Are we is that one dead?
[19:53]
Let's go.
[19:54]
Yes.
[19:55]
We're going to approve to sell the K9.
[19:57]
The direction to the city manager is to direct the funds to support additional training for the existing K9.
[20:04]
Okay.
[20:05]
That's requested by Mr. Tarver.
[20:07]
Yes.
[20:08]
The council.
[20:09]
Seconded by Mr. Horton.
[20:10]
Okay.
[20:11]
Okay.
[20:12]
Councilmember Tarver.
[20:13]
Yes.
[20:14]
Councilmember Perez.
[20:15]
Yes.
[20:16]
Councilmember Horton.
[20:17]
Mayor Potem Reyes.
[20:18]
Yes.
[20:19]
Mayor Calderon.
[20:20]
Yes.
[20:21]
Motion carries by zero.
[20:23]
We are going to move into close session.
[20:27]
And following close session.
[20:30]
We will be back again for the last action item on the agenda today.
[20:38]
Two items.
[20:39]
Yes.
[20:40]
And we will be directing the city manager based on this conversation to include some additional background.
[20:54]
If everyone would like on the K9 policy, we could add it to the following agenda so that we could get clear on that as a discussion item.
[21:01]
Would you like that information?
[21:03]
Yes.
[21:04]
Great.
[21:05]
Okay.
[21:06]
Okay.
[21:07]
Yeah.
[21:08]
For the agenda for the 27th.
[21:09]
Yeah.
[21:10]
Just so that we could have clear.
[21:12]
Thank you.
[21:13]
Okay.
[21:14]
All right.
[21:15]
Call the close session item.
[21:17]
Public Employee Performance Evaluation.
[21:19]
Government code 54957B City Manager.
[21:25]
We were going to close session.
[21:27]
Are there any comments from the public on this item?
[21:30]
Seeing none.
[21:32]
The meeting will stay on and we will be back following this discussion.
[21:38]
Thank you.