Arvin City Council
October 10, 2023

CITY OF ARVIN
City Council
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jeff Jones, Executive Director
SUBJECT: Public Hearing – SDP 2022-322BMB-Starbucks – Amending SDP 2022-322 BMB-Starbucks dated December 14, 2022 – deletion of Sections ES&BI-8, PL&A-2 of the Conditions of Approval.

BACKGROUND:

The Planning Commission previously approved, with conditions, SDP 2022-322 BMBStarbucks via resolutions APC2022-08 dated December 14, 2022. The proposed site modifications included elimination of the 2-Story office-retail building and develop a 1-Story Coffee Shop- Starbucks. The conditions of approval included the improvement of the alleyway directly to the north of the proposed building. The City Engineer was to coordinate the improvements that may be required due to the limited ingress and egress off Bear Mountain Boulevard. On August 30th, the applicant formally requested that the Planning Commission review the Conditions of Approval and delete sections ES&BI-8 and PL&A-2.

The Planning Commission considered the request at their meeting of September 19, 2023 and voted to have this matter referred to the City Council.

Applicant: Jhaj & Brar Investment Inc.
21959 Hwy 46
Lost Hills, CA 93249
Property Owner: Jhaj & Brar Investment Inc.
21959 Hwy 46
Lost Hills, CA 93249
Project Address: 320 Bear Mountain Blvd, Arvin CA 93203 Project Location: The project site is located on the north side of Bear Mountain Boulevard with A Street to the west and B Street to the East with an alley to the north of and adjacent to the project site which provides east and west access to A Street and B Street.

Assessor Parcel No. and Size: APN 190-130-27, with shared on-site circulation with APN’s No’s 190- 130-14 and -15. APN 190-130-27 is 8,350 Square Feet.

Zoning: C-2 General Commercial
General Plan Land Use
Designation:

General Commercial

5.B.1
Attachment: Staff Report Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to Exisiting SDP) Staff Report – CC Meeting Oct 10, 2023 SDP 2022-322BMB – Starbucks

STAFF REVIEW AND FINDINGS:

City Staff initially requested the improvement of the alleyway due to the limited ingress and egress from Bear Mountain Boulevard. Site Development Permit 2022-322 Starbucks requested the removal of the easterly drive approach on Bear Mountain Boulevard. The removal of this drive approach results in only one entrance/exit from Bear Mountain Boulevard. Staff conducted an onsite inspection of the alleyway (See Exhibit C). The city engineer concluded the alley way is substandard to city standards and needed to be improved. On February 21, 2023 the City Engineer approved a grading plan for the proposed project. The grading plan included the improvement to the alley. City Staff has deemed the need to improve the alleyway as a health and safety concern.

Kern County Fire Department and other emergency vehicles will be using the alleyway as a form of ingress and egress due to the limited turn radius on the project site.

RECOMMENDATION:

Staff recommends the City Council open the hearing; allow for public testimony; close the hearing; and provide direction to staff.

PUBLIC HEARING NOTICE AND NOTICE TO THE SURROUNDING
PROPERTIES:

Public hearing notice was published on September 24, 2023, in accordance with Government Code Sections 36933, 65854, and 65090. In addition, properties within 300 feet of the project site were mailed a notice of the public hearing date of the Planning Commission on September 21, 2023 – Exhibit D.

5.B.1
Attachment: Staff Report Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to Exisiting SDP) Staff Report – CC Meeting Oct 10, 2023 SDP 2022-322BMB – Starbucks

EXHIBITS:

Exhibit A: Conditions of Approval – SDP 2022-322BMB-Starbucks Exhibits B: Approved Site Plan by the Kern County Fire Department Exhibit C: Pictures of the Alleyway
Exhibit D: Public Hearing Notice

5.B.1
Attachment: Staff Report Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to Exisiting SDP)

EXHIBIT A

CONDITIONS OF APPROVAL
SDP 2022-322BMB- Starbucks
Resolution of the City of Arvin Planning Commission ·approving, subject to conditions Exhibit A – Conditions of Approval, Exhibits B-1 through B-8; SDP 2022-322BMB-Starbucks – Amending SDR2017-330BMB-Taco Bell and Retail Building approval by APC2017-11 dated June 22, 2017, and APC2017-18 dated December 12, 2017 – deletion of the 7,600 square feet two story retail building and development of a 1,587 square foot singe story coffee shop, modification of the on-site circulation and parking, and removal of the easterly driveway and Adoption of Addendum to the Previously Adopted Mitigated Negative Declaration and Adoption of Previously Approved Mitigation Monitoring Program Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164.

NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations, or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project.

This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

PROJECT INFORMATION
Applicant: Property Owner:

Jeremy Manning
1330 – 22nd Street - Suite 100
Bakersfield, CA 93301
Jhaj & Brar Investment Inc.
21959 Hwy 46
Lost Hills, CA 93249
Project Address: To be assigned
Project Location: The project site is located on the north side of Bear Mountain Boulevard with A Street to the west and B Street to the East with an alley to the north of and adjacent to the project site which provides east and west access to A Street and B Street.

Assessor Parcel
No. and Size:

APN 190-130-27, with shared on-site circulation with APN’s No’s 190-130-14 and -15.

APN 190-130-27 is 8,255 Square Feet -.19 Acre.

Zoning: C-2 General Commercial
General Plan Land
Use Designation
General Commercial
CONDITIONS AND REQUIREMENTS:

The Planning Commission approved the following conditions on December 14, 2022.

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

PROJECT DESCRIPTION:

The proposed site modifications include elimination of the 2-story office-retail building and develop a 1-story Coffee Shop – Starbucks, elimination of the easterly driveway of Bear Mountain Boulevard (Hwy 223) , modifications to the existing off-street parking areas, and modification of on-site landscaping. The 2022 application proposes to amend the 2017 Site Development Permit as shown on Exhibit B-1 Site Plan, Parking, Landscape Layout AND Attachment 1 APC2017-11 Site Plan as follows:

1. Deletion of the 2 story Office and Retail Building of 7,600 square feet with a proposed with a 1,587 square foot singe story coffee shop with drive thru. .

2. Elimination of the easterly driveway proposed to be removed and new landscaping to match landscaping to the west. (Note: Staff will recommend as a condition of approval the required the removal of the drive approach off Bear Mountain Boulevard (Hwy 223) and replace with curb, gutter, and sidewalk to Caltrans Standards; Obtain encroachment permit from Caltrans for work within state right of way.) .

3. Elimination of four (4) off-street diagonal parking spaces at the north property line adjacent to alley – these spaces utilized the alley for egress to B Street. .

4. Reconfiguration of the easterly parking area by:
a. Elimination of four (4) off-street parking spaces.
b. Establishing two (2) Clean Air/Vanpool/EV Designated Parking Spaces. c. Establishing two (2) ADA Parking Space.
d. Establishing one (1) Employee Only Parking Space.
e. Establishing two outdoor patio areas – 36’-0” X 15’-0” = 540 Square Feet to the west of the proposed building and 44’-0” X 27’-0” = 1,188 Square Feet. (Note: Staff will recommend as a condition of approval the description of and use of the patio areas in order to determine seating capacity for the calculation of required off-street parking). f. Establishment of short-term bicycle parking rack for two bicycles.

5. Proposed drive through circulation system, as shown on Exhibit B-1 Site Plan, which will have access off Bear Mountain Boulevard by means of the westerly driveway.

Vehicles will que along the southerly boundary of the site and will enter a two-drive access for the placement orders. Once the order is placed vehicles will que into one lane on the easterly side of the building to receive orders. The easterly drive is proposed to be 12’-0” wide with a raised curb separating the easterly property line from the adjacent property – Shell Service Station and Minimart parking.

6. No Sign package is proposed – however the site plan identifies potential location of Monument Sign on the southerly portion of the site just westerly of the existing easterly driveway. A separate Sigh Application will be required for the business.

7. Preliminary Landscaping layout is shown. The submittal landscape and irrigation plan shall be required in compliance with Section 17.70 Development Standards and subject to the review and approval by Staff.

8. Building Elevations have been proposed as shown in Exhibit B – Proposed Elevations.

9. Off-Street Parking Analysis for the proposed amendment has been completed, Exhibit B2 - Off-Street Parking Analysis. The off-street parking analysis identifies that the project site has a deficient number of off-street parking spaces and DOES NOT MEET THE

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

REQUIREMENTS OF SECTION 17.48.010. Analysis on April 24, 2017, of the proposed project, Attachment 4. The initial review based upon the application submittal concluded that a deficient number, 35, of parking spaces was existing. In 2017, Staff met with the applicants to discuss this issue as well as other design concepts that were not addressed.

Several options were offered and one such option is In-Lieu Payments as provided under Section 17.48.050. This section provides for the payment of fees for off-street parking. (Staff has recommend a condition that requires compliance with the off-street parking requirements. (As of this review, the required parking requirements cannot be accurately calculated due to insufficient information from the applicant.) Exhibit B-2 Parking Analysis identifies a deficiency of 40 parking spaces. The options listed in the proposed Conditions of Approval, Staff will work closely with the applicants in implementing one of the options to comply with the City’s Parking Ordinance.

Options Include:

17.48.070 - Separate lot from main building.

When the required off-street parking space is provided on a separate lot from the main building, there shall be recorded in the office of the county recorder, a covenant by the owner or owners of such lot for the benefit of the city to the effect that such owner or owners will continue to maintain such parking space so long as such building is maintained.

17.48.050 - In lieu payments.

In the C-2 district within the development plan area of the downtown revitalization element of the general plan in lieu of providing parking facilities required by the provisions of this chapter, the requirements may be satisfied by payment to the city, prior to the approval of the site permit, of an amount per parking space, prescribed by the city council, for each parking space required by this chapter, but not provided. The payment shall be deposited with the city in a special fund and shall be used exclusively for the purpose of acquiring and developing off-street parking facilities located, insofar as practical, in the vicinity of the use for which the payment was made.

10. Design Compliance: The Development and Disposition Agreement between the City of Arvin Acting as Successor Agency to the Arvin Community Redevelopment Agency and JHAH & Brar Investment Inc. imposed the requirement that the development comply with the City of Arvin’s proposed Commercial Development Design Guidelines - Exhibit B-5.

The previous Taco Bell site design approval incorporated many of the concepts noted below.

Staff completed its review with the applicant’s submittal for the Coffee Shop - Starbucks, Exhibit B-4 Design Compliance, and identified a number of design conflicts and recommended several modifications that would more closely meet the Commercial Design Guidelines. The recommended modifications include; i) extending trellis/arbor design fronting Bear Mountain Boulevard easterly; ii) require the unimproved alleyway to be improved allowing ingress and egress from the project site to either A Street or B Street and continue to allow the alley as an integral design for the traffic circulation; iii) construction of a wrought iron fence with low level landscaping along the easterly property

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

line separating the Coffee Shop – Starbucks operation from the easterly property; iv) parking lot landscaping to retrofit by planting shade trees at every fourth parking stall.

11. Compliance with LLA-1 has not been satisfied. The applicant has submitted a Reciprocal Easement Agreement, filed on October 14, 2022, and received by Staff on November 22 ,2022, Exhibit B-3 Reciprocal Easement Agreement. Staff’s preliminary review noted that the westerly driveway, which is the main entrance and exit off Bear Mountain Boulevard (Hwy 223) was not included in the reciprocal easement. The City Attorney has not reviewed the adequacy of the Reciprocal Easement Agreement to ensure that the four parcels are held as one. Upon final review of the Reciprocal Easement Agreement by the City Attorney, the agreement may be in need of modification.

PLANS BY LICENSED PROFESSIONAL:

PLP-1. All Civil Plans must be signed and stamped by a licensed Civil Engineer, Land Surveyor, or Landscape Architect. Required plans and studies are expected to include, but not limited to the following, if applicable:
a. Survey/site control
b. Demolition and Dust Control
c. Site improvements
d. Grading and drainage
e. Landscaping and irrigation
f. Utility plan
g. Electrical and lighting
h. Traffic study (limited to trip generation analysis)
i. Geotechnical investigation
PLP-2. All Civil Plans and improvements must be in substantial compliance with all applicable codes including, but not limited to Arvin Municipal Code (AMC) 13.08,

15.32, 17.30, 17.60, and 17.70.

PLP-3. Final Site Plans: Final Site Plans, Grading plans, etc. shall be submitted to and approved by the City Engineering and Planning Divisions of the Community Development Department, prior to any on-site improvements.

UTILITIES AND SERVICE PROVIDER(S):

U-1 Pacific Gas and Electric: PG&E is the provider of electric and gas services to the project site. The project is not located within an Underground District. However, any new or

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

retrofitted electrical service from the existing overhead lines to the structure shall be underground.

U-2 Sewer Services - Arvin Wastewater Collection and Treatment Facility – Operations and Maintenance by Veolia West Operation Services, Inc. – Septic System for Wastewater – Kern County Health Services: Municipal sewer service is available to the developer.

The developer must provide a plan for connecting to the municipal system and must pay applicable connection fees. City and Caltrans encroachment permits will also be necessary.

U-3. Water Service: Arvin Community Services District provides public water services within the City of Arvin. The applicant will be required to coordinate and obtain water service through that agency. The City Building Official will ensure that public water service commitment is received from that agency prior to the issuance of a Certificate of Occupancy.

U-4. Water Meter Connection: The developer will be subject to connection and meter charges from the Arvin Community Services District.

EXTERIOR SITE AND BUILDING IMPROVEMENTS:

ES&BI-1 Exterior lighting: All exterior lighting shall be arranged or shielded in such a manner as to contain the direct illumination on the site and avoid glare in nearby residential areas. Exterior lighting shall be powered by passive energy, for example, solar powered. All buildings must have a lighted address panel placed at approved locations for ease of identification. The applicant shall include a lighted address panel placed at approved locations for ease of identification by the public and safety offices.

ES&BI-2 Exterior Mechanical Equipment: All mechanical, heating, and air conditioning equipment in residential, office, public or institutional uses shall be screened when visible from a public street or from adjoining properties. Installation of climate control equipment’s, such as air conditioners, on residential properties shall be located on the ground.

ES&BI-3 Trash Receptacles: All trash receptacles shall be screened with an overhead trellis and located in such a manner not visually obtrusive from any off-site location. The method of screening for all trash receptacles shall be approved by the City Planner. The applicant shall provide a confirmation from the solid waste provider that service will be provided.

ES&BI-4. Access (ingress and egress) to the project site is off Bear Mountain Boulevard (Hwy 223). The proposed elimination of the easterly driveway, on the project site, is to be in compliance with an approved Landscape and Irrigation design as approved by the City Planner.

ES&BI-5 The easterly drive encroachment along Bear Mountain Boulevard (Hwy 223) shall be removed and replaced with new curb, gutter, and sidewalk. Encroachment permit shall be required from Caltrans (Exhibit 8-KER-223-20.94 (SDP 2022-322 Starbucks Arvin) and shall be completed prior to the issuance of the Certificate of Occupancy by the Building Official ES&BI-6. The applicant has submitted a Reciprocal Easement Agreement, filed on October 14,

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

2022, and received by Staff on November 22 ,2022, Exhibit B-3 Reciprocal Easement Agreement. Staff’s preliminary review noted that the westerly driveway, which is the main entrance and exit off Bear Mountain Boulevard (Hwy 223) was not included in the reciprocal easement. The City Attorney has not reviewed the adequacy of the Reciprocal Easement Agreement to ensure that the four parcels are held as one. Upon final review of the Reciprocal Easement Agreement by the City Attorney, the agreement may be in need of modification. The Reciprocal Easement Agreement shall be recorded prior to the issuance of the Certificate of Occupancy by the Building Official.

ES&BI-7. Upon completion of the revised site plan, the plan shall be submitted to the City Planner for review and approval. The City Planner shall coordinate the review with City Engineer and Building Official.

ES&BI-8. The alley connecting the site along the north property line and providing access to A Street to the west and B Street to the east shall be improved to City Standards as may be required by the City Engineer. The limited ingress and egress off Bear Mountain Boulevard may necessitate the use of the alley for traffic flow. The City Engineer shall coordinate the improvements that may be required. The Building Official shall not issue a building permit for this application until a determination as to the need of any improvements for the alley is finalized.

ES&BI-9. Stormwater discharge and facility improvements from the site shall be coordinated with the City Engineer. Prior to the Building Permit issuance, the stormwater discharge shall be completed.

ES&BI-9. Elevations of Building: Painting the exterior of the existing structure, the applicant shall submit a color palette which identifies the proposed color(s). The City Planner shall have the authority to approve the proposed color(s).

FLOOD PLAIN MANAGEMENT, DRAINAGE and BEST MANAGEMENT
PRACTICES:

FPM-D&BMP-1 Floodplain Management – Chapter 15.32. The project is located within FEMA FLOOD HAZARD which has a 1 percent annual chance flood shallow flooding. The project shall be required to meet the requirements of Section 15.32.170(C ) and (D). Prior to the issuance of the Certificate of Occupancy by the Building Official a Flood Certification shall be provided.

Property is located within an AO flood zone (BFE=1'; V=2fps). This information shall be included on the revised site plan. City has recently coordinated with the Department of Water Resources, and it is now understood that the proper elevation to which structures must be elevated, or flood proofed is variable based on the proposed use of the building as prescribed based on the 2016 California Building Code section 1612.4. A revised site plan showing an appropriate raised elevation must be approved by an engineer and shall include a statement on the plan indicating that the design complies with local ordinance 15.32 as well as

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

applicable CBC and FEMA requirements with regard to the floodplain. If the developer chooses to floodproof the structure, the same should be included on the building plans.

Regardless of the methodology employed by the developer, the applicant shall provide an elevation certificate completed by a licensed land surveyor to show that the building pad elevation is at or above the BFE.

FPM-D&BMP--2- Water Drainage - Prior to the issuance of any grading or building permits, a plan for the disposal of drainage waters originating on site and from adjacent road rights of way shall be approved by the City Engineer. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. Grading and Drainage plans shall be submitted to the City Engineer for review and approval. Site drainage on to or into the public right-of-way is not permitted. On-site retention is required when the City’s storm drainage system is not available.

FPM-D&BMP-3 Dust Control plans must be provided, as required by the San Joaquin Air District. Best Management Practices are to be implemented during site construction. The applicant shall submit final BMP program for review and approval to the City Engineer prior to site disturbance.

FPM-D&BMP-4 Developer shall comply with applicable construction storm water requirements as required by the California Water Board. A Stormwater Pollution Prevention Plan (SWPPP) may be required. Developer should retain the services of a Qualified SWPPP Developer (QSD) to make such determinations. Developer must provide a Board-approved plan and a Water Discharger Identification (WDID) number (or approved erosivity waver) to the City prior to commencing construction.

FPM-D&BMP- 5. Developer must apply for and obtain a grading permit from the City prior to any on-site or off- site grading.

FPM-D&BMP- 6. Developer shall comply with Arvin Municipal Code Chapter 15.32 regarding floodplain requirements and shall provide the floodplain administrator for the City all required plans, forms, and information. This may have implications on the building plans, and may require the elevation of existing structures or modifying the existing structure such that it is flood resistant (i.e. “flood proof” or “water tight”). The applicability of this will depend on the amount of work being proposed to existing structures. It is believed that thresholds which trigger such requirements will be passed, and the developer should be prepared to comply with the more stringent FEMA guidelines.

OFF-STREET PARKING, LOADING, AND ACCESS
PL&A-1. Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system is shown on Exhibit B-1- The number of proposed offstreet parking spaces is twenty-sever (279) which includes four (4) handicap parking space. The off-street parking requirements are established in Section 17.48. Exhibit B-2 Arvin Parking Ordinance- Parking Required for Restaurant concluded that the off-site paring ratio does not meet Section 17.48.010. Prior to the issuance of a building permit, the applicant shall provide alternative

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

off-site parking in compliance with city requirements. The City Planner is authorized to coordinate with the applicant and city staff in gaining compliance with the required off-site parking requirements. The Building Official shall not issue a building permit for this application until the off-street parking is resolved.

PL&A-2. The alley connecting the site along the north property line and providing access to A Street to the west and B Street to the east shall be improved to City Standards as may be required by the City Engineer. The limited ingress and egress off Bear Mountain Boulevard may necessitate the use of the alley for traffic flow. The City Engineer shall coordinate the improvements that may be required. The Building Official shall not issue a building permit for this application until a determination as to the need of any improvements for the alley is finalized.

PL&A-3. All access drives, parking areas, and vehicle maneuvering areas shall be surfaced with a minimum of two inches (2") of asphalt, concrete, or paving material of higher quality.

SIGNAGE:

S-1. Signs and their location, size and height is required. Prior to the installation of any onpremises sign, the applicant shall apply for and receive a Sign Permit approval from the Planning Division.

RIGHT OF WAY IMPROVEMENTS – REQUIREMENTS:

ROWI-R-1. No Right of way improvements are required along Bear Mountain Boulevard - Exhibit 8-KER-223-20.94 (SDP 2022-322 Starbucks Arvin
GENERAL CONDITONS AND REQUIREMENTS:

GC&R-1 Conditions of Approval and Building improvements for the interior as well as exterior may require improvements including but not limited to bringing the project site into compliance with the requirements of the Arvin Municipal Code, Kern County Fire Department, Kern County Health Department, Arvin Community Services District, and other agencies providing service and/or requiring oversite and/or clearance. Said conditions of approval and improvements, as well as verification from serving agencies, shall be completed prior to the Certificate of Occupancy or in the alternative, provide financial security to insure the completion of, installation of, formation of, and maintenance of required improvements.

GC&R-2 The Applicant and project activity shall continuously comply with all the requirements of Chapter 17.70 Site Development Standards of the Arvin Municipal Code and as may be amended by the City Council from time to time.

GC&R-3 The Applicant shall pay all applicable fees, costs, and obligations, in a timely manner, as established by the City of Arvin, the Arvin Municipal Code and/or any City of Arvin rules, regulations or resolutions.

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

GC&R-4 The Applicant shall allow the City of Arvin, its employees and/or contractors to conduct all required inspection(s) during normal business hours prior to the final approval of the project and/or any required City of Arvin issued permits, or as otherwise required by the Arvin Municipal Code.

GC&R-5 The project shall be implemented and used in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes and engineering requirements.

GC&R-6 This site development permit does not guarantee nor require the City of Arvin to take any particular action and/or approve any future action sought by the Applicant, project and/or property.

GC&R-7 Conditions shall run with the land. All owners, present and future, of the property shall be subject to these conditions of approval. Failure to comply with any condition of approval is grounds for immediate suspension or revocation of this site development permit.

GC&R-9. Community Development Director or designee is authorized to consider minor modifications to conditions of approval and timing of implementation of conditions where it is found that such modifications and adjustment in timing of implementation of conditions do not nullify the intent of the conditions established by the City Planning Commission.

LANDSCAPE AND IRRIGATION TO BE INCOMPLIANCE WITH 23 CA ADC § 490 CALIFORNIA CODE OF REGULATIONS TITLE 23. WATERS, DIVISION 2.

DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE AND TITLE 15 BUILDING
L&I – 1. The Applicant shall pay all fees and join a governing Landscape Lighting Maintenance District (LLMD) or community facility district (CFD) as follows:
a. At the written request of Applicant, the City will reasonably cooperate with Applicant, at no cost or expense to the City, in the establishment of a LLMD or CFD encompassing the Project area to assist in the financing of certain off-site improvements and exactions related to the Project.
b. In the alternative, upon request by the City, Applicant i) agrees to join a Landscape and Lighting District or annex to the same; and ii) agrees to become part of a Community Facility District, under the Mello-Roos Community Facilities Act, or equivalent mechanism to address services such as fire, police, storm drainage maintenance, road infrastructure maintenance, or similar services, and agrees to annex or join the same.

Applicant shall be solely responsible for paying its proportionate cost for services associated with the same, including i) any costs of formation or annexation, including those incurred by the City; and ii) costs required by participants in said District(s). • L&I-2. Preliminary Irrigation and Landscape Plans are shown on Exhibit B-1. The applicant must submit a proper landscaping and irrigation plan(s) as required under AMC 17.70 for approval.

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

Such plans shall show tree species, shrub species, ground cover, irrigation piping, water calculations, controllers etc. Water Conservation and Water Efficient Landscape Regulations (Section 15.36.030 and Chapter 15.38 Water Efficient Landscape Regulations) must be implemented. The applicant shall retain a Licensed Landscape Architect to prepare irrigation and landscape plans in compliance with Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping and Chapter 15.38 Water Efficient landscape Regulations. Said plans shall be submitted to the City for review and approval. The Landscape Architect shall certify that the submitted plans and installation of irrigation systems and landscaping materials meet all the requirements of the City and State of California Chapter 2.7. Model Water Efficient Landscape Ordinance. Upon implementation of the irrigation system and landscaping, the applicant shall be responsible for the continued maintenance of the irrigation and landscaping.

A. Landscape Standards. The following standards apply to landscaping:
1 A minimum of ten percent (10%) of the developed area shall be landscaped. 2 Along any interior property line abutting residentially zoned lots, trees shall be planted at least every thirty feet (30') in individual planters. The planters shall be sufficiently large and protected so that a parked car does not extend into the minimum four foot by four-foot (4' × 4') tree planting area which shall be landscaped with ground cover, shrubs, and climbing plants. 3 Planters or landscaped areas: All off-street parking areas shall have perimeter landscaping, planters, and landscaped areas for every fifth or sixth parking space to reduce heat islands. Plant types should be selected to suit the climatic zone and of a variety that is least polluting to the environment. All plans shall be submitted to the department of planning and building for review and approval. 4 Within each planter or landscaped area, automatic irrigation system and live landscaping shall be provided and maintained. Water and energy savings features shall be incorporated in all irrigation design.
5 Required planter or landscaped areas may be combined with pedestrian walks and similar hard surface areas; provided, that such hard surface area does not cover more than ten percent (10%) of any required planter or landscaped area. Ornamental or landscaping rock and gravel areas, artificial turf, or other areas covered with other artificial materials shall be considered hard surface areas for the purposes of this provision.
6 Street trees are required for any project, use, or development adjacent to designated streets. 7 Landscaping materials and trees installed in planters or landscaped areas shall be selected from a list of approved plants maintained by the department of planning and building.

Certificate of Compliance - Preparation of Irrigation Plans, Landscape Plan, and Selection plants and trees (Landscape Documentation Plans)
By my seal, as a Licensed Landscape Architect, have prepared the attached irrigation plans, landscape plans, and have selected tree and plant species for this project and hereby certify that the submitted documents either meet or exceed the requirements established by Arvin Municipal Codes Chapter 15.38 Water Efficient Landscape Regulations: Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping, and the State of California Chapter 2.7. Model Water Efficient Landscape Ordinance (MWELO).

The plans were submitted to the City of Arvin, Community Development Department, Planning Division on _________________________________.

Signature Date

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

Name (print): Telephone No.:

Title: Email:

License No. or Certification No. Address:

Company: State: Zip Code:

CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE

DOCUMENTATION PACKAGE AND IRRIGATION AUDIT
I/we certify that based upon periodic site observations, the work has been completed in accordance with the requirements established by Arvin Municipal Codes Chapter 15.38 Water Efficient Landscape Regulations: Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping, and the State of California Chapter 2.7. Model Water Efficient Landscape Ordinance and that the landscape planting and irrigation conform with the criteria and specifications of the approved Landscape Documentation Plans.

An irrigation audit was completed on __________________, 2022 and said audit was provided to the City of Arvin Community Development Department, Planning Division under a separate report.

The Certification of Installation and Irrigation Audit was submitted to the City of Arvin, Community Development Department, Planning Division on ________________________, 2022.

Signature Date
Name (print): Telephone No.:

Title: Email:

License No. or Certification No. Address:

Company: State: Zip Code:

DEVELOPMENT IMPACT FEES – FULL COST RECOVERY FEES ESTIMATES:

The City of Arvin has established fees, referred to as Development Impact Fees, that will be imposed upon the proposed project and the fee will collected at Building Permit Issuance. The fees currently collected are Police, Sewer Connection, Traffic, and Parks. (Please note, that other fees may be established in the future by the City and if a new fee is established prior to the issuance of the building permit, the development may be subject any new fee adopted or adjustment to existing fees.) The amount of fee collected vary dependent upon the type of development. The City will not issue Building Permit(s) and/or issue a Certificate of Occupancy until the required fees are paid.

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

CITY OF ARVIN
Community Development Department – Planning Division
141 Plumtree Drive, P.O. Box 548, Arvin, CA 93203
Phone (661)854-6183 Fax (661)854-2969
DEVELOPOMENT IMPACT FEE ESTIMATE – CALCULATION FOR SDP2022-322BMB – COFFEE SHOP – STARBUCKS DEVELOPMENT – REQUIRED Consisting of 1.07 Acres – (PC OR CC RESO. NO. PENDING) Development Impact Fees: The new construction of Coffee Shop – Starbucks will require the payment of the most current City of Arvin Development Impact Fees at the time of building permit issuance. The proposed building, 1,587 square feet and APN 190-130-27 is 8,255 Square Feet or .19 Acre, Located in the C-2 Zone District - 2018 Fee Schedule provides for the following:

FEE CALCULATION FOR COFFEE SHOP – STARBUCKS
Type of Land
Use

IMPACT FEE
Police: APN
190-130-27
is 8,255
Square Feet -
.19 Acre.

Parks Sewer Traffic Schools
Contact Arvin
Union School
District (661)854-
6500
Water
Contact Arvin
Community Services
District (661) 854-
2127
restaurants(less
than 35 seats)
1,587 Sq. FT.
$350/acre $17,160/bldg. $7,874/1000 sq. ft. contact AUSD contact ACSD $66.50 $0 $17,160.00 $12,496.04 contact AUSD contact ACSD NOTE: Fess are adjustable and if an adjustment is made prior to the issuance of the building permit, the project shall be subject to the adjusted fee.

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks

The City of Arvin has established various application fees and as established by City Council, new development shall pay and ensure full cost recovery for the processing of development applications. The table below is the Fee Deposit and Flat Fee Estimates for the Vanguard Medical project. Some fees have previously been received and the fee estimate notes the credit of those fees previously received. The City will not issue Building Permit(s) and/or issue a Certificate of Occupancy until the required fees are paid.

TO BE COMPLETED BY STAFF - FEE DEPOSIT – FLATE FEES – MAINTENANCE FEE(S) - ESTIMATES: COFFEE SHOP – STARBICLS – FEE CALCULATED 7-19-2022 - JR: PAYMENT RECEIVED OCTOBER 11, 2022 - RECEIPT NO. R00000276

1. DEPOSITS:

Cost Recovery Review and Processing of a Application X $5,000.00 Deposit Environmental Fees and Deposits: – Initial Study – deposit and full cost recovery • Initial Study – deposit and full cost recovery  X $5,000.00 • EIR Preparation  $10,000.00

1. SUB TOTAL DEPOSITS: $10,000

2. FLAT FEES - ENVIRONMENTAL:
• Mitigated Negative Declaration or Negative Declaration and Recording of Notice of Determination
X $1,000.00
• California Department Fish and Game – MND or ND  X $2,480.25 • California Department Fish and Game – EIR  $3445.25
• Kern County Recording Fee:  X $50.00
• Categorical Exemption – Notice to Kern County Recorder  $300.00

2. SUB TOTAL ENVIRONMENTAL FEES: $1,000.00

3. FLAT AND MAINTENANCE FEES:
• Public Hearing Notice Newspaper and 300 Foot Notice for Planning Commission  $1500.00 • CMF-AP-2 - $25.00  $25.00
• FM-CD-1 - $20.00  $20.00
• FM-CC-4 - $20.00  $20.00
• CM FEE - $100.00  $100.00
• Technology Fee – TF - $100.00  $100.00
General Plan Maintenance Fee –
MF-GP-2: $0.022 per square foot of lot area X 30,000 Sq. .Ft. = $660.00 Calculate Fee: $660.00

3. SUB TOTAL FLAT AND MAINTENANCE FEE: $ 2,425.00
Total Flat Fee and Deposit Due(1+2+3+4) $13,425.00
Payment by Applicant $13,366.00

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks

CONDITIONS AND REQUIREMENTS BY CITY ENGINEER, KERN COUNTY FIRE DEPARTMENT, KERN COUNTY HEALTH SERVICES, AND OTHERS- EXHIBIT B:

The project application was distributed to city departments and agencies that provide overview, authority, and services within the City of Arvin. To date, the City Engineer, Kern County Fire Department, and Kern County Health Department provided comments. Other department and agencies that have not commented may require certain improvements to gain clearance prior to occupancy of the building. Comments received as of this report are attached as Exhibit B and are herein included as conditions of approval. The comments and requirements are to be met prior to the issuance of the Certificate of Occupancy by the Building Official or receive conditional clearance from that department or agency.

DISCLOSURES AND APPEALS - IMPORTANT PLEASE READ CAREFULLY:

Please note that this project may be subject to a variety of discretionary conditions of approval.

These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.

Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.

All discretionary conditions of approval will ultimately be deemed mandatory unless appealed to the City Council within 15 days after the decision by the Planning Commission or 10 days after the mailing required notices (if any), whichever date is later.

In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval, you may do so by filing a written appeal and payment of the established fees with the City Clerk. The appeal shall include a statement of your interest in or relationship to the subject property, the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.

Approval of this site development permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
a. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; and
b. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and,
Approval of this site development permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements, the

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

Zoning Ordinance, and all City Standards and Specifications. This site development permit is granted, and the conditions imposed, based upon the application submittal provided by the applicant. The application is material to the issuance of this site development permit.

Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the site development permit or any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the site development permit review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this site development permit or subsequent amendments or revisions.

If the Site Development Permit is not implemented within one (1) year from the date of issuance of this site development permit, or within any extended period thereof, this site development permit shall expire, and the site development permit approval shall be null and void.

The conditions are applicable to any person or entity making use of this permit, whether identified as "permittee," "applicant," "operator," "developer," or is unnamed.

5.B.2
Attachment: Exhibit A - CofA SDP 2022-322BMB- Starbucks_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to

5.B.3
Attachment: Exhibit B - Fire Approved Site Plan_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to Exisiting SDP) Exhibit C

5.B.4
Attachment: Exhibit C - Pothole Pictures_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to Exisiting SDP)

5.B.4
Attachment: Exhibit C - Pothole Pictures_CC Mtg 101023 (Public Hearing: Starbucks Request for Modification to COA to Exisiting SDP)

NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time you may be present and be heard to consider the following:
• Modification of Conditions of Approval to existing Site Development Permit 2022-322 BMBStarbucks.

Project Location: 320 Bear Mountain Blvd, Arvin, CA 93203, APN 190-130-27 • Description of the Project: The purpose of the public hearing for the City Council is to consider eliminating the requirement of improving the alleyway to the north as set forth by in the Conditions of Approval for Site Development Permit 2022-322 BMB-Starbucks. • Existing Site and Structures: The site is a proposed 1,587 sq ft coffee shop.

Applicant: Jhaj & Brar Investment Inc.

Project Address: 320 Bear Mountain Blvd. Arvin California, 93203 Project Location: Located on the north side of Bear Mountain Boulevard with A street to the west and B street to the East with an alley to the north of and adjacent to the project site which provides east and west access to A street and B street
Assessor Parcel No. and Size: APN 190-130-27 is 8,255 sq ft. - .19 Acres, with shared on-site circulation with APN’s 190-130-14 and -15.

Zoning: C-2, Commercial
General Plan Designation: Commercial
Additional information on the proposed project and proposed environmental finding may be obtained from the City of Arvin, City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s web site at www.arvin.org.

All persons interested in this topic who have questions, would like to provide feedback, or who have comments are invited to attend. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to, the public hearing. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, at 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].
/s/
Cecilia Vela, City Clerk
Published: September 24, 2023; Bakersfield Californian
Arvin City Council Public Hearing Information
Date: October 10, 2023
Time: 6:00 PM
Place: City of Arvin Council Chambers
200 Campus Drive, Arvin, CA 93203

5.B.5
Attachment: Exhibit D - PHN 320 BMB Arvin APN 190-130-27_Starbucks CC Mtg of 101023_Published Sept 24, 2023 (Public Hearing: Starbucks

CITY OF ARVIN
Staff Report
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Appointment of Board of Trustee to the Kern Mosquito & Vector Control District (KMVCD) and Setting the Term of the Appointment.

BACKGROUND:

The Kern Mosquito & Vector Control District (KMVCD) Board is made up of eight (8) Trustees; four appointed by the Kern County Board of Supervisors, one each by City Councils of Bakersfield, Arvin, Shafter, and Wasco. The District Manager of the Kern Mosquito & Vector Control District Board has informed City staff that a vacancy now exists and requested that the City consider appointing a qualified member to fill the City of Arvin’s Trustee seat for a term expiring on December 31, 2025 or December 31, 2027.

PRIMARY OBJECTIVE OF THE KMVCD BOARD:

The primary objective of the KMVCD is the progressive elimination of mosquito breeding places, the objective to be accomplished by an educational service on control measures, performing services of temporary relief control, establishing projects of source reduction, using abatement procedure methods when necessary, and by general policy of cooperation.

QUALIFICATIONS TO SERVE AS THE KMVCD BOARD TRUSTEE:

To be eligible to serve as the City of Arvin District Trustee of the KMVCD Board, the individual must be at least 18 years of age, and an elector and resident of the City of Arvin.

The filing of a Statement of Economic Interest disclosing certain personal financial holdings is required upon appointment and annually thereafter is required (Government Code sections 81000-91014). Two hours of training in general ethics principles and ethics law upon appointment, and every two years thereafter is required. (Government Code 53235(b), 53235.1).

The Arvin City Council may either appoint a qualified resident of Arvin; or appoint a member of the City Council to serve as the KMVCD Board of Trustee.

The Trustee must be available to attend meetings at the KMVCD office in Bakersfield every 2nd Wednesday of the month at 11:30am in Bakersfield. The term of the trustee may be set for either two or four years at the discretion of the City Council. Therefore, the term is scheduled to expire on December 31, 2025 or December 31, 2027.

6.A.1
Attachment: Staff Report Kern Mosquito Board of Trustee Appointment_101023 (Appointment of Board of Trustee to the Kern Mosquito & RECOMMENDATION:

Staff recommends that the City Council appoint a qualified Arvin resident or a member of the City Council to serve as the KMVCD Board Trustee and set the term of the appointment.

FINANCIAL IMPACT:

None

6.A.1
Attachment: Staff Report Kern Mosquito Board of Trustee Appointment_101023 (Appointment of Board of Trustee to the Kern Mosquito &

CITY OF ARVIN
Staff Report
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager/Finance Director
SUBJECT: Approval of Budget Amendment Number 2324-01
BACKGROUND:

The City Manager/Finance Director has completed an analysis of projected transit department revenue and expenses for Fiscal Year 2023-2024. Subsequent to the approval of the FY 23/24 budget, the Transportation Manager determined that an opportunity exists for the department to purchase extended warranties for the three electric busses in the fleet. The cost of the extended warranties, $244,212.99 is mostly funded through a COVID relief fund transportation grant in the amount of $201,016. The remainder of the expense $43,186.99 will be funded via TDA STAF funds. As this expense was not included in the FY 23/24 budget, the City Manager/Finance Director is requesting the following budget amendment:
40-00-000-400-00-0070 Pre-paid Vehicle Warranty Transit $244,212.99 40-10-130-400-23-4004 Grant Revenue – Federal COVID ($201,026.00) 40-10-230-400-23-4004 Grant Revenue TDA 5311 ($43,186.99) STAFF RECOMMENDATION:

Staff recommends that the Council adopt budget amendment number 2324-01.

FINANCIAL IMPACT:

No net impact on the general fund. The expense to the transportation department budget will be offset by grant revenue.

ATTACHMENTS:

Budget Adjustment #2324-01

6.B.1
Attachment: Staff Report Budget Amendment 2324-01 for Proterra Bus Warranty_101023 (Budget Amendment 2324-01 for Proterra Bus

Reso Budget Amendment No. 2324-01
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
APPROVING BUDGET AMENDMENT NUMBER 2324-01 IN THE
AMOUNT OF $224,212.99 AND OTHER RELATED ACTIONS.

WHEREAS, Section 540 of the City of Arvin’s Financial Management Manual requires City Council approval of all budget amendments which have a financial impact on the City’s funds; and
WHEREAS, the City Manager/Finance Director has completed an analysis of projected transit department revenue and expenses for Fiscal Year (FY) 2023-2024; and WHEREAS,when the Fiscal Year 2023-2024 budget was adopted by the City Council on June 27, 2023, $883,073 in expenses for Transit Department were budgeted to Transit Enterprise Account #40-10-XXX-400-23-5XXX; and
WHEREAS, the cost of the extended warranties, $244,212.99 is mostly funded through a COVID relief fund transportation grant in the amount of $201,016 and the remainder of the expense $43,186.99 will be funded via TDA STAF funds; and WHEREAS, this expense was not included in the FY 2023-2024 budget and the City Manager/Finance Director is requesting the following budget amendment:
40-00-000-400-00-0070 Pre-paid Vehicle Warranty Transit $244,212.99 40-10-130-400-23-4004 Grant Revenue – Federal COVID ($201,026.00) 40-10-230-400-23-4004 Grant Revenue TDA 5311 ($43,186.99) NOW THEREFORE BE IT RESOLVED, by the City Council of Arvin as follows:

Approve and authorize budget amendment 2324-01 in the amount of approximately $224,212.99 and authorize the finance department to provide a transfer of $201,026.00 in expenses from the Grant Revenue – Federal COVID fund and $43,186.99 from the Grant Revenue TDA 5311 fund to the Pre-paid Vehicle Warranty Transit Account.
.
/////
/////
/////
/////
/////

6.B.2
Attachment: Reso Budget Amendment Number 2324-01 for Busses Warranty__101023 (Budget Amendment 2324-01 for Proterra Bus Warranty)

Reso Budget Amendment No. 2324-01
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 10th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
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.

6.B.2
Attachment: Reso Budget Amendment Number 2324-01 for Busses Warranty__101023 (Budget Amendment 2324-01 for Proterra Bus Warranty)

CITY OF ARVIN NUMBER

BUDGET AMENDMENT REQUEST
per Arvin Financial Management Manual - Section 540

REQUESTING DEPARTMENT FUND NAME - NUMBER
Finance 400-Enterprise Fund
Account Number Account Name Amount to Amend
40-00-000-400-00-0070 Prepaid Maint Warranty $ 244,213
40-10-130-400-23-4004 Grant Revenue-Fed COVID 5311 $ (201,026) 40-10-230-400-23-4004 Grant Revenue TDA STAF $ (43,187) TOTAL ALL AMENDMENTS $ -

PURPOSE
Procurement of extended warranty for three electric busses. Expense is offset by grant revenue from Fedeal COVID and TDA STAF grants.

Approvals: If total of amendments equals ZERO, City Manager approval If total of amendments does NOT equal ZERO, Council Approval required Finance Department
City Manager
City Council - Resolution #_________________________________________ 2324-01

6.B.3
Attachment: Budget transfer worksheet 2324-01 (Budget Amendment 2324-01 for Proterra Bus Warranty)

CITY OF ARVIN
Staff Report
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Hesham Elshazly, Transit Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: A Resolution of the City Council of the City of Arvin Dispensing with the Public Bidding Requirement Based on the Single Vendor Exception and Authorizing the Purchase of An Extended Warranty for Three Proterra Electric Busses for the Period of Sept 2023 through Sept 2026 in the amount of $244,212.99.

BACKGROUND:

The City of Arvin’s Transit Department requests approval from the City of Arvin City Council to purchase an extended warranty for its Proterra Electric transit fleet – three busses. This is for a two-year beginning in September 2024 until September 2026. Each bus was purchased in 2019 for approximately $900,000 each. The warranty on each bus will be less than ten percent of the original purchase price of the busses.

This warranty will help avoid unforeseen mechanical costs over the next two years and is only available to Arvin from the bus manufacturer. Chapter 3.08.070 of the Arvin Municipal Code provides that the public bidding requirement may be dispensed with when the commodity can be obtained from only one (1) vendor.

STAFF RECOMMENDATION:

Staff recommends approval of the Resolution to dispense with the public bidding requirement based on the single vendor exception and authorize the purchase of the extended warranty to avoid unforeseen mechanical costs.

FINANCIAL IMPACT:

The warranty cost through September 2026 is $244,212.99, however payment is required now in order to protect the price. $201,016 of the purchase is funded via an approved Federal Transit Covid Related grant number 64RO21-01607. This grant can only be used for transit operations.

The remainder of the purchase is funded via TDA transit only grant funds. As this is a nonbudgeted item a budget adjustment will be required.

ATTACHMENTS:

Proterra Extended Warranty Estimate

6.C.1
Attachment: Staff Report Proterra Bus Warranty_101023 (Extended Warranty for 3 Proterra Electric Busses) Reso Extended Warranty for 3 Proterra Busses.

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

DISPENSING WITH THE PUBLIC BIDDING REQUIREMENT BASED

ON THE SINGLE VENDOR EXCEPTION AND AUTHORIZING THE

PURCHASE OF AN EXTENDED WARRANTY FOR THREE PROTERRA
ELECTRIC BUSSES FOR THE PERIOD OF SEPTEMBER 2023
THROUGH SEPTEMBER 2026 IN THE AMOUNT OF $244,212.99.

WHEREAS, the City of Arvin purchased three Proterra electric busses in 2019 for approximately $900,000 each; and
WHEREAS, the City of Arvin Transit Department has requested that the City Council authorize the purchase of an extended warranty for three (3) Proterra electric busses; and WHEREAS, the extended warranty will provide coverage for two years from September 2024 through September 2026 and will help avoid unforeseen mechanical costs over the next two years; and
WHEREAS, the cost for the two-year extended warranty coverage is $244,212.99 (less than ten percent of the original purchase price of the busses); and WHEREAS, California government Code Section 54201 requires local agencies to adopt procedures of the acquisition of supplies and equipment; and WHEREAS, Chapter 3.08 of the Arvin Municipal Code sets forth rules and regulations regarding the purchase of equipment and supplies for city departments; and WHEREAS, Chapter 3.08.080 generally requires that purchases of supplies and equipment in excess of thirty thousand dollars ($30,000.00) shall be subject to a formal bidding process; and
WHEREAS, Chapter 3.08.070 of the Arvin Municipal Code provides that the public bidding requirement may be dispensed with when the commodity can be obtained from only one (1) vendor; and
WHEREAS, Proterra is the only company that offers extended warranties on its projects; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follow:

1. The above recitals are true and correct; and

2. With respect to the purchase of an extended warranty for three Proterra electric busses, the City Council of the City of Arvin does hereby declare that the public bidding requirements of the Arvin Municipal Code are hereby dispensed with pursuant to Chapter

3.08.070, because the appropriate findings have been made that the warranty can only be obtained from one vendor; and

6.C.2
Attachment: Reso Purchase Extended Warranty for 3 Proterra Busses and Single Vendor Exception_101023 (Extended Warranty for 3 Proterra Reso Extended Warranty for 3 Proterra Busses.

3. The City Council of the City of Arvin authorizes the City of Arvin to purchase the extended warranty from Proterra for three electric busses.

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 10 th day of October 2023 by
the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group, 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.

6.C.2
Attachment: Reso Purchase Extended Warranty for 3 Proterra Busses and Single Vendor Exception_101023 (Extended Warranty for 3 Proterra

6.C.3
Attachment: Proterra Bus Warranty_101023 (Extended Warranty for 3 Proterra Electric Busses) September 2023
Diamond IT Support Agreement & Services
For City of Arvin and Arvin Police Department

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third Support Contract

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third SecureCentric 6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third BackupCentric

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third Recurring Maintenance 6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third Managed Firewall Rentals

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third Block Retainer Agreement
• 15% discount off published hourly rates
• Help Desk Support
• Weekly Onsite support
• Emergency support requests

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third Support for Arvin PD
• DOJ Certified approved
• Weekly onsite support
• Records Information Management System
• Badge Camera Installation
• Security camera upgrades
• Police Vehicle Mobile VPN System
• Smart911/E911 support
• Dispatch support

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third Strategic Planning & Guidance
• Architecture/Design
services
• Engineering services
• Consulting services
• Compliance
• DOJ requirements
• Cyber Security planning
• Cyber insurance
requirements

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third Thank you
Mike Leftwich
[email protected]
www.diamondit.pro

6.D.1
Attachment: Diamond IT Presentation_101023 (Diamond IT - Third Staff Report – Third Amend to CSA – Diamond I.T.

CITY OF ARVIN
Staff Report
Meeting Date: October 10, 2023
TO: Arvin City Council
FROM: Dennis Clark, Finance Supervisor
Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Approving the Third Amendment to Contract Services Agreement by and between the City of Arvin, a municipal corporation and Diamond Technologies, Inc., for computer system and information technology installation, repair, and maintenance.

BACKGROUND:

The City of Arvin and Diamond Technologies, Inc., entered into a contract for Computer System and Information Technology Installation, Repair, and Maintenance on July 29, 2015. The term of the contract was for three years, with two additional options of one year each. This contract termed out effective July 29, 2020. The City and Diamond Technologies, Inc. extended this contract retroactively from June 30, 2020 to December 1, 2021. A second contract amendment extended the contract from December 1, 2021 to December 31, 2023. Staff has determined a need for a third contract amendment extending the contract to December 31, 2024 and retroactively updating the contract amount to not exceed $650,000 during the period of the first, second and third amendments.

The contract services agreement with Diamond includes remote support 24 hours/day, 7 days/week and 365 days/year; onsite regularly scheduled service by a Diamond qualified technician at least once a week; monitoring, maintaining and administration of computer servers and associated hardware, software, automated digital backup system, communications (including phone) and operating systems necessary to ensure the quality, security (including spam filters, virus protection and firewalls), performance, availability, recoverability and reliability of the system. There are 11 servers and 3 locations of networks and firewalls, 75 email accounts, approximately 60 Microsoft Office Business 365 licenses, the police department software systems, the police department mobile vehicle systems, and the body worn camera program. In addition, Diamond IT ensures that all of the Police Department computers and data are maintained to the highest level of security as required by the Department of Justice.

It is anticipated that a new 'RFP' (Request for Proposal) for this service (Computer System Information Technology Installation, Repair, and Maintenance) will go out to interested parties during the first quarter of 2024.

FINANCIAL IMPACT:

This is a budgeted expense in the administrative and police department budgets. Additionally, some grant funds may be available to offset some of the security costs, especially for police department operations.

6.D.2
Attachment: Staff Report Third Amend to Diamond IT Contract_101023 (Diamond IT - Third Amendment to Contract Services Agreement)

Reso Approving 3
rd Amend to CSA with Diamond Technologies, Inc. for computer system and I.T. installation, repair, & maintenance.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING THE THIRD AMENDMENT TO CONTRACT SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF ARVIN, A MUNICIPAL CORPORATION AND DIAMOND TECHNOLOGIES, INC., FOR

COMPUTER SYSTEM AND INFORMATION TECHNOLOGY

INSTALLATION, REPAIR, AND MAINTENANCE
WHEREAS, the City of Arvin (“City”) and Diamond Technologies, Inc., (“Consultant” or “Contractor”) entered into that certain Contract Services Agreement (Agreement No. 2015-18) dated on or about July 29, 2015 (“Agreement”) whereby Consultant agreed to provide Computer System and Information Technology Installation, Repair, and Maintenance; and WHEREAS, the term of the Agreement was until June 30, 2018, with the City given the option to extend the Agreement by two additional one year periods; and WHEREAS, the City exercised both of these options to extend, extending the Term until June 30, 2020; and
WHEREAS, the First Amendment was retroactive to June 30, 2020, extending the term to December 1, 2021: and
WHEREAS, the Second Amendment was retroactive to December 1, 2021, extending the term to December 1, 2023; and
WHEREAS, City and Consultant now desire to amend the Agreement, in order to extend the term of the agreement, in addition to other changes as described in the Third Amendment to Contract Services Agreement between the City of Arvin and Diamond Technologies, Inc. (Exhibit A).

NOW, THEREFORE, BE IT RESOLVED THAT: by the City Council of the City of Arvin as follows:

Section 1: The foregoing recitals are true and correct.

Section 2: The City Council of the City of Arvin approves the “Third Amendment To Contract Services Agreement” attached herein, and authorizes the Mayor or City Manager to execute the same on behalf of the City of Arvin subject to approval as to legal form by the City Attorney.

Section 3: The City Council finds that this approval is in the best interests of the City of Arvin.

Section 4: This resolution shall be effective upon adoption.

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Attachment: Reso Approving Diamond Technologies Third Amend to Contract Services Agmt_101023 (Diamond IT - Third Amendment to

Reso Approving 3
rd Amend to CSA with Diamond Technologies, Inc. for computer system and I.T. installation, repair, & maintenance.

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 10 th day of October 2023 by
the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
Exhibit A: Third Amendment to Contract Services Agreement between the City of Arvin and Diamond Technologies, Inc.

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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01159.0007/674436.2
AGREEMENT NO. __________

THIRD AMENDMENT TO CONTRACT SERVICES AGREEMENT BY

AND BETWEEN THE CITY OF ARVIN, A MUNICIPAL CORPORATION
AND DIAMOND TECHNOLOGIES, INC., FOR COMPUTER SYSTEM

AND INFORMATION TECHNOLOGY INSTALLATION, REPAIR, AND
MAINTENANCE.

This Third Amendment to Contract Services Agreement by and between the City of Arvin, a Municipal Corporation and Diamond Technologies, Inc., for Computer System and Information Technology Installation, Repair, and Maintenance (“Third Amendment”) is effective as of the 10th day of October 2023.

R E C I T A L S
WHEREAS, the City of Arvin (“City”) and Diamond Technologies, Inc., (“Consultant” or “Contractor”) entered into that certain Contract Services Agreement (Agreement No. 2015-18) dated on or about July 29, 2015 (“Agreement”) whereby Consultant agreed to provide Computer System and Information Technology Installation, Repair, and Maintenance; and WHEREAS, the term of the Agreement was until June 30, 2018, with the City given the option to extend the Agreement by two additional one-year periods; and WHEREAS, the City exercised both these options to extend, extending the Term until June 30, 2020; and
WHEREAS, the First Amendment was retroactive to June 30, 2020, extending the term to December 1, 2021: and
WHEREAS, the Second Amendment was retroactive to December 1, 2021, extending the term to December 1, 2023; and
WHEREAS, City and Consultant now desire to amend the Agreement, in order to further extend the term of the agreement, in addition to other changes described below.

A G R E E M E N T
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Consultant agree as follows:

Section 1. Section 2.1, entitled “Contract Sum,” is amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“2.1 Contract Sum.

For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the annual maximum contract amount of Sixty

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Thousand Dollars ($60,000) One Hundred Fifty Thousand Dollars ($150,000) (“Contract Sum”).

Notwithstanding, for the period from June 30, 2020 until December 1, 2023, June 30, 2020 until December 31, 2024, the maximum contract amount will be One Hundred Eighty Thousand Dollars ($180,000) Six Hundred Fifty Thousand Dollars ($650,000).

Section 2. Section 3.4, entitled “Term,” is amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect from the date it is entered into, as set forth above, until December 131, 20232024.”
Section 3. That portion of Exhibit “C-1” entitled “Block Retainer Service and Support” is hereby replaced with the following:

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Section 7. Full Force and Effect. Except as expressly provided in this Third Amendment, all other terms and conditions of the Agreement, as amended by the First Amendment and Second Amendment, shall remain in full force and effect. [SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties hereto executed this Second Amendment to be effective as of the Effective Date first written above.

CITY OF ARVIN
a municipal corporation
OLIVIA TRUJILLO, Mayor
ATTEST:

CECILIA VELA, City Clerk
CONSULTANT:

DIAMOND TECHNOLOGIES, INC.,
Name:

Title:

Name:

APPROVED AS TO FORM:

HODGES LAW GROUP
________________________________
NATHAN HODGES, City Attorney
Title:

Address: _______________________
_______________________
Note: Consultant’s signatures shall be notarized, and
appropriate attestations shall be included as may be
required by the bylaws, articles of incorporation, or
other rules or regulations applicable to developer’s
business entity.

Attachments:

Exhibit A: Second Amendment to Contract Services Agreement (Agreement No. 2022-27).

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EXHIBIT A
Second Amendment to Contract Services Agreement (Agreement No. 2022-27) (Approximately 32 total pages)

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AGREEMENT NO. 2022-27

SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF ARVIN, A MUNICIPAL CORPORATION AND DIAMOND TECHNOLOGIES, INC., FOR COMPUTER SYSTEM AND INFORMATION

TECHNOLOGY INSTALLATION, REPAIR, AND MAINTENANCE
This Second Amendment to Contract Services Agreement by and between the City of Arvin, a Municipal Corporation and Diamond Technologies, Inc., for Computer System and Information Technology Installation, Repair, and Maintenance (“Second Amendment”) is effective as of the 1st day of December, 2021.

R E C I T A L S
WHEREAS, the City of Arvin (“City”) and Diamond Technologies, Inc., (“Consultant” or “Contractor”) entered into that certain Contract Services Agreement (Agreement No. 2015-18) dated on or about July 29, 2015 (“Agreement”) whereby Consultant agreed to provide Computer System and Information Technology Installation, Repair, and Maintenance; and WHEREAS, the term of the Agreement was until June 30, 2018, with the City given the option to extend the Agreement by two additional one year periods; and WHEREAS, the City exercised both these options to extend, extending the Term until June 30, 2020; and
WHEREAS, the First Amendment was retroactive to June 30, 2020, extending the term to December 1, 2021: and
WHEREAS, City and Consultant now desire to amend the Agreement, in order to extend the term of the agreement, in addition to other changes described below; and WHEREAS, it is the intent of both parties that this Second Amendment is to be retroactive to December 1, 2021.

A G R E E M E N T
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Consultant agree as follows:

Section 1. Section 2.1, entitled “Contract Sum,” is amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“2.1 Contract Sum.

For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the annual maximum contract amount of Sixty Thousand Dollars ($60,000) (“Contract Sum”). Notwithstanding, for the period from June 30, 2020 until December 1, 2021

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2023, the maximum contract amount will be One Hundred Eighty Thousand Dollars ($180,000). until such time as the agreement is amended to increase the maximum contract amount for the particular year.

Section 2. Section 3.4, entitled “Term,” is amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect from the date it is entered into, as set forth above, until December 1, 2021 2023 June 30, 2018. In its sole discretion the City may authorize up to two 1-year extensions of the term of this agreement by providing Contactor with written notice of the extension prior to the expiration of the then current term.”
Section 3. Section 6.5, entitled “Confidentiality and Release of Information,” is hereby amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by the Parties Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to the Consultant party receiving the information (“Receiving Party”). Consultant The Receiving Party shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the other Party Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.

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Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.” Section 4. Section 6.5, entitled “Non-Solicitation,” is hereby added to the Agreement as follows:
“6.5 Non-Solicitation.
“City acknowledges that Consultant has invested significant time, effort, and money to recruit and develop the skilled technicians and consultants assigned to the Services for City and that this is a costly and time-consuming endeavor. If, at any time during or within two (2) years following the expiration of the Term, City directly or indirectly employs any employee of Consultant, City shall pay Consultant the sum of fifty thousand dollars ($50,000) per employee, which sum reflects the reasonable value of Consultant’s investment in said employee(s).” Section 5. Section 7.3, entitled “Legal Action,” is hereby amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“7.3 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Prior to taking any legal action, each party should attempt to engage in alternative dispute resolution options, such as mediation.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.”
///

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Section 6. That portion of Exhibit “C-1” entitled “Block Retainer Service and Support” is hereby replaced with the following:

Section 7. Full Force and Effect. Except as expressly provided in this Second Amendment, all other terms and conditions of the Agreement, as amended by the First Amendment, shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]

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Exhibit A: Contract Services Agreement (Agreement No. 2020-34) (Approximately 25 total pages)

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