CORONAVIRUS DISEASE (COVID-19) ADVISORY
Pursuant to Assembly Bill (AB) 361, the City Council may participate via teleconference/electronically. In-person participation by the public will be permitted. In addition, remote public participation and public comment is available in the following ways:
1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the options below).
2. Join the electronic meeting at https://atwater-org.zoom.us/j/89554963092 (Webinar ID: 89554963092). Members of the public participating electronically via this link and wishing to speak may do so during public comment, by using the "raised hand" feature in the Zoom webinar.
3. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes. In view of the other public comment opportunities listed above, email/written comments will not be read out loud during the meeting.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6300.
CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
January 10, 2022
CALL TO ORDER: 5:30 PM
ROLL CALL:
Ambriz ____, Button ____, Cale ____, Raymond ____, Creighton _____
City Council Agenda for Meeting of January 10, 2022 Page 2 CLOSED SESSION:
Adjourn to Conference Room A
• Pursuant to Government Code Section 54957, Public Employee Annual Performance Evaluation; Title: City Manager
• Conference with Labor Negotiators - Government Code Section 54957.6, Unrepresented employee: City Manager Lori Waterman
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
PLEDGE OF ALLEGIANCE TO THE FLAG
INVOCATION
Invocation by Police Chaplain Jim McClellan
ROLL CALL:
Ambriz ____, Button ____, Cale ____, Raymond ____, Creighton _____ MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.
CEREMONIAL MATTERS:
• Oath of Office - Police Officer
Staff's Recommendation: That Mayor Creighton administer the oath of office to the newly appointed Police Officer Matthew Bowen.
City Council Agenda for Meeting of January 10, 2022 Page 3 • Presentation of trophy to Fire Department for winning the City Christmas tree decorating contest
Recommendation: That Pastor Rich Miller make the presentation to the Fire Department.
• Presentation of trophy to Mayor Creighton for winning the City snowman decorating contest
Recommendation: That Pastor Rich Miller make the presentation to Mayor Creighton.
***CONSENT CALENDAR***
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.
WARRANTS:
1. a) December 17, 2021
b) January 10, 2022
Staff's Recommendation: Approval of warrants as listed.
TREASURER'S REPORT:
2. October 31, 2021
Staff's Recommendation: Approval of report as listed.
MINUTES: (City Council)
3. a) December 13, 2021 - Regular meeting
b) December 20, 2021 - Special meeting
Staff's Recommendation: Approval of minutes as listed.
City Council Agenda for Meeting of January 10, 2022 Page 4
RESOLUTIONS
4. Approving Budget Amendment allocating funding for CMU Wall installation at Industry Sewer Lift Station and Awarding General Construction Contract to W.M. Lyles Co. for CMU Wall installation at Industry Sewer Lift Station (Public Works/Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3280-22 approving Budget Amendment No. 20 amending Fiscal Year 2021-22 Budget to allocate funding for CMU Wall installation at Industry Sewer Lift Station in the amount of $479,760; and awards a General Construction Contract, in a form approved by the City Attorney, to W.M. Lyles Co. of Fresno, Califonia, in an amount not to exceed $436,145.00; authorizes and directs the City Manager to sign and affirm construction contract change orders up to an aggregate of $43,614.50 (10%); and authorizes and directs the City Manager, or her designee to execute the contract on behalf of the City.
5. Approving Budget Amendment establishing budget in Measure V Regional Fund for Bellevue Road Rehabilitation/Realignment Project Study Report Equivalent and Approving Measure V Regional Project Funding Agreement with Merced County Association of Governments (Public Works/Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3276-22 approving Budget Amendment No. 18 amending Fiscal Year 2021-22 Budget to establish a budget within the Measure V Regional Fund for the preparation of the PSR-E for Bellevue Road Project; and approval of the Measure V Regional Funding Agreement, in a form approved by the City Attorney, with Merced County Association of Governments (MCAG) for the preparation of the Bellevue Road
Rehabilitation/Realignment Project Study Report Equivalent (PSR-E); makes the finding that the preparation of the Bellevue Road Rehabilitation/Realignment Project Study Report Equivalent (PSR-E) is categorically exempt from CEQA; and authorizes and directs the City Manager, or her designee, to execute all documents on behalf of the City.
6. Making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater (City Attorney Splendorio)
Staff's Recommendation: Adoption of Resolution No. 3277-22 making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater.
City Council Agenda for Meeting of January 10, 2022 Page 5
7. Accepting Reimbursment Funds and Approving Budget Amendment appropriating funds for 2021 Federal Emergency Management Agency's Public Assistance Grant Program (CAL FIRE Battalion Chief Ayuso) Staff's Recommendation: Adoption of Resolution No. 3279-22 approving Budget Amendment No. 19 amending the Fiscal Year 2021- 22 Budget regarding appropriating funds in the amount of $4,680.58 to the Fiscal Year 2021-22 Fire Department Special Departmental Expense derived from the Federal Emergency Management Agency's (FEMA) Public Assistance (PA) Grant program.
AGREEMENTS:
8. Approving First Amendment to Site Lease Agreement with T-Mobile West LLC at Osborn Park (Public Works/Community Development Director Thompson)
Staff's Recommendation: Approval of the First Amendment to the Site Lease Agreement with T-Mobile West LLC, in a form approved by the City Attorney, for the transfer of ownership of the newly constructed tower (pole); and authorizes and directs the City Manager, or her designee, to execute the First Amendment on behalf of the City.
9. Awarding Professional Services Agreement to HdL Companies for Consultant Services for Cannabis Monitoring and Compliance Services (Public Works/Community Development Director Thompson) Staff's Recommendation: Awards a Professional Services
Agreement, in a form approved by the City Attorney, to HdL Companies of Brea, California for Consultant Services for Cannabis Monitoring and Compliance Services in an amount not to exceed $78,150; and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.
10. Approving a Master On-Call Provider list with various consultants for California Government Relations and Lobbying Services (Public Works/Community Development Director Thompson)
Staff's Recommendation: Approval of the establishment of a Master On-Call Provider list with various consultants for California Government Relations and Lobbying Services
***END OF CONSENT CALENDAR***
City Council Agenda for Meeting of January 10, 2022 Page 6
COMMENTS FROM THE PUBLIC
NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.
CITY COUNCIL MATTERS
11. 2022 City Council Reorganization/Mayor's Committee Assignments Mayor Pro Tem
Merced County Association of Governments (1 representative and 1 alternate)
League of California Cities Central Valley Division (1 representative and 2 alternates)
City Audit and Finance Committee (2 representatives)
LAFCO (1 representative)
USP/Atwater Community Liaison Group (1 representative and 1 alternate)
Atwater Community Services/Neighborhood Watch (1
representative)
4th of July Committee (1 representative)
San Joaquin Valley Air Pollution Control District (1 representative and 1 alternate)
SGMA (1 Staff representative and 1 alternate)
IRWIN (1 Staff representative and 1 alternate)
ACE Train (1 Representative and 1 alternate)
One Voice (1 representative and 1 alternate)
Bloss Mansion (2 representatives)
Christmas Parade (2 representatives)
General Plan Technical Advisory Committee (2 representatives) Staff's Recommendation: Motion to ratify the Mayor's Committee Assignments.
City Council comments
CLOSED SESSION:
Continuation of Closed Session if necessary
ADJOURNMENT
City Council Agenda for Meeting of January 10, 2022 Page 7 CERTIFICATION:
I, Lucy Armstrong, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
LUCY ARMSTRONG
CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.
In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6317. You may also send the request by email to [email protected].
~ January 2022 ~
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 Audit & Finance 25 26 27 28 29
30 31 1:30 PM - 3:30 PM
6:00 PM Office Hours -
City Council Meeting - Supervisor McDaniel
4:30 PM
1 day
District 3
Committee Meeting - Merced County
Trash pick up delayed
Observed
City Holiday
Martin Luther King Jr. Day Meeting - 6:00 PM
Special City Council
Planning Commission
6:00 PM
City Council Meeting -
Meeting -
4:30 PM
5:00 PM
Application Deadline for
Saturday
New Year's Day
City Holiday
Sunday Monday Tuesday Wednesday Thursday Friday
Trash pick up delayed
1 day
Planning Commission
Scheduled Vacancy -
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28
6:00 PM
City Council Meeting -
4:30 PM
Committee Meeting -
Audit & Finance
Trash pick up delayed Office Hours -
1 day 1:30 PM - 3:30 PM
Observed
City Holiday Merced County
Supervisor McDaniel
President's Day District 3
6:00 PM Meeting - 6:00 PM
City Council Meeting - Planning Commission
Meeting - 6:00 PM
~ February 2022 ~
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
WARRANTS SUMMARY FOR DECEMBER 17, 2021
TOTAL OF WARRANTS (FROM WARRANT REPORT)
ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) 1 s 1,112,344.si 1
DATE DESCRIPTION AMOUNT
Prewrittens included in this current warrant run. $
TOTAL ADDITIONAL WARRANTS $
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $1,112,344.51 !INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) !DATE I DESCRIPTION {AMOUNT
Net Payroll
Federal Taxes
State Taxes
Payroll Deductions
$0.00
TOTAL INFORMATIONAL WARRANTS $0.00
Accounts Payable
Checks for Approval
User:
Printed:
jdaniel
12/17/2021- 1:13PM
c'iLyof
Atwater
Co,nn1uni
760 Bellevue RoOO, AlWatef GA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 12/17/2021 General Fund Special Departmental Expense CHASE 953.71 0 12/17/2021 General Fund Travel/Conferences/Meetings CHASE 98.19 0 12/17/2021 General Fund Miscellaneous CHASE 482.87
0 12/17/2021 General Fund Travel/Conferences/Meetings CHASE 2,054.26 0 12/17/2021 General Fund Special Departmental Expense CHASE 12.00 0 12/17/2021 General Fund Printing & Advertising CHASE 552.00 0 12/17/2021 General Fund Uniform & Clothing Expense CHASE 800.82 0 12/17/2021 General Fund Professional Services CHASE 17.97 0 12/17/2021 General Fund Special Departmental Expense CHASE 8.54 0 12/17/2021 General Fund Uniform & Clothing Expense CHASE 119.69 0 12/17/2021 General Fund Training CHASE 256.96
0 12/17/2021 General Fund Special Departmental Expense CHASE 58.74 0 I 2/17/2021 General Fund Office Supplies CHASE 24.88
0 12/17/2021 Water Enterprise Fund Special Departmental Expense CHASE 559.75 0 12/17/2021 Internal Service Fund Special Departmental Expense CHASE 506.53 0 I 2/17/2021 Internal Service Fund Operations & Maintenance CHASE 65.00 0 12/17/2021 Information Technology Fund Special Departmental Expense CHASE 74.00 Check Total: 6,645.91
18599 12/17/202 I General Fund Cannabis Deposits AEGLE COMMODITIES I 2,8 I 8.87 Check Total: 12,818.87 -
18600 12/17/2021 Internal Service Fund Professional Services ALLWAYS TOWING, L.L.C. 300.00 18600 I 2/17/2021 Internal Service Fund Professional Services ALLWAYS TOWING, L.L.C. 250.00 18600 12/17/2021 Internal Service Fund Professional Services ALLWAYS TOWING, L.L.C. 200.00 Check Total: 750.00
18601 12/17/2021 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements ASSOCIATED RIGHT OF WAY SERVICES, INC. 4,752.50 Check Total: 4,752.50
18602 12/17/2021 General Fund Communications AT & T MOBILITY 131.40 AP-Checks for Approval (l 2/l 7 /2021 - I: 13 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: I 31.40
18603 12/17/2021 General Fund Communications AT and T - CALNET3 301.86 Check Total: 301.86 -
18604 12/17/2021 General Fund Communications AT&T 197.95 Check Total: 197.95 -
18605 12/17/2021 Employee Benefits Fund Professional Services BARTEL ASSOCIATES 4,000.00 Check Total: 4,000.00
18606 12/17/2021 Gas Tax/Street Improvement Special Departmental Expense BEST ELECTRIC 3,920.00 Check Total: 3,920.00
18607 12/17/2021 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 5.61 18607 12/17/2021 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 21.12 18607 12/17/2021 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 11.81 18607 12/17/2021 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 106.28 Check Total: 144.82 -
18608 12/17/2021 General Fund Professional Services BILL SPRIGGS APPRAISAL 4,000.00 Check Total: 4,000.00 ,
18609 12/17/2021 Internal Service Fund Professional Services BOB'S REFRIGERATION 400.00 18609 12/17/2021 Internal Service Fund Professional Services BOB'S REFRIGERATION 165.00 Check Total: 565.00 -
18610 12/17/2021 Gas Tax/Street Improvement Uniform & Clothing Expense BOOTBARN 200.00 Check Total: 200.00 -
18611 12/17/2021 Internal Service Fund Professional Services CAR WASH PARTNERS, INC. 204.00 Check Total: 204.00
18612 12/17/2021 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 28.01 Check Total: 28.01 -
18613 12/17/2021 General Fund Uniform & Clothing Expense CINTAS 29.60 18613 12/17/2021 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 41.26 18613 12/17/2021 Water Enterprise Fund Uniform & Clothing Expense CINTAS 88.38 18613 12/17/2021 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 110.86 18613 12/17/2021 Sanitation Enterprise Uniform & Clothing Expense CINTAS 9.64 AP-Checks for Approval (12/l 7 /2021 - 1: 13 PM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18613 12/17/2021 Internal Service Fund Special Departmental Expense CINTAS 35.50 18613 12/17/2021 Internal Service Fund Uniform & Clothing Expense CINTAS 30.04 18613 12/17/2021 Internal Service Fund Uniform & Clothing Expense CINTAS 12.82 Check Total: 358.10
18614 12/17/2021 General Fund Training CITY OF FRESNO-POLICE DEPT 485.00 18614 12/17/2021 General Fund Training CITY OF FRESNO-POLICE DEPT 485.00 18614 12/17/2021 General Fund Training CITY OF FRESNO-POLICE DEPT 485.00 18614 12/17/202 I General Fund Training CITY OF FRESNO-POLICE DEPT 485.00 18614 12/17/2021 General Fund Training CITY OF FRESNO-POLICE DEPT 485.00 Check Total: 2,425.00
18615 12/17/2021 Internal Service Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 56.29 Check Total: 56.29
18616 12/17/2021 Internal Service Fund Operations & Maintenance COOK'S COMMUNICATIONS 375.00 Check Total: 375.00
18617 12/17/2021 Water Enterprise Fund Special Departmental Expense COOPER CONTROLS 3,098.79 ---
Check Total: 3,098.79
18618 12/17/2021 Water Fund Capital Replacement Water Tower Painting CS! SERVICES 3,950.00 18618 12/17/2021 Water Fund Capital Replacement Water Tower Painting CSI SERVICES 3,950.00 18618 12/17/2021 Water Fund Capital Replacement Water Tower Painting CS! SERVICES 2,370.00 18618 12/17/2021 Water Fund Capital Replacement Water Tower Painting CS! SERVICES 790.00 Check Total: 11,060.00
18619 12/17/2021 General Fund Training CSMFO 470.00
Check Total: 470.00
18620 12/17/2021 Internal Service Fund Professional Services CUMMINS SALES AND SERVICE 1,976.07 18620 12/17/2021 Internal Service Fund Operations & Maintenance CUMMINS SALES AND SERVICE 1,025.99 Check Total: 3,002.06
18621 12/17/2021 Internal Service Fund Professional Services D & D PEST CONTROL 280.00 Check Total: 280.00
18622 12/17/2021 Information Technology Fund Professional Services DATAPATH 875.00 18622 12/17/2021 Water Enterprise Fund Professional Services DATAPATH 4,000.00 ---
Check Total: 4,875.00
--
AP-Checks for Approval (12/17/2021 - 1:13 PM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18623 12/17/2021 Police Grants Fund Machinery & Equipment DELL MARKETING L.P. 8.00 18623 12/17/2021 Police Grants Fund Machinery & Equipment DELL MARKETING L.P. 4,737.41 Check Total: 4,745.41
18624 12/17/2021 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 1,490.00 Check Total: 1,490.00
18625 12/17/2021 General Fund Special Departmental Expense DEPT. OF JUSTICE 83.00 18625 12/17/2021 General Fund Professional Services DEPT. OF JUSTICE 167.00 Check Total: 250.00
18626 12/17/202 l Internal Service Fund Professional Services DON'S MOBILE GLASS 90.00 Check Total: 90.00
18627 12/17/2021 Internal Service Fund Special Departmental Expense ELITE IRON FENCING 540.00 18627 12/17/2021 Internal Service Fund Professional Services ELITE IRON FENCING 150.00 Check Total: 690.00
18628 12/17/2021 General Fund Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 2,257.50 18628 12/17/2021 Gas Tax/Street Improvement Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 26.88 18628 12/17/2021 Sierra Parks LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 18628 12/17/2021 Shaffer Lakes East LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCm 107.50 18628 12/17/2021 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 215.00 18628 12/17/2021 Cottage Gardens ST & LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18628 12/17/2021 Camellia Estates LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18628 12/17/2021 Stone Creek LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 18628 12/17/2021 Bell Crossing LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 215.00 18628 12/17/2021 Meadow View LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18628 12/17/2021 Aspenwood Lndscp Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18628 12/17/2021 Applegate Ranch Lndscp Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 Check Total: 3,305.63
18629 12/17/2021 Gas Tax/Street Improvement Special Departmental Expense FASTENAL COMPANY 523.30 18629 12/17/2021 Sewer Enterprise Fund Small Tools FASTENAL COMPANY 296.50 18629 12/17/2021 Internal Service Fund Special Departmental Expense FASTENAL COMPANY 13.05 Check Total: 832.85
18630 12/17/2021 Gas Tax/Street Improvement Special Departmental Expense VIOLATION PROCESSING DEPARTMENT FASTI 26.25 Check Total: 26.25
18631 12/17/2021 General Fund Office Supplies FEDERAL EXPRESS 28.96 AP-Checks for Approval (12/17/2021 - I: 13 PM) Page4
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 28.96
18632 12/17/2021 Internal Service Fund Professional Services FENCE BUILDERS INC. 800.00 Check Total: 800.00 -
18633 12/17/2021 Sewer Enterprise Fund Special Departmental Expense FIRE SYSTEM SOLUTIONS INC. 4,698.00 ---
Check Total: 4,698.00
18634 12/17/2021 1,2,3-TCP Fund TCP Remediation Project GHD 73,098.29 ---
Check Total: 73,098.29
18635 12/17/2021 General Fund Memberships & Subscriptions IACP 190.00 Check Total: 190.00
18636 12/17/2021 Internal Service Fund Professional Services JACK'S R BETTER INC. 58.75 18636 12/17/2021 Internal Service Fund Professional Services JACK'S R BETTER INC. 58.75 Check Total: 117.50
18637 12/17/2021 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 8,790.00 ---
Check Total: 8,790.00
18638 12/17/2021 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 437.89 Check Total: 437.89 ,,..
18639 12/17/2021 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,705.95 18639 12/17/2021 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,923.47 18639 12/17/2021 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 300.00 18639 12/17/2021 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 165.50 18639 12/17/2021 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 166.70 18639 12/17/2021 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 95.00 18639 12/17/2021 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 425.00 18639 12/17/2021 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 305.00 18639 12/17/2021 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 80.00 18639 12/17/2021 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 219.00 18639 12/17/2021 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 717.00 18639 12/17/2021 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 167.00 18639 12/17/2021 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 954.13 18639 12/17/2021 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 500.00 18639 12/17/2021 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 281.00 18639 12/17/2021 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 317.00 18639 12/17/2021 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 350.00 18639 12/17/2021 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 3,822.34 -
AP-Checks for Approval (12/17/2021 - 1:13 PM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18639 12/17/2021 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 348.25 18639 12/17/2021 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 213.75 18639 12/17/2021 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 214.95 18639 12/17/2021 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 473.25 18639 12/17/2021 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 353.25 18639 12/17/2021 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 128.25 18639 12/17/2021 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 765.25 18639 12/17/2021 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 215.25 18639 12/17/2021 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 548.25 18639 12/17/2021 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 329.25 18639 12/17/2021 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 365.25 18639 12/17/2021 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 398.25 18639 12/17/2021 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 143.25 18639 12/17/2021 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 267.25 18639 12/17/2021 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,002.38 ---
Check Total: 18,260.17
18640 12/17/2021 Water Enterprise Fund Professional Services JORGENSEN COMPANY 690.34 18640 12/17/2021 Gas Tax/Street Improvement Professional Services JORGENSEN COMPANY 546.88 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 50.00 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 291.04 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 315.33 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 75.78 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 30.00 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 164.31 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 311.92 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 70.00 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 119.31 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 64.36 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 885.62 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 30.00 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 168.93 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 351.20 18640 12/17/2021 Internal Service Fund Professional Services JORGENSEN COMPANY 30.00 18640 12/17/2021 Water Enterprise Fund Professional Services JORGENSEN COMPANY 417.34 Check Total: 4,612.36
18641 12/17/2021 Internal Service Fund Operations & Maintenance KELLOGG'S SUPPLY 261.32 Check Total: 261.32
18642 12/17/2021 General Fund Miscellaneous LOOMIS DEPT. 0757 397.08 Check Total: 397.08
AP-Checks for Approval (12/17/2021 - 1:13 PM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18643 12/17/2021 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 700.70 Check Total: 700.70
18644 12/17/2021 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18644 12/17/2021 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18644 12/17/2021 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 Check Total: 119.25
18645 12/17/2021 General Fund Professional Services MUNICODE 428.40 Check Total: 428.40 -
18646 12/17/2021 General Fund Professional Services MUNISERVICES LLC 593.28 Check Total: 593.28
18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 150.55 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 97.10 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 143.93 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -12.55 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 87.87 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 5.07 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 78.09 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 126.86 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 228.27 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 124.00 18647 12/17/2021 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 42.19 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 427.54 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 72.33 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 26.54 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 8.65 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 252.88 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 46.07 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 14.26 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 670.91 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 21.63 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 68.71 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 57.46 18647 12/17/2021 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 4.75 Check Total: 2,743.11
18648 12/17/2021 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 16.00 18648 12/17/2021 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 16.00 18648 12/17/2021 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 625.00 AP-Checks for Approval (12/17/2021 - 1:13 PM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18648 12/17/2021 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 625.00 18648 12/17/2021 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 144.00 18648 12/17/2021 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 144.00 18648 12/17/2021 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 625.00 18648 12/17/2021 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 625.00 Check Total: 2,820.00
18649 12/17/2021 General Fund Utilities PACIFIC GAS & ELECTRIC 1,025.45 18649 12/17/202 l General Fund Utilities PACIFIC GAS & ELECTRIC 195.64 18649 12/17/2021 General Fund Utilities PACIFIC GAS & ELECTRIC 550.06 18649 12/17/2021 General Fund Utilities PACIFIC GAS & ELECTRIC 1,720.72 18649 12/17/2021 General Fund Utilities PACIFIC GAS & ELECTRIC 23.82 18649 12/17/2021 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 15,064.76 18649 12/17/2021 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 513.14 18649 12/17/2021 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 99.22 18649 12/17/2021 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 82.30 18649 12/17/202 l Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 9.90 18649 12/17/2021 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 32.87 18649 12/17/2021 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 10.87 18649 12/17/2021 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 1,371.05 18649 12/17/2021 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 132.83 18649 12/17/2021 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 675.37 18649 12/17/2021 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 17.83 18649 12/17/2021 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 15.85 18649 12/17/2021 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 15.75 18649 12/17/2021 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 559.12 18649 12/17/2021 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 33.24 18649 12/17/2021 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 39,903.46 18649 12/17/2021 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 2,722.40 18649 12/17/2021 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 5,456.51 18649 12/17/2021 General Fund Utilities PACIFIC GAS & ELECTRIC 323.89 18649 12/17/2021 General Fund Utilities PACIFIC GAS & ELECTRIC 88.16 18649 12/17/202 l Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 209.52 18649 12/17/2021 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 6,524.07 18649 12/17/2021 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 1,195.35 18649 12/17/202 l Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 677.85 Check Total: 79,251.00
18650 12/17/2021 Sewer Enterprise Fund Special Departmental Expense PRESTON'S LOCK & KEY 16.24 Check Total: 16.24 -
18651 12/17/2021 Sewer Enterprise Fund Machinery & Equipment PUMP REPAIR SERVICE CO. 12,448.91 AP-Checks for Approval (12/17/2021 - I: 13 PM) Page 8
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 12,448.91
18652 12/17/2021 Internal Service Fund Professional Services RDO EQUIPMENT CO 3,138.75 18652 12/17/2021 Internal Service Fund Operations & Maintenance RDO EQUIPMENT CO 2,638.70 ---
Check Total: 5,777.45 ~
18653 12/17/2021 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 282.53 Check Total: 282.53
18654 12/17/2021 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK TRAFFIC SIGNS 1,250.49 18654 12/17/2021 General Fund Special Departmental Expense SAFETY NETWORK TRAFFIC SIGNS 518.73 18654 12/17/2021 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK TRAFFIC SIGNS 294.69 18654 12/17/2021 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK TRAFFIC SIGNS 165.92 Check Total: 2,229.83
18655 12/17/2021 Internal Service Fund Professional Services SERVICEMASTER/MELIN ENTERPRISES 300.00 Check Total: 300.00
18656 12/17/2021 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRIC 360.00 Check Total: 360.00
18657 12/17/2021 General Fund Professional Services STERICYCLE, INC. 34.42 Check Total: 34.42
18658 12/17/2021 1,2,3-TCP Fund TCP Remediation Project SUN VALLEY PORTABLE RESTROOMS INC. 1,225.00 Check Total: 1,225.00
18659 12/17/2021 General Fund Professional Services SUNBELT RENTALS 234.80 Check Total: 234.80
18660 12/17/2021 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 968.35 18660 12/17/2021 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 968.35 Check Total: 1,936.70
18661 12/17/2021 Sewer Enterprise Fund Professional Services SWRCB FEES 3,326.00 18661 12/17/2021 Sanitation Enterprise Professional Services SWRCB FEES 4,262.00 Check Total: 7,588.00
18662 12/17/2021 Water Enterprise Fund Special Departmental Expense SYAR INDUSTRIES, INC 1,018.65 18662 12/17/2021 Sewer Enterprise Fund Special Departmental Expense SYAR INDUSTRIES, INC 1,018.66 AP-Checks for Approval (l 2/l 7 /2021 - 1: 13 PM) Page 9
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,037.31
18663 12/17/2021 Water Fund Capital Replacement Project Retention TECHNO COATINGS, INC. -4,413.62 18663 12/17/2021 Water Fund Capital Replacement Water Tower Painting TECHNO COATINGS, INC. 88,272.50 Check Total: 83,858.88
18664 12/17/202 l General Fund Training THE GUSTINE POLICE DEPARTMENT 525.00 Check Total: 525.00
18665 12/17/2021 Public Safety Trans & Use Tax Professional Services THE LEW EDWARDS GROUP 6,000.00 Check Total: 6,000.00
18666 12/17/2021 Internal Service Fund Operations & Maintenance TIRE DISTRIBUTION SYSTEMS INC. 122.40 18666 12/17/2021 Internal Service Fund Professional Services TIRE DISTRIBUTION SYSTEMS INC. 218.00 18666 12/17/2021 Internal Service Fund Operations & Maintenance TIRE DISTRIBUTION SYSTEMS INC. 1,353.68 ---
Check Total: 1,694.08 -
18667 12/17/2021 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 6,356.09 ---
Check Total: 6,356.09
18668 12/17/2021 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 18668 12/17/2021 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 66.00 -
18669 12/17/2021 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 156.94 Check Total: 156.94
18670 12/17/2021 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,299.00 18670 12/17/2021 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 626.06 18670 12/17/2021 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,527.59 Check Total: 4,452.65
18671 12/17/2021 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 3,000.00 Check Total: 3,000.00
18672 12/17/2021 General Fund Communications VERIZON WIRELESS 805.81 18672 12/17/2021 General Fund Communications VERIZON WIRELESS 1,033.91 18672 12/17/2021 Public Safety Trans & Use Tax Communications VERIZON WIRELESS 111.59 18672 12/17/2021 Abandoned Yeh Abatement Fund Communications VERIZON WIRELESS 220.99 18672 12/17/2021 General Fund Communications VERIZON WIRELESS 139.39 18672 12/17/2021 General Fund Miscellaneous VERIZON WIRELESS 354.83 AP-Checks for Approval (12/17/2021- 1:13 PM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18672 12/17/2021 General Fund Miscellaneous VERIZON WIRELESS 40.01 18672 12/17/2021 General Fund Communications VERJZON WIRELESS 101.38 18672 12/17/2021 General Fund Communications VERIZON WIRELESS 50.69 18672 12/17/2021 General Fund Communications VERIZON WIRELESS 152.07 18672 12/17/2021 General Fund Communications VERIZON WIRELESS 50.69 18672 12/17/2021 Gas Tax/Street Improvement Communications VERIZON WIRELESS 243.29 18672 12/17/2021 Water Enterprise Fund Communications VERIZON WIRELESS 307.58 18672 12/17/2021 Sewer Enterprise Fund Communications VERIZON WIRELESS 459.29 18672 12/17/2021 Sanitation Enterprise Communications VERIZON WIRELESS 50.69 18672 12/17/2021 Internal Service Fund Communications VERIZON WIRELESS 50.69 18672 12/17/2021 Internal Service Fund Communications VERIZON WIRELESS l O 1.38 18672 12/17/2021 Information Technology Fund Communications VERIZON WIRELESS 51.21 18672 12/17/2021 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.03 18672 12/17/2021 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.05 18672 12/17/2021 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.21 18672 12/17/2021 Internal Service Fund Utilities VERIZON WIRELESS 109.39 Check Total: 4,553.17 .-
18673 12/17/2021 1,2,3-TCP Fund TCP Remediation Project W.M. LYLES COMPANY -3,109.18 18673 12/17/2021 1,2,3-TCP Fund TCP Remediation Project W.M. LYLES COMPANY 62,183.57 18673 12/17/2021 1,2,3-TCP Fund Project Retention W.M. LYLES COMPANY -30,221.29 18673 12/17/2021 1,2,3-TCP Fund TCP Remediation Project W.M.LYLESCOMPANY 604,425.72 18673 12/17/2021 Sewer Enterprise Fund Professional Services W.M. LYLES COMPANY 58,062.00 Check Total: 691,340.82 ...-
18674 12/17/2021 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 20.57 Check Total: 20.57
18675 12/17/2021 Internal Service Fund Operations & Maintenance LORI WATERMAN 72.50 Check Total: 72.50
18676 12/17/2021 General Fund Special Departmental Expense WINTON HARDWARE 15.25 18676 12/17/2021 Sewer Enterprise Fund Small Tools WINTON HARDWARE 26.93 18676 12/17/2021 Sewer Enterprise Fund Uniform & Clothing Expense WINTON HARDWARE 17.23 Check Total: 59.41
18677 12/17/2021 General Fund Special Departmental Expense RUDY YBARRA JR. 1,279.20 Check Total: 1,279.20
AP-Checks for Approval (12/17/2021 - I: 13 PM) Page II
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Report Total: 1,112,344.51
AP-Checks for Approval (12/17/2021 - I: 13 PM) Page 12
WARRANTS SUMMARY FOR JANUARY 10, 2022
TOTAL OF WARRANTS (FROM WARRANT REPORT)
ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) I s 1,628,s3s.o9 I
DATE DESCRIPTION AMOUNT
12/21/20211Prewrittens included in this current warrant run. 12/21/2021 AFLAC- DECEMBER 2021
12/22/2021 PERS Retirement EFT 11/25/21-12/8/21
12/30/2021 PERS Retirement EFT 12/9/21-12/22/21
12/28/2021 Retiree Medical Reimbursement- JANUARY 2022
11/1/2021 Dental Claims/Admin. JULY-NOVEMBER 2021
1/4/2022 PERS Health - JANUARY 2022
TOTAL ADDITIONAL WARRANTS
$ (3,748.31)
$ 773.07
$ 47,990.74
$ 45,023.30
$28,655.04
$ 41,481.26
$85,468.04
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $ 245,643.14
$1,874,178.23
I INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) !DATE I DESCRIPTION {AMOUNT
12/16/2021 Net Payroll
12/16/2021 Federal Taxes
12/16/2021 State Taxes
12/16/2021 Payroll Deductions
$312,226.75 $416,219.60
$91,406.22
$12,586.63
$949.06
TOTAL INFORMATIONAL WARRANTS
12/29/2021 Net Payroll
12/29/2021 Federal Taxes
12/29/2021 State Taxes
12/29/2021 Payroll Deductions
TOTAL INFORMATIONAL WARRANTS
$417,168.66
$155,635.33 $209,158.63
$47,130.85
$6,392.45
$160.00
$209,318.63
,~
CITY TREAS
~
URER
Accounts Payable
Checks for Approval
User:
Printed:
jdaniel
1/5/2022 - 9:51 AM
~ft\(){, ~03,, A
Cityof
hvater
C ornrnaniry Pride Cil_1,
760 Bellevue Rooo, .I\JJAlater GA 963Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18678 12/21/2021 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 714.06 Check Total: 714.06
18679 12/21/2021 General Fund Garnishments FRANCHISE TAX BOARD 235.00 Check Total: 235.00
18680 12/29/2021 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 1,679.46 ---
Check Total: 1,679.46
18681 12/29/2021 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 256.37 Check Total: 256.37
18682 12/29/2021 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 676.23 Check Total: 676.23
18683 12/29/2021 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 27.19 Check Total: 27.19
18684 12/29/2021 General Fund Garnishments FRANCHISE TAX BOARD 160.00 Check Total: 160.00
---
---
Report Total: 3,748.31
AP-Checks for Approval (1/5/2022 - 9:51 AM) Page I
' l,
Accounts Payable
Checks for Approval
User:
Printed:
jdaniel
1/5/2022 • 9:48 AM
Attv'ater
Ii
760 Bellevue R.oOO. ~ GA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 01/10/2022 General Fund Capital City Bldg• Civic Center #1 TRANSCOUNTYTITLE CO. 579,254.16 0 01/10/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 80,416.67 0 01/10/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 52,916.67 0 01/10/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 195,361.46 0 01/10/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 42,147.40 0 01/10/2022 Risk Management Fund Worker's Compensation CENTRAL SAN JOAQUIN VALLEY RMA 120,644.00 0 01/10/2022 Risk Management Fund Liability & Property Ins CENTRAL SAN JOAQUIN VALLEY RMA 79,317.00 Check Total: I, 150,057.36
18685 01/10/2022 Water Enterprise Fund Professional Services ABS PRESORT, INC. 682.41 18685 01/10/2022 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 682.41 18685 01/10/2022 Sanitation Enterprise Professional Services ABS PRESORT, INC. 682.41 18685 01/10/2022 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,166.67 18685 01/10/2022 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,166.67 18685 01/10/2022 Sanitation Enterprise Office Supplies ABS PRESORT, INC. 1,166.66 Check Total: 5,547.23 --
18686 01/10/2022 Internal Service Fund Special Departmental Expense ADVANCED HEATING & AIR 1,331.48 18686 01/10/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR 380.00 Check Total: 1,711.48
18687 01/10/2022 General Fund Special Departmental Expense AIRGAS USA, LLC 111.10 Check Total: 111.10
18688 01/10/2022 Sanitation Enterprise Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 252,761.04 Check Total: 252,761.04
18689 01/10/2022 General Fund Special Departmental Expense ALLSTAR FIRE EQUIPMENT, INC. 126.56 Check Total: 126.56
18690 0 I /I 0/2022 Water Enterprise Fund Accounts Payable DONALD ALVAREZ 45.96 18690 01/10/2022 Sewer Enterprise Fund Accounts Payable DONALD ALVAREZ 58.28 AP-Checks for Approval (1/5/2022 · 9:48 AM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18690 01/10/2022 Sanitation Enterprise Accounts Payable DONALD ALVAREZ 6.67 18690 01/10/2022 Sanitation Enterprise Accounts Payable DONALD ALVAREZ 21.38 Check Total: 132.29
18691 01/10/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 12.98 18691 01/10/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 18.14 18691 01/10/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 42.86 18691 01/10/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 193.75 18691 01/10/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.59 18691 01/10/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.59 18691 01/10/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 36.36 18691 01/10/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 110.25 18691 01/10/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 920.11 18691 01/10/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 42.30 18691 01/10/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 45.42 18691 01/10/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 257.64 18691 0 I /I 0/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 257.64 18691 01/10/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 467.63 18691 01/10/2022 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 17.64 18691 01/10/2022 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 17.64 18691 01/10/2022 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 54.02 18691 01/10/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 32.44 18691 01/10/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 23.88 18691 01/10/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 129.85 Check Total: 2,733.73 -
18692 01/10/2022 Water Enterprise Fund Special Departmental Expense APPLIED INDUSTRIAL TECH. 675.03 Check Total: 675.03 --
18693 01/10/2022 Internal Service Fund Professional Services ASSOCIATES LOCK 61.24 18693 01/10/2022 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK 31.55 Check Total: 92.79
18694 01/10/2022 General Fund Communications AT and T - CALNET3 124.95 18694 01/10/2022 Northwood Village LD Communications AT and T - CALNET3 22.91 18694 01/10/2022 Meadow View LD Communications AT and T - CALNET3 22.91 18694 01/10/2022 Water Enterprise Fund Communications AT and T - CALNET3 250.32 18694 01/10/2022 Sewer Enterprise Fund Communications AT and T - CALNET3 343.46 18694 01/10/2022 Internal Service Fund Communications AT and T - CALNET3 542.86 Check Total: 1,307.41
18695 01/10/2022 Sewer Enterprise Fund Professional Services THE BANK OF NEW YORK MELLON 2,300.00 AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,300.00
18696 01/10/2022 Inte'i-nal Service Fund Professional Services BARTON OVERHEAD DOOR 160.00 18696 01/10/2022 Internal Service Fund Professional Services BARTON OVERHEAD DOOR 160.00 Check Total: 320.00
18697 01/10/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 5.61 18697 01/10/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 7.75 18697 01/10/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 38.60 18697 01/10/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 109.07 Check Total: 161.03
18698 01/10/2022 Water Enterprise Fund Professional Services BLACK WATER CONSULTING ENGINEERING, 289.75 Check Total: 289.75
18699 01/10/2022 Water Enterprise Fund Accounts Payable BURRIS CONSTRUCTION, INC. 9.91 Check Total: 9.91
18700 01/10/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CAL FARM SERVICES 48.49 18700 01/10/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 30.15 18700 01/10/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 355.09 18700 01/10/2022 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 60.00 18700 01/10/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 333.68 18700 01/10/2022 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 360.00 18700 01/10/2022 General Fund Special Departmental Expense CAL FARM SERVICES 82.97 Check Total: 1,270.38
18701 01/10/2022 General Fund Professional Services CASEY RECORDS MANAGEMENT 328.00 Check Total: 328.00
18702 01/10/2022 General Fund Uniform & Clothing Expense CINTAS 16.61 18702 01/10/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 42.06 18702 01/10/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 455.11 18702 01/10/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 97.97 18702 01/10/2022 Sanitation Enterprise Uniform & Clothing Expense CINTAS 9.64 18702 01/10/2022 Internal Service Fund Special Departmental Expense CINTAS 35.49 18702 01/10/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 30.04 18702 01/10/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 24.96 18702 01/10/2022 General Fund Uniform & Clothing Expense CINTAS 8.05 18702 01/10/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 21.03 18702 01/10/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 41.83 18702 01/10/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 48.61 AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18702 01/10/2022 Sanitation Enterprise Uniform & Clothing Expense CINTAS 4.82 18702 01/10/2022 Internal Service Fund Special Departmental Expense CINTAS 17.75 18702 01/10/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 18702 01/10/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 12.48 Check Total: 881.47 -
18703 01/10/2022 Sewer Enterprise Fund Machinery & Equipment CLIPPER CONTROLS INC. 7,555.44 ---
Check Total: 7,555.44
18704 01/10/2022 Internal Service Fund Communications COMCAST CABLE 152.19 18704 01/10/2022 Internal Service Fund Communications COMCAST CABLE 13.20 Check Total: 165.39
18705 01/10/2022 Internal Service Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 78.44 Check Total: 78.44
18706 01/10/2022 General Fund Professional Services COVANTA ENERGY, LLC 168.90 Check Total: 168.90
18707 01/10/2022 General Fund Professional Services CSG CONSULTANTS, INC. 6,500.00 18707 01/10/2022 General Fund Inspection Fees CSG CONSULTANTS, INC. 3,967.50 18707 01/10/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 245.00 Check Total: 10,712.50
18708 01/10/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 32.69 Check Total: 32.69
18709 01/10/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 15.86 Check Total: 15.86
18710 01/10/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 13.87 Check Total: 13.87
18711 01/10/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 15.86 Check Total: 15.86
18712 01/10/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 3.97 18712 01/10/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 3.97 Check Total: 7.94
18713 01/10/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 69.37 AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 4
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 69.37
18714 01/10/2022 General Fund Accounts Payable DABOUTINC 2.00 18714 01/10/2022 Water Enterprise Fund Accounts Payable DABOUTINC 228.18 Check Total: 230.18
18715 01/10/2022 Water Enterprise Fund Accounts Payable JEFFERY DAVIDSON 136.17 18715 01/10/2022 Sewer Enterprise Fund Accounts Payable JEFFERY DAVIDSON 4.45 18715 01/10/2022 Sanitation Enterprise Accounts Payable JEFFERY DAVIDSON 0.51 18715 01/10/2022 Sanitation Enterprise Accounts Payable JEFFERY DAVIDSON 1.63 Check Total: 142.76
18716 01/10/2022 Sewer Enterprise Fund Special Departmental Expense DOM'S ELECTRIC MOTOR SHOP 10.78 18716 01/10/2022 Sewer Enterprise Fund Professional Services DOM'S ELECTRIC MOTOR SHOP 200.00 Check Total: 210.78 ~
18717 01/10/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 71.45 Check Total: 71.45
18718 01/10/2022 Water Enterprise Fund Accounts Payable LUKE ELROD 47.96 Check Total: 47.96
18719 01/10/2022 Water Enterprise Fund Accounts Payable EVEREST ESTRADA 61.68 Check Total: 61.68
18720 01/10/2022 General Fund Training EVIDENCE MANAGEMENT FOR LAW ENFORC 185.00 Check Total: 185.00 -
18721 01/10/2022 Sewer Enterprise Fund Small Tools FASTENAL COMPANY 249.09 18721 01/10/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 24.11 18721 01/10/2022 Internal Service Fund Operations & Maintenance FASTENAL COMPANY 41.54 18721 0l/l0/2022 Internal Service Fund Operations & Maintenance FASTENAL COMPANY 46.29 Check Total: 361.03 ~
18722 01/10/2022 Water Enterprise Fund Accounts Payable JEAN-PHILLIPE FAVIER 3.97 18722 01/10/2022 Sewer Enterprise Fund Accounts Payable JEAN-PHILLIPE FAVIER 4.45 18722 01/10/2022 Sanitation Enterprise Accounts Payable JEAN-PHILLIPE FAVIER 1.63 18722 01/10/2022 Sanitation Enterprise Accounts Payable JEAN-PHILLIPE FAVIER 0.51 Check Total: 10.56
18723 01/10/2022 Water Fund Capital Replacement Hydrant Replacement FERGUSON ENTERPRISES INC. #690 4,792.53 AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18723 01/10/2022 Water Fund Capital Replacement Hydrant Replacement FERGUSON ENTERPRISES INC. #690 4,453.66 Check Total: 9,246.19 ,...
18724 01/10/2022 General Fund Accounts Payable NORMA FIGUEROA 2.00 18724 01/10/2022 Water Enterprise Fund Accounts Payable NORMA FIGUEROA 143.76 Check Total: 145.76
18725 01/10/2022 Water Enterprise Fund Accounts Payable TIMOTHY GOLLMYER 145.39 Check Total: 145.39
18726 01/10/2022 General Fund Training GOVERNMENT TRAINING AGENCY 525.00 Check Total: 525.00 ,,-
18727 01/10/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 43.19 Check Total: 43.19 -
18728 01/10/2022 Water Enterprise Fund Accounts Payable HOMERO HERNANDEZ 145.39 Check Total: 145.39 -
18729 01/10/2022 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 1,518.75 Check Total: 1,518.75
18730 01/10/2022 Water Enterprise Fund Accounts Payable JANICE JARRETT 1.98 18730 01/10/2022 Sewer Enterprise Fund Accounts Payable JANICE JARRETT 2.22 18730 01/10/2022 Sanitation Enterprise Accounts Payable JANICE JARRETT 0.25 18730 0 I /I 0/2022 Sanitation Enterprise Accounts Payable JANICE JARRETT 0.82 Check Total: 5.27
18731 01/10/2022 General Fund Special Departmental Expense JOHN DEERE FINANCIAL 62.26 Check Total: 62.26 -
18732 01/10/2022 Internal Service Fund Special Departmental Expense JOHNSTONE SUPPLY 132.76 Check Total: 132.76 -
18733 01/10/2022 Internal Service Fund Professional Services JORGENSEN COMPANY 237.60 Check Total: 237.60
18734 01/10/2022 Internal Service Fund Operations & Maintenance KELLOGG'S SUPPLY 163.31 18734 01/10/2022 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 234.69 18734 01/10/2022 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 250.70 18734 01/10/2022 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 454.63 AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18734 01/10/2022 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 1.07 Check Total: 1,104.40
18735 01/10/2022 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 22.00 Check Total: 22.00
18736 01/10/2022 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 291.18 18736 01/10/2022 Sewer Enterprise Fund Uniform & Clothing Expense LAWSON PRODUCTS 330.81 Check Total: 621.99
18737 01/10/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 311.02 Check Total: 311.02 ,...
18738 01/10/2022 Sewer Enterprise Fund Professional Services MERCED FENCE COMPANY 7,424.00 18738 01/10/2022 Sewer Enterprise Fund Professional Services MERCED FENCE COMPANY 420.00 Check Total: 7,844.00 ,..
18739 01/10/2022 General Fund Utilities MERCED IRRIGATION DISTRICT 605.23 18739 01/10/2022 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 622.71 18739 01/10/2022 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 166.39 18739 01/10/2022 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.67 18739 01/10/2022 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 402.98 18739 01/10/2022 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 50.48 18739 01/10/2022 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 55.46 18739 01/10/2022 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 27.64 18739 01/10/2022 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 55.46 18739 01/10/2022 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 272.41 18739 01/10/2022 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRlCT 16.82 18739 01/10/2022 America West LD Utilities MERCED IRRIGATION DISTRICT 122.83 18739 01/10/2022 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 272.17 18739 01/10/2022 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 16.82 18739 01/10/2022 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 340.35 18739 01/10/2022 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 520.04 18739 01/10/2022 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 675.55 18739 01/10/2022 Aspenwood LD Utilities MERCED IRRIGATION DISTRlCT 209.97 18739 01/10/2022 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 283.82 18739 01/10/2022 Applegate Ranch Lndscp Utilities MERCED IRRlGATION DISTRICT 16.82 18739 01/10/2022 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRlCT 302.42 18739 01/10/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRlCT 585.00 18739 01/10/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 4,372.25 Check Total: 10,110.29
--
AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 49.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 18740 01/10/2022 Internal Service Fund Operations & Maintenance MSC SOLUTIONS, INC. 39.75 Check Total: 487.00 .-
18741 01/10/2022 General Fund Special Departmental Expense OCCUTEST 400.00 18741 01/10/2022 General Fund Special Departmental Expense OCCUTEST 100.00 18741 01/10/2022 Internal Service Fund Professional Services OCCUTEST 65.00 Check Total: 565.00
18742 01/10/2022 Water Enterprise Fund Accounts Payable NOELIA OCHOA 182.16 18742 01/10/2022 Sewer Enterprise Fund Accounts Payable NOELIA OCHOA 40.03 18742 01/10/2022 Sanitation Enterprise Accounts Payable NOELIA OCHOA 4.58 18742 01/10/2022 Sanitation Enterprise Accounts Payable NOELIA OCHOA 14.69 Check Total: 241.46
18743 01/10/2022 General Fund Office Supplies THE OFFICE CITY 94.85 18743 01/10/2022 General Fund Office Supplies THE OFFICE CITY 47.42 Check Total: 142.27
18744 01/10/2022 Water Enterprise Fund Accounts Payable JULIA OLAETA 21.15 18744 01/10/2022 Sewer Enterprise Fund Accounts Payable JULIA OLAETA 31.13 18744 01/10/2022 Sanitation Enterprise Accounts Payable JULIA OLAETA 3.56 18744 01/10/2022 Sanitation Enterprise Accounts Payable JULIA OLAETA 11.42 Check Total: 67.26
18745 01/10/2022 Water Enterprise Fund Accounts Payable GREGORY OLZACK 28.06 18745 0 l/10/2022 Sewer Enterprise Fund Accounts Payable GREGORY OLZACK 35.58 18745 01/10/2022 Sanitation Enterprise Accounts Payable GREGORY OLZACK 13.06 18745 01/10/2022 Sanitation Enterprise Accounts Payable GREGORY OLZACK 4.07 Check Total: 80.77
18746 01/10/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 29.21 AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 8
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18746 01/10/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 17.30 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 77.62 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 32.44 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 25.07 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 198.13 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 76.08 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -278.11 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 102.72 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 42.15 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 8.30 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 27.18 18746 01/10/2022 Internal Service Fund Small Tools O'REILLY AUTO PARTS 259.79 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 79.01 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 284.28 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 225.53 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -454.66 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 10.45 18746 01/10/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 9.73 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -71.12 18746 01/10/2022 Internal Service Fund Small Tools O'REILLY AUTO PARTS 25.97 18746 01/10/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -203.63 18746 01/10/2022 Internal Service Fund Small Tools O'REILLY AUTO PARTS 45.44 18746 01/10/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 46.03 Check Total: 614.91
18747 01/10/2022 Sewer Enterprise Fund Special Departmental Expense PAC MACHINE CO. 1,119.20 Check Total: 1,119.20
18748 01/10/2022 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 625.00 18748 01/10/2022 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 1,100.00 18748 01/10/2022 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 144.00 18748 01/10/2022 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 144.00 18748 01/10/2022 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 680.00 18748 01/10/2022 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 144.00 18748 01/10/2022 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 1,540.00 18748 01/10/2022 Water Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 144.00 Check Total: 4,521.00
18749 01/10/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 1,127.13 18749 01/10/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 211.89 18749 01/10/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 200.89 18749 01/10/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 1,833.97 18749 01/10/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 2,273.96 AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 9
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18749 01/10/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 289.00 18749 01/10/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 1,426.86 18749 01/10/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 985.56 18749 01/10/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 87.78 18749 01/10/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 15,142.59 18749 0l/l0/2022 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 618.21 18749 01/10/2022 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 104.14 18749 01/10/2022 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 46.35 18749 01/10/2022 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 9.95 18749 01/10/2022 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 32.99 18749 01/10/2022 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 10.91 18749 01/10/2022 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 1,113.54 18749 01/10/2022 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 133.35 18749 01/10/2022 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 701.57 18749 01/10/2022 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 17.90 18749 01/10/2022 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 15.91 18749 01/10/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 34,620.14 18749 01/10/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 3,299.68 18749 01/10/2022 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 4,301.03 18749 01/10/2022 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 14.48 18749 01/10/2022 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 603.29 18749 01/10/2022 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 53.85 Check Total: 69,276.92
18750 01/10/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 29.23 Check Total: 29.23
18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.5I 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 326.70 18751 0 I /10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 344.56 18751 0l/l0/2022 General Fund Rents & Leases RAY MORGAN COMPANY 33.19 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 31.10 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 45.25 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 522.25 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 347.10 18751 0 l/l0/2022 General Fund Rents & Leases RAY MORGAN COMPANY 26.67 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 34.23 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 173.74 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 174.11 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 393.40 18751 01/10/2022 General Fund Rents & Leases RAY MORGAN COMPANY 278.69 18751 01/10/2022 Water Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18751 01/10/2022 Sewer Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 Check Total: 3,030.49
18752 01/10/2022 Water Enterprise Fund Accounts Payable DIANE ROBINSON 31.35 18752 01/10/2022 Sewer Enterprise Fund Accounts Payable DIANE ROBINSON 35.95 18752 01/10/2022 Sanitation Enterprise Accounts Payable DIANE ROBINSON 4.11 18752 01/10/2022 Sanitation Enterprise Accounts Payable DIANE ROBINSON 11.52 Check Total: 82.93 ..--
18753 01/10/2022 General Fund Professional Services ROLFE CONSTRUCTION 18,037.00 ---
Check Total: 18,037.00
18754 01/10/2022 Water Enterprise Fund Accounts Payable RONALD ROUSE 29.81 18754 01/10/2022 Sewer Enterprise Fund Accounts Payable RONALD ROUSE 37.81 18754 01/10/2022 Sanitation Enterprise Accounts Payable RONALD ROUSE 4.32 18754 01/10/2022 Sanitation Enterprise Accounts Payable RONALD ROUSE 10.99 Check Total: 82.93
18755 01/10/2022 Gas Tax/Street Improvement Special Departmental Expense SAFE- T-LITE 324.75 Check Total: 324.75
18756 01/10/2022 Water Enterprise Fund Accounts Payable SURESH SARVEPALLI 59.46 18756 01/10/2022 Sewer Enterprise Fund Accounts Payable SURESH SARVEPALLI 66.72 18756 01/10/2022 Sanitation Enterprise Accounts Payable SURESH SARVEPALLI 24.48 18756 01/10/2022 Sanitation Enterprise Accounts Payable SURESH SARVEPALLI 7.63 Check Total: 158.29 r
18757 01/10/2022 Water Enterprise Fund Accounts Payable MANJINDER SINGH 38.16 18757 01/10/2022 Sewer Enterprise Fund Accounts Payable MANJINDER SINGH 42.80 18757 01/10/2022 Sanitation Enterprise Accounts Payable MANJINDER SINGH 15.71 18757 01/10/2022 Sanitation Enterprise Accounts Payable MANJINDER SINGH 4.88 Check Total: I 01.55 ,-
18758 01/10/2022 Water Enterprise Fund Accounts Payable RAJINDER SINGH 150.94 Check Total: 150.94
18759 01/10/2022 General Fund Special Departmental Expense SUN RIDGE SYSTEMS 1,894.00 Check Total: 1,894.00
18760 01/10/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 972.84 18760 01/10/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 972.84 AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 11
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18760 01/10/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 972.84 18760 01/10/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 598.55 18760 01/10/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 401.28 Check Total: 3,918.35 -
18761 01/10/2022 Water Enterprise Fund Professional Services SWRCB FEES 23,343.46 Check Total: 23,343.46
18762 01/10/2022 Gas Tax/Street Improvement Special Departmental Expense SYAR INDUSTRIES, INC 506.61 Check Total: 506.61
18763 01/10/2022 Water Enterprise Fund Special Departmental Expense TARGET SPECIALTY PRODUCTS 787.86 Check Total: 787.86
18764 01/10/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 2,640.72 18764 01/10/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 6,913.92 18764 01/10/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 2,559.36 18764 01/10/2022 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,235.28 ---
Check Total: 13,349.28
18765 01/10/2022 General Fund Special Departmental Expense TRACE ANALYTICS, INC. 23.20 Check Total: 23.20
18766 01/10/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 976.37 18766 01/10/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 117.58 Check Total: 1,093.95 -
18767 01/10/2022 Internal Service Fund Operations & Maintenance VAN DE POL 6,938.12 Check Total: 6,938.12
18768 01/10/2022 General Fund Communications VERIZON WIRELESS 560.14 Check Total: 560.14
18769 01/10/2022 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 48.44 18769 01/10/2022 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 13.99 Check Total: 62.43
Report Total: 1,624,786.78
AP-Checks for Approval (1/5/2022 - 9:48 AM) Page 12
STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 10/31/2021
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 4,526,878.02 1,057,342.07 840,437.81 4,743,782.28 0003 General Fund Capital 674,456.52 53,680.42 32,127.64 696,009.30 0004 Public Safety Trans & Use Tax 762,042.15 243,352.67 91,744.55 913,650.27 0005 Ferrari Ranch Project Fund 21,062.00 0.00 0.00 21,062.00 0007 Measure V Fund 2,597,840.40 64,287.50 0.00 2,662,127.90 0008 Measure V 20% Alternative Modes 389,597.20 20,965.92 9,742.43 400,820.69 0009 Abandoned Veh Abatement Fund (2,850.18) 0.00 1,398.68 (4,248.86) 0010 Measure V Regional Fund (30,592.33) 0.00 90.00 (30,682.33) 1005 Police Grants Fund 87,602.02 0.00 0.00 87,602.02
1010 ARPA-American Rescue Plan Act 3,535,571.00 0.00 0.00 3,535,571.00 1011 Gas Tax/Street Improvement 158,510.53 0.00 56,761.12 101,749.41 1013 Local Transportation Fund 584,518.15 0.00 0.00 584,518.15 1015 Traffic Circulation Fund 1,531,946.08 0.00 0.00 1,531,946.08 1016 Applegate Interchange 766,734.13 0.00 0.00 766,734.13 1017 RSTP-Regional Surface Transp Prag 2,320,483.02 0.00 0.00 2,320,483.02 1018 SB1-Road Maint & Rehab RMRA 1,634,143.39 59,758.74 8,805.00 1,685,097.13 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,333,214.02 0.00 0.00 2,333,214.02 1040 General Plan Update-Housing Element 0.00 0.00 0.00 0.00 1041 General Plan Update Fund 350,000.52 0.00 0.00 350,000.52 1050 Buhach Colony High School 230,823.21 0.00 0.00 230,823.21 1055 Neighborhood Stabilization 220,298.85 0.00 0.00 220,298.85 1059-78 Housing Grant Funds 540,738.31 70,000.00 0.00 610,738.31 1091 Police Facility Impact Fee 202,722.86 0.00 0.00 202,722.86 3064-67 Redevelopment/Successor Agency Funds 1,770,491.13 868.31 3,545.00 1,767,814.44 4020 Performance Bond Trust 219,002.70 0.00 0.00 219,002.70 4030 Narcotics Program Trust 2,068.46 0.00 0.00 2,068.46 4060 Section 125 Medical 2,829.92 124.00 0.00 2,953.92
4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00
4080 Pension Rate Stblztn 115 Trust 226,343.16 3,730.43 0.00 230,073.59
STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 10/31/2021
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
4090 CFO No. 1 Trust 130,624.75 0.00 0.00 130,624.75
5001-55 All Maintenance Districts 1,508,923.00 0.00 15,783.87 1,493,139.13 5050 CFO Districts (152,170.88) 0.00 55,340.93 (207,511.81) 6000 Water Enterprise Fund 6,004,831.96 631,810.78 178,404.28 6,458,238.46 6001 Water Fund Capital Replacement 4,126,610.19 0.00 543,770.54 3,582,839.65 6002 DBCP Settlement 20,514.98 0.00 0.00 20,514.98
6004 Water Well- Buhach Colony 183,342.18 0.00 0.00 183,342.18 6005 Water Capital Impact Fees 2,393,189.00 0.00 0.00 2,393,189.00 6006 Water Operating Reserve Fund 179,774.04 0.00 0.00 179,774.04 6007 1,2,3-TCP Fund 27,828,318.33 0.00 5,665,220.92 22,163,097.41 6010 Sewer Enterprise Fund 16,874,324.73 813,386.04 970,696.11 16,717,014.66 6011 Sewer Fund Capital Replacement 3,480,241.08 0.00 0.00 3,480,241.08 6020 Sanitation Enterprise 2,549,385.35 368,589.11 523,220.75 2,394,753.71 7000 Internal Service Fund 523,169.56 2,405.35 114,550.24 411,024.67 7001 ISF Equipment/Bldg Replacement 0.00 0.00 0.00 0.00 7010 Employee Benefits Fund 761,060.48 5,893.60 60,375.98 706,578.10 7020 Risk Management 307,627.31 0.00 3,887.00 303,740.31 7030 Information Technology 268,416.42 0.00 36,151.62 232,264.80 9090 Accrued Interest Fund 52,332.41 53,972.21 33,804.04 72,500.58 TOTAL 93,137,645.60 3,450,167.15 9,245,858.51 87,341,954.24 Preparedby
'R
~
icardo Orozco
U, Accou~
ntant 1-
Approved by: ~:§::;:: _
Mark Borba, City Treasurer
Statement o:i Changes in Cash Balan~e
by Bank
As o:i 10/31/2021
Beg. Period Cash Cash End Period
Balance Debits Credits Balance
City- LAIF 62,493,000.24 38,781.42 7,000,000.00 55,531,781.66 City- RMA Long-Term Investment Fund 1,140,449.00 1,183.00 1,141,632.00 City Checking & Investment Accounts 6,096,069.03 (3,111,241.01) 1,520,203.28 1,464,624.74 Wastewater Checking 1,502.82 6,507,435.47 370,842.17 6,138,096.12 RA Obligation Retirement Fund 61,676.01 0.48 61,676.49
US Bank/Chandler Asset Mgt. 23,098,809.09 124,739.45 22,974,069.64 PARS Post-Employment Benefits Trust 446,139.41 14,007.79 230,073.61 230,073.59 Totals 93,137,645.60 3,450,167.15 9,245,858.51 87,341,954.24 Prepared by:_....,....~-----------------
Approved by:~~~=----
Mark Borba, City Treasurer
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.
The City of Atwater has the ability to meet its pooled expenditure requirements for the next six months.
City LAIF
Chandler Asset Mgt.
US Bank/Chandler Asset Mgt.
PARS Post-Emr;1loyment Benefits Trust
55,531,781.66
1,141,632.00
22,974,069.64
230,073.59
Bank Account Detail
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
1,688,928.65
6,138,096.12
61,676.49
CITY COUNCIL
AND
SUCCESSOR AGENCY TO THE
ATWATER REDEVELOPMENT AGENCY
ACTION MINUTES
December 13, 2021
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Creighton presiding.
ROLL CALL: (City Council)
Present: City Council Members Ambriz, Button, Raymond, Mayor Creighton
Absent: Mayor Pro Tem Cale
Staff Present: City Manager Waterman, City Attorney Splendorio, Deputy City Clerk Martin
CLOSED SESSION: (Conference Room A)
Mayor Creighton invited public comment on Closed Session items.
No one came forward to speak.
Mayor Creighton adjourned the meeting to Conference Room A for Closed Session at 5:32 PM. Closed Session was called to order at 5:37 PM.
CITY OF ATWATER
Minutes
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 2 Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of cases (2) Closed Session adjourned at 6:05 PM.
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater and the Governing Board of the Successor Agency to the Atwater Redevelopment Agency met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor/Chair Creighton presiding.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by Evelyn Quintero.
INVOCATION:
The Invocation was led by Police Chaplain Steve Mead.
ROLL CALL: (City Council/Governing Board)
Present: City Council Members/Board Members Ambriz, Button, Raymond, Mayor Pro Tem/Vice-Chair Cale, Mayor/Chair
Creighton
Absent: None
Staff Present: City Manager/Executive Director Waterman, City Attorney Splendorio, Deputy City Manager Del Real (via teleconference), CAL FIRE Battalion Chief Ayuso, Police Chief Salvador, Public Works/Community Development Director Thompson, Finance
Director/Treasurer Youmara, Information Technology Manager Lamerson (via teleconference), Recreation and Community Events Administrative Assistant Billings, Deputy City
Clerk/Secretary Martin
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
The agenda item under Ceremonial Matters, “Oath of Office – Police Officer” was postponed to the next regular City Council meeting of January 10, 2022. The agenda item under Ceremonial Matters, “Presentation of plaque to the Quintero Family for winning the Great Christmas Light Fight” will take place first before the “Oath of Office – Police Sergeant.”
MOTION: City Council Member/Board Member Button moved to approve the agenda as amended. The motion was seconded by Mayor Pro Tem/Vice-Chair
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 3 Cale and the
vote was: Ayes: Raymond, Ambriz, Button, Cale, Creighton; Noes: None;
Absent: None. The motion passed.
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported that the City Council considered two items of anticipated litigation. Staff was provided direction and no reportable action was taken. The Closed Session agenda was completed.
CEREMONIAL MATTERS:
Presentation of plaque to the Quintero Family for winning the Great Christmas Light Fight
Mayor/Chair Creighton congratulated and presented the plaque to the Quintero Family.
Oath of Office – Police Sergeant
Mayor/Chair Creighton administered the oath of office to the newly appointed Police Sergeant Lorin Mann.
Oath of Office – Police Officer
This item was postponed to the next regular City Council meeting of January 10, 2022.
Mayor/Chair Creighton called a recess at 6:31 PM.
The City Council returned to the dais and Mayor/Chair Creighton resumed the meeting at 6:37 PM.
PRESENTATIONS:
Tobacco Retail Licensing and Flavored Tobacco Products (Dr. Eric Cheung, Atwater Family Dental)
Dr. Eric Cheung, Atwater Family Dental, spoke regarding Tobacco Retail Licensing and the increased tobacco usage in today’s youth.
CONSENT CALENDAR:
Agenda item #13 under Agreements, “Approving Use Agreement with Atwater Little League regarding use of City fields for organized baseball, softball, and Tball activities,” was removed from the Consent Calendar for separate discussion and possible action.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 4 MOTION: City Council Member/Board Member Raymond moved to approve the Consent Calendar as amended. The motion was seconded by City Council Member/Board Member Ambriz and the vote was: Ayes: Cale, Button, Raymond, Ambriz, Creighton; Noes: None; Absent: None. The motion passed.
WARRANTS:
1. a) November 22, 2021
b) December 13, 2021
ACTION: Approval of warrants as listed.
MINUTES: (City Council)
2. November 15, 2021 – Special meeting
ACTION: Approval of minutes as listed.
MINUTES: (Planning Commission)
3. October 20, 2021 – Regular meeting
ACTION: Acceptance of minutes as listed.
RESOLUTIONS:
4. Making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater (City Attorney Splendorio)
ACTION: Adoption of Resolution No. 3272-21 making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater.
5. Amending Classification Plan and adopting Salary Schedule B-22, effective December 23, 2021 (City Manager Waterman and Deputy City Manager Del Real)
ACTION: Adoption of Resolution No. 3266-21 amending City of Atwater Classification Plan and adoption Salary Schedule B-22, effective December 23, 2021.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 5
6. Approving Budget Amendment establishing budget appropriation for Recreation and Community Events Department to allow customers to make online payments through Civic Rec (City Manager Waterman)
ACTION: Adoption of Resolution No. 3275-21 approving Budget Amendment No. 17 amending Fiscal Year 2021-22 Budget to establish a revenue and expense budget appropriation for $2,000 for the Recreation and Community Events Department to allow customers to make online payments through Civic Rec.
7. Considering Opting into Settlement Agreements with opioid distributors Amerisource Bergen, Cardinal Health, and Mckeeson, and opioid manufacturer Janssen (City Manager Waterman)
ACTION: Adoption of Resolution No. 3271-21 opting into Settlement Agreements with opioid distributors Amerisource Bergen, Cardinal Health, and McKesson, and opioid manufacturer Janssen (owned by Johnson and Johnson), whereby the County of Merced will receive the City’s designated share of settlement funds; and authorizes and directs the City Manager to execute any documents necessary to implement the action.
8. Adopting Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2022-23 (Treasurer of the Successor Agency Youmara) ACTION: Adoption of Resolution No. SA 2021-2 adopting the Recognized Obligation Payment Schedule 22-23 for the July 1, 2022 through June 30, 2023 period and adopting the Administrative Budget for Fiscal Year 2022-23.
9. Approving Professional Services Agreement with RSG, Inc. for Successor Agency consulting services for Fiscal Year 2022-23 (Treasurer of the Successor Agency Youmara)
ACTION: Adoption of Resolution No. SA 2021-3 approving a Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc. in the amount not to exceed $25,000.00 for Successor Agency consulting services for Fiscal Year 2022-23; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.
10. Authorizing Submittal of Grant Application to San Joaquin Valley Air Pollution Control District’s Emergency Vehicle Replacement Program for Type I Fire Engine/Pumper (CAL FIRE Battalion Chief Ayuso)
ACTION: Adoption of Resolution No. 3270-21 authorizing submittal of a grant application to the San Joaquin Valley Air Pollution Control District’s Emergency Vehicle Replacement Program Grant; and authorizes and directs the City Manager, or her designee, to sign the grant application and implement the reimbursement project on behalf of the City.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 6
11. Authorizing Submittal of Grant Application to Department of Homeland Security’s Assistance to Firefighters Grant for Mobile Air Unit Trailer (CAL FIRE Battalion Chief Ayuso)
ACTION: Adoption of Resolution No. 3273-21 authorizing submittal of a grant application to the Department of Homeland Security’s Assistance to Firefighters Grant for a Mobile Air Unit Trailer; and authorizes and directs the City Manager, or her designee, to sign the grant application and implement the reimbursement project on behalf of the City.
12. Establishing General Plan Technical Advisory Committee to assist with update to City of Atwater General Plan (Public Works/Community Development Director Thompson)
ACTION: Adoption of Resolution No. 3274-21 establishing a General Plan Technical Advisory Committee to assist with the update to the City of Atwater General Plan.
AGREEMENTS:
13. Approving Use Agreement with Atwater Little League regarding use of City fields for organized baseball, softball, and T-ball activities (City Manager Waterman) This item was removed from the consent calendar for separate discussion and possible action.
PUBLIC IMPROVEMENTS:
14. Accepting Repair and Upgrade Traffic Signal at Winton Way and Bellevue Road Project as complete (Public Works/Community Development Director Thompson) ACTION: Accepts work done under the contract for Repair and Upgrade Traffic Signal at Winton Way and Bellevue Road, City Project No. 20-6 as complete; authorizes and directs the City Manager to sign a Notice of Completion and have it recorded on behalf of the City; and authorizes a final payment in the amount of $6,357.50.
ORDINANCES (WAIVING SECOND READING AND ADOPTION):
15. Waiving the second reading and adopting an ordinance repealing Chapter 8.52 of the Atwater Municipal Code, “Personal Cannabis Cultivation” and replacing it with Chapter 8.52, “Illegal Cultivation of Cannabis” (City Attorney Splendorio) ACTION: Waives the second reading and adopts Ordinance No. CS 1041 repealing Chapter 8.52 of the Atwater Municipal Code, “Personal Cannabis Cultivation” and replacing it with Chapter 8.52, “Illegal Cannabis Cultivation.”
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 7 OTHER ACTIONABLE ITEMS:
16. Accepting 2022 Regular Meeting Schedule which cancels the second City Council meeting of the month in November and December 2022 (City Clerk Armstrong)
ACTION: Acceptance of the 2022 Regular Meeting Schedule which cancels the second meeting of the month in November and December 2022; and authorizes and directs the Mayor and/or City Manager to sign any documents required to maintain essential City services. Said documents shall be reviewed by the City Attorney and be scheduled for ratification of the entire City Council at the next regularly scheduled City Council meeting.
AGREEMENTS:
Approving Use Agreement with Atwater Little League regarding use of City fields for organized baseball, softball, and T-ball activities (City Manager Waterman) Two representatives from the Atwater Little League’s Governing Board spoke regarding their concerns of the contract terms for the Atwater League to maintain the cost of lights and portable toilets.
Recreation and Community Events Administrative Assistant Billings provided background information on the item.
City Council Member/Board Member Button spoke regarding the timing of the reconstruction of restrooms at the City fields and asked for clarification of the total cost to maintain portable toilets by the Atwater Little League.
City Council Member/Board Member Raymond spoke regarding the safety of the children at the City fields and of his experience with the Challenger Program hosted by the Atwater Little League.
Mayor Pro Tem/Vice-Chair Cale agreed with City Council Member Raymond regarding the safety of the children at the City fields.
City Council Member/Board Member Ambriz spoke regarding his concerns of the contract terms, specifically the cost of the maintenance of lights, portable toilets and sewage, along with the assistance from the City to manage the parking area of the City fields.
Mayor/Chair Creighton agreed with City Council Member Ambriz and spoke regarding the necessity of parking lot restriping and future opportunities for the City fields.
City Manager/Executive Director Waterman, Public Works/Community Development Director Thompson, Recreation and Community Events
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 8 Administrative Assistant Billings, and Leah Brown from the Atwater Little League addressed the City Council’s concerns.
Mayor/Chair Creighton stated that he would like to amend the contract to include that the City will provide portable toilets at its own cost for the Atwater Little League. Mayor Pro Tem Cale was in favor of this amendment.
City Council Member/Board Member Ambriz stated that in addition to Mayor/Chair Creighton’s suggested amendments, that he would like to amend section 5(a)(4) of the contract to include that the City will provide barricades to the Atwater Little League to manage parking.
City Attorney Splendorio clarified Mayor/Chair Creighton’s and City Council Member/Board Member Ambriz’s amendments to the contract.
MOTION: City Council Member/Board Member Ambriz moved to approve a Use Agreement, in a form approved by the City Attorney, with Atwater Little League for the use of Raymond Field, Darren Hershcler Field, Frank Reponte Field, Miyake Field, and T-ball Field at Osborn Park for organized baseball, softball, and T-ball activities, along with an amendment to section 5(a)(4) to manage parking and set up necessary barricades provided by the City to prevent parking in nondesignated areas; and authorizes and directs the City Manager, or her designee, to execute the Use Agreement on behalf of the City. The motion was seconded by Mayor Pro Tem/Vice-Chair Cale and the vote was: Ayes: Ambriz, Button, Raymond, Cale, Creighton; Noes: None; Absent: None. The motion passed.
MOTION: Mayor/Chair Creighton moved to moved to approve a Use Agreement, in a form approved by the City Attorney, with Atwater Little League for the use of Raymond Field, Darren Hershcler Field, Frank Reponte Field, Miyake Field, and Tball Field at Osborn Park for organized baseball, softball, and T-ball activities, along with an amendment that the City agrees to provide and maintain portable restrooms at its expense to the Atwater Little League; and authorizes and directs the City Manager, or her designee, to execute the Use Agreement on behalf of the City. The motion was seconded by Mayor Pro Tem/Vice-Chair Cale and the vote was: Ayes: Raymond, Ambriz, Cale, Button, Creighton; Noes: None; Absent:
None. The motion passed.
CITY MANAGER REPORTS/UPDATES:
Monthly report by City Manager Waterman
City Manager/Executive Director Waterman reported the following:
Eugene Drummond was recently hired as the Recreation Supervisor in the Recreation and Community Events Department.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 9 New businesses and projects coming to the City include Peet’s Coffee inside of Hope’s Church, the expansion of Atwater Family Dental, Chelsea Investment Corporation’s Multifamily Affordable Housing, and a Starbucks at the Save Mart shopping center.
64 new businesses opened up in the City within the last 24 months. 388 children registered for the Atwater Fire and Police Holiday Toy Drive. The Christmas in Atwater Event hosted by Victory Baptist Church will be taking place on December 17-19, 2021 from 5:00 PM to 9:00 PM at the Bloss Mansion.
Old Town Atwater will be hosting a special event for donations to the Atwater Fire and Police Holiday Toy Drive at the Razzari Ice-Skating Rink on December 18, 2021 from 1:00 PM to 3:00 PM.
The City of Atwater Police Department and Kids Outreach Creating Hope Organization will be hosting a holiday event on December 19, 2021 from 11:00 AM – 2:00 PM at Veterans Park.
A quote was received for the painting and lettering of the City’s water tower, and a special meeting may be held before the first City Council meeting of January 2022 to address the cost savings potential to the City.
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
One person spoke regarding Fruitland Christian Preschool’s years of service to the community and throughout the COVID-19 pandemic, and asked the City Council to also provide COVID-19 aid and Personal Protective Equipment to the Preschool as distributed to local businesses in the community.
One person reminded the community of the Christmas in Atwater Event hosted by Victory Baptist Church on December 17-19, 2021 from 5:00 PM – 9:00 PM at the Bloss Mansion.
One person spoke in favor of Dr. Eric Cheung’s presentation regarding Tobacco Retail Licensing and Flavored Tobacco Products.
Recreation and Community Events Administrative Billings spoke regarding a letter sent from the Atwater Chamber of Commerce to the City thanking the public, community, Police, and Fire Department for their assistance with the annual Christmas Parade. He also thanked the City Council, the community, and the children of the Atwater Elementary School District for their assistance with providing toys and funding for the Atwater Fire and Police Holiday Toy Drive.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 10 Police Chief Salvador thanked the Travis Credit Union Atwater branch for the use of their coin counting machines.
No one else came forward to speak.
CITY COUNCIL MATTERS:
City Council comments
Mayor Pro Tem/Vice-Chair Cale wished the community a Merry Christmas and Happy New Year. He thanked Alice and the Chamber of Commerce, and all those who helped with the annual Christmas Parade. He also spoke regarding his enjoyment of the Razzari Ice-Skating Rink hosted by Old Town Atwater.
City Council Member/Board Member Ambriz spoke regarding the events happening within the City and thanked the community for listening to his concerns tonight. He also wished the community a Merry Christmas and a Happy Holidays.
City Council Member/Board Member Raymond spoke regarding his appreciation to be able to assist the Atwater Little League with their concerns, and stated that he looks forward to Eugene Drummond working for the City’s Recreation and Community Events Department. He also wished the community a Merry Christmas.
City Council Member/Board Member Button welcomed Eugene Drummond to the City and encouraged the community to comment, get involved, and attend the City Council meetings to discuss changes to the City. He spoke regarding his appreciation for Dr. Eric Cheung’s presentation as youth tobacco use is an issue within the community. He also commended Atwater High School and Buhach Colony High School for their production of A Christmas Carol at the Bloss Mansion, as well as the frontline workers within the daycare community for their work during the COVID-19 pandemic.
Mayor/Chair Creighton thanked Chi Chi Wood for her work towards coordinating with businesses in Downtown Atwater to decorate Christmas displays, and for raising funds to provide Christmas lights in Downtown Atwater.
ADJOURNMENT:
Mayor Creighton adjourned the meeting at 7:52 PM.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 13, 2021 Page 11 ________________________________
JANELL MARTIN
DEPUTY CITY CLERK
By: Leslie Thuang
Recording Secretary
SPECIAL MEETING
CITY COUNCIL
ACTION MINUTES
December 20, 2021
CALL TO ORDER:
The City Council of the City of Atwater met in Special Session this date at 9:30 AM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California and on Zoom; Mayor Creighton presiding.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was deferred to the next City Council meeting.
ROLL CALL:
Present: City Council Members Ambriz (via teleconference), Raymond (via teleconference), Mayor Pro Tem Cale (via teleconference), Mayor Creighton
Absent: City Council Member Button
Staff Present: City Manager Waterman, City Attorney Splendorio (via teleconference), Public Works/Community Development
Director Thompson, Deputy City Clerk Martin
PUBLIC COMMENT:
Notice to the public was read.
No one came forward to speak.
CITY OF ATWATER
Minutes
City Council Special Meeting Action Minutes for December 20, 2021 Page 2 AGREEMENTS:
Approving Contract Change Order to General Construction Contract with Techno Coatings, Inc. for Water Tower Renovation/Recoating Project (Public Works/Community Development Director Thompson)
Public Works/Community Development Director Thompson provided background information on this item.
MOTION: City Council Ambriz moved to approve Contract Change Order No. 1 to General Construction Contract with Techno Coatings, Inc. in the amount of $43,315.00 for the Water Tower Renovation/Recoating Project, City Project No. 20- 15; and motion to authorize and direct the City Manager, or her designee, to execute the Contract Change Order on behalf of the City. The motion was seconded by Mayor Pro Tem Cale and the vote was: Ayes: Cale, Raymond, Ambriz, Creighton; Noes: None; Absent: Button. The motion passed.
ADJOURNMENT:
The Special Meeting adjourned at 9:39 AM.
_________________________________
JANELL MARTIN,
DEPUTY CITY CLERK
By: Leslie Thuang
Recording Secretary
CITY COUNCIL
AGENDA REPORT
MEETING DATE: January 10, 2022
TO: Mayor and City Council
FROM: Justin Vinson
PREPARED BY: Jim Vang
SUBJECT: Approving Budget Amendment allocating funding for CMU Wall installation at Industry Sewer Lift Station and Awarding General Construction Contract to W.M. Lyles Co. for CMU Wall installation at Industry Sewer Lift Station (Public
Works/Community Development Director Thompson)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3280-22 approving Budget Amendment No. 20 amending Fiscal Year 2021-22 Budget to allocate funding for CMU Wall installation at Industry Sewer Lift Station in the amount of $479,760; and awards a General Construction Contract, in a form approved by the City Attorney, to W.M. Lyles Co. of Fresno, Califonia, in an amount not to exceed $436,145.00; authorizes and directs the City Manager to sign and affirm construction contract change orders up to an aggregate of $43,614.50 (10%); and authorizes and directs the City Manager, or her designee to execute the contract on behalf of the City.
I. BACKGROUND/ANALYSIS:
The Sewer Lift Station located at Industry Way contains critical sewer infrastructure and has been broken into twice since October 2021. The infrastructure was vandalized and equipment was stolen. Even though the incident resulted in minimal dollar damage, the lift station provides sewer system for the whole City and it is vulnerable. There is currently an existing chain link fence as a security measure with cameras, but it is not sufficient to prevent trespassers from entering. Staff is proposing the installation of a CMU wall around the perimeter of the lift station as a solution.
Pursuant to the Purchasing Manual under Section 9 Procurement Methods Urgency Purchases states, purchases may be made without competitive bidding when time is of the essence to preserve or protect life, health, or property. Staff received a proposal from W.M Lyles Co. for a total amount of $436,145.00. Work consists of installing approximately 610 feet of CMU perimeter wall and installing anti-graffiti coating on the exterior of wall and sealer on the interior of wall. CMU Wall is approximately 8 feet in height and matches the wall installed for the TCP project.
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
The recommended contract administration practice is to include 10% of the bid amount as contingency funds for unforeseen and necessary changes to the contract. Staff is recommending a total construction budget of $479,759.50, rounded up to $479,760.
This total budget includes the construction contract amount of $436,145.00 for bid items with W.M Lyles Co. and $43,614.50 for contingency.
II. FISCAL IMPACTS:
Approval of Budget Amendment No. 20 will provide sufficient funding, of $479,760, for this project in the Sewer Enterprise Fund, Capital Projects Account No. 6010.1080.XXXX. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s office.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1) of the City of Atwater's 2020-2025 Strategic Plan: to ensure the City's continued financial stability.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301, “Existing Facilities” Class1(c):
Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
IX. STEPS FOLLOWING APPROVAL:
Agenda Report - Page 3
Upon City Council's approval, the General Construction Contract will be routed for signatures and the City Clerk will certify the authorizing resolution.
Submitted by:
Greg Thompson, Public Works/Community Development Director Approved by:
Lori Waterman, City Manager
Attachments:
1. Resolution No. 3280-22 Approves Budget Amendment No. 20 RE CMU Wall Installation Industry Sewer Lift Station
2. General Construction Contract - W.M. Lyles Co. CMU Wall Installation Industry Sewer Lift Station
3. Proposal - W.M. Lyles Co.
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3280-22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 20 AMENDING FISCAL YEAR
2021-22 BUDGET TO ESTABLISH BUDGET
REGARDING CMU WALL INSTALLATION AT
INDUSTRY SEWER LIFT STATION
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3224-21 adopting the Fiscal Year 2021-22 Budget on June 14, 2021; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 20 to the Fiscal Year 2021-22 Budget as follows:
SECTION 1: Establishing budget in the Wastewater Enterprise Fund for Fiscal Year 2021-22 regarding CMU Wall Installation at Industry Sewer Lift Station.
Establish Budget
(Expense)
6010-1080-XXXX CMU Wall Installation
at Industry Sewer Lift
Station
$479,760
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.
The foregoing resolution is hereby adopted this 10th day of January 2022.
AYES:
NOES:
ABSENT:
Resolution No. 3280-22 Page 2
APPROVED:
________________________________
PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________
LUCY ARMSTRONG, CITY CLERK
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 1 of 11
GENERAL CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and W.M LYLES CO. (“Contractor”) as of January 10, 2022. City and Contractor shall be referred to herein separately as a “Party” and collectively as “Parties”.
1. The Contract. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:
A. This Contract;
B. Plans and Specifications for PROJECT NO. 20-17;
C. Special Provisions for PROJECT NO. 20-17;
D. Notice to Contractors;
E. Proposal to the City of Atwater;
F. Performance Bond;
G. Labor and Material Bond;
H. Current edition of the Caltrans Standard Specifications; I. Current edition of the Caltrans Standard Plans;
J. The latest revisions to the General Prevailing Wage Rates; and K. Any Published Addenda.
Any and all obligations of the City and the Contractor are fully set forth and described therein.
All of the above component documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The component documents comprising the complete Contract are sometimes hereinafter referred to as the “Contract Documents”. To the extent any of the Contract Documents are in conflict with each other, the component documents shall have priority based upon their hierarchical order set forth above.
2. Effective Date. This Contract shall only become effective once all of the Parties have executed the Contract (the “Effective Date”). Contractor, however, shall not commence the performance of the work until it has been given notice by City (“Notice to Proceed”).
3. Term. This Contract shall commence on the Effective Date and naturally terminate after Final Payment of Contractor by City as defined by Section 5-1.08 of the Special Provisions.
Section 8-1.14 of the 2010 Caltrans Standard Specifications provides for Terminations. Section 2-1.12A of the 2010 Caltrans Standard Specifications allows for termination in accordance with 49 CFR 26.13(b) for failure by the contractor to carry out the requirements of 49 CFR part 26 in the award and administration of this contract.
4. The Work. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner all work of improvement in accordance with the Contract Documents, and in the manner
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 2 of 11
designated in, and in strict conformity with, the Project Plans and Specifications for PROJECT NO. 20-17, entitled, “CMU WALL INSTALLATION AT INDUSTRY SEWER LIFT STATION” for construction in Atwater, Merced County, California. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and said work performed and completed as required in said Project Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City or its representative. The City hereby designates the City Engineer as its representative for the purpose of this Contract.
City, without invalidating this Contract, may order changes to the work, consisting of additions, deletions, or other revisions. All such changes to the work, including in the Contract Price and Contract time for performance, shall be authorized by Change Order or Work Change Directive, signed by the City Manager. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract time for performance if it fails to secure such written authorization for such work, except in the case of an emergency as provided in the 2010 Caltrans Standard Specifications or the Special Provisions.
5. Contract Price. The City agrees to pay, and the Contractor agrees to receive and accept, the following Contract prices as full compensation for furnishing all materials and performing all work in accordance with this Contract as follows:
ITEM
NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY
UNIT PRICE TOTAL
ITEM
PRICE
1 INSTALL 610 LF OF CMU
PERIMETER WALL AT THE
EXISTING SEWER LIFT
STATION
LS 1 $402,245.00 $402,245.00
2 INSTALL ANTI-GRAFFITI
COATING ON EXTERIOR OF
BLOCK WALL AND CMU
SEALER ON INTERIOR OF
BLOCK WALL
LS 1 $33,900.00 $33,900.00
TOTAL BID: $436,145.00
Scope of Work Includes:
1)Remove existing trees around perimeter of property
2)Install temporary fence around perimeter of property
3)Remove, salvage, and reinstall existing chain link rolling gate 4)Install 8 ft CMU perimeter wall to match the TCP project (columns at +/- 16ft spacing, split face block)
5)Install wrought iron “shepherd hooks” on top of CMU wall.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 3 of 11
6. Termination. If the Contractor should become insolvent or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract Documents, the City may serve written notice upon Contractor and its surety of its intention to terminate the Contract. The notice shall contain the reasons for the City’s intent to terminate the Contract and unless the violation ceases and/or is corrected within ten (10) days of service of the notice, the Contract shall cease and terminate. In the event of any such termination, the City shall immediately serve a written notice of termination on the surety and the Contractor, and the surety shall have the right to take over and perform the Contract. The surety shall serve a written notice of intent to take over and perform the Contract on the City within fifteen (15) days of service of the notice to terminate and shall commence performance of the Contract within thirty (30) days from service of the notice to terminate. In the event the surety fails to serve the notice of intent to take over and perform or fails to commence performance as required in this Section, the City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its surety shall be liable to the City for any excess cost incurred by the City, and in such event the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary to complete the work.
7. Notices. All notices given pursuant to this Contract shall be in writing and shall be mailed by first class mail, postage prepaid, certified or registered, with return receipt requested.
Such notice shall be deemed served or given three (3) business days after deposit in the United States Postal Service. The address of each Party to this Contract for purposes of notice shall be as indicated below. Each Party may change its address for notice by giving notice of such change to the other Party in the manner set forth above.
If to City: Lori Waterman, City Manager
City of Atwater
750 Bellevue Road
Atwater, California 95301
If to Contractor: W.M Lyles of Fresno
Central Division – Fresno Office
335 North Throne Avenue
Fresno, CA 93706
If to Surety: _________________
_________________
_________________
_________________
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 4 of 11
8. Assignment of Contract. The Contractor shall not assign the Contract, moneys due under the Contract, or monies to become due under the Contract, without first obtaining the prior written consent of the City.
9. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the faithful performance of this Contract (“Performance Bond”). The Contractor shall also furnish a separate surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney’s fee to be fixed by the court in case suit is brought upon the bond (“Labor and Material Bond”).
10. Insurance. Contractor shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII, and will provide City with written proof of said insurance. Contractor shall maintain coverage as follows and will provide City with written proof of said insurance. Such insurance shall remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The cost of such insurance shall be included in the contractor’s bid. Contractor shall maintain coverage as follows:
A. Minimum Scope of Insurance.
1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000.
2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS.
3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.
4. An Automobile Liability Special Endorsement to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 5 of 11
5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.
6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.
B. Minimum Limits of Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000
(Including operations,
products and completed
operations.)
per occurrence for bodily
injury, personal injury and
property damage If
Commercial General Liability
insurance or other form with a
general aggregate limit shall
apply separately to this
project/locations or the general
aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects to the City, its officers, public officials, employees and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Other Insurance Provisions.
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:
1. The City, its officers, public officials, agents, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 6 of 11
2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.
5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.
6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Atwater.
E. Acceptability of Commercial Insurers.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A: VII.”
F. Verification of Coverage.
Contractor shall furnish the City with Certificates of Liability Insurance and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the Entity’s forms, provided those endorsements or policies conform to the requirements of the Contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
G. Subcontractors.
Contractor shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.
H. For Construction Risks.
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 7 of 11
The Course of Construction insurance policies shall contain the following provisions:
1. The City shall be named as loss payee; and
2. The insurer shall waive all rights of subrogation against the City.
11. Indemnification. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, public officials, employees, and agents thereof from and against any and all actions, claims, loss, cost, damage, injury (including, without limitation, disability, injury or death of an employee of Contractor or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to performance of the work, provided that any such action, claim, loss, cost, damage, injury, expense or liability is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from but only to the extent caused by any negligent act or omission of Contractor, subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work or anyone for whose acts any of them may be liable. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Notwithstanding the above, the Contractor shall, wherever it is necessary, keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public.
Acceptance by City of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Contract, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
It is expressly understood that Contractor is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City.
Contractor shall be responsible for the payment of all taxes, workers’ compensation insurance and unemployment insurance. Should contractor desire any insurance protection, the Contractor is to acquire such protection at its expense.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Contract is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
12. Accident Prevention. Precaution shall be exercised at all times for protection of persons (including employees) and property. The safety provisions of applicable laws, building and
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 8 of 11
construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California.
13. Payment. The City will make partial and final payment to the Contractor except that the City will retain five percent (5%) of the final payment amount until the expiration of thirty-five (35) days from the date of recording by City of the notice of acceptance of completion of all work covered by this Contract, at which time and not before, City shall pay to Contractor the remaining five percent (5%), less any previous payments and deductions provided for herein.
The closure date for the purpose of making monthly progress payment will be the last calendar day of that month. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the City’s payment procedure.
Each month, the Contractor will submit its own invoice for work performed through the closure date and the Engineer will make an approximate measurement of the work performed through the closure date and as a basis for making monthly payments, estimate its value based on the Contract unit prices or as the Engineer deems appropriate. The City will endeavor to, not later than twenty (20) working days after receipt of the Contractor’s invoice, make partial payment to the Contractor, based on work performed and material incorporated in the project as of the closure date of the particular calendar month, providing that the Contractor’s invoice for the work performed agrees with the Engineer’s determination. If the Engineer’s determination differs from the Contractor’s invoice, the City will make payment to the Contractor for those items or portions of items not in dispute not later than payment would have been made had no dispute occurred. Within ten (10) calendar days after agreement on disputed work is achieved between the City and the Contractor, the City shall pay the Contractor for any additional monies due as a result of settling any dispute. When the work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.
The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City and subject to whatever inspection and approval may be required by law.
It is further agreed by the Parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.
14. Prevailing Wage. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Contract. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 9 of 11
15. Article VI. The improvements contemplated in the performance of this Contract is a Federal-Aid improvement over which the State of California shall exercise general supervision.
The State of California therefore shall have the right to assume full and direct control over this Contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.
16. General Provisions.
(a) Modification. No alteration, amendment, modification, or termination of this Contract shall be valid unless made in writing and in accordance with the Contract Documents. (b) Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
(c) Authority. All Parties to this Contract warrant and represent that they have the power and authority to enter into this Contract and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Contract have been fully complied with.
(d) Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Contract with its own legal counsel, and based upon the advice of that counsel, freely entered into this Contract. Each Party has participated fully in the review and revision of this Contract. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Contract.
(e) Governing Law. This Contract shall be governed by and construed in accordance with the laws of the state of California.
(f) Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Merced.
(g) Severability. If this Contract in its entirety is determined by a court to be invalid or unenforceable, this Contract shall automatically terminate as of the date of final entry of judgment. If any provision of this Contract shall be determined by a court to be invalid and unenforceable, or if any provision of this Contract is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Contract, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Contract. (h) Counterparts. This Contract may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 10 of 11
(i) Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.
(j) Entire Contract. This Contract, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
(k) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Contract shall supersede any prior agreements, discussions, commitments, or representations whether, written, electronic or oral, between the Parties with respect to the subject matter of this Contract.
(l) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
(m) Headings. Headings used in this Contract are for reference purposes only and shall not be considered in construing this Contract.
(n) Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Contract, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled. (o) Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Contract.
(p) Time is of the Essence. Time is of the essence in this Contract for each covenant and term of a condition herein.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and W.M Lyles Page 11 of 11
IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Parties hereinabove named, on the day and year first herein written.
CITY OF ATWATER, a Municipal Corporation W.M LYLES CO.
By: _______________________________________ By:_______________________________________ Lori Waterman, City Manager Contractor licensed in accordance with an act providing for the registration of contractors.
ATTEST:
By: ________________________________________
Lucy Armstrong, City Clerk
APPROVED AS TO FORM:
By:________________________________________
Frank Splendorio, City Attorney
ACCOUNT DATA: LICENSE NO. ______________________________ PROJECT NO. 20-17 TAXPAYER I.D. NO. ________________________ Contract No. _________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS:________________________________ _____________________ / $ ______________________ PHONE:___________________________________ FAX: _____________________________________
EMAIL:___________________________________
By:__________________________________________ (SEAL)
Finance Director Verification
Central Division - Bakersfield Office
P.O. Box 80605
Bakersfield, CA 93380
Telephone (661) 387-1600
Fax (661) 387-1620
www.wmlyles.com
An Equal Opportunity Employer
DIR #1000001448
Corporate Office: 525 W. Alluvial, Fresno, CA 93711 Telephone: (559) 441-1900 • Fax (559) 487-7958 Bakersfield (661) 387-1600 I Fresno (559) 268-1540 I Temecula (951) 973-7393 I Sacramento (916) 375-1833 I Visalia (559) 651-1450 California Contractor’s License No. 422390
Date: December 21, 2021
To: City of Atwater
750 Bellevue Rd
Atwater, CA 95301
Attn: Justin Vinson, Public Works Superintendent
Re: City of Atwater – Sewer Lift Station Block Wall
Mr. Vinson,
In response to your request, we are pleased to make the following proposal:
We will furnish all labor, equipment and materials for project as described below:
Scope of Work
1. Remove existing trees around perimeter of property.
2. Install temporary fence around perimeter of property.
3. Remove, salvage, and reinstalling existing chain-link rolling gate.
4. Install 8’ CMU perimeter wall to match the TCP project (columns at +/-16ft spacing, split face block, etc.).
5. Install wrought iron “shepherds hooks” on top of CMU wall.
Project Specific Clarifications
1. Price includes design fee for Provost & Pritchard to engineer CMU wall footing detail only. No site plan, specifications, field exploration (soils report), submittal review, RFI review, etc. have been included.
2. Price is based on maximum wall height above the footing at 8’-8”. Contractor has not surveyed the existing grade and will step the footing up/down depending on the surrounding grade. As such, certain sections of the wall may be above or below the 8ft height.
3. Contractor will install CMU wall in the same location as the existing fence without survey. If the City requires a licensed surveyor to lay out the property corners, please increase price by $4,500.00.
4. Price does NOT include replacement of any trees, landscaping, electrical, conduit, or utilities conflicting with the installation of the new CMU wall.
5. Price does NOT include removal / reinstallation of existing storm drainage facilities nor installation of new storm drainage facilities.
6. This proposal is valid for 30 days.
7. Schedule of work is subject to an approved agreeable schedule between the owner and W. M. Lyles Co.
8. This is based on mutually agreeable contract terms and conditions. W. M. Lyles Co. reserves the right to modify this pricing after review of contract verbiage.
Item Description Qty Unit Total Price
1 Install approximately 610LF of CMU perimeter wall at the existing Sewer Lift Station 1 LS $402,245.00
2 Install Anti-Graffiti Coating on exterior of block wall and CMU sealer on interior of block wall 1 LS $33,900.00
TOTAL $436,145.00
9. This proposal is based on standard 8 hour work days. No overtime, weekend, or holiday work has been allowed.
10. This proposal does not include any environmental allowances in the event that special-status plants or species are discovered, or the actions that will be required if such event occurs.
11. This pricing is based on the following exclusions:
a. Liquidated damages and/or acceleration.
b. All permits and associated fees.
c. Storm water pollution prevention plan, permits, fees or implementation. d. Dust control plan, permits, fees.
e. California Regional Water Quality Control Board permits, fees, discharge requirements. f. Special inspection or testing (i.e., compaction testing).
General Terms and Conditions
1. We reserve the right to request financial data to support the Owner’s ability to make timely payments for our work and will not start our scope of work until we have received evidence, to our satisfaction, that there are sufficient funds set aside to pay for the work performed and directed. The Owner shall be obligated to disclose all potential lien rights and/or financing party information on the property.
2. This proposal is conditioned upon the use of an industry standard Contract and we reserve the right to suggest and make contractual changes to any Contract with good faith and direct negotiations.
3. This proposal includes costs for typical insurance policies: General Liability ($2 million/$4 million) and Automobile ($2 million) with additional insured as requested along with standard Worker’s Compensation ($1 million) coverage.
Additional insurance coverage that is requested or any payment of deductibles may be at an additional cost.
4. By law, the duty to indemnify shall not extend to the acts of willful misconduct, active, passive, or sole negligence, on the part of the Owner or anyone associated with him including design or engineering work submitted for our Scope.
5. If hazardous materials, unsuitable ground conditions, change in soil conditions or concealed conditionals are encountered, we will cease all operations and the Owner will determine the nature and extent of such conditions, and will recommend the nature and extent of remediation. Any hazardous materials, unsuitable ground conditions, change in soil conditions or concealed conditions that are encountered shall be considered “extra work” under an approved Change Order.
6. Any authorized cost plus or force account work shall be completed under written direction per the agreed time and material section within the contractual documents or in absence, using our annual and most current labor and equipment rates along with our time and material calculation sheet.
7. Any and all claims, controversies or disputes arising out of or relating to this agreement, or the breach thereof, which remain unresolved after good-faith and direct negotiations between the on-site Project Managers and after with the Corporate Officer(s) and authorized representative of the Owner (parties), shall then be submitted to confidential mediation with written notice in accordance with the rules and procedures for mediation then in effect under either JAMS for Mediation or the Construction Industry Mediation Rules of the American Arbitration Association.
Continuing claims, controversies or disputes thereafter shall be submitted to binding Arbitration as allowed by California Law.
8. Monthly payments shall be agreed in the final executed contractual documents or as follows; Payment for services rendered by the 15th of each month for 95% of all work performed during the preceding month. Final payment to be made within 35 days after completion and acceptance of our scope of work. Late payments shall incur an interest charged by law or at a minimum rate of eighteen percent (18%) per annum on past-due accounts.
9. Contractor warrants to Owner that all materials and equipment furnished shall be new unless otherwise specified and that all work under this Agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects for a period of one (1) year from the date of W.M. Lyles Co.’s scope of work completion.
10. All contractual correspondence and payments shall be directed to our Corporate Office at P.O. Box 4377, Fresno, CA 93744.
Thank you for the opportunity in submitting this proposal.
W. M. Lyles Co.
Ruben Moreno Jr.
Ruben Moreno Jr.
Project Executive
“Contractors are required by law to be licensed and regulated by the Contractor’s State License Board.
Any questions concerning a contractor may be referred to the Register of the board, whose address is:
Contractor’s State License Board, 9835 Goethe Road, P.O. Box 26000, Sacramento, California 95826.”
CITY COUNCIL
AGENDA REPORT
MEETING DATE: January 10, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Julia Coronado
SUBJECT: Approving Budget Amendment establishing budget in Measure V Regional Fund for Bellevue Road
Rehabilitation/Realignment Project Study Report Equivalent and Approving Measure V Regional Project Funding
Agreement with Merced County Association of Governments (Public Works/Community Development Director Thompson)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3276-22 approving Budget Amendment No. 18 amending Fiscal Year 2021-22 Budget to establish a budget within the Measure V Regional Fund for the preparation of the PSR-E for Bellevue Road Project; and approval of the Measure V Regional Funding Agreement, in a form approved by the City Attorney, with Merced County Association of Governments (MCAG) for the preparation of the Bellevue Road Rehabilitation/Realignment Project Study Report Equivalent (PSR-E); makes the finding that the preparation of the Bellevue Road Rehabilitation/Realignment Project Study Report Equivalent (PSR-E) is categorically exempt from CEQA; and authorizes and directs the City Manager, or her designee, to execute all documents on behalf of the City.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
Measure V is the county-wide, half-cent Transportation Sales Tax Measure approved by Merced County voters in November 2016, under which MCAG is authorized to administer the proceeds. The voter-approved Transportation Expenditure Plan programs 44% of funds for Regional Projects, 50% of funds for Local Projects (at least 20% of which must be set aside for Alternative Modes Projects), 5% of funds for Transit, and 1% of funds for administration. Voters authorized the Measure V Transportation Sales Tax for 30 years, terminating on March 31, 2047. Funding is provided from the State Board of Equalization (BOE) to MCAG, which in turn distributes the allocated funds.
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
The 44% of funds allocated for Regional Projects is further divided into an Eastside share of 27% and a Westside share of 17%, with the dividing line between the two being the San Joaquin River. Two committees were established to recommend Regional Projects. The Eastside Regional Projects Committee and the Westside Regional Projects Committee each consist of one councilmember from each city within the jurisdiction and each County Supervisor whose district includes area east or west of the river. The Regional Projects Committees make recommendations to the MCAG Governing Board, which has authority overseeing funds.
After adopting new Regional Projects Policies on April 15, 2021, MCAG issued the Measure V Call for Projects for the 2021 Implementation Plan on April 30, 2021 with an application deadline of August 31, 2021. The East Side Regional Projects Committee met twice in October 2021 to discuss Regional Project Candidate Evaluation Forms, projects programming, and projected revenues and cash flows, then approved project funding recommendations to be made to the MCAG Governing Board at their regular meeting of November 18, 2021. The project was included in the funding recommendations made by the East Side Regional Projects Committee and approved unanimously by the MCAG Board.
Following approval of the Regional Projects Committees’ recommendations, a Draft Measure V 2021 Implementation Plan was presented by staff to the MCAG Board at public hearing on December 16, 2021. The MCAG Governing Board unanimously adopted the Measure V 2021 Implementation Plan with no changes to the draft plan.
The adopted Measure V 2021 Implementation Plan includes programmed expenditure for the Bellevue Road Rehabilitation and Realignment Project, described as follows:
“$200,000 for a project study report. This is a multi-jurisdiction project of the City of Atwater and the County of Merced. It would realign and reconstruct a portion of Bellevue Road between Grove Ave. and Parade Street immediately west of the City of Atwater. This project was programmed in the 2021 update. “ MCAG staff developed a Draft Master Measure V Regional Project Funding Agreement and refined it with input from member agencies. The City of Atwater approved the Master Measure V Regional project Funding Agreement at its regular meeting of the City Council on December 10, 2018. The Measure V Regional Project Funding Agreement (project specific) includes an estimated project completion date, requires the initiation of consultant contracts and/or start of construction within six (6) months from the execution date of the agreement, and requires MCAG to receive and process invoices for member agency reimbursement within thirty (30) days.
ANALYSIS:
A Measure V Regional Project Funding Agreement is required for each Measure V Regional Project per adopted MCAG policy.
Execution of the Measure V Regional Project Funding Agreement for the preparation of the Bellevue Road Rehabilitation/Realignment Project Study Report Equivalent (PSRPage 76 of 178 Agenda Report - Page 3
E) authorizes the City to accept and expend on a reimbursement basis up to $200,000 of Measure V Regional Funds as allocated in the adopted Measure V 2021 Implementation Plan.
Following the City’s execution of the Measure V Regional Project Funding Agreement for the preparation of the Bellevue Road Rehabilitation/Realignment Project Study Report Equivalent (PSR-E), the MCAG Governing Board is expected to direct MCAG staff to fully execute the Agreement. Per the agreement, MCAG will issue Authorization to Proceed to the City within 5 days of their execution of the Agreement, enabling the City to proceed with authorized work for this phase of the Project.
II. FISCAL IMPACTS:
The project funding is generated by the Measure V half-cent transportation sales tax and is allocated by MCAG to the Regional Project. Sufficient funding is available upon the approval of Budget Amendment No. 18. This item has been reviewed by the Finance Department. .
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1) of the City of Atwater's 2020-2025 Strategic Plan: to ensure the City's continued financial stability.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This has been routed to all internal departments for review.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
The proposed action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The proposed project involves the operation, maintenance,
Agenda Report - Page 4
leasing, licensing or minor alteration of existing public facilities, with construction of minor appurtenant structures involving negligible or no expansion of use and no possibility of significantly impacting the physical environment. Accordingly, the proposed action qualifies under Class 1 and Class 3 Categorical Exemptions (Sections 15301 and 15303 of the State CEQA Guidelines).
IX. STEPS FOLLOWING APPROVAL:
The steps following City Council approval will include the City Manager, or her designee, executing the Agreement, and the City Clerk routing the executed Agreement to MCAG. Following receipt of a Notice to Proceed from MCAG, City staff will prepare and advertise a Request for Proposals (RFP) soliciting proposals from qualified consultants for preparation of the PSR-E. Staff recommendations for Council action to award any consultant contract for preparation of the PSR-E will be made to Council at a future meeting.
Submitted by:
Greg Thompson, Public Works/Community Development Director Approved by:
Lori Waterman, City Manager
Attachments:
1. Resolution No. 3276-22 Approves Budget Amendment No. 18 RE Measure V Regional Fund Budget Bellevue Road Rehabilitation-Realignment PSR-E
2. Measure V Regional Project Funding Agreement - Atwater Bellevue Rehabilitation-Realignment PSR-E
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3276-22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 18 AMENDING FISCAL YEAR
2021-22 BUDGET TO ESTABLISH MEASURE V
REGIONAL FUND BUDGET REGARDING
BELLEVUE ROAD
REHABILITATION/REALIGNMENT PROJECT
STUDY REPORT EQUIVALENT (PSR-E)
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3224-21 adopting the Fiscal Year 2021-22 Budget on June 14, 2021; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No.18 to the Fiscal Year 2021-22 Budget as follows:
SECTION 1: Establishing Measure V Regional Fund budget for Fiscal Year 2021-22 regarding Bellevue Road Rehabilitation/Realignment Project Study Report Equivalent Project.
Establish Budget
(Revenue)
0001-0000-XXXX Measure V Regional –
Bellevue Road PSR-E
$200,000
Establish Budget
(Expense)
0010-1080-XXXX Measure V Regional –
Bellevue Road PSR-E
$200,000
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.
The foregoing resolution is hereby adopted this 10th day of January 2022.
AYES:
NOES:
ABSENT:
Resolution No. 3276-22 Page 2
APPROVED:
________________________________
PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________
LUCY ARMSTRONG, CITY CLERK
Measure V Regional Project Funding Agreement No. ______________ 1 MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
CITY OF ATWATER
This Measure V Regional Project Funding Agreement (“AGREEMENT”), effective _______________ , 2022, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Atwater, (“RECIPIENT”) for the Bellevue Road Rehabilitation/Realignment Project Study Report Equivalent (“PROJECT”).
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (“Act”), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one‐half cent transaction and use tax (“Measure V”).
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County’s 2016 – ½ Cent Transportation Sales Tax Measure Expenditure Plan (“Expenditure Plan”), as it may be amended in accordance with State law.
C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter‐approved Expenditure Plan based on the PROJECT’s satisfaction of the following criteria:
Measure V Regional Project Funding Agreement No. ______________ 2 The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
The PROJECT is included in the applicable Regional Transportation Plan (RTP). The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
The PROJECT was approved by the MCAG Governing Board. The PROJECT is included in the current Measure V Implementation Plan.
ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope
1. The PROJECT funding allocation was approved by the MCAG Governing Board for preparation of a Project Study Report Equivalent (PSR‐E).
2. The PROJECT will be the preparation of the PSR‐E for Bellevue Road looking at possible rehabilitation and/or realignment.
3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written “Authorization to Proceed.” Within 5 days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written “Authorization to Proceed” to the RECIPIENT.
B. Project Costs
1. The PROJECT has a total estimated project cost of $200,000 as of the date of this AGREEMENT.
2. The PROJECT has been approved for an allocation from the Measure V East Side Regional Projects funding account in an amount not to exceed $200,000.
3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.
4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account
Measure V Regional Project Funding Agreement No. ______________ 3 and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.
C. Project Schedule
1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.
Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT’s funding to another project in the current Implementation Plan.
a. Project Study Report Equivalent Award consultant contract in 2022
2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT’s staff.
3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.
4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.
5. If no costs have been invoiced for a six‐month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT’s activity along with target billing date and target billing amount.
6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) may be redistributed to other regional projects within the current Implementation Plan at the discretion of the MCAG Governing Board.
D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.
Measure V Regional Project Funding Agreement No. ______________ 4 ARTICLE III: FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.
2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.
3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.
4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.
5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT’s use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT’S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.
2. RECIPIENT must account for Regional Projects funds separately – independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.
Measure V Regional Project Funding Agreement No. ______________ 5 3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:
Quarter Reporting Period Due Date
FY 21‐22 Q3 January 1 to March 31 April 30, 2022
FY 21‐22 Q4 April 1 to June 30 August 30, 2022*
FY 22‐23 Q1 July 1 to September 31 October 31, 2022
FY 22‐23 Q2 October 1 to December 31 January 31, 2023
FY 22‐23 Q3 January 1 to March 31 April 30, 2023
FY 22‐23 Q4 April 1 to June 30 August 30, 2023*
FY 23‐24 Q1 July 1 to September 31 October 31, 2022
FY 23‐24 Q2 October 1 to December 31 January 31, 2023
*60 days provided for the 4th quarter of each fiscal year.
C. OTHER CONSIDERATIONS
1. PROJECT‐Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.
The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. CEQA: The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
4. Promotion: At a minimum, RECIPIENT agrees to promote the PROJECT through branded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the project, either in progress, before and after completion, or some combination thereof. At least one photograph of the completed PROJECT is required.
Measure V Regional Project Funding Agreement No. ______________ 6 ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.
1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPIENT’s website (if applicable) and to MCAG for the Measure V website, related to the PROJECT’s progress.
2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.
3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT’s receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.
4. RECIPIENT agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT’s project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT’s staff or governing body.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
Measure V Regional Project Funding Agreement No. ______________ 7 B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY’S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.
E. TERM
The term of this AGREEMENT shall be from _____________ , 2022 to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it
Measure V Regional Project Funding Agreement No. ______________ 8 enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF ATWATER (RECIPIENT) MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) By: By:
Lori Waterman Date
City Manager
Stacie Guzman Date Executive Director
Approved as to Budget/Financial Controls:
Reviewed as to Budget/Financial Controls:
By:
By:
Delilah Youmara Date
Finance Director
Nav Bagri Date
Finance Director
Approved as to Legal Form:
Approved as to Legal Form:
By: By:
Frank Splendorio Date
City Attorney
Emily Haden Date Legal Counsel to MCAG
CITY COUNCIL
AGENDA REPORT
MEETING DATE: January 10, 2022
TO: Mayor and City Council
FROM: Frank Splendorio, City Attorney
PREPARED BY: Frank Splendorio, City Attorney
SUBJECT: Making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater (City Attorney Splendorio)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3277-22 making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
Throughout the pandemic, the Governor has issued Executive Orders relying on his authority under the Emergency Services Act to suspend and modify some of the teleconference requirements under the Ralph M. Brown Act. Under such applicable Executive Order(s), the City's legislative bodies have been conducting meetings via teleconference.
The current Order expired on September 30, 2021 and is being replaced by AB 361. As discussed below, this bill makes permanent (at least until 2024) some of the teleconference requirements under state law.
The Governor signed AB 361, an urgency measure authorizing teleconferenced public meetings as prescribed in the Bill. AB 361 went into effect October 1, 2021 and expires on January 1, 2024 (portions of the bill applying to the State legislature and school districts expire earlier). The Bill essentially extends the teleconference procedures authorized in Executive Order N-29-20, as modified by a subsequent Executive Order (which expired September 30, 2021) during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the Bill. Now, cities must comply with AB 361 if they intend to conduct remote meetings, in whole or in part.
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
On October 11, 2021, and at subsequent meetings thereafter, for the benefit of the public and to ensure all members of the public can participate in the meetings of the legislative bodies of the City, the City Council adopted a resolution making the required findings under AB 361. In order to continue to meet via teleconference, the City Council must make the requisite findings at least every thirty days. The proposed resolution would continue to make the necessary findings.
ANALYSIS:
AB 361 applies to meetings during a proclaimed state of emergency and where state or local officials have imposed or recommended measures to promote social distancing. (“State of Emergency” is defined as a State of Emergency declared by the Governor under Government Code Section 8625.) It also applies to other states of emergency proclaimed by the Governor where holding in person meetings would “present imminent risks to the health or safety of attendees”. An example of this is an ongoing wildfire in the area. In that case, the legislative body must make an initial finding that meeting in person would "present an imminent risk to the health or safety of attendees".
As discussed above, if the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the state of emergency 30 days after the first teleconference meeting and every 30 days thereafter. The attached resolution makes the required findings which allow the legislative bodies of the City to continue to conduct their meetings via teleconference for the public.
II. FISCAL IMPACTS:
Complying with AB 361 increases some costs to the General Fund for Zoom licenses and other potential technological start-up costs. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed and prepared by the City Attorney.
IV. EXISTING POLICY:
This item is consistent with goal number one (4) of the City's 2020-2025 Strategic Plan:
to optimize organizational structure.
V. ALTERNATIVES:
The City Council could elect not to have teleconference/virtual meetings as an option.
VI. INTERDEPARTMENTAL COORDINATION:
Agenda Report - Page 3
N/A
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
Staff will ensure all noticing and procedural requirements are followed for AB 361 going forward for all Brown Act Meetings.
Submitted by: /s/ Frank Splendorio, City Attorney
Approved by:
Lori Waterman, City Manager
Attachments:
1. Resolution No. 3277-22 Makes Required Findings Authorizing Continuation of Teleconference Meetings of Legislative Bodies of City of Atwater
2. AB 361 Legislation
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3277-22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER MAKING THE REQUIRED
FINDINGS AUTHORIZING THE CONTINUATION
OF TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF
ATWATER
WHEREAS, the City of Atwater is committed to preserving and nurturing public access and participation in public meetings under the Ralph M. Brown Act; and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, as recently amended by AB 361, Government Code section 54953(e) of the Brown Act makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have recommended or imposed measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency, and such proclamation remains in effect and has not been rescinded or cancelled; and
Resolution No. 3277-22 Page 2
WHEREAS, Cal-OSHA’s Emergency Temporary Standards has taken measures to promote social distancing, including, (i) requiring employers to provide training as to “the fact that particles containing the virus can travel more than six feet, especially indoors, so physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID-19”, (ii) requiring employees when eating or drinking to be “at least six feet apart,” and (iii) requiring certain employees without face coverings to “be at least six feet apart from all other persons unless the unmasked employee is either fully vaccinated or tested at least weekly for COVID-19”; and WHEREAS, accordingly, the City Council does hereby find that all of the legislative bodies of the City of Atwater shall be authorized to continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and WHEREAS, on October 11, 2021, and at subsequent meetings since then, the City Council adopted resolutions making the findings required under Government Code section 54953(e) in order to allow the public to attend and participate via teleconference; and
WHEREAS, the City now intends to make the required findings necessary, within 30 days of such last adopted findings, to continue to allow the legislative bodies of the City of Atwater to hold teleconference meetings under 59453(e); and WHEREAS, the City will continue to provide live call-in and/or internet service-based option for remote public participation and will provide notice for such participation in the agendas posted in advance of the meetings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby resolve, order, and determine as follows:
SECTION 1: Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2: Findings. The City Council hereby finds that, as set forth above, due to the novel coronavirus there has been declared a State of Emergency by the Governor of the State of California and state or local officials are recommending or imposing measures to promote social distancing.
SECTION 3: Remote Teleconference Meetings. The City Manager is hereby authorized and directed to take all actions necessary to continue to conduct open and public meetings for all the legislative bodies of the City of Atwater in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
SECTION 4: Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of 30 days from the adoption of this Resolution as indicated below, or such time the City Council adopts a subsequent
Resolution No. 3277-22 Page 3
resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Atwater may continue to teleconference.
The foregoing resolution is hereby adopted this 10th day of January 2022.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________
LUCY ARMSTRONG, CITY CLERK
SHARE THIS: Date Published: 09/17/2021 09:00 PM
AB-361 Open meetings: state and local agencies: teleconferences. (2021-2022) Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate.
The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internetbased service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.
The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.
Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the
legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting. (c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows
any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a countysponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to
provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a countysponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a countysponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.
SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a countysponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.
SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.
SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.
SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.
SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private
information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.
SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.
CITY COUNCIL
AGENDA REPORT
MEETING DATE: January 10, 2022
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief
PREPARED BY: Robert Ayuso, Battalion Chief
SUBJECT: Accepting Reimbursment Funds and Approving Budget Amendment appropriating funds for 2021 Federal Emergency Management Agency's Public Assistance Grant Program (CAL FIRE Battalion Chief Ayuso)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3279-22 approving Budget Amendment No. 19 amending the Fiscal Year 2021-22 Budget regarding appropriating funds in the amount of $4,680.58 to the Fiscal Year 2021-22 Fire Department Special Departmental Expense derived from the Federal Emergency Management Agency's (FEMA) Public Assistance (PA) Grant program.
I. BACKGROUND/ANALYSIS:
The City is constantly looking for new and innovative ways to deliver a higher and better level of service to the citizens of Atwater with an emphasis on fiscal responsibilities, and this request is consistent with those objectives. The City of Atwater was made aware of a funding opportunity from the Federal Emergency Management Agency's (FEMA) Public Assistance (PA) Program for COVID-19 related expenses.
During the COVID-19 pandemic, the Fire Department had a much higher expense cost associated with providing emergency personnel with the proper Personal Protective Equipment (PPE) and cleaning supplies to better serve the community, and keep the employees and citizens of Atwater safe. This grant allowed the City an opportunity for reimbursement of the associated costs.
The City’s allocation is $4,680.58 for reimbursement of COVID-19 related purchases.
By appropriating funds, it allows the Fire Department to purchase additional PPE supplies to assist in responding to more incidents related to COVID-19 and to purchase additional cleaning supplies/equipment to assist with keeping the employees and citizens of Atwater safe.
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
The Fire Department has been notified that the application has been accepted and the grant has been awarded to the Fire Department. This item appropriates the funding so the Fire Department can make the purchases identified in the grant utilizing the reimbursement funds.
II. FISCAL IMPACTS:
This is a 100% reimbursable grant, with no local match to the City. Approval of Budget Amendment No. 19 will establish a revenue budget for the Fire Department, FEMA Fire Grant, account no. 0001-2030-3152 and appropriate the expense by increasing the Fire Department Special Departmental Expense, account no. 0001-2030-2021 FY 2021-22 Budget by $4,681. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s Office.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1) and two (2) of the City of Atwater's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
Agenda Report - Page 3
Upon City Council approval, Finance will execute the resolution and make the appropriate budget adjustments.
Submitted by:
Bobby Ayuso, CAL FIRE Battalion Chief
Approved by:
Lori Waterman, City Manager
Attachments:
1. Resolution No. 3279-22 Approves Budget Amendment No. 19 RE FEMA PA Grant
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3279-22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 19 AMENDING FISCAL YEAR
2021-22 BUDGET REGARDING THE FEDERAL
EMERGENCY MANAGEMENT AGENCY’S (FEMA)
PUBLIC ASSISTANCE (PA) PROGRAM FOR DR
4482 (COVID-19 PANDEMIC)
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3224-21 adopting the Fiscal Year 2021-22 Budget on June 14, 2021; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 19 to the Fiscal Year 2021-22 Budget as follows:
SECTION 1: Increasing budget in Fire Department, Special Departmental Expense for Fiscal Year 2021-22:
Establish Budget
(Revenue)
0001-2030-3152 FEMA Fire Grant $4,681
Increasing Budget
(Expense)
0001-2030-2021 Special Departmental
Expense
$4,681
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.
The foregoing resolution is hereby adopted this 10th day of January 2022.
AYES:
NOES:
ABSENT:
Resolution No. 3279-22 Page 2
APPROVED:
________________________________
PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________
LUCY ARMSTRONG, CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING DATE: January 10, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Justin Vinson
SUBJECT: Approving First Amendment to Site Lease Agreement with TMobile West LLC at Osborn Park (Public Works/Community Development Director Thompson)
RECOMMENDED COUNCIL ACTION
Approval of the First Amendment to the Site Lease Agreement with T-Mobile West LLC, in a form approved by the City Attorney, for the transfer of ownership of the newly constructed tower (pole); and authorizes and directs the City Manager, or her designee, to execute the First Amendment on behalf of the City.
I. BACKGROUND/ANALYSIS:
On August 26, 2019, the City of Atwater entered into a Site Lease Agreement with TMobile West LLC, to allow T-Mobile to lease a portion of the property for the use of cell phone antennas and accompanying equipment at Osborn Park. The City of Atwater and T-Mobile desires to enter into this First Amendment to clarify that the tower (pole), that was constructed and used for the placement of the antennas, becomes the property of the City upon completion of construction. The City will use the pole to support lights for the Frank Reponte Memorial Ballfield, and would also be able to lease out other space on the tower.
II. FISCAL IMPACTS:
There are no fiscal impacts for this item. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
N/A
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council's approval, the First Amendment to the Site Lease Agreement with TMobile West LLC will be routed for signatures.
Submitted by:
Greg Thompson, Public Works/Community Development Director Approved by:
Lori Waterman, City Manager
Attachments:
1. First Amendment to Site Lease Agreement withT-Mobile
Site # SC07707A (Osborn Park)
Market: Sacramento
FIRST AMENDMENT TO SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT (“First Amendment”) is made and entered into by and between City of Atwater, a Municipal Corporation (“Landlord”), and T-Mobile West LLC, a Delaware limited liability company (“Tenant”).
Recitals
The parties hereto recite, declare and agree as follows:
A. Landlord and Tenant (or as applicable, their respective predecessors in interest) entered into that certain Site Lease Agreement dated August 26, 2019, whereby Landlord leased to Tenant a portion of the property (the “Premises”) located in City of Atwater, CA Merced County, [APN:156-060-008-000] (the “Property”).
B. Landlord and Tenant desire to enter into this First Amendment in order to modify and amend certain provisions of the Lease.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee covenant and agree as follows:
1. Transfer of Tower Ownership. T-Mobile shall transfer and assign all of its rights and obligations under this First Amendment, the Tower, or any part thereof, provided that the transferee or assignee assumes the terms of this First Amendment and the terms of the underlying Site Lease Agreement attached hereto as Exhibit “A-1”.
2. Improvements. Following the Commencement Date, as additional consideration for the Lease, Tenant, at its sole cost and expense, design, construct and install a new communications tower (the “New Tower”) in accordance with Tenant’s construction plans at the location shown on Exhibit B-1, “Site Plan” attached hereto. Following issuance of building permit from the City of Atwater Building Department, the New Tower shall be constructed in a good and workmanlike manner in accordance and in compliance with the plans and specifications designed by a professional engineer licensed in the State of California and approved by the City of Atwater. Any warranties from the tower manufacturer shall be transferred to Landlord to the extent such transfer is permitted. Upon completion of construction of the New Tower and upon mutual written consent of the parties, title and ownership of the New Tower shall automatically transfer to Landlord, without need for execution of further documentation. Following such transfer, Landlord will be solely responsible for the ongoing maintenance and upkeep of the New Tower and Tenant shall have no further responsibility in relation thereto, except as otherwise provided herein. Tenant shall retain the right to install, operate, maintain, repair, add, modify, upgrade, remove or replace any and all Antenna facilities between 65’ and 75’ AGL on the New Tower throughout the Term for no additional fee or consideration above or beyond the obligation of Tenant to pay rent as described in Section 5. Rent/other Charges of the underlying Site Lease Agreement. Tenant agrees that its equipment and Antenna Facilities will not exceed the design loads for the New Tower.
Landlord shall have the right to rent available space below 65’ and above 75’ on the New Tower to other companies, including Tenant’s competitors, provided that doing so does not exceed the New Tower’s structural capacity and that such other companies do not interfere with Tenant’s operations. Tenant shall not have the right to sublease any of its interests in this Lease accept to affiliates of Tenant.
Tenant’s cost to construct the New Tower are reasonably estimated to be One Hundred Thousand and 00/100 Dollars ($100,000.00) (“New Tower Construction Costs”). In the event Landlord enters into any SC07707A_NLG-37103_AMD_Cell Split_CMP4_1010069_2108137
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
Site # SC07707A (Osborn Park
Market: Sacramento
2 agreement with a third party (“New User”) that allows such New User to use any portion of the New Tower, Landlord shall require such New User as a condition precedent to it being allowed to use the New Tower in any way, to reimburse Tenant a pro rata share of the New Tower Construction Costs incurred by Tenant, which payment shall be made directly to tenant in proportion to the total amount of the New Tower Construction Costs divided by the total number of users of the New Tower. Tenant’s right to receive such reimbursement shall survive the expiration or earlier termination of this Lease. In addition, Landlord shall use its reasonable good faith efforts to obtain such reimbursement for Tenant.
Tenant shall defend, hold harmless, and indemnify the Landlord, its officers, official, employees, agents, and representatives, from and against all claims, loss, damages, cost or expense (including attorney’s fees) and liabilities arising from, or related to, Tenant’s design, installation, and/or construction of the New Tower, unless solely caused by the gross negligence or willful misconduct of Landlord.
4. Terms; Conflicts. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this First Amendment shall have the same meanings such terms are given in the Lease. Except as specifically set forth herein, this First Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this First Amendment, the terms and conditions of this First Amendment will govern and control.
5. Approvals. Landlord represents and warrants to Tenant that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this First Amendment, or if any such third-party consent or approval is required, Landlord has obtained any and all such consents or approvals.
6. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original.
IN WITNESS WHEREOF, the parties have executed this First Amendment effective as of the date of execution by the last party to sign.
City of Atwater, a Municipal Corporation T-Mobile West LLC, a Delaware limited liability company
By:_______________________________ By:__________________________________ Name:____________________________ Name:_______________________________ Title:_____________________________ Title:________________________________ Date:_____________________________ Date:_________________________________ SC07707A_NLG-37103_AMD_Cell Split_CMP4_1010069_2108137
TMO
Legal
2021.08.1
8 13:54:51
-04'00'
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E Director
10/15/2021 | 3:35 PM EDT
Cia Parker
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
DocuSign Envelope ID: AFF7E895-426F-4553-8E7D-4D14EF082CE1 DocuSign Envelope ID: 5D52194B-3FBF-4C52-BDD3-1AE761BB5DDD DocuSign Envelope ID: 68285021-B700-48D5-B4CE-61D8A3AFAF7E
CITY COUNCIL
AGENDA REPORT
MEETING DATE: January 10, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Dyson
SUBJECT: Awarding Professional Services Agreement to HdL Companies for Consultant Services for Cannabis Monitoring and
Compliance Services (Public Works/Community Development Director Thompson)
RECOMMENDED COUNCIL ACTION
Awards a Professional Services Agreement, in a form approved by the City Attorney, to HdL Companies of Brea, California for Consultant Services for Cannabis Monitoring and Compliance Services in an amount not to exceed $78,150; and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
On October 9, 2015, Governor Jerry Brown signed three bills into law (Assembly Bill 266, Assembly Bill 243, and Senate Bill 643) which are collectively referred to as the Medical Cannabis Regulation and Safety Act (“MCRSA”). MCRSA establishes a statewide regulatory system for the cultivation, processing, transportation, testing, manufacturing, and distribution of medical marijuana to qualified patients and their primary caregivers.
On November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act (“AUMA”), which establishes a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products, for use by adults 21 years and older, and to tax the growth and retail sale of cannabis for nonmedical use.
On June 27, 2017, Governor Jerry Brown signed into law the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses. MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis Activity, as defined in Section 1.4 of this
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
Agreement, may operate in a particular jurisdiction.
On May 14, 2018, the Atwater City Council (“City Council”) adopted Ordinance No. CS 996, adding Atwater Municipal Code (“A.M.C.”) Chapter 5.60 to establish a Cannabis Business Pilot Program to regulate all cannabis businesses within the City.
Since the beginning of the start of the Cannabis Business Pilot Program in 2018, the City has been tasked with ensuring the businesses follow all regulations within the Atwater Municipal Code, the required Public Benefit Amount established in their Development Agreements, and all conditions in their Conditional Use Permits. Each cannabis business has unique fee amounts and conditions that must be monitored and calculated individually. City staff decided to seek assistance in these tasks.
On October 11, 2019, a Request for Proposals was initiated to provide Cannabis monitoring and compliance services. The service included providing a monthly noticing and reporting system for collection of the Cannabis Public Benefit and providing semiannual financial audits and on-site compliance inspections of each cannabis business to ensure compliance. The filing deadline closed on October 25, 2019. Four proposals were received at that time.
City staff chose to postpone the services to allocate appropriate funds within the budget and to accumulate more cannabis businesses. For the Fiscal Year of 20/21, funds for cannabis monitoring and compliance were included within the budget. At the same time, more cannabis businesses began to open within the City and seek the proper entitlements.
Early in 2021, staff reached out to the four companies that submitted proposals and asked for updated proposals with new estimates. Two updated proposals were received: HdL Companies and SCI Consulting Group.
On December 17, 2021, a section review committee, made up of three (3) staff members, evaluated and scored each proposal to determine the rankings. After review and careful consideration of the selection criteria identified in the RFP for the proposals, the committee unanimously ranked the top choice and made a recommendation to select the proposal submitted by HdL Companies of Brea, CA in an amount not to exceed $78,150 per year.
ANALYSIS:
To date, there are currently four cannabis businesses operating within the City. There are four more cannabis businesses that have received their conditional use permits and entered into Development Agreements and are anticipated to be open within the year of 2022.
Presently, staff has struggled to accommodate the time required to ensure compliance and to monitor the active cannabis businesses. Ensuring businesses are promptly making the correct public benefit payments and complying with all aspects of their
Agenda Report - Page 3
conditional use permits is a time-intensive and onerous process, and only stands to get more time-intensive as more cannabis businesses come online this year. There is no established limit to the number of Cannabis businesses that are allowed in the City, which means that as more businesses apply for and receive permission from the City to operate, staff would be expected to put in an increasing amount of cannabis-related work on top of their current duties to ensure compliance with the City’s requirements.
The Cannabis Monitoring and Compliance services would assist staff in ensuring the Cannabis businesses within the City of Atwater stay up to date with their Public Benefit payments, and remain in compliance with the Atwater Municipal Code and their Conditional Use Permits.
The RFP stated the following scope of services were needed:
A monthly noticing and reporting system for collection of the Cannabis Public Benefit amounts, including forms, guidelines and processes for non-performance penalties and interest on unpaid non-performance penalties. Please note that the Public Benefit amount may be different based on the terms of the various development agreements.
Semi-annual financial audits of each cannabis business. Semi-annual on-site compliance inspections each permitted cannabis business. Education, technical assistance and subject matter expertise at the City’s request.
The proposals were rated based on the completeness of the proposal, qualifications and experience of the proposer, proposed work plan, references, and cost. Out of the two proposals, HdL Companies scored the highest for each of review committee members. As noted at the time of selection by the review committee, HdL Companies has demonstrated expertise in the field of cannabis monitoring at both a local and state level.
II. FISCAL IMPACTS:
Sufficient funding for this service is available in the Fiscal Year 2021-22 Budget General Fund, Commercial Cannabis Projects, Professional Services expense, account Number 0001-4003-3030. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
This item is consistent with goal number one (1) of the City of Atwater's 2020-2025 Strategic Plan: to ensure the City's continued financial stability.
Agenda Report - Page 4
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
A section review committee, made up of three (3) staff members, evaluated and scored each proposal to determine the rankings. After review and careful consideration of the selection criteria identified in the RFP for the proposals, the committee unanimously ranked HdL Companies as the top firm.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not considered a "project" pursuant to Section 21065 of the Public Resources Code in that the action would not have a direct or indirect effect to the physical environment and therefore is not subject to analysis. Any cannabis business that may become a focus as a result of this item were subject to environmental analysis on a case-by-case basis.
IX. STEPS FOLLOWING APPROVAL:
Following the City Council's approval for award, staff will work with the City Manager and/or her designee to execute a professional services agreement, hold a project kickoff meeting and issue a notice to proceed, with acquisition services to follow.
Submitted by:
Greg Thompson, Public Works/Community Development Director Approved by:
Lori Waterman, City Manager
Agenda Report - Page 5
Attachments:
1. Professional Services Agreement - HdL Companies Consultant Services for Cannabis Monitoring and Compliance Services (With Fee Schedule)
Professional Services Agreement between January 10, 2022 City of Atwater and HdL Companies Page 1 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND HDL COMPANIES
THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Hinderliter de Llamas and Associates, a California Corporation, (“Professional”) as of January 10, 2022 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work and Fee Schedule attached hereto and incorporated herein as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on January 10, 2023, the date of completion specified in Exhibit A.
Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.
1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing.
1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $78,150 per year, notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
Professional Services Agreement between January 10, 2022 City of Atwater and HdL Companies Page 2 of 16
between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit A, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
The Professional’s signature; and
Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
Professional Services Agreement between January 10, 2022 City of Atwater and HdL Companies Page 3 of 16
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit A, and shall not exceed ($0). Expenses not listed in Exhibit A are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.
City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that
Professional Services Agreement between January 10, 2022 City of Atwater and HdL Companies Page 4 of 16
may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided, or reduced in coverage or in limits.
The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION
Professional Services Agreement between January 10, 2022 City of Atwater and HdL Companies Page 5 of 16
DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional.
The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt
Professional Services Agreement between January 10, 2022 City of Atwater and HdL Companies Page 6 of 16
requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided, or reduced in coverage or in limits.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the
Professional Services Agreement between January 10, 2022 City of Atwater and HdL Companies Page 7 of 16
Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.6 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Professional agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.
4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or