Atwater City Council
January 24, 2022

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 24, 2022
CALL TO ORDER: 5:00 PM
ROLL CALL:

Ambriz ____, Button ____, Cale ____, Raymond ____, Creighton _____

City Council Agenda for Meeting of January 24, 2022 Page 2 CLOSED SESSION:

Adjourn to Conference Room A
• Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):

Number of cases (2)
• Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1): Name of case: Sandra L. Rahn v. City of Atwater; Case No. 1:21-CV-01712-DAD-SKO
• Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator regarding property acquisition. Agency Negotiator:

City Manager Waterman. Property Owner Negotiator: Daisy Fuentes Property Locations: APN 002-207-008
• Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): Number of cases (1)
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM

PLEDGE OF ALLEGIANCE TO THE FLAG

INVOCATION
Invocation by Pastor Rich Miller
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.)

City Council Agenda for Meeting of January 24, 2022 Page 3 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. • Oath of Office - Public Safety Dispatcher Trainee
Staff's Recommendation: That Mayor Creighton administer the oath of office to the newly appointed Public Safety Dispatcher Trainee Crystal Herrera.

PRESENTATIONS:
• Monthly report by Merced County District 3 Supervisor McDaniel ***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. January 24, 2022
Staff's Recommendation: Approval of warrants as listed.

TREASURER'S REPORT:

2. November 30, 2021
Staff's Recommendation: Approval of report as listed.

City Council Agenda for Meeting of January 24, 2022 Page 4 MINUTES: (City Council)

3. a) January 10, 2022 - Special meeting
b) January 10, 2022 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

MINUTES: (Planning Commission)

4. November 17, 2021 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.

RESOLUTIONS

5. 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. 3278-22 making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater.

6. Approving Revisions to the City of Atwater Purchasing System Manual pursuant to Chapter 3.04 "Purchasing System" of the Atwater Municipal Code (City Manager Waterman)
Staff's Recommendation: Adoption of Resolution No. 3287-22 approving revisions to the City of Atwater Purchasing System Manual pursuant to Chapter 3.04 "Purchasing System of the City of Atwater Municipal Code.

7. Authorizing Submittal of Grant Application to Department of Homeland Security's Staffing for Adequate Fire and Emergency Response Grant (CAL FIRE Battalion Chief Ayuso)
Staff's Recommendation: Adoption of Resolution No. 3285-22 authorizing submittal of a grant application to the Department of Homeland Security's (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) Grant; and authorizes and directs the City Manager, or her designee, to sign the grant application and implement the project on behalf of the City.

City Council Agenda for Meeting of January 24, 2022 Page 5

8. Authorizing Submittal of Grant Application to California Department of Resources Recycling and Recovery for SB 1383 Local Assistance Grant Program (Public Works/Community Development Director Thompson) Staff's Recommendation: Adoption of Resolution No. 3282-22 authorizing submittal of a grant application to the California Department of Resources Recycling and Recovery (CalRecycle) for SB 1383 Local Assistance Grant Program; and authorizes and directs the City Manager, or her designee, to execute all documents on behalf of the City.

9. Authorizing Submittal of Grant Application to California Department of Transportation for Clean California Local Grant Program (Public Works/Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3286-22 authorizing submittal of a grant application to the California Department of Transportation (Caltrans) for Clean California Local Grant Program (CCLGP); and authorizes and directs the City Manager, or her designee, to execute all documents on behalf of the City.

10. Approving Agreement affecting Real Property and Outside Service Agreement for Water Service with Clay and Sherry Berlier (Public Works/Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3283-22 approving the Agreement affecting Real Property and Outside Service Agreement for Water Service, in a form approved by the City Attorney, with Clay and Sherry Berlier; and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.

11. Approving Agreements affecting Real Property and Outside Service Agreement for Water Service with property owners of Castle Park Acres Division (Public Works/Community Development Director Thompson) Staff's Recommendation: Adoption of Resolution No. 3284-22 approving the Agreements affecting Real Property and Outside Service Agreement for Water Service, in a form approved by the City Attorney, with the property owners of the Castle Park Acres Division; and authorizes and directs the City Manager, or her designee, to execute the agreements on behalf of the City.
***END OF CONSENT CALENDAR***

City Council Agenda for Meeting of January 24, 2022 Page 6 REPORTS AND PRESENTATIONS FROM STAFF:

12. Waiving the first reading and introducing an ordinance of the City Council amending Section 13.12.120, "Service to Users Outside City Limits," of Title 13, "Public Services," of the Atwater Municipal Code (Public Works/Community Development Director Thompson) Staff's Recommendation: Motion to waive the first reading and introduce Ordinance No. CS 1043 amending Section 13.12.120, "Service to Users Outside City Limits," of Title 13, "Public Services," of the Atwater Municipal Code; or
Motion to approve staff's recommendation as presented.

13. Waiving the first reading and introducing an ordinance of the City Council amending Section 2.07.010, "Commission appointments," of Title 2, "Administration and Personnel," of the Atwater Municipal Code (Public Works/Community Development Director Thompson) Staff's Recommendation: Motion to waive the first reading and introduce Ordinance No. CS 1044 amending Section 2.07.010, "Commission appointments," of Title 2, "Administration and Personnel," of the Atwater Municipal Code; or
Motion to approve staff's recommendation as presented.

City Council Agenda for Meeting of January 24, 2022 Page 7 CITY MANAGER REPORTS/UPDATES:

14. Categorizing American Rescue Plan Act (ARPA) funds as "Lost Revenue," Establishing List of ARPA Priorities, Approving Budget Amendment establishing revenue and budget appropriation for ARPA, and Authorizing and Directing City Manager to approve Call for Bids, Plans, and Specifications for all Eligible ARPA Priority Projects and award such Projects (City Manager Waterman)
Staff's Recommendation: Motion to categorize all ARPA Revenue in the amount of $7,071,141 as "Lost Revenue" as defined by the US Department of Treasury's Final Rule; and
Motion to establish and approve a list of ARPA Priorities; and Motion to adopt Resolution No. 3290-22 approving Budget Amendment No. 22 amending the Fiscal Year 2021-22 Budget to establish revenue and expenditure budget appropriation in the amount of $3,535,571 for American Rescue Plan Act; and
Motion to adopt Resolution No. 3291-22 authorizing and directing the City Manager, or her designee, to approve the Call for Bids and Plans and Specifications for all eligible ARPA priority Public Works Projects and award such projects of $200,000 or less; or
Motion to approve staff's recommendation as presented.

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:

City Council comments
CLOSED SESSION:

Continuation of Closed Session if necessary

ADJOURNMENT

City Council Agenda for Meeting of January 24, 2022 Page 8 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 JANUARY 24, 2022
TOTAL OF WARRANTS {FROM WARRANT REPORT) Is 388,758.87 I

ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS)

DATE I DESCRIPTION AMOUNT
1/10/20221Prewrittens included in this current warrant run. 1/13/2022 PERS Retirement EFT 12/23/21-1/5/22
$ {1,008.44)
$ 47,328.78
TOTAL ADDITIONAL WARRANTS $ 46,320.34
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $435,079.21 l1NFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) IDATE I DESCRIPTION. {AMOUNT
1/13/2022 Net Payroll
1/13/2022 Federal Taxes
1/13/2022 State Taxes
1/13/2022 Payroll Deductions
$158,051.11 $218,720.45
$53,745.25
$6,924.09
$868.44
TOTAL INFORMATIONAL WARRANTS $219,588.89

CITY TREASURER

Accounts Payable
Checks for Approval
User:

Printed:
jdaniel
1/19/2022- 2:31 PM fr&() (l 'tV\S At~ater
t ·• ,,nu,un::tt· l'ru:I.- ( it v H'i,I,,
760 Bellevue RD3C1, /\lla\13ter CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18770 01/13/2022 General Fund Travel/Conferences/Meetings CITY OF LOS BANOS 35.00 18770 01/13/2022 General Fund Travel/Conferences/Meetings CITY OF LOS BANOS 35.00 18770 01/13/2022 General Fund Travel/Conferences/Meetings CITY OF LOS BANOS 70.00 Check Total: 140.00
18771 01/18/2022 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 708.44 Check Total: 708.44
18772 01/18/2022 General Fund Garnishments FRANCHISE TAX BOARD 160.00 Check Total: 160.00
---
---
Report Total: 1,008.44
AP-Checks for Approval (1/19/2022 - 2:31 PM) Page 1

Accounts Payable
Checks for Approval
User:

Printed:
jdaniel
1/19/2022 - 2:28 PM
A~ater
ComnruniJ-y Pri cu, Wi
750 Betlevt..re Rooo, .AlWatet" CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 01/24/2022 Public Safety Trans & Use Tax Machinery & Equipment U.S. BANK EQUIPMENT FINANCE 1,674.65 0 01/24/2022 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 6,288.84 0 01/24/2022 Water Enterprise Fund Machinery & Equipment ENTERPRISE FM TRUST 459.65 0 01/24/2022 Sewer Enterprise Fund Machinery & Equipment ENTERPRISE FM TRUST 459.66 Check Total: 8,882.80
18773 01/24/2022 Internal Service Fund Special Departmental Expense ADVANCED HEATING & AIR 909.30 18773 01/24/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR 212.50 Check Total: 1,121.80 ~
18774 01/24/2022 General Fund Professional Services ADVANCED MOBILITY GROUP 380.00 Check Total: 380.00 ,,-
18775 01/24/2022 Information Technology Fund Special Departmental Expense AIRES PRING 3,729.15 Check Total: 3,729.15 -
18776 01/24/2022 Internal Service Fund Utilities AMERIGAS - MODESTO 4,235.28 Check Total: 4,235.28 -
18777 01/24/2022 SBl-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements ASSOCIATED RIGHT OF WAY SERVICES, INC. 16,202.50 Check Total: 16,202.50
18778 01/24/2022 General Fund Communications AT & T MOBILITY 131.40 Check Total: 131.40 -
18779 01/24/2022 General Fund Communications AT and T- CALNET3 301.86 Check Total: 301.86
18780 01/24/2022 General Fund Communications AT&T 197.95 Check Total: 197.95
AP-Checks for Approval (1/19/2022 - 2:28 PM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18781 01/24/2022 General Fund Professional Services ATWATER ELECTRIC 1,600.00 18781 01/24/2022 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 1,305.00 18781 01/24/2022 Sewer Enterprise Fund Professional Services ATWATER ELECTRIC 555.00 18781 01/24/2022 Internal Service Fund Professional Services ATWATER ELECTRIC 1,900.00 18781 01/24/2022 Internal Service Fund Professional Services ATWATER ELECTRIC 2,000.00 18781 01/24/2022 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 225.00 Check Total: 7,585.00 --
18782 01/24/2022 General Fund Capital City Bldg - Civic Center #2 BEST BROS PAINTING LLC 9,020.00 ---
Check Total: 9,020.00
18783 01/24/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 100.82 18783 01/24/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 17.43 18783 01/24/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 10.36 18783 01/24/2022 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 115.98 Check Total: 244.59 -
18784 01/24/2022 Internal Service Fund Special Departmental Expense BOB'S REFRIGERATION 859.51 18784 01/24/2022 Internal Service Fund Professional Services BOB'S REFRIGERATION 220.00 Check Total: 1,079.51 ,-
18785 01/24/2022 Information Technology Fund Special Departmental Expense BOXCASTINC 1,788.00 Check Total: I ,788.00 .-
18786 01/24/2022 Water Enterprise Fund Professional Services, BSK ASSOCIATES 171.00 18786 01/24/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 18786 01/24/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 133.00 18786 01/24/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 Check Total: 640.00
18787 01/24/2022 Sewer Enterprise Fund Special Departmental Expense CAL FARM SERVICES 18.78 18787 01/24/2022 Sewer Enterprise Fund Professional Services CAL FARM SERVICES 90.00 18787 01/24/2022 Internal Service Fund Operations & Maintenance CAL FARM SERVICES 64.05 18787 01/24/2022 General Fund Professional Services CAL FARM SERVICES 160.00 Check Total: 332.83
18788 01/24/2022 General Fund Travel/Conferences/Meetings JOHN CALE 39.20 18788 01/24/2022 General Fund Travel/Conferen.:::es/Meetings JOHN CALE 119.84 Check Total: 159.04
18789 01/24/2022 Internal Service Fund Professional Services CAR WASH PARTNERS, INC. 185.00 AP-Checks for Approval (1/19/2022 - 2:28 PM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 185.00
18790 01/24/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 1,270.93 ---
18791 01/24/2022 General Fund Professional Services CENTRAL VALLEY FORE C
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Check Total: 1,200.00
18792 01/24/2022 General Fund Uniform & Clothing Expense CINTAS 97.50 18792 01/24/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 21.00 18792 01/24/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 41.83 18792 01/24/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 48.61 18792 01/24/2022 Sanitation Enterprise Uniform & Clothing Expense CINTAS 4.82 18792 01/24/2022 Internal Service Fund Special Departmental Expense CINTAS 17.75 18792 01/24/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 18792 01/24/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 12.53 Check Total: 259.06
18793 01/24/2022 General Fund Training CITY OF GUSTINE 25.00 Check Total: 25.00
18794 01/24/2022 General Fund Professional Services CIVICPLUS 4,000.00 -
--
Check Total: 4,000.00 -
18795 01/24/2022 Internal Service Fund Communications COMCAST CABLE 162.21 --
Check Total: 162.21 ,.....
18796 01/24/2022 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 301.15 Check Total: 301.15
18797 01/24/2022 CFD Districts Machinery & Equipment COOK'S COMMUNICATIONS 95.90 Check Total: 95.90
18798 01/24/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 135.94 -
Check Total: 135.94 --
18799 01/24/2022 Internal Service Fund Professional Services D & D PEST CONTROL 280.00 Check Total: 280.00
18800 01/24/2022 Information Technology Fund Professional Services DATAPATH 7,850.00 18800 01/24/2022 Information Technology Fund Special Departmental Expense DATAPATH 1,987.00 AP-Checks for Approval (1/19/2022 - 2:28 PM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 9,837.00
18801 01/24/2022 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,183.10 18801 01/24/2022 Internal Service Fund Professional Services DELRAYTIRE 60.00 18801 01/24/2022 Internal Service Fund Operations & Maintenance DELRAY TIRE 441.41 Check Total: 1,684.51
18802 01/24/2022 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 1,490.00 ---
Check Total: 1,490.00
18803 01/24/2022 Internal Service Fund Operations & Maintenance DON'S MOBILE GLASS 135.00 Check Total: 135.00 -
18804 01/24/2022 Internal Service Fund Professional Services ELITE IRON FENCING 420.00 Check Total: 420.00
_,
18805 01/24/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 207.83 18805 01/24/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 1,555.08 Check Total: 1,762.91 ,,..-.
18806 01/24/2022 General Fund Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 1,505.00 18806 01/24/2022 Sierra Parks LO Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18806 01/24/2022 Shaffer Lakes East LO Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE1 53.75 18806 01/24/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE1 215.00 18806 01/24/2022 Sandlewood Square LO Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18806 01/24/2022 Redwood Estates LO Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 18806 01/24/2022 Cottage Gardens LO Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE~ 107.50 18806 01/24/2022 Stone Creek LO Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE~ 107.50 18806 01/24/2022 Meadow View LO Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE~ 53.75 Check Total: 2,257.50
18807 01/24/2022 General Fund Building Permits MAURICIO ESCAMILLA 85.00 Check Total: 85.00
18808 01/24/2022 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 15.93 18808 01/24/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 847.18 18808 01/24/2022 Sewer Enterprise Fund Special Departmental Expense FASTENAL COMPANY 69.12 18808 01/24/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 6.31 Check Total: 938.54
18809 01/24/2022 General Fund Office Supplies FEDERAL EXPRESS 79.19 AP-Checks for Approval (1/19/2022 - 2:28 PM) Page 4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 79.19
18810 01/24/2022 General Fund Professional Services FENCE BUILDERS INC. 400.00 18811 01/24/2022 Water Enterprise Fund Special Departmental Expense FERGUSON ENTERPRISE C
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575.33
18811 01/24/2022 Water Fund Capital Replacement Hydrant Replacement FERGUSON ENTERPRISES INC. #690 4,905.47 18811 01/24/2022 Water Fund Capital Replacement Hydrant Replacement FERGUSON ENTERPRISES INC. #690 4,873.99 18811 01/24/2022 Water Enterprise Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 260.47 Check Total: 10,615.26
-- 18812 01/24/2022 Sewer Enterprise Fund Professional Services FOSTER'S PUMPS, INC. 3,240.00 18812 01/24/2022 Sewer Enterprise Fund Machinery & Equipment FOSTER'S PUMPS, INC. 3,630.61 ---
Check Total: 6,870.61 --
18813 01/24/2022 Internal Service Fund Professional Services FRESNO ROOFING COMPANY, INC. 938.77 Check Total: 938.77 --
18814 01/24/2022 Water Enterprise Fund Small Tools GRAINGER, INC. 3,038.09 --
Check Total: 3,038.09 ,-
18815 01/24/2022 Internal Service Fund Professional Services INTERSTATE TRUCK CENTER 2,957.40 18815 01/24/2022 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 2,266.53 ---
Check Total: 5,223.93 .,.-
18816 01/24/2022 Internal Service Fund Professional Services JACK'S R BETTER INC. 88.00 --
Check Total: 88.00 .,.-
18817 01/24/2022 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 8,790.00 ---
Check Total: 8,790.00
18818 01/24/2022 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 379.85 18818 01/24/2022 Local Transportation Fund Atw Blvd & First St Signal JLB TRAFFIC ENGINEERING, INC 1,077.69 18818 01/24/2022 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 42.21 18818 01/24/2022 Local Transportation Fund Atw Blvd & First St Signal JLB TRAFFIC ENGINEERING, INC 327.09 Check Total: 1,826.84
18819 01/24/2022 Internal Service Fund Special Departmental Expense KELLOGG'S SUPPLY 93.46 18819 01/24/2022 Internal Service Fund Operations & Maintenance KELLOGG'S SUPPLY 106.83 Check Total: 200.29
AP-Checks for Approval (1/19/2022 - 2:28 PM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18820 01/24/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 18.72 18820 01/24/2022 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 21.64 Check Total: 40.36
18821 01/24/2022 Sewer Enterprise Fund Uniform & Clothing Expense LAWSON PRODUCTS 443.72 Check Total: 443.72
18822 01/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 125.76 18822 01/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 98.78 18822 01/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 98.78 18822 01/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 106.02 18822 01/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 84.30 18822 01/24/2022 Sewer Enterprise Fund Sewer Lift Station Imprvmnts MCCLATCHY COMPANY LLC 317.79 18822 01/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 96.97 Check Total: 928.40 -
18823 01/24/2022 Internal Service Fund Professional Services MERCED CHEVROLET 870.00 18823 01/24/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 1,630.42 Check Total: 2,500.42
18824 01/24/2022 Sewer Enterprise Fund Professional Services MERCED COUNTY 666.00 Check Total: 666.00
18825 01/24/2022 General Fund Special Departmental Expense MERCED FACULTY ASSOCIATES 175.00 Check Total: 175.00
18826 01/24/2022 General Fund Professional Services MUNISERVICES LLC 284.28 18826 01/24/2022 General Fund Professional Services MUNISERVICES LLC 484.71 Check Total: 768.99
18827 01/24/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 14.18 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 14.67 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 743.57 18827 01/24/2022 · Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -2.26 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 23.43 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 176.82 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 30.29 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 256.92 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 12.98 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 209.40 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -259.79 18827 01/24/2022 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 34.63 AP-Checks for Approval (l/19/2022 - 2:28 PM) Page 6

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 15.25 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 91.82 18827 01/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 35.66 18827 01/24/2022 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 35.98 Check Total: 1,433.55 .--
18828 01/24/2022 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 1,100.00 18828 01/24/2022 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 550.00 18828 01/24/2022 1,2,3-TCP Fund Professional Services PACE ANALYTICAL SERVICES, LLC 550.00 Check Total: 2,200.00 --
18829 01/24/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 56.37 18829 01/24/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 4,263.37 18829 01/24/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 62.66 Check Total: 4,382.40
18830 01/24/2022 Internal Service Fund Special Departmental Expense PAPE' MACHINERY INC. 34.55 18830 01/24/2022 Internal Service Fund Special Departmental Expense PAPE' MACHINERY INC. 47.28 Check Total: 81.83 _.
18831 01/24/2022 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 706.25 18831 01/24/2022 RDVLPMNT Obligation Retirement Professional Services A.M. PECHE & ASSOC. LLC 2,944.29 18831 01/24/2022 RDVLPMNT Obligation Retirement Professional Services A.M. PECHE & ASSOC. LLC 450.00 18831 01/24/2022 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 450.00 Check Total: 4,550.54
18832 01/24/2022 General Fund Professional Services PRECISION CIVIL ENGINEERING 680.00 Check Total: 680.00
18833 01/24/2022 RDVLPMNT Obligation Retirement Professional Services ROSENOW SPEVACEK GROUP INC. 1,588.75 18833 01/24/2022 General Fund Professional Services ROSENOW SPEVACEK GROUP INC. 2,593.75 18833 01/24/2022 RDVLPMNT Obligation Retirement Professional Services ROSENOW SPEVACEK GROUP INC. 1,387.50 Check Total: 5,570.00
18834 01/24/2022 Internal Service Fund Professional Services SAN JOAQUIN VALLEY AIR 84.00 Check Total: 84.00
18835 01/24/2022 General Fund Professional Services SANTA FE PET HOSPITAL 132.00 18835 01/24/2022 General Fund Professional Services SANTA FE PET HOSPITAL 132.00 Check Total: 264.00 _,
AP-Checks for Approval (1/19/2022 - 2:28 PM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18836 01/24/2022 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 1,925.42 Check Total: 1,925.42
,..
18837 01/24/2022 Traffic Circulation Fund Project Retention ST FRANCIS ELECTRIC 4,761.65 18837 01/24/2022 SB I-Road Maint & Rehab RMRA Project Retentior: ST FRANCIS ELECTRIC 1,595.85 ---
Check Total: 6,357.50
18838 01/24/2022 General Fund Special Departmental Expense STAGE STOP GUN SHOP 500.00 Check Total: 500.00 -
18839 01/24/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 67.75 18839 01/24/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 43.28 18839 01/24/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 131.04 Check Total: 242.07 -
18840 01/24/2022 Sewer Enterprise Fund Special Departmental Expense STATE WATER RESOURCES CONTROL BOARB 46,524.00 ---
Check Total: 46,524.00
18841 01/24/2022 General Fund Professional Services STERICYCLE, INC. 34.42 Check Total: 34.42
18842 01/24/2022 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 230.00 18842 01/24/2022 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 251.00 18842 01/24/2022 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 256.00 18842 01/24/2022 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 180.00 18842 01/24/2022 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 286.00 18842 01/24/2022 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 277.00 Check Total: 1,480.00
18843 01/24/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,641.12 18843 01/24/2022 Water Enterprise Fund Utilities TERRAF ORM PHOENIX II ARCADIA HOLDING 4,135.68 18843 01/24/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,528.32 18843 01/24/2022 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 740.64 Check Total: 8,045.76 -
18844 01/24/2022 Public Safety Trans & Use Tax Professional Services THE LEW EDWARDS GROUP 6,000.00 Check Total: 6,000.00
18845 01/24/2022 Internal Service Fund Professional Services TIRE DISTRIBUTION SYSTEMS INC. 131.25 18845 01/24/2022 Internal Service Fund Operations & Maintenance TIRE DISTRIBUTION SYSTEMS INC. 26.74 AP-Checks for Approval (1/19/2022 - 2:28 PM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 157.99
18846 01/24/2022 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 18846 01/24/2022 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 66.00
18847 01/24/2022 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,400.70 18847 01/24/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,727.00 18847 01/24/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 626.06 Check Total: 4,753.76
18848 01/24/2022 Internal Service Fund Operations & Maintenance VAN DE POL 11,096.37 ---
Check Total: 11,096.37 -
18849 01/24/2022 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATINC 161,693.63 18849 01/24/2022 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATINC -13,630.85 ---
Check Total: 148,062.78
18850 01/24/2022 General Fund Communications VERIZON WIRELESS 1,715.81 18850 01/24/2022 General Fund Communications VERIZON WIRELESS 1,033.70 18850 01/24/2022 Public Safety Trans & Use Tax Communications VERIZON WIRELESS 111.50 18850 01/24/2022 Abandoned Veh Abatement Fund Communications VERIZON WIRELESS 81.00 18850 01/24/2022 General Fund Communications VERIZON WIRELESS 139.31 18850 01/24/2022 General Fund Miscellaneous VERIZON WIRELESS 354.55 18850 01/24/2022 General Fund Miscellaneous VERIZON WIRELESS 40.01 18850 01/24/2022 General Fund Communications VERIZON WIRELESS 101.30 18850 01/24/2022 General Fund Communications VERIZON WIRELESS 50.65 18850 01/24/2022 General Fund Communications VERIZON WIRELESS 151.95 18850 01/24/2022 General Fund Communications VERIZON WIRELESS 534.64 18850 01/24/2022 Gas Tax/Street Improvement Communications VERIZON WIRELESS 243.10 18850 01/24/2022 Water Enterprise Fund Communications VERJZON WIRELESS 305.92 18850 01/24/2022 Sewer Enterprise Fund Communications VERIZON WIRELESS 496.58 18850 01/24/2022 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.07 18850 01/24/2022 Sanitation Enterprise Communications VERIZON WIRELESS 50.65 18850 01/24/2022 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.01 18850 01/24/2022 Internal Service Fund Communications VERIZON WIRELESS 50.65 18850 01/24/2022 Internal Service Fund Utilities VERJZON WIRELESS 80.19 18850 01/24/2022 Internal Service Fund Communications VERIZON WIRELESS 101.30 18850 01/24/2022 Information Technology Fund Communications VERIZON WIRELESS 50.65 Check Total: 5,773.54
18851 01/24/2022 General Fund Communications VINCENT COMMUNICATIONS, INC 167.81 AP-Checks for Approval (1/19/2022 - 2:28 PM) Page 9

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 167.81
18852 01/24/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 958.11 Check Total: 958.11
18853 01/24/2022 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 11.91 18853 01/24/2022 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 28.96 Check Total: 40.87
18854 01/24/2022 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 9.12 18854 01/24/2022 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 23.50 18854 01/24/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 23.59 Check Total: 56.21
18855 01/24/2022 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 Check Total: 29.97 --
18856 01/24/2022 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 60.31 18856 01/24/2022 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 3.76 18856 01/24/2022 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 2.47 18856 01/24/2022 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 13.76 Check Total: 80.30
Report Total: 387,750.43
AP-Checks for Approval (1/19/2022 - 2:28 PM) Page 10

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 11/30/2021
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 4,743,782.28 828,415.72 934,346.09 4,637,851.91 0003 General Fund Capital 696,009.30 0.00 39,268.42 656,740.88 0004 Public Safety Trans & Use Tax 913,650.27 256,467.64 111,455.99 1,058,661.92 0005 Ferrari Ranch Project Fund 21,062.00 0.00 0.00 21,062.00 0007 Measure V Fund 2,662,127.90 74,296.06 0.00 2,736,423.96 0008 Measure V 20% Alternative Modes 400,820.69 18,574.01 962.46 418,432.24 0009 Abandoned Veh Abatement Fund (4,248.86) 0.00 1,388.90 (5,637.76) 0010 Measure V Regional Fund (30,682.33) 0.00 240,947.17 (271,629.50) 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 101,749.41 116,529.30 56,429.29 161,849.42 1013 Local Transportation Fund 584,518.15 212.84 0.00 584,730.99 1015 Traffic Circulation Fund 1,531,946.08 725.00 90,471.35 1,442,199.73 1016 Applegate Interchange 766,734.13 1,263.00 0.00 767,997.13 1017 RSTP-Regional Surface Transp Prag 2,320,483.02 0.00 0.00 2,320,483.02 1018 SB1-Road Maint & Rehab RMRA 1,685,097.13 52,736.75 32,511.15 1,705,322.73 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,333,214.02 2,382.00 0.00 2,335,596.02 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 610,738.31 0.00 0.00 610,738.31 1091 Police Facility Impact Fee 202,722.86 401.00 0.00 203,123.86 3064-67 Redevelopment/Successor Agency Funds 1,767,814.44 13,368.17 62,153.11 1,719,029.50 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 2,953.92 124.00 920.00 2,157.92 4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00
4080 Pension Rate Stblztn 115 Trust 230,073.59 0.00 3,944.65 226,128.94

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
FUND
4090 CFD No. 1 Trust
5001-55 All Maintenance Districts
5050 CFD Districts
6000 Water Enterprise Fund
6001 Water Fund Capital Replacement
6002 DBCP Settlement
6004 Water Well- Buhach Colony
6005 Water Capital Impact Fees
6006 Water Operating Reserve Fund
6007 1,2,3-TCP Fund
601 O Sewer Enterprise Fund
6011 Sewer Fund Capital Replacement
6020 Sanitation Enterprise
7000 Internal Service Fund
7001 ISF EquipmenUBldg Replacement
7010 Employee Benefits Fund
7020 Risk Management
7030 Information Technology
9090 Accrued Interest Fund
TOTAL
AS OF 11/30/2021
BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
130,624.75 0.00 0.00 130,624.75
1,493,139.13 0.00 2,814.52 1,490,324.61
(207,511.81) 0.00 19,347.82 (226,859.63)
6,458,238.46 550,964.03 166,570.45 6,842,632.04
3,582,839.65 0.00 10,685.00 3,572,154.65
20,514.98 0.00 0.00 20,514.98
183,342.18 0.00 0.00 183,342.18
2,393,189.00 3,089.00 0.00 2,396,278.00
179,774.04 0.00 0.00 179,774.04
22,163,097.41 1,030.00 793,162.91 21,370,964.50
16,717,014.66 1,074,508.32 995,674.32 16,795,848.66
3,480,241.08 6,387.00 0.00 3,486,628.08
2,394,753.71 338,355.32 263,178.03 2,469,931.00
411,024.67 364.04 76,037.73 335,350.98

0.00 0.00 0.00 0.00
706,578.10 5,900.34 63,854.16 648,624.28
303,740.31 0.00 13,560.37 290,179.94
232,264.80 0.00 28,099.44 204,165.36
72,500.58 1,151.00 0.00 73,651.58
87,341,954.24 3,348,143.30 4,007,914.39 86,682,183.15
Prepared by: / - 0 da)i, Approved by~---
Mark Borba, City Treasurer

Statement o:f Changes in Cash Balan~e
by Bank
As of 11/30/2021
Beg. Period
Balance
Cash
Debits
Cash
Credits
End Period
Balance
City- LAIF
City - RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
Totals
55,531,781.66
1,141,632.00
1,464,624.74
6,138,096.12
61,676.49
22,974,069.64
230,073.59
1,151.00
3,346,991.96

0.34 87,341,954.24
Prepared by:-1--------6.,C...,..,.e:.....J... ..c:..--4.<'=.. _ 3,560,301.97
370,842.20
58,798.11
14,027.46
3,944.65
55,531,781.66
1,142,783.00
1,251,314.73
5,767,253.92
2,878.72
22,960,042.18
226,128.94
3,348,143.30 4,007,914.39 86,682,183.15
Approved b~--- ~-~---
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-Employ_ment Benefits Trust
55,531,781.66
1,142,783.00
22,960,042.18
226,128.94
Bank Account Detail
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
1,691,447.26
5,767,253.92
2,878.72

SPECIAL MEETING

CITY COUNCIL

ACTION MINUTES
January 10, 2022
CALL TO ORDER:

The City Council of the City of Atwater met in Special Session this date at 4:30 PM 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 regular City Council meeting of January 10, 2022.

ROLL CALL:

Present: City Council Members Button (via teleconference), Raymond (via teleconference), Mayor Pro Tem Cale, Mayor Creighton

Absent: City Council Member Ambriz
Staff Present: City Manager Waterman, City Attorney Splendorio (via teleconference), Deputy City Clerk Martin, Recording Secretary Thuang
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 January 10, 2022 Page 2 By: Leslie Thuang
Recording Secretary
COMMISSIONER MEMBER INTERVIEWS:

Interviews for one (1) scheduled vacancy on the City of Atwater Planning Commission, for the term of four (4) years, ending December 31, 2025 The City Council interviewed four of the five qualified candidates. One of the candidates requested to have their application withdrawn before their scheduled interview time and was not considered in the selection process.

COMMISSIONER MEMBER APPOINTMENT:

Appointment of one (1) Commissioner Member to the scheduled vacancy on the City of Atwater Planning Commission, for the term of four (4) years, ending December 31, 2025 Mayor Creighton called a recess at 4:49 PM.

Mayor Creighton resumed the meeting at 4:51 PM.

By consensus the City Council, by roll call vote, nominated one candidate to fill the scheduled vacancy on the Planning Commission.

MOTION: Mayor Creighton moved to appoint candidate Theron S. Sanders Sr. to the Planning Commission for the term of four (4) years, ending December 31, 2025.

The motion was seconded by City Council Member Raymond and the vote was:

Ayes: Raymond, Creighton; Noes: Cale, Button; Absent: Ambriz. The motion failed.

MOTION: Mayor Pro Tem Cale moved to appoint candidate Harold Kadach to the Planning Commission for the term of four (4) years, ending December 31, 2025. The motion was seconded by City Council Member Button and the vote was: Ayes:

Cale, Raymond, Button, Creighton; Noes: None; Absent: Ambriz. The motion passed.

ADJOURNMENT:

The Special Meeting adjourned at 5:24 PM.
_________________________________

JANELL MARTIN,

DEPUTY CITY CLERK

CITY COUNCIL

ACTION MINUTES
January 10, 2022
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 and on Zoom; Mayor Creighton presiding.

ROLL CALL:

Present: Mayor Pro Tem Cale, Mayor Creighton

Absent: City Council Members Ambriz, Button, Raymond
Staff Present: City Manager Waterman, City Attorney Splendorio (via teleconference) Deputy City Manager Del Real, 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 5:35 PM. Closed Session was called to order at 5:39 PM.

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

CITY OF ATWATER
Minutes

City Council Meeting Action Minutes for January 10, 2022 Page 2 Closed Session adjourned at 6:02 PM.

REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:07 PM 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 TO THE FLAG:

The Pledge of Allegiance was led by Jeannie Knight.

INVOCATION:

The Invocation was led by Police Chaplain Jim McClellan.

ROLL CALL:

Present: City Council Members Ambriz (via teleconference), Button (via teleconference), Raymond (via teleconference), Mayor Pro Tem Cale, Mayor Creighton

Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio (via teleconference), Finance Director Youmara, Information
Technology Manager Lamerson (via teleconference),
Recreation and Community Events Administrative Assistant Billings, Deputy City Clerk Martin
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

City Attorney Splendorio reported that the City Council considered one item of performance evaluation and one item of labor negotiations for City Manager Waterman. The City Council was provided direction and no reportable action was taken. The Closed Session agenda was completed.

SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: City Council Member Raymond moved to approve the agenda as posted. The motion was seconded by Mayor Pro Tem Cale and the vote was: Ayes: Button, Raymond, Ambriz, Cale, Creighton; Noes: None; Absent:

None. The motion passed.

City Council Meeting Action Minutes for January 10, 2022 Page 3 CEREMONIAL MATTERS:

Oath of Office – Police Officer
This item was postponed to the next regular City Council meeting of January 24, 2022.

Presentation of trophy to Fire Department for winning the City Christmas tree decorating contest
This item was postponed to the next regular City Council meeting of January 24, 2022.

Presentation of trophy to Mayor Creighton for winning the City snowman decorating contest
This item was postponed to the next regular City Council meeting of January 24, 2022.

CONSENT CALENDAR:

MOTION: Mayor Pro Tem Cale moved to approve the Consent Calendar as listed.

The motion was seconded by City Council Member Ambriz and the vote was:

Ayes: Raymond, Ambriz, Cale, Button, Creighton; Noes: None; Absent: None. The motion passed.

WARRANTS:

1. a) December 17, 2021
b) January 10, 2022
ACTION: Approval of warrants as listed.

TREASURER’S REPORT:

2. October 31, 2021
ACTION: Approval of report as listed.

MINUTES: (City Council)

3. a) December 13, 2021 – Regular meeting
b) December 20, 2021 – Special meeting
ACTION: Approval of minutes as listed.

City Council Meeting Action Minutes for 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)
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, California, 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)
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.

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)
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

City Council Meeting Action Minutes for January 10, 2022 Page 5

7. Accepting Reimbursement Funds and Approving Budget Amendment appropriating funds for 2021 Federal Emergency Management Agency’s Public Assistance Grant Program (CAL FIRE Battalion Chief Ayuso) 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.

AGREEMENTS:

8. Approving First Amendment to Site Lease Agreement with T-Mobile West LLC at Osborn Park (Public Works/Community Development Director Thompson) ACTION: Approval of the First Amendment to the Site Lease Agreement with TMobile 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)
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.

10. Approving a Master On-Call Provider list with various consultants for California Government Relations and Lobbying Services (Public Works/Community Development Director Thompson)
ACTION: Approval of the establishment of a Master On-Call Provider list with various consultants for California Government Relations and Lobbying Services.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person wished the City Council a Happy New Year and spoke regarding their appreciation for the recent holiday events within the City.

No one else came forward to speak.

City Council Meeting Action Minutes for January 10, 2022 Page 6 CITY COUNCIL MATTERS:
2022 City Council Reorganization/Mayor Committee Assignments  Mayor Pro Tem
o John Cale
 Merced County Association of Governments
(1 representative and 1 alternate)
o John Cale and Brian Raymond
 League of California Cities Central Valley Division
(1 representative and 2 alternates)
o John Cale and Danny Ambriz / Tyler Button
 City Audit and Finance Committee
(2 representatives)
o Danny Ambriz and Tyler Button
 LAFCO
(1 representative)
o Paul Creighton
 USP/Atwater Community Liaison Group
(1 representative and 1 alternate)
o Paul Creighton and Brian Raymond
 Atwater Community Services/Neighborhood Watch
(1 representative)
o Tyler Button
 4
th of July Committee
(1 representative)
o John Cale
 San Joaquin Valley Air Pollution Control District
(1 representative and 1 alternate)
o John Cale and Tyler Button
 SGMA
 (1 staff representative and 1 alternate)
o Justin Vinson and Paul Creighton
 IRWIN
(1 staff representative and 1 alternate)
o Justin Vinson and Paul Creighton

City Council Meeting Action Minutes for January 10, 2022 Page 7  ACE Train
(1 representative and 1 alternate)
o Paul Creighton and Brian Raymond
 One Voice
(1 representative and 1 alternate)
o John Cale and Danny Ambriz
 Bloss Mansion
(2 representatives)
o John Cale and Danny Ambriz
 Christmas Parade
(2 representatives)
o Paul Creighton and Tyler Button
 General Plan Technical Advisory Committee
(2 representatives)
o John Cale and Danny Ambriz
City Council comments
Mayor Pro Tem Cale spoke regarding the great holiday season within the City and encouraged the community to visit the Razzari Ice Skating Rink before it closes in one week.

City Council Member Button wished the community a Happy New Year, reminded the community to stay safe and healthy, and thanked all those who applied to the recent scheduled vacancy on the Planning Commission.

City Council Member Ambriz wished the community a Happy New Year. He also spoke regarding the recent passing of his father-in-law and asked the community to keep his family in their thoughts.

City Council Member Raymond sent his condolences to City Council Member Ambriz and his family.

Mayor Creighton sent his condolences to City Council Member Ambriz and his family. He thanked Adam Reed and Brad Kessler for their contributions to the community, Pastor Rich Miller for his work towards hosting the Christmas in Atwater Event at the Bloss Mansion, Chi Chi Wood for raising funds to provide Christmas lights in Downtown Atwater, and Jeannie Knight for purchasing a Christmas tree for the City and decorating it with Heidi Pacheco at the Bloss Mansion. He also thanked the City Council for volunteering their time on the different Committees and spoke regarding the City’s plans for the 100-year anniversary on August 16, 2022.

City Council Meeting Action Minutes for January 10, 2022 Page 8 ADJOURNMENT:

Mayor Creighton adjourned the meeting in memory of John Ruz.

The meeting adjourned at 6:32 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK
By: Leslie Thuang
Recording Secretary

CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 24, 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. 3278-22 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. 3278-22 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. 3278-22

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. 3278-22 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. 3278-22 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 24th 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.

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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 24, 2022
TO: Mayor and City Council
FROM: Lori Waterman, City Manager
PREPARED BY: Janell Martin
SUBJECT: Approving Revisions to the City of Atwater Purchasing System Manual pursuant to Chapter 3.04 "Purchasing System" of the Atwater Municipal Code (City Manager Waterman)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3287-22 approving revisions to the City of Atwater Purchasing System Manual pursuant to Chapter 3.04 "Purchasing System of the City of Atwater Municipal Code.

I. BACKGROUND/ANALYSIS:

Atwater Municipal Code, Chapter 3.04 entitled “Purchasing System” was developed to establish policies and procedures or the efficient and economical management of City purchasing. On March 25, 2002, the City Council adopted Ordinance No. CS 800 amending Chapter 3.04 of the Atwater Municipal Code, to revise the “Purchasing System”. On December 11, 2017, the City Council adopted Ordinance No. CS 987 as well as approved The City of Atwater Purchasing system Manual by adopting Resolution No. 2985-17 which allowed for approved efficiency and accountability.

Staff may modify the Purchasing Manual by Resolution from time to time to increase efficiencies, and to update the purchase procedures to be consistent with state law.

The recommended changes will allow the City the ability to (a) construct and let public projects pursuant to the alternative procurement methods under Public Contract Code section 22030 et seq., as well as allowing the City Council the ability to designate a representative to approve bid calls, plans and specifications on specified projects, and award projects under $200,000. This will maximize efficiency as allowed by state law.

To ensure that the Manual is current and complies with the latest legal requirements, the Purchasing Policy was revised, in part, to bring it up to date with current purchasing standards established by state law, as outlined in Exhibit “A." II. FISCAL IMPACTS:

There is no fiscal impact associated with revising the Purchasing System Manual. This

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2
item has been reviewed the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goals number one (1) and five (5) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and to support economic development that promotes a jobs-housing balance, 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:

Upon City Council's approval, the City Clerk's office will route the Resolution for signatures.

Submitted and Approved by:

Lori Waterman, City Manager
Attachments:

Agenda Report - Page 3

1. Resolution No. 3287-22 Approves Revisions to City Purchasing System Manual

2. Exhibit A - City of Atwater Purchasing System Manual

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3287-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING REVISIONS TO

THE CITY OF ATWATER PURCHASING SYSTEM
MANUAL PURSUANT TO CHAPTER 3.04
“PURCHASING SYSTEM” OF THE CITY OF

ATWATER MUNICIPAL CODE
WHEREAS, Government Code sections 54201 et seq. govern purchasing by local governmental bodies and require that every local agency adopt policies and procedures to govern their purchases of supplies and equipment; and WHEREAS, the City Council at its regular meeting of January 24, 2021, reviewed the revisions to the City of Atwater Purchasing System Manual developed by City staff to increase efficiencies and update the purchase procedures to be consistent with state law; and
WHEREAS, the Purchasing Policy was revised to bring it up to date with current purchasing standards established by state law, as outlined in Exhibit “A”; and WHEREAS, the City Council now desires to adopt revisions to the City of Atwater Purchasing System Manual attached hereto as EXHIBIT “A,” which shall govern the City’s purchasing functions pursuant to Chapter 3.04 “Purchasing System” of the Atwater Municipal Code are hereby approved.

The foregoing resolution is hereby adopted this 24th day of January 2022.

AYES:

NOES:

ABSENT:

Resolution No. 3287-22 Page 2
APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY OF ATWATER

PURCHASING SYSTEM MANUAL
SECTION 1: PURPOSE
Welcome to the City of Atwater Purchasing System Manual (“Purchasing Policy” or “Policy”). The purpose of this Policy is to provide the City of Atwater (“City”) a means of assuring continuity and uniformity in its purchasing operation and to define the responsibilities for purchasing goods, supplies, equipment, materials, and services. These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of purchasing activities. The basic standard that should always prevail is to exercise good judgment in the use and stewardship of City resources, including keeping within the budget authorized by the City Council and encouraging open competition.

SECTION 2: POLICY STATEMENT
Authority
The Policy contained herein was developed under the authority of Chapter 3.04 of the City of Atwater Municipal Code (“Atwater Municipal Code” or “AMC”). The City Manager is designated as the Purchasing Officer for the City and may delegate the administration of the program. The Purchasing Officer/Designee is charged with the responsibility and authority for coordinating and managing the procurement of the City’s goods, supplies, equipment, materials, and services according to this Policy.

The Policy outlined herein is to be adhered to by the Purchasing Officer/Designee and all City Departments when procuring supplies, services, and equipment. This Policy strives to define decision making with prudent review and internal control procedures and to maintain departmental responsibility and flexibility in evaluating, selecting, and purchasing goods, supplies, equipment, materials, and services.

Exclusions
Excluded from this Policy is the purchase of supplies, services, equipment, or general capital improvements which are included within the specification of a “Public Works Contract” and are subject to the regulations contained in California Labor Code §§ 1720 – 1743. Also excluded are items defined as a “Public Project” under California Public Contract Code §§ 20160 – 20174 and 22002.

Generally any construction, alteration, repair, demolition, renovation, or maintenance of a public project or a public works project paid for in whole or in part out of public funds, which has an estimated value greater than five thousand dollars ($5,000.00), shall be contracted for and let to the lowest responsible bidder by procedures established in the California Public Contract Code, which are generally consistent with either the Formal Bidding Procedure under Atwater Municipal Code Section 3.05.050 and the or Formal Contract Procedure under Atwater Municipal Code under Section 3.04.170.

As an alternative, the City may construct and let a public works project by procedures established in the California Public Contract Code (§§ 22030 et seq.), which is consistent with the Informal Bidding Procedure under Atwater Municipal Code section 3.05.040.

As an alternative, the City may initiate a “design-build” process through the selection of a qualified consultant, pursuant to California Government Code §§ 5956 through 5956.10. Under the “designbuild” process, a public works project or public project may be exempt from bidding requirements and other requirements provided that the selected consultant was chosen on the basis of competence and professional qualifications and that the work to be completed is to be paid through fee producing infrastructure. To this end, should the City of Atwater initiate a “designbuild” project, the process for obtaining Professional Services outlined in Section 12 shall be adhered to.

It should also be noted that the City recognizes the requirements of the State Labor Code and Public Contract Code that require the payment of Prevailing Wages for public works projects in excess of one thousand dollars ($1,000.00). Prevailing Wage rates are set by the California Department of Industrial Relations. The Requesting Department is responsible for completing the necessary forms provided through the California Department of Industrial Relations.

The City’s Centralized Purchasing System may only be dispensed with or modified when other State, Federal, or Intergovernmental statutes, regulations, or procedures prescribe that a specific separate purchasing process be followed or when approved by the City Council. For example such as in the case of public works projects or a public project, which are governed by State Law and some cases Federal law. Another example may be provisions for expending grant funds which may be covered by separate Federal, State, and/or Intergovernmental requirements which specify that as a condition of contract award or funding that a specific purchasing process other than the City’s is to be followed. Modifications or deviations must be pre-approved by the Purchasing Officer/City Manager and shall be determined on a case by case basis.

Waiver of all purchasing system processes may only be granted by approval of the City Council.

A basis for requesting the waiver should be a unique cost savings opportunity to the City.

Determination of Value
For purposes of determining the value of a proposed purchase so that it may be categorized for processing through the City’s Centralized Purchasing System, the value of all proposed purchases or acquisitions shall be predicated upon a separate cost – price basis. In determining if supplies or equipment fall into the exempt category – “over-the-counter” classification, the Open Market Procedure, or the Formal Contract Procedure the total cost of the supplies or equipment shall not be used. Instead, the price of the supplies or equipment alone shall be the deciding factor.

Price shall be the value of the good or service alone and the directly related expenses. The price of an item should be considered as the dollar amount necessary to place the item in service or to perform under a contract. There may be instances where there are additional direct related

expenses that cannot be disassociated from an acquisition. Examples may include installation or set up costs, disposal fees, warranties, or other such items. These incidental costs shall be factored into the purchase and as such shall be a determining factor in the acquisition price.

Excluded from the price of an item shall be the expenses related to shipping fees, postage, or sales taxes. These may be considered as universal to all bids or quotes and therefore do not reflect competitive differences such as variations in the quote or bid prices for installation or warranties.

The price of an item may often be different from the final or total cost to the City. The cost to be borne by the City through the financial transaction is, in reality, the entire City expenditure needed to acquire goods, supplies, equipment, materials, or services. This may include sales tax or other costs.

With regard to Consultant Services or Professional Services the value of services shall include the combined price of the services provided plus any equipment or supplies that will be provided to the City through the Consultant or Professional’s activities with the City, not the total cost which may also include staff time, postage communications, or other associated costs. From time to time, the City may consider leasing or renting equipment as a basis for savings. In that instance, the total value of the good, not the estimated lease payment, shall determine which process it shall be procured through.

For complete details on the Purchasing Procedures and requirements for specific dollar amounts, please consult Section 7 – Purchasing Procedures.

Ethical Standards for Purchasing
When placing City business with the business community, it is every Employee’s responsibility to follow good business and ethical practices and to adhere to the City’s applicable law, policies, and procedures. This is a responsibility that should not be taken lightly as it is a duty under the law (California Public Contract Code §20163). All vendors shall be treated equally and fairly at all times by City personnel, with equal information given to each vendor who participates in a competitive situation.

City Employees must discharge their duties under the Atwater Municipal Code and this Purchasing Policy in an impartial manner to foster the integrity of the City’s purchasing function and to assure fair and open competition for City business and the selection of competent, responsible vendors.

The following actions constitute a violation of the Atwater Municipal Code:
 Aiding or assisting a bidder in securing a contract to furnish labor, materials or other supplies or favoring one bidder over another; giving or withholding information from any bidder not given or withheld from all other bidders; willfully misleading any bidder in regard to the character of the materials or supplies of a quality inferior to that called for by the contract; knowingly certifying to a greater amount of labor performed or material or supplies furnished that has been performed or received.

 Accepting, directly or indirectly, any gift, rebate, money, or anything else of value whatsoever from any person or entity if the gift, rebate, money, or item of value is intended as a reward or inducement for conducting business, placing orders with, or otherwise using the Employee’s position to favor the contributor. When in doubt, just say no.

It is a violation of State law for any Employee or City Officer to be a party to or have a financial interest in any City contract made by them in their official capacity (California Government Code §1090).

It is a breach of ethical purchasing standards:
 For any employee to participate directly in City procurement when the Employee knows that:
o The Employee, or any member of the Employee’s immediate family, has a financial interest pertaining to the procurement;
o A business or organization in which the Employee or any member of the Employee’s immediate family has a financial interest pertaining to the procurement; and/or
o Any other person, business or organization with whom the Employee, or any member of the Employee’s immediate family, is negotiating, or has an arrangement concerning prospective employment, is involved in the procurement  For any person to offer, give, or agree to give any Employee, or for any Employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of a purchase request.
 For a person to be restrained, or to retain a person, to solicit or secure a City purchase order contract upon an agreement, or understanding for a commission, percentage, brokerage or contingent fee, except for bona fide selling agencies established for the purpose of securing business.
 For any Employee, who is participating directly or indirectly in the procurement process to become or be, while such an Employee, the Employee of any person contracting with the City.
 For any Employee to engage in selling supplies, equipment or services to the City.  For any Employee of the City to act as a principal, or as an agent for anyone other than the City, in connection with any judicial or other proceeding, contract, claim, charge or controversy, other than when acting within the Employee’s official responsibility.  For any Employee or former Employee to knowingly use information for actual or anticipated personal or business gain, or for the actual or anticipated gain of any other person or business.
 For City personnel to accept gifts, rebates, money, entertainment, personal services, or in any way incur material personal gain from any vendor doing business with the City or from any potential City vendor, or if circumstances create the impression that one’s vote, judgment or action could be affected, or that staff are being rewarded for the performance or nonperformance of an official duty or if the item is of a value that exceeds statutory limits. Promotional items of nominal value such as calendars, pens, balloons, etc. shall

not constitute a gift if received as a non-personal item by the Employee and the item is distributed to customers or potential customers routinely by the contributor.

Conflict of Interest
Any officer of the City or any department thereof who shall aid or assist a bidder or vendor in securing a contract to furnish supplies, materials, equipment, or contractual services at a higher price than that proposed by any other bidder/vendor, or who shall favor one bidder/vendor over another by giving or withholding information, or who shall willfully mislead any bidder/vendor in regard to the character of the materials or supplies called for, or who shall knowingly accept commodities of a quality inferior to those called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has actually been performed, or to the receipt of a greater amount or different kind of materials or supplies than have actually been received, shall be deemed guilty of malfeasance and the City Manager shall have the authority pursuant to the City of Atwater’s Personnel System Rules and Regulations to take appropriate disciplinary action.

Such actions may also result in criminal prosecution.

If at any time, it shall be found that the person to whom a contract has been awarded has in presenting any bid(s) or quote(s), colluded with any other party or parties for the purpose of preventing any other bid or quote being made, then the contract so awarded shall be null and void.

It is the intent that this Purchasing Policy, all procedures and processes discussed herein, and each transaction entered into pursuant to the Chapter 3.04 of the City of Atwater Municipal Code shall be made in accordance with the City’s Conflict of Interest Code and all other Federal, State, and local laws.

Revision and Amendment
This Policy shall be reviewed and updated annually. This Policy may be amended at any time at the discretion of the City Manager with the approval of the City Council.

SECTION 3: UNAUTHORIZED PURCHASES
Except for urgencies or other authorized exemptions stated in these guidelines, no purchase of supplies, services, or equipment shall be made without authorization as described within the manual or in Chapter 3.04 of the Atwater Municipal Code. Under no circumstances shall a purchase be considered approved or final until approved by the City Council or City Manager as required by the appropriate purchasing classification. No representative of the City shall enter into a verbal agreement or make any arrangements until the final approval is granted.

In the event that an unauthorized purchase is made the following may apply:
 Such purchases are void and not considered an obligation of the City.  Invoices without an authorization may be returned to the vendor unpaid.  The person ordering the unauthorized purchase may be held personally liable for the costs of the purchase or contract.

Purchasing System
Less than $5000 (Over the
Counter)
Prudent judgment required.

Comparative pricing whenever
practical
Award by Department Director
via warrent request, purchase
order, or other authorized
payment method
Greater than or equal to
$5,000 and less than
$25,000
Department solicits at least
three quotes (may be verbal if
documented)
Award by purchase order or
contract signed by City
Manager
(General Purchase)
Department conducts
interviews.

Final selection requires City
Manager approval
(Consultant)
Greater than or equal to
$25,000
Formal bidding required;
encumber via contract or
purchase order
City Council approval to go to
bid and for award of contract
required
(General Purchase)
Appropriate City Council
Committee interviews or
delegates.

City Council approval to go to
bid and for award of bid
required
(Consultant)

CITY OF ATWATER PURCHASING SYSTEM

SECTION 4: RESPONSIBILITIES OF THE PURCHASING OFFICER
The Purchasing Officer/Designee is responsible for (1) the procurement of general supplies, services, and equipment; (2) the administration of the Purchasing Policy; and (3) the management of surplus City property. To perform these functions efficiently and assist departments, the Purchasing Officer/Designee shall:

A. Be charged with the responsibility and authority for coordinating and managing the procurement of the City’s general goods, supplies, equipment, materials, and services.

B. Recommend revisions to purchasing procedures when necessary and keep informed of current developments in the field of public purchasing.

C. Prescribe and maintain all forms and records necessary for the efficient operation of the purchasing function.

D. Act as the City’s agent in the transfer and disposal of surplus equipment and materials.

E. Be charged with the responsibility and authority for coordinating and managing the City’s Property and Inventory Control Program.

SECTION 5: RESPONSIBILITIES OF CITY DEPARTMENTS
City Departments are charged with the following responsibilities in the purchasing process:

A. Be responsible for procurement of the City’s general goods, supplies, equipment, materials, and services from the lowest responsive and responsible bidder when required by this Policy.

B. Ensure full and open competition on all purchases as required by this Policy.

C. Identify, evaluate, and utilize purchasing methods which best meet the needs of the City (i.e. cooperative purchases, blanket purchase orders, contractual agreements, etc.).

D. Coordinate vendor relations, locate sources of supply, and evaluate vendor performance.

E. Develop detailed, accurate specifications to ensure consistency with requirements and expectations.

F. Notify bidders or vendors of purchase award when authorized by the Purchasing Officer or City Council depending on the appropriate Purchasing System Classification for approval.

G. Make purchase award recommendations to the appropriate authority.

H. Identify and apply the City’s Local Business Preference Program.

I. Anticipate requirements sufficiently in advance to allow adequate time to obtain goods in accordance with the best purchasing practices.

J. Communicate and coordinate purchases with the Purchasing Officer/Designee, as necessary.

K. Prepare requisitions in accordance with instructions so as to minimize the processing effort.

L. Inform the Purchasing Division of any vendor relations problems, shipping problems (i.e., damaged goods, late delivery, wrong items delivered, incorrect quantity delivered, etc.) and any situations which could affect the purchasing function.

M. Minimize urgent and sole source purchases and to provide written documentation when such purchases may be necessary.

N. Review all bids received for compliance with specifications, and prepare written documentation regarding their findings.

O. Refrain from “splitting” orders for the purpose of circumventing procurement requirements.

P. Provide the Purchasing Officer/Designee at the beginning of each fiscal year an updated authorized signature list designating those individuals who are delegated the authority to make purchases per the policies and procedures as described herein.

SECTION 6: VENDOR RELATIONS
It is to the City’s advantage to promote and maintain good relations with vendors. The Purchasing Division and department staff shall conduct their dealings with vendors in a professional manner and shall promote equal opportunity and demonstrate fairness, integrity, and courtesy in all vendor relations. When feasible to do so, vendors within the City of Atwater should be utilized for goods, supplies, equipment, materials, and services. However, good vendor relations must also be balanced with fair and equitable selection, the lack of which may lead to possible conflicts of interest or the appearance of such.

Use of City Logo
Vendors requesting use of the City’s logo as a part of a response to a solicitation should submit a written request to the City Clerk and a single-use file will be made available if the request is approved.

SECTION 7: PURCHASING PROCEDURES
As previously mentioned, purchasing and the process by which a good or service is acquired is based upon its price. Purchasing dollar limits are “per order”. Chapter 3.04 of the Atwater Municipal Code specifically prohibits “splitting” an order to circumvent the specified dollar limits.

A split purchase occurs when the quantity of a required item or service is known prior to the initial purchase and is divided into multiple purchases in order to avoid the requirement for multiple bids or proposals. Split purchases, found to be willful in nature, are criminal misdemeanors under California Public Contract Code § 20163 and are considered fraud, waste, and/or abuse by auditors and are violations of best practices standards. Multiple purchases with the same vendor within the same month for the same goods or services are considered a split purchase.

Departments shall contact the Purchasing Division or Designee to coordinate volume bids of repetitive requirements (i.e., the frequent purchase of items such as chemicals, paper goods, etc., which annually exceed the specified limits).

Purchases of Less than $5,000 – Over the Counter
Purchases of less than five thousand dollars ($5,000.00) shall be exempt from the City’s Purchasing Program to the extent that authority to execute the purchase is with the Using or Requesting City Department. This procedure shall be referred to as the “over the counter”

process. Although purchases of less than five thousand dollars are exempt from many procedures required for higher cost items, every effort to utilize a local vendor shall be exercised. For purchases of less than $5,000, the Department Director has the authority to award a purchase contract. Comparative pricing is not required but shall be used when practical. Prudent judgment shall be used at all times. All departments may purchase supplies, equipment, and services, of less than $5,000 without competitive bidding, provided that an unencumbered appropriation for the item exists in the current approved budget.

Purchases Greater than or Equal to $5,000 and Less than $25,000 – Open Market Procedure Except as otherwise exempted in the Policy, goods, supplies, equipment, materials, and services with an estimated value equal or in excess of five thousand dollars ($5,000) and less than twentyfive thousand dollars ($25,000) shall be purchased following an Open Market Procedure. The City Manager has the authority to award purchases in this range. Department staff shall not award purchase orders equal to or in excess of $5,000 or more without the approval of the City Manager or his/her designee, except in the event of an urgency purchase.

The Requesting Department shall obtain three oral or written competitive quotations whenever possible for purchases. Getting more quotations is encouraged. In the event that three quotes cannot be obtained, documentation of the process should indicate why less than three were obtained and should be placed on file with the quotes that were obtained. The Purchasing Division may be requested to assist in this process.

Documentation requesting quotes under the Open Market Procedure may be posted at City Hall, placed in trade magazines or the newspaper, posted on the City’s official website, mailed, faxed, or sent by electronic mail (e-mail) to prospective vendors. Adequate time should be allotted to permit a response, typically a minimum of ten (10) calendar days before the due date but less may be acceptable if necessary. In any event, the quote deadline should be noted. Quotes may also be solicited over the telephone through a verbal quote, provided that they are documented by the requesting department. Quotes under the Open Market Procedure may also be obtained from consulting current catalogs, Internet sites, or advertising flyers.

The Requesting Department shall submit a requisition, which includes the recommended vendor, with all supporting documentation to the City Manager or his/her Designee. Supporting documentation shall include competitive price quotes obtained, names of vendors contacted, description of the items required, and certificates of insurance as applicable. The City Manager or his/her Designee shall review the recommendation and supporting documentation and may contact additional sources for quotations.

The City Manager or his/her Designee may award the purchase to the lowest responsive and responsible vendor whose quote fulfills the intended purpose, quality, and delivery needs of the solicitation provided that an unencumbered appropriation for that item exists. In lieu of awarding the purchase, the City Manager or his/her Designee may reject quotes or may negotiate further to obtain terms more acceptable to the City. If bids are rejected because all bids come in above budget, the staff member responsible and/or Department should confirm that the City’s cost estimate was not unreasonably low or intentionally underestimated as those are the primary reasons for legal challenges to public agency bid cancellations and/or bid rejections. Any low bid

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10 25% higher than the engineer’s estimate is arguably unreasonably low or intentionally underestimated. If there is any question about the cost estimate, the safer bet would be to reject all bids and re-spec/re-bid the project. The City Manager or his/her Designee may also determine that the interest of the City is best served to require the Formal Contract Procedures for purchases within this range.

Purchases Greater than or Equal to $25,000 – Formal Contract Procedures (Formal Bid) Prior to initiating the bid process, approval to go out to bid must be granted by the City Council.

Alternatively, however, pursuant to Public Contract Code section 22039, by resolution of the City Council it may delegate to the City Manager or his or her designee, the bid approval and the approval of plans, specifications and working details for public works projects specified in the resolution delegating such authority. The Requesting or Using City Department making the request shall provide specifications for the item to be purchased with as much detail as possible to the Council for their consideration. The specifications should provide as much detail as possible so that the Council can fully understand the nature of the proposed purchase. It should be noted that the format of the specifications may not necessarily be the final format that would be included in a bid package or as part of a solicitation for bids. In addition to the specifications, the City Council shall also consider the dollar amount to be expended and whether there is an unencumbered appropriation for the item in the current approved budget for the purchase.

The request for bids under the Formal Contract Procedure shall at a minimum be posted at City Hall and shall be published at least once in a newspaper of general circulation and if applicable, in appropriate trade publications. The date of publication shall be at least ten (10) days before the date of opening of the bids or the final date for accepting bids. All formal bids shall be sealed and shall be publicly opened and read at the date, time, and place indicated in the published notice.

Specification packages should be made available to interested bidders, the Using or Requesting Department Director shall determine if a security deposit is necessary, this should be part of the request made to the City Council before initiating the bid process. The Requesting Department Director shall also determine if a payment is necessary for a prospective bidder to acquire a specifications package. The use of a bidders’ list shall also be determined by the Requesting Department Director.

Bids received at the end of the process shall be reviewed for compliance with specifications by the Using or Requesting Department. All deviations from the specifications shall be fully documented by the Requesting Department and the impact of the deviations on the performance or suitability of the bid item shall be detailed. Depending on the findings of the Requesting Department with regard to the deviations the bid may be rejected and must be done so in writing or in a recommendation made to the City Council. Various recommendations may be made depending on the outcome of the bids, including selecting a vendor, rejecting all the bids, or deciding to modify the bids and re-advertise.

An award under the Formal Bid Process shall only be approved by the City Council and shall be issued to the lowest competitive responsible bidder.

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11 Public Works Projects
A Public Works Project is any project per California Public Contract Code § 22002. This includes any of the following:
(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. (2) Painting or repainting of any publicly owned, leased, or operated facility. (3) In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement or repair of dams and reservoirs.

A Public Works Project does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (2) Minor repainting
(3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (5) Work performed to keep, operate, and maintain publicly owned water, or waste disposal systems, including, but not limited to, dams and reservoirs.

For purposes of this chapter, “facility” means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvements.

Small Projects
Projects valued at $45,000 $60,000 or less OR the current minimum range as stated in California Public Contract Code (PCC) § 22032(a)
The work can be performed by Purchase Order, with City Employees by force account, or negotiated contract.

Informal Bidding
Projects valued at $175,000 $200,000 or less OR the current medium range as stated in PCC § 22032(b)
Notice to Bidders needs to:
(1) Describe the project in general terms;
(2) State where more information can be obtained; and
(3) State the time and place where bids are to be submitted.

The Notice to Bidders shall be mailed to the list of qualified contractors and construction journals at least ten (10) calendar days prior to bid opening.

The City Council can award a contract if it is less than $175,000 $200,000 OR the current medium range as stated in PCC § 22032(b) by majority vote. Alternatively, pursuant to

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12 PCC § 22034(c), by resolution of the City Council it may delegate the authority to the City Manager, or his or her designee, to award specified informal contracts under the amounts set forth in PCC § 22032(a) and (b). Under PCC § 22034, if all bids are in excess of $175,000 up to $187,500 OR the current medium range as stated in PCC § 22032(b) , the Council may award a contract by a four-fifths vote upon finding the cost estimate to be reasonable. This case is an exception to Formal Bidding.

Formal Bidding
Projects estimated in excess of $175,000 $200,000 OR the current maximum range as stated in PCC § 22032(c) but not as in the exception listed above in Informal Bidding, codified in PCC § 22034.

Notice to Bidders must follow PCC § 22037 where:
(1) Distinctly describe the project;
(2) State where more information can be obtained; and
(3) State the time and place where bids are to be submitted.

The Notice to Bidders must be published at least fourteen (14) calendar days before opening in a local newspaper. The Notice must also be mailed to construction journals at least fifteen (15) days prior to bid opening.

Rejection of Public Works Contract Bids
See Section 8.

SECTION 8: DETERMINATION OF CONTRACT OR PURCHASE AWARD
Generally, an award shall be made to the lowest responsive and qualified bidder or vendor. This shall be the case for the Open Market Procedure as well as the Formal Contract or Bidding Procedure.

In determining the lowest “responsive” bid or quote, the following elements shall be considered in addition to price:
(1) A responsive bid or quote is one which is in substantial conformance with the requirements of the invitation to bid or quote, including specifications and the City’s contractual terms and conditions;
(2) Vendors/bidders who substitute terms and conditions or who qualify their bids or quotes in such a manner as to nullify or limit their liability shall be considered non-responsive vendors/bidders;
(3) Conformance with the requirements of the invitation to bid or supply a quote may also include providing proof of insurance, completing all forms, including references, and all other information as requested in the bid or solicitation document; and, (4) The successful vendor/bidder must demonstrate the ability to successfully fulfill a contract, including the rendering of subsequent and continuing service. Staff may request proof of

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13 a prospective vendor/bidder’s reliability. Prospective vendors/bidders may be requested to furnish proof of financial resources, a list of current or previous customers, and other pertinent data. Such action may also be taken after receipt of bids or price quotes.

A vendor/bidder may be determined to be nonresponsive if a prospective bidder fails to furnish proof of qualifications when required.

In determining the lowest “qualified” vendor/bidder, the following elements shall be considered:
(1) That the products offered provide the quality, fitness, and capacity for the required usage; (2) That the vendor/bidder has the ability, capacity, and skill to perform the contract satisfactorily and within the time required; and,
(3) That the vendor/bidder’s experience(s) regarding past purchases by the City or other public agencies demonstrates the reliability of the vendor/bidder to perform the contract.

When a purchase award bid is recommended to be awarded to other than the lowest vendor/bidder, written justification is required. The written statement, signed by the appropriate Department Director, shall be attached to the purchase requisition.

Local Business Preference
In evaluating competitive bids or quotes any local vendor/bidder having a valid City Business License and fixed business location within the incorporated City Limits may receive a five percent (5%) preference off of their bid or quote. All Contractors who submit bids or proposals to construct or provide work on any City Public Works Project, or for any other Public Works construction, or improvement, on City property, and who are seeking a local business preference, must make a good-faith effort to hire qualified individuals who are residents of the City of Atwater or Merced County in sufficient numbers so that no less than fifty percent (50%) of the Contractor’s total construction work force, including subcontractor work force, measured in labor work house, is comprised of Atwater residents. This same requirement applies to all subcontractors. This preference shall be applied only when a non-local vendor/bidder has first been determined to be the lowest responsible vendor/bidder but a local vendor/bidder may equal or improve upon the bid if the preference is applied. If upon applying this preference should the local vendor/bidder equal the lowest responsible vendor/bidder or become the lowest responsible vendor/bidder, the City may select this vendor/bidder even though the actual cost to the City would not be the lowest.

In the event that a nonlocal vendor/bidder and a local vendor/bidder have the same bid or quote and it is the lowest responsible bid or quote the five percent (5%) preference need not be applied.

The local business shall be selected to receive the purchase award. The local business must still demonstrate that it is a responsible vendor/bidder before being selected for the purchase award.

This shall apply to purchases under the Open Market and Formal Contract as well as professional services or consultant agreements. The Local Business Preference may not apply and may be dispensed with when prohibited by State or Federal Statutes, or regulations requiring that a bid or quote be awarded to the lowest responsible bidder or vendor, or as otherwise exempted from local preferences. The local business preference shall not apply to purchases made through the over-the-counter process since items less than five thousand dollars ($5,000) are exempt from the purchasing system. However, the using or requesting department making a purchase under

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14 the over-the-counter process shall make every attempt possible to purchase through local businesses. Under no circumstances shall the Local Business Preference granted in a single bid or quote exceed $5,000. The Local Business Preference will not apply when bids or quotes are done with other public agencies through cooperative purchases.

Rejection of Bids or Quotes
The Purchasing Officer or the Requesting Department may recommend rejection of any or all bids or quotes to the City Council if it is determined to be in the best interests of the City. The City Council may also recommend rejecting any or all bids or quotes at their discretion. Reasons for rejection may include, but are not limited to, the following:
 A bid or quote is determined to be nonresponsive; or
 The number of bids or quotes received is inadequate; or  Bids or quotes received are not reasonably uniform in price; or  The lowest bid or quote received is deemed to be too high.

The Purchasing Officer and/or City Council may, in any given case, reject all bids or quotes with or without cause and submit the supplies, equipment, or service involved to a new bidding or price quote solicitation process. If all bids or quotes are rejected, the Purchasing Division may be authorized to re-solicit bids, negotiate a contract for the purchase, or abandon the purchase.

Rejection of Public Works Contract Bids
Per PCC § 22038, the City Council may reject any bids by furnishing a written notice to the apparent lowest bidder. The notice shall inform the bidder and be mailed at least two business days prior to the hearing at which the Council will officially reject the bid. If all bids are rejected after the first invitation, the City Council may:
(1) Abandon the project;
(2) Re-advertise for bids as outlined above;
(3) Declare the project can more economically be performed by the City of Atwater employees by a four-fifths vote by force account; or
(4) If no bids are received, the City Council may elect to perform the project by force amount or negotiated contract without adhering to PCC Article 3.

Tie Bids or Quotes
If two or more bids or quotes are received which are in all respects equal in price and meeting all specifications, the Requesting Department may accept the one deemed to be in the best interests of the City by the City Council except in the case where a local bidder/vendor and non-local bidder/vendor are tied. In that instance, the requirements of the Local Business Preference shall be followed, and the purchase award shall be made accordingly.

Change Orders
See Section 12.

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15 SECTION 9: PROCUREMENT METHODS
Open Purchase Orders
An Open Purchase Order is an agreement whereby the City contracts with a vendor to provide equipment or supplies on an as-needed or ongoing over-the-counter basis. These items would typically be less than $5,000 per order and therefore would be exempt from Centralized Purchasing.

Open Purchase Orders provide a mechanism whereby items that are uneconomical to stock may be purchased in a manner that allows timely access to necessary materials.

On an annual basis, the Requesting Department shall review and close their existing Open Purchase Orders and if necessary, request any new Open Purchase Orders prior to the beginning of the new fiscal year. Requests for Open Purchase Orders may also be submitted to the Purchasing Division by a Requesting Department on an as-needed basis. The Purchasing Division shall review Open Purchase Order requests based on the following criteria:

1. Geographic location

2. Responsiveness and capabilities

3. Average dollar value and type of items to be purchased

4. Frequency of need
All Open Purchase Orders shall include the following information:
a. A general description of the equipment or supplies that may be charged. b. The period of time the order will remain open, not to exceed one year. c. The maximum total amount that may be charged on the purchase order. d. The maximum amount which may be charged each time the employee implementing a purchase enters the vendor’s place of business, or if unspecified, $250 per transaction and/or $750 per month.
e. Items excluded from the purchase, if applicable.
f. The phone number of the Requesting Department for questions. g. Identification of the department(s) and employee(s) who may charge against the order. h. The requirement that the employee shows City identification. i. The requirement that employees print and sign their names when picking up goods. j. The account number(s) to be charged.

Once an Open Purchase Order is issued to a vendor, any authorized City employee may contact the vendor directly to place orders per the terms and conditions specified in the Open Purchase Order.

City Departments shall develop a list of authorized employees that may purchase through the Open Purchase Order and keep it on file with the vendor or business.

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16 Contract Purchase Orders
Contract Purchase Orders are the preferred method of acquiring goods or services which may be common to several City Departments. Entering into a contract purchase order is generally done to acquire goods or services which may be used repetitively and would ordinarily fall into Centralized Purchasing – Open Market Procedure category. In some instances, based on the value of the items, the contract purchase order may be applicable to items solicited under the Formal Market Procedure.

Establishing Contract Purchase Orders provides a means of obtaining volume pricing based upon the combined needs of all City Departments. They reduce the administrative costs associated with seeking redundant competitive quotes or bids and processing a Purchase Order each time an order is placed, and they allow City Departments to order as needed, reducing the requirement to maintain large inventories of stock. When soliciting quotes or bids and with the intent of entering into a Contract Purchase Order, the specifications in the Open Market quote or Formal Contract Bid shall specify that the City is seeking to enter into a contract purchase order. The Requesting Department should seek to involve local bidders or vendors as much as possible and the local business preference may apply. The Requesting Department should also seek to avoid “splitting” an order for the purposes of following a less stringent Centralized Purchasing Process – most likely attempting to avoid going to bid under the Formal Contract Procedure. For example, if a Requesting Department has specified in an approved budget that they need ten items costing $1,200 each, there may be options for when and how they are solicited. If all ten are needed at one time, the dollar amount would require that a Formal Contract Procedure is followed to obtain bids. If, however, there is an expectation that not all will be purchased or they will only be purchased as needed, then the Open Market Procedure would apply, and the Requesting Department may enter into a Contract Purchase Order to obtain the items when needed.

If a Contract Purchase Order exists, departments shall order all of their requirements from the successful vendor. No other sources shall be used without prior approval of the Purchasing Officer. Departments shall submit, in writing to the Purchasing Division, any performance problem encountered immediately following the occurrence so that corrective action may be taken.

Contract Purchase Orders are annual and may include options for renewal of specific products, product types, or services at agreed upon prices or pricing structure and for a specified period of time.

Cooperative Purchases
The City may participate in purchases and contracts established by other political jurisdictions, provided the cooperative agreement is established following a competitive bid process similar to the City’s Formal Contract Procedure. The City Manager or his/her Designee may authorize the award of cooperative purchase agreements up to $25,000. City Council approval is required for the award of any cooperative purchase greater than or equal to $25,000. This process is often called “piggybacking”.

Sole Source Purchases
Under some circumstances, City bidding requirements may be dispensed with when the services or goods are only available from one source either because:

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17  The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or
 The item or service is unique and available only from a sole source; or  The item or service is designed to match others already in use or necessary to be compatible with others already in use.

Commodities and services that can be obtained from only one vendor are exempt from competitive bidding. All sole source purchases shall be supported by written documentation signed by the appropriate Department Director and forwarded to the Purchasing Division. Final determination of whether or not an item is a valid sole source purchase will be made by the City Manager, with a recommendation to the City Council should the purchase require it. When asked to approve a sole source contract or purchase order, the City Manager will consider the following:
 Whether there are other vendors within a reasonable distance that can provide the necessary service or product; and
 Whether other vendors can be utilized for the servicing and/or maintenance of the product.

Urgency Purchases
Urgency purchases may be made without competitive bidding when time is of the essence, and shall be made only for the following reasons:

1. To preserve or protect life, health, or property; or

2. Upon natural disaster; or

3. To forestall a shutdown of essential public services.

Since urgency purchases do not normally provide the City an opportunity to obtain competitive quotes or properly encumber funds committed. Sound judgment shall be used in keeping such orders to an absolute minimum. In addition, the following requirements shall apply:

1. The Purchasing Division shall be contacted as soon as possible for an advance purchase order number, which may be given verbally, to cover the urgent transaction. If unable to contact the Purchasing Division, place the order and contact the Purchasing Division the next workday.

2. A completed purchase requisition shall be submitted to the Purchasing Division within two working days, or as soon as the information is available. All purchase requisitions for urgent purchases shall be signed by the appropriate Department Director.

3. Documentation explaining the circumstances and nature of the urgency purchase shall be submitted by the appropriate Department Director as follows:
a. Purchases less than $5,000: Use standard purchasing procedures. b. Purchases greater or equal to $5,000 and less than $25,000: Report to the City Manager by procession requisition within one week.
c. Purchases greater or equal to $25,000: Report to the City Manager within two working days and report to the City Council at its next scheduled meeting for ratification.

4. If the urgency purchase causes any total departmental budget to exceed the approved budget, it shall be the responsibility of the department requesting the purchase to obtain

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18 subsequent City Council approval for an additional appropriation or to make a transfer to cover the purchase.

Purchase Order Exemptions
Certain purchases are not readily adaptable to the open market and formal bidding process.

These purchases are generally for items where the competitive bid process or obtaining quotes is not applicable or where a check is required to accompany the order. Following is a list of allowable exceptions:

Advertisements and Notices Medical Payments (Physicians, lab) Courier/Delivery/Messenger Membership Dues
Department Purchases under $5,000 Payments to Other Governmental Units Emergency Fuel Purchases Petty Cash Replenishment
Insurance Claims and Premiums Property Rentals
Utility Payments Trade circulars or books
Real-property/easement acquisition Travel Expense/Advances Subscriptions
Exemptions are limited to those items listed above. It shall be the responsibility of the Requesting Department to ensure that an unencumbered appropriation for the exempt item exists in the current approved budget. Departments may submit written requests for additional exemptions to the Purchasing Officer. If warranted, additional exemptions will be added to this list.

If a vendor requires a Purchase Order to process an order, the department shall submit a purchase order requisition to the Purchasing Division to initiate a Purchase Order.

In an instance where a vendor does not accept Purchase Orders and payment is required before a good or service is rendered, a request may be made for a check to be issued. The preferred method of issuing a check shall be through the warrants process. However, in some instances, a “prewritten check” may be prepared and issued by the Finance Department. A check or prewritten check shall only be prepared if Department Director approval accompanies the request and there are sufficient funds available in the designated account to make the purchase.

In some instances, the use of “petty cash” may be acceptable in making a purchase. Cash will only be issued to an employee or agent of the City when an appropriate request has been made for purchases of goods or services in an amount that is less than twenty-five dollars ($25).

Department Director approval is required when the request is submitted to the Finance Department. Any unused funds shall be returned along with a copy of the receipt or an original receipt.

It shall be acceptable with Department Director approval for a City Employee or Agent of the City to make a purchase using his/her own funds by way of cash, check, credit or debit card to acquire goods or services on behalf of the City for which the individual will be reimbursed. Upon filing the request for payment and either an original or copy of the receipt the individual may be reimbursed through a check made payable to the employee or agent. A prewritten check made payable to the individual may also be requested. Cash may be given as a reimbursement to the individual if

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19 the amount is less than twenty-five dollars ($25). Each City Department shall determine when it is appropriate for a City Employee or Agent to purchase an item on behalf of the City. This process should not be used as a common practice, and in general, Department Director approval should be granted prior to the Employee or Agent initiating the purchase on behalf of the City. Additional policies on reimbursement are included in Section 15 of this Policy.

SECTION 10: CREDIT CARD USAGE
Under certain circumstances, the use of a City-issued credit card may be the most appropriate method for certain purchases. The use of a City bank credit card should not be used as a shortcut of the Accounts Payable cycle. In other words, their use should be the last resort. The following policies and procedures are established to ensure internal control and timely payment of charges.

City bank, gasoline, and telephone credit cards will be signed out on an as-needed basis to the staff at the sole discretion of the City Manager, in accordance with internal control procedures.

Failure to comply with established procedures may result in discontinuance of use by the employee/department.

Because of Internal Revenue Service (IRS) tax reporting requirements, except for Urgency Purchases, a City credit card may not be used to purchase services provided by vendors who are doing business as partnerships or sole proprietors. Examples of this include, but are not limited to:

1.) Labor Charges for auto repair

2.) Plumbers

3.) Construction contractors
City credit cards may be available to City Employees for the conduct of official City business, including, but not limited to the following purposes:

1.) Gasoline purchases

2.) Telephone charges

3.) Authorized travel expenses and hotel charges which shall subsequently be documented on the travel reconciliation report.

4.) Cost of meals when required in the conduct of official business, except when an employee is traveling on a per diem basis.

5.) Other circumstances where the use of a credit card best meets the City’s purchasing needs as determined by the Purchasing Officer or appointed designee.

Only the City Manager, City Department Directors, and designated Senior Staff members are authorized to carry a City credit card at all times. Gas and telephone credit cards may be assigned to specific individuals to carry at all times. City bank, gasoline, and telephone credit cards may be

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20 signed out by an employee authorized to purchase items. Once the purchase is complete, the credit card shall be returned. The following items shall be adhered to when making a purchase using a City credit card:

1.) All purchases and payments made by City credit cards must be properly budgeted or otherwise approved by Council action before the purchase or payment is made.

2.) All purchase and payments made by City credit card must result in a receipt or other sales acknowledgment. These must be signed legibly by the purchaser and approved by the appropriate Department Director.

3.) Signed receipts and sales acknowledgments must be forwarded to the Purchasing Division as soon as possible.

A City credit card may only be used to obtain a cash advance in extreme circumstances such as an emergency where the credit card cannot be used to pay for a purchase that must be made immediately. Any unused cash advanced shall be returned to the City along with the receipt. Such cash advance shall be followed with a written report to the City Manager which includes the name of the person receiving the advance, the amount of the advance, the location and date of the advance, and why the cardholder deemed it necessary to obtain the cash advance. The report shall be forwarded to the City Manager within five (5) workdays of the advance. All receipts must be turned in when the credit card is turned in.

No personal items shall be charged on any City credit card. Under no circumstances shall a single personal charge be made on a City credit card.

Procedures
The following are the procedures and responsibilities for issuing the City credit card.

1.) The Department Director designates a Cardholder. He/she must request the process by providing information on the Cardholder to the Purchasing Division.

2.) The Purchasing Division prepares the authorization forms and submits them to the City Manager.

3.) The City Manager reviews the forms and either approves or disapproves. Approved forms are then sent to the City’s bank.

4.) The bank processes and issues the card to the City Manager.

5.) The Cardholder reads the conditions of the Credit Card Agreement, signs it, and submits it to the Purchasing Division.

6.) The City Manager issues the card to the Cardholder. a. If the Cardholder is a Permanent Cardholder, the process ends here.

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21 b. If the Cardholder is a Temporary Cardholder, the card must be returned to the City Manager no more than five (5) days after the appropriate purchases have been made.

The following are the procedures and responsibilities for the use of the credit card.

1.) The Cardholder verifies funds are available in the account for which the transaction should be paid. The Cardholder shall indicate the account number on the transaction slip.

If for some reason a transaction slip or receipt is not available or lost, a memorandum from the individual attesting to the exact expense may be approved by the Department Director.

2.) The Department Director forwards approved transaction slips to the Purchasing Division.

3.) The Purchasing Division reconciles monthly statements to the approved transaction slips and checks all account numbers and account balances. This includes matching approved transaction slips to the proper account and fund and verification of sufficient funds in the account.

If funds are not available, the Purchasing Division notifies the Department Director and retains the statement until funding arrangements are made.

If, for some reason, a transaction slip or receipt is not available or lost, a memorandum from the individual attesting to the exact expense may be approved by the Department Director.

4.) The Purchasing Division submits a monthly statement for payment.

SECTION 11: SPECIFICATIONS
It is the responsibility of each department to provide detailed, accurate specifications when requisitioning supplies, equipment, and services. Accurate specifications are essential for effective bidding. Specifications shall be developed prior to initiating a request for proposals when soliciting Professional or Consultant Services, before acquiring a good or service through the Open Market Procedure, as well as before initiating the Formal Contract Procedure. Additionally, specifications shall be reviewed and approved by the City Council as part of the authorization necessary to go to bids under the Formal Contract Procedure. This authority may be delegated if the nature of the specifications warrants such an action.

Sole Source Specifications
Sole source specifications shall be avoided whenever possible, as they minimize or eliminate competition. The appropriate authority (City Manager if total purchase is less than $25,000; City Council if total purchase is greater than or equal to $25,000) may waive bidding requirements if sufficient written justification for a sole source purchase exists. An example of sole source is where equipment or supplies are required in order to be compatible with existing equipment or to

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22 perform a complex or unique function. Written documentation signed by the appropriate Department Director shall accompany the requisition for any sole source request.

Standardization
Standardization of specifications for items common to several divisions and/or departments can facilitate the purchasing process. The Purchasing Division and departments shall work together to establish standard specifications for such items.

Brand Name, or Equal, Specifications
In purchasing equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the Purchasing Officer may limit bidding to a specific product type or brand name product.

Use of brand names in specifications shall be for the purpose of describing the standard of quality, performance, and characteristics the City desires and not be intended to limit or restrict competition. If a brand name is incorporated into a specification, a minimum of two acceptable brands shall be listed whenever possible and shall be followed by the statement “or approved equal” unless the sole source rule applies.

Using specifications provided by a specific manufacturer should be avoided. However, if used, the name of the manufacturer, model number, etc., should be indicated. The bid document shall clearly state that the use of the manufacturer’s specifications is for the sole purpose of establishing the level of quality desired. The Purchasing Officer reserves the right to determine and approve any product submitted as an “or equal”.

Vendor Assistance in Writing Specifications
There may be occasions when vendor assistance is required to develop a specification. Such specifications shall be written in general terms and the vendor shall be informed that the information they provide may be used to develop specifications for a competitive bid process. The vendor shall be allowed to submit a bid, but will not be given any preference over the other bids.

SECTION 12: PROFESSIONAL SERVICES – CONSULTANT SELECTION Professional services are defined as those provided by a person or firm engaged in a profession based on a generally recognized special knowledge or skill, including, but not limited to, the professions of accountant, attorney, artist, architect, engineer, environmental consultant, dentist, physician, training or educational consultant, or surveyor, and whose services are considered distinct and unique to such a degree that bidding of such services should not be feasible. (AMC

3.04.300.)
California Government Code § 4525 (the “Mini-Brooks Act”) defines professional services for the purpose of a competitive selection process that does not have to be awarded based on a low bid

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23 for Public Works Project related services as 1. Architects, 2. Landscape Architects, 3. Engineers,

4. Environmental Consultants (services performed in connection with project development and permit processing in order to comply with federal and state environmental laws), 5. Land Surveyors and 6. Construction Managers (construction management services must be provided by a licensed architect, registered engineer, or licensed general contractor).

Contracts for professional services should be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required at a fair and reasonable price to the public agency, as well as any other specific selection criteria set forth in the Request for Proposals (RFP). The RFP shall state the relative importance of price and other factors and sub-factors if any. A statement in the RFP of the specific weighting to be used for each factor and sub-factor is recommended so that all bidders will have sufficient guidance to prepare their proposals. (ABA Model Procurement Code § 3-203). For such contracts, the price can be considered but may not be the sole determining factor. (California League of Cities, Municipal Law Handbook.)
No person, company, or subsidiary thereof who has been awarded a consulting services contract with the City for preparation of a request for proposal or call for bids or specifications may submit a bid for, or be awarded a contract for the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. The purpose of this prohibition is to avoid a conflict of interest or bias situation in which a contractor could draft specifications favoring its own products or capabilities. In this way, the City can be assured of getting unbiased advice as to the content of specifications it contracts with third parties to prepare and can avoid allegations of favoritism in the award of contracts.

California Government Code § 1090 prohibits City officers and Employees from having a financial interest in any contract “made” by them or by any board or body of which they are members.

Virtually all board members, officers, Employees, and consultants of a public entity are considered public officials under Government Code § 1090. So in a case where a consultant is developing a scope of work for a future project, the creation of that scope of work is considered part of the “making” of the contract and defined by § 1090. As such, the consultant would be prohibited from submitting a proposal and/or being awarded a contract for the work. The League of Cities Municipal Law Handbook states the following on the subject:
“Caution must be exercised whenever a consultant advises an agency during the process of formulating a contract or a proposal for a contract and then wishes to be awarded the

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24 contract or to respond to the call for proposals. The mere status of the consultant as an independent contractor will not insulate the eventual contract from the application of Govt.

Code § 1090.” (2017 edition of the Municipal Law Handbook, Pg. 179.) Contracts entered into in violation of Government Code § 1090 are VOID and payment by the agency is prohibited. Willful violation of § 1090 by a public official or employee is a felony with a maximum fine of $1000 or imprisonment and the official is “forever disqualified from holding any office in this state.” (California Government Code § 1097.) Consultants found to have violated Section 1090 are not subject to criminal prosecution, but are subject to civil and administrative penalties and even if the consultant does thousands of dollars worth of work under the contract, the City would be prohibited from paying him.

Selection of Consultants or Vendors for Professional Services (General) The following criteria shall be used to determine approval authority for Professional Consultant Service Contracts:
 Contracts under $5,000 Department Director Approval
 Contracts above $5,000 and under $25,000 City Manager Approval  Contracts above $25,000 City Council Approval
The appropriate Department Director, with the approval of the City Manager, shall prepare a scope of work or services consistent with budget and project authorization of the City Council.

The Request for Proposal (RFP) shall outline the City requirements and project description as well as the due date for submittal. The list of solicited firms will be drawn from firms who, in the opinion of the Department Director, can perform the work. A Request for Qualifications (RFQ) may first be necessary if the required services are particularly specialized or if the qualifications of the available consultants are unknown. The list of solicited firms may be limited to between three and five due to time constraints or specialties involved.

The initial review of proposals shall be conducted by the involved Department Director(s), who shall make a recommendation to the City Manager regarding which consultants should be invited to interviews.

Interviews (Contracts less than $25,000) will be conducted by the appropriate department staff members.

Formal interviews (for contracts above $25,000) will be delegated by the City Council to a standing City Council Committee or appropriate Commission or formal Advisory Group which most closely deals with the subject matter of the proposal.

Qualifications should be the determining factor in the selection of a professional consultant. Staff shall then negotiate the final fee based upon the agreed scope of work.

Prior to approval of a contract, the Department Director of the Requesting or Using Department shall conduct appropriate background and reference checks and ensure that adequate bonding or security, if required, is posted.

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25 Consultants shall comply with all regulations and laws dealing with conflict of interest disclosure and reporting. Consultants shall not be engaged if a conflict of interest exists.

Selection of Consultants or Vendors for Professional Services for Capital Improvement Projects In general Capital Improvement Projects are most likely to fall within the category of a Public Project or Public Works Project as defined in and subject to the regulations contained in California Labor Code §§ 1720 – 1743, or California Public Contract Code §§ 20160 – 20174. These are excluded from the Purchasing System of the City. The exception is any project that is to be implemented following the “design-build” process through the selection of a qualified consultant, pursuant to California Government Code §§ 5956 – 5956.10.

Under the “design-build” process, a public project or public works project may be exempt from bidding requirements and other requirements provided that the work to be completed is to be paid through fee producing infrastructure. To this end, the following procedures shall be followed when selecting a consultant to perform “design-build” Capital Improvement Projects.

1. After the City Council adopts the next year’s Capital Improvement Plan (CIP), the City Manager shall develop a list of projects recommended for 1.) appropriate Council Committee review and interview of consultants, or 2.) staff to determine the selection of consultants or vendors.

2. The City Manager may delegate the responsibility to determine the appropriate Committee, Commission, or advisory group to a Department Director who will likely oversee the construction or implementation of the particular Capital Improvement.

3. Consultant or vendor selection shall be from a list of qualified professionals prepared by the appropriate Department Director responsible for the project.

4. If the project is to be reviewed by a City Council Committee or Commission or formal Advisory Group, a formal presentation and interview process will be arranged by the appropriate Department Director who reports to the particular Committee or Commission.

The City Manager may also assign staff as appropriate in this process. If the project is to be reviewed by City staff, the City Manager will determine the RFP review process and who should be involved.

Selection of Consultants for Professional Services for Continuing Services The following shall apply to the selection of professional services which are needed on a continuous or project by project basis.

Professional firms providing engineering, plan checking, land surveying, transit, planning, environmental, economic development, auditing, landscape architecture or other services may be retained on a continuing basis to provide professional services. The Department Director, with the approval of the City Manager, may contract on a project by project basis or on a retainer basis for additional work/services without going through the RFP and selection process. At least every three years, these arrangements shall be reviewed and every effort shall be made to receive proposals from at least three consultants to perform the same services. This is to ensure the City is receiving the best value and there is no stoppage in the provision of these services.

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26 Beginning each fiscal year, the Purchasing Division shall make a written request to each Department Director to submit to the City Manager a list of consultants currently under contract by their department, setting forth name of firms, type of services, cost of contracts, length of contracts, and date entered into, and the number of years retained by the City.

Exclusions:

1. The process of selecting environmental impact report consultants for non-City projects shall be conducted by the Director of Planning and Redevelopment due to time restraints and application processing requirements. The final consultant selection and fee shall be reviewed and approved by the City Manager.

2. City Council shall also review and approve each bond issue in concept with approval for the selection of certain professional consultants, as needed, to be selected by the appropriate Department Director as approved by the City Manager.

Change Orders
Purchase Orders represent a contract between the City and the vendor/consultant. Any substantial change to a Purchase Order shall be documented as a change order. Change Orders shall be reviewed by the Department Director and shall be approved by the City Manager. A purchase order may not be increased by more than 10% or $2,500, whichever is less, without a change order, except for taxes, shipping, and handling as discussed below.

Taxes, shipping, and handling may cause the purchase order to exceed the authorized purchase order amount. These items do not require a Change Order, even if they exceed 10% or $2,500 or the original purchase order amount.

The Requisition Form shall be used to change a quantity, description, size, color, vendor name or address, unit price, delivery location, terms and conditions, and to delete or add to the order. It shall also be used to terminate a purchase order and to correct errors in the original purchase order.

The Change Order process shall follow the procedure outlined below:

1. Following the initial request for a change order, the Requesting or Affected Department Director evaluates the request and communicates the findings.

2. The Requesting Department then ensures necessary research is conducted and prepares specific instructions for contract revision.

3. All affected Departments are contacted. The instructions are sent to the City Manager for approval. If they are not approved, the instructions are revised. If they are, an initial requisition form is prepared with source data.

4. The requisition form is reviewed by both the Contractor or Vendor and the affected Departments. Any issues or insufficient information is rectified here.

5. Final revisions are prepared to the requisition form. The revised requisition form is sent to the affected Departments and the City Manager for approval. If the form is accepted, it is

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27 then sent to the Contractor or Vendor for secondary approval. If all revisions are approved, the final requisition form is released to all affected parties and the form is processed by the Purchasing Division. The contract is thus considered amended.

6. Change Orders of more than ten percent (10%) or $2,500 shall require City Manager approval for consideration by the City Council.

SECTION 13: SURPLUS PROPERTY
The Purchasing Officer or his/her Designee is responsible for the transfer and disposition of surplus City property. “Surplus property” is used generically to describe any City property that is no longer needed or useable by a Using or Holding Department of the City. Surplus property procedures shall be carried out in accordance with the Atwater Municipal Code.

Each department shall review its equipment, material, and inventory at least once per fiscal year and report any surplus property to the Purchasing Officer. A surplus property form shall be completed and submitted for each surplus property item. Form A will be used for general surplus property. Form B will be used for surplus property that cannot be sold as described below.

The Purchasing Officer or his/her Designee has the authority to transfer surplus property between Departments or sell, trade in, exchange, or in some cases, destroy surplus property that is free of liens and encumbrances. All sales of surplus property of a value of $5,000 or less may be made by the Purchasing Officer on the open market. Property of value greater than $5,000 shall be sold by either acceptance of sealed bids in line with the rest of this Policy or by public auction. In the case of a public auction, the Purchasing Officer or his/her Designee may contract a licensed auctioneer in the name of the City.

The proceeds of any sale of surplus property shall go to the City’s general fund, except when established accounting procedures require the deposit go to a special fund.

Transfer of Property to Other Agencies
The City Manager may transfer or convey the surplus property to another public agency or a quasi-public agency by sale, exchange, loan, or gift. Gifts to any agency cannot exceed the value of one hundred dollars ($100) during any twelve-month cycle. A “quasi-public agency” for the sake of this Policy is a tax-exempt nonprofit corporation which is currently engaged in a public project financed in whole or in part by public funds pursuant to contract or grant agreement with a governmental agency, and the assets of which corporation upon dissolution will not be distributable to or for any private person or purpose.

The City Manager may also choose to transfer or convey the surplus property to civic, charitable, or educational institutions and agencies with the approval of the City Council.

Surplus Property Prohibited from Resale, Exchange, Loan, Gift, or other Conveyance The following types of property, once deemed surplus, shall not be sold, exchanged, loaned,

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28 gifted, or otherwise conveyed to the public or other agencies unless mandated by California or United States law. They shall be properly destroyed, discarded, or eliminated as necessary.

These types include the following:
(1) Hazardous Waste
(2) Chemicals
(3) Damaged items that present a potential risk
(4) Medical supplies
(5) Regulated or controlled substances
(6) Other materials, goods, or items that if sold present a liability to the City.

Property with Confidential Information
All property involving confidential information or equipment shall not be sold, exchanged, loaned, gifted, or otherwise conveyed to the public or other agencies unless mandated by California or United States law (e.g., subpoena, court order, etc.). Such property will be controlled by the appropriate City, state, and federal record policies.

Retired Police Dogs
Retired Police Dogs of the Atwater Police Department’s K-9 Unit present a financial liability to the City. These police dogs shall be returned to the original vendor or given to the dog’s handler or former handler without compensation.

Service Firearms
Peace officers may purchase their issued service firearm upon request. Specific criteria must be met for a peace officer to qualify. Please refer to Atwater Police Department policy.

Property of No Value
If the City Manager finds any surplus property to have no intrinsic value, is not usable, or is inappropriate for other uses; the City Manager has the authority to destroy the item.

SECTION 14: PROPERTY/INVENTORY CONTROL
Property or Inventory Control shall entail making and maintaining an inventory of all property owned by the City. The property will be categorized as personal (moveable) and real (not movable). Special control shall be exercised over personal property because it is moveable and thus capable of being misused, lost, or stolen.

The benefits of a property or inventory control system are numerous:
(1) It prevents the acquisition of duplicate items,
(2) It allows for equipment replacement schedules to be implemented, (3) Accountability is fixed so losses due to theft or negligence are more easily defined, (4) Surpluses and shortages within departments are more easily identified, (5) Transfer of equipment between departments is facilitated, and

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29 (6) Records provide an accurate basis for insurance claims.

All property with a value of one thousand dollars ($1,000) or more and with an expected usage of five years or more shall be subject to the personal property control system.

To install a personal property control system, a physical inventory must first be conducted. A records system of the inventory must then be established in order to provide a continual update of all property.

The Purchasing Division shall cause to be taken an inventory and establish a records system.

The Purchasing Division shall be responsible for the creation of an Inventory Control Policy.

SECTION 15: TRAVEL, REIMBURSEMENT, AND EMPLOYEE EXPENDITURES For a purchase to qualify as a reimbursable purchase, the employee must write the purpose of the purchase and for whom and submit the request with a receipt or receipts to the Finance Department.

Travel
Travel conducted on behalf of the City will follow the policy and procedures outlined in the City of Atwater Travel Policy. Relevant purchasing information from that policy has been reproduced below.

Elected and appointed officials and public employees authorized to travel on official City business shall be reimbursed for actual and necessary expenses incurred for mileage, transportation, lodging and meals in addition to any regular City compensation to which they are entitled; provided, however, that the maximum amount(s) that shall be reimbursed are as follows:

1.) Transportation
Private Conveyance – See Private Conveyance below
Airplane Travel – Equal to or less than rates through the Enhanced Local Government Airfare Program of the California League of Cities, the California State Association of Counties, or the State of California.

Upgrade cost will not be reimbursed.

Carrier Services – Actual cost for taxis, buses, “Ubers”, trains, and other public

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30 Carriers
Vehicle Rental – Equal to or less than rates set by the State of California.

Vehicle Parking – Actual cost
Payment for service received (tips) in conjunction with travel such as taxi or shuttle service is recognized as a legitimate and reasonable expense, and can be included in the addition to the amounts herein but shall not exceed fifteen percent (15%) of the price of the travel service.

2.) Lodging
In the case that an overnight stay is reasonably necessary, the City will pay the cost of the hotel. If the event is held at a hotel, the employee shall stay at that hotel if possible. The actual cost is not to exceed $150 per day for a single occupancy room rate. Room rates exceeding $150 per day must be approved by the City Manager.

When the individual travels to attend a conference, seminar, or similar event, the maximum allowable reimbursement shall be the conference facility group room rate plus applicable taxes.

Except where necessary and where approved in advance by the Council, when possible, at a publicly noticed meeting, Public Officials will not be reimbursed for hotel expenditures incurred for events occurring within a fifty (50) mile radius of Atwater City Hall except where the event begins before 8:00 a.m. or ends after 10:00 p.m.

3.) Meals
Maximum Amount per Day $50.00
Individual Meals
Breakfast $11.00
Lunch $15.00
Dinner $28.00
Payment for service received (tips) in conjunction with meals is recognized as a legitimate and reasonable expense, and can be added to the above amounts but shall not exceed fifteen percent (15%) of the price of the meal.

In line with the City of Atwater’s Drug and Alcohol-Free Workplace Policy, alcoholic beverages are never an eligible expense.

Private Conveyance
Employees are encouraged to use City-vehicles for all travel. If this is not a viable option, conveyance by private vehicle may be allowed by the City Manager.

Employees using private means for authorized travel shall be reimbursed at the thencurrent IRS mileage rate. Mileage shall be measured from Atwater City Hall or the Public

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31 Official’s home address, whichever is less; unless the Public Official is required to be at City Hall prior to leaving, in which case the City Hall address shall be used to measure miles. When a personal conveyance is used to carpool employees, the City Hall address shall be used.

Employees who regularly use their own vehicle for travel shall have public liability and property damage commercial insurance valued at a minimum of $100,000/$300,000 for bodily injury coverage and $50,000 for property damage coverage. Employees who incidentally use their own vehicle for travel shall have public liability and property damage commercial insurance valued at a minimum of $15,000/$30,000 for bodily injury coverage and $10,000 for property damage coverage.

Advance of Money
Individuals traveling on City business that involves an overnight stay may request a cash advance for the estimated travel and meal costs, excluding personal vehicle mileage. An approved written claim for cash advance shall be submitted to the Finance Department sufficiently early for the Finance Department to include the advance with regular check processing immediately prior to when the Public Official must leave. Advances cannot be made out of petty cash. Cash advances for travel and meal requests will be allowed only if adequate appropriations exist in the appropriate budget, and if the request has been signed by the Department Director and/or City Manager.

Claims for Travel Expenses
All reimbursement requests must be filed with the employee’s Department Director within ten (10) days of the event. The employee shall complete a Statement of Expenses Form which must include:

1.) Date of departure at the commencement of travel, and date of return on completion of travel.

2.) Date of arrival at and departure from each city or location at which City business is performed.

3.) Receipts for all expenditures for lodging and all other expenditures, including meals, in sufficient detail, so as to establish the allowability of each element of the expense claimed. If for some reason a transaction slip or receipt is not available or lost, a memorandum from the individual attesting to the exact expense may be approved by the Department Director.

4.) If the employee received a cash advance, the unused portion will be returned with the Statement of Expenses Form. However, this portion and the form must be returned to the Finance Department within two (2) business days of the employee’s return.

5.) If unusual or unanticipated circumstances arise related to elected official travel, the City Council can approve exceptions to this policy.

City Credit Card or Purchase Card Use
Use of a City credit card or purchase card shall be permissible for the reimbursable expenses listed herein. The credit card or purchase card may not be used at any time for

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32 personal expenses, even if the Public Official reimburses the City. Use of the credit card or purchase card for personal expenses will be considered a violation of policy and will result in appropriate disciplinary action up to termination of employment.

Unallowable Expenses
Unauthorized expenditures, which shall never be reimbursed, include but are not limited to:

1.) Alcoholic beverages

2.) Political contributions

3.) Expenses of a spouse, child, pet or other companions

4.) Personal entertainment

5.) Theft, loss or damage to personal property

6.) Non-mileage personal automobile expenses including, but not limited to, repairs, personal insurance, gasoline, and traffic citations

7.) Barber, beauty, tailor, laundry & other similar personal services

8.) Airline or other trip insurance

9.) Personal postage, telephone calls, or reading materials Expenses to be reimbursed by another agency, company, or group will not be considered for reimbursement.

Violations of this policy shall be handled as a violation of the City of Atwater Fraud Prevention and Control Policy. Violations may result in any or all of the following:

1.) Loss of all reimbursement privileges

2.) Demand for restitution to the City

3.) Disciplinary action up to termination of employment

4.) Any other applicable state and federal penalties, including criminal prosecution For further information regarding travel, please refer to the City of Atwater Travel Policy or the Director of Human Resources.

Miscellaneous
Beverage Supplies
The City will reimburse for non-alcoholic beverage supplies if you supply beverages to the public during a City-related function or event.

In line with the City’s Drug and Alcohol-Free Workplace Policy, alcoholic beverages are never reimbursable.

First Aid Supplies
Purchase of legitimate first-aid kit supplies for each City office is an allowable expense.

Pain medication is not an allowable expense.

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33 Refreshments for Staff Meetings
Reimbursement for the cost of minimal refreshments served at Employee-only staff meetings is considered an appropriate expenditure if approved by the Department Director or City Manager.

Interview Panels
Reimbursement may be received for the purchase of refreshments or lunch for participants of selection panels engaged in official City recruitment activities as approved by the Department Director or the City Manager. The title of the job recruitment and the persons serving on the panel must be documented on the receipt.

Sympathy Gifts
Departmental gives of flowers or other gifts sent in the event of a serious illness or death are considered PERSONAL expressions of sympathy and will not be reimbursed or paid for by the City. However, such gifts sent from the City at large may be paid for by the City out of the appropriate operating account as directed or approved by the City Manager.

Birthday Cakes and Gifts
Departmental gifts of flowers, cakes or other gifts in celebration of a staff member birthday are considered to be PERSONAL celebrations and will not be reimbursed or paid for by the City.

Staff Meal Reimbursements
Non-training or travel related meals involving staff can be reimbursed if the following conditions are met.

Staff meets with City Council member(s), Board and Commission member(s), or another non-Employee individual(s) subject to prior Department Director approval only when the meeting is business related.

On a very occasional basis, and only with Department Director approval, reimbursement can be made for a meal function that involves staff members only.

Meals will NOT be reimbursed if the public official or employee must stay in the evening to attend a meeting, i.e. Planning Commission meeting, City Council meeting, or any other special session.

Employee Recognition Programs
Departmental Directors may design some type of Employee recognition program for which the City will reimburse expenses within reasonable and budgetary limits.

Employee recognition awards determined to be taxable will be paid through the payroll system.

Reimbursement for Civic, Service, Professional Organizations or Professional Fees

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34 Civil Service Organizations
The City will not reimburse any costs associated with Employee memberships in civic service organizations.

Professional Organizations
Membership in professional organizations that are directly related to an Employee’s job may be reimbursed.

Professional Registrations, License or Certification
Costs for individual professional registrations, licenses, or certifications that are required for employment or provide a direct benefit to the City and enhance job performance are reimbursable.

Reimbursement for Personal Credit Card Use
Employees who regularly travel and/or purchase equipment, supplies, or services for the City are strongly encouraged to utilize the City credit cards rather than personal credit cards. If a personal credit card is used, all City purchasing policies must still be observed including spending limits and obtaining bids. The usage of a personal credit card should only be considered as an absolute last resort.

Please refer to Section 10 of this Purchasing Manual for more information.

Employees who excessively use a personal credit card for City purchases may be subject to a loss of reimbursement privileges.

Petty Cash
Reimbursement for purchases of $25 or less may be handled through petty cash with appropriate documentation and approval of the Finance Director.

SECTION 16: DEFINITIONS
AGREEMENT An understanding or arrangement between two or more parties.

Also, see “Contract” and “Purchase Order”
APPROPRIATION City Council authorization to expend public funds for a specific purpose.

AS IS A term indicating that goods offered for sale in existing condition are without Warranty or Guarantee.

AWARD The acceptance of a Bid, Quote, or Proposal.

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35 BID The executed document submitted by a Bidder in response to a Notice Inviting Bids (NIB), a Proposal, or a Request for Quotations.

BIDDER A person or legal entity who submits a bid in response to a solicitation. Proposer. See Bid or Proposal.

OPEN PURCHASE An Agreement of no more than one year between the City and a ORDER Vendor allowing authorized City employees to charge repetitive Purchases of supplies, equipment, or services at pre-arranged prices, dollar limits, and/or other terms and conditions.

BRAND NAME A trade name which serves to identify a product or particular manufacturer.

CHANGE ORDER Written modification or addition to a Purchase Order or Contract/Agreement authorized by the appropriate authority.

CITY City shall mean the City of Atwater, and other such districts, authorities, or agencies as may be governed by the members of the City of Atwater City Council.

CITY ATTORNEY Shall mean and include the City Attorney of the City of Atwater.

CITY COUNCIL Shall mean and include the City Council of the City of Atwater and the Board of Directors of the Housing and Non-Housing Successor Agency to the Atwater Redevelopment Agency. It shall also mean the governing boards of such other districts, authorities, or agencies as may be governed by the City Council of the City of Atwater.

CITY MANAGER Shall mean and include the City Manager of the City of Atwater.

CITY CLERK Shall mean and include the City Clerk of the City of Atwater.

COLLUSION WITH Any secret agreement to purposefully be fraudulent or deceitful for BIDDER OR VENDOR purposes of influencing the outcome of a bid process or quote process. Collusion may occur between an agent, employee, or a representative of the City with a prospective bidder or vendor or, in some cases, one or more bidders or vendors may collude to manipulate a purchase award.

COMPETITIVE The submission of prices by individuals or firms competing for a BIDDING Contract, privilege, or right to supply merchandise or services CONFLICT OF The City’s Conflict of Interest Code applies to each and every INTEREST transaction entered into pursuant to the provisions of the Purchasing System and this manual. The Conflict of Interest Code adopted by the City of Atwater has adopted California

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36 Administrative Code § 18730 which contains a standard model and is adopted by reference by the City.

CONTRACT A verbal or written, legally binding mutual promise between two parties, e.g., an accepted Purchase Order.

CONTRACT A Purchase Order (usually issued for one year) which outlines unit PURCHASE ORDER prices to be charged by the Vendor for the term of the Purchase Order. This type of Purchase Order is generally used for such things as electrical, plumbing, and other goods and services which are anticipated to be needed periodically throughout the year. The bids are usually expressed at hourly rates plus parts expressed at specific discount below list price.

CONTRACT A form used to communicate to the Purchasing Officer that a TRACKING FORM Contract has been awarded and that certain dollar values, representing the amount expected to be spent during the current and future fiscal years, are to be encumbered. This form precedes the issuance of an Encumbrance Order.

DESIGNEE A duly authorized and appointed representative of an employee that holds a superior position to the person appointed to represent him or her.

DISCOUNT An allowance or deduction from a normal or list price extended by a seller to a buyer to make the unit price more competitive.

DISPOSE OF To transfer or part with, to sell; to get rid of; to throw out EMERGENCY See Urgency Purchase

PURCHASE
EMPLOYEE A person who is hired to provide services to the City of Atwater in exchange for a salary or wage and who does not provide these services as part of an independent business.

ENCUMBRANCE Committed budgeted funds prior to receiving supplies, equipment, or services; funds are shown as an encumbrance until supplies, equipment, or services are received, at which time funds are actually expended.

ENCUMBRANCE Direction provided to the Purchasing Division using a Contract ORDER Tracking Form to encumber contracts without the issuance of a Purchase Order.

EQUIPMENT Personal property necessary to conduct the City’s business, including, but not limited to, furnishings, machinery, vehicles, rolling stock, and other property used to conduct the City’s business.

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37 FORMAL BID A bid which must be submitted in a sealed envelope and in conformance with a prescribed format, to be opened and
announced at a specified time at a public opening.

GENERAL SERVICES Services such as janitorial, uniform cleaning, maintenance, and other services for which the performance of such activities do not require any unique skill, special background, or training.

GUARANTEE A pledge or assurance that something is as represented and will be replaced or repaired if it fails to meet the stated Specifications.

INFORMAL BID Written or verbal Quotations for supplies, equipment, and services which pursuant to this Policy are not required to meet the formal bidding requirements. Informal Bids include unsealed written quotes, verbal quotes, and quotes received via fax.

LOWEST The bidder submitting the lowest price and capable of performing (RESPONSIVE AND) the proposed Contract. See also Responsive Bidder and RESPONSIBLE Responsible Bidder
BIDDER
LOCAL BIDDER / Any individual, partnership, or corporation which regularly VENDOR maintains a place of business within the incorporated City Limits of the City of Atwater and has obtained a business license issued by the City of Atwater.

MALFEASANCE An act which is, in itself, unlawful or unauthorized; acting in a manner wholly beyond one’s jurisdiction.

MISFEASANCE Performance of a lawful action (an action in one’s jurisdiction) in an illegal or improper manner.

NON-FEASANCE Failure to act when one has the affirmative duty or authority to do so.

NON LOCAL Any individual, partnership, or corporation which does not have a BIDDER/VENDOR place of business within the incorporated City Limits of the City of Atwater.

NON-RESPONSIVE A bid that does not conform to the essential requirements of the BID Notice Inviting Bids. Also called a non-conforming bid, or unresponsive bid.

NOTICE INVITING A formal notice published in the newspaper or elsewhere or sent BIDS (NIB) directly to potential bidders, notifying them that the City is accepting bids for a specific purpose.

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38 PROFESSIONAL Any work performed by an auditor, attorney, doctor, architect, SERVICES engineer, land surveyor, construction project manager, appraiser, expert, or consultant, for example.

PROPOSAL The executed document submitted by an offer or in response to a Request for Proposals (and the basis for subsequent negotiation).

PUBLIC Shall mean the Public Contract Code of the State of California.

CONTRACT CODE
PUBLIC PROJECT a) A project for the erection, improvement, painting, or repair of (Definition is from the public buildings and works.

California Public b) Work in or about streams, bays, waterfronts, embankments, or Contract Code) other work for the protection against overflow. c) Street or sewer work except for maintenance or repair. d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.

PUBLICLY OWNED, Any plant, building, structure, ground facility, utility system, real LEASED, or property, streets, and highways or other capital improvements for OPERATED FACILITY which the project is to be undertaken by the City.

PURCHASE Renting, leasing, licensing, trading, or in any other way acquiring Equipment or supplies or materials or services is determined to be a purchase on behalf of the City of Atwater.

PURCHASE OFFICER The City Manager or his/her designated representative.

PURCHASING DIVISION The Finance Department of the City of Atwater QUALIFIED BIDDER A “qualified” bidder is a bidder that demonstrates the following OR VENDOR characteristics:
(1) Can provide product quality, fitness, and capacity for the required usage.
(2) Has the ability, capacity, and skill to perform the contract or provide the service required.
(3) Has demonstrated character, integrity, reputation, judgment, experience, and efficiency, particularly with reference to past purchases by the City or other public agencies.
(4) Has the ability to perform within the time required. (5) Has shown quality of performance and/or of products provided in previous contracts or services with the city or other public agencies
(6) Note: Previously documented incidents of unsatisfactory performance and/or unsatisfactory delivery, materials, or services may also result in a determination of unqualified.

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39 QUOTATION A statement of price, terms of sale, and description of goods or services offered by a prospective seller to a prospective Purchaser, usually for Purchases below the amount requiring formal bidding.

REQUEST FOR All documents, whether attached or incorporated by reference, PROPOSAL (RFP) for soliciting competitive Proposals. The RFP procedure permits negotiation of Proposals and prices as distinguished from Competitive Bidding and a Notice Inviting Bids. The procedure allows changes to be made after Proposals are opened and contemplates that the nature of the Proposals and/or prices offered will be negotiated prior to the Award.

REQUEST FOR The document generally used for seeking competition on small QUOTATION (RFQ) Purchases or on any Purchase that does not require competitive Sealed Bidding. Can be used for obtaining price and delivery information for Sole Source and emergencies. Also, see
Quotation.

RESPONSIBLE A person who has the capability in all respects to perform in full BIDDER/VENDOR the Contract requirements, and the integrity and reliability which assure good faith performance.

RESPONSIVE A person who has submitted a Bid which conforms in all material BIDDER respects to the Notice Inviting Bids (NIB) or one whose Bid conforms in all material respects to the terms and conditions, Specifications, and other requirements of the NIB.

SEALED BID A bid which has been submitted in a sealed envelope to prevent its contents from being revealed or known before the deadline for the submission of all Bids; required for Formal Bids.

SOLE SOURCE An award for a commodity or service to the only reasonably known capable supplier due to the unique nature of the
requirement, the supplier, or market conditions
SPECIFICATIONS A description of what the Purchaser seeks to buy or accomplish and consequently, what a Bidder must be responsive to in order to be considered for Award of a Contract. A Specification may be a description of the physical or functional characteristics; or the nature of a supply or service. It may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery.

SPLIT To divide a Purchase into two or more parts in order to avoid the requirements of the Purchasing Policy. This action is prohibited by this Policy.

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40 Example 1:

If a department knows it will use $26,000 of a particular supply in one fiscal year and they place two orders six months apart to keep each order below the $25,000 limit, the action is considered Splitting and is not allowed under this Policy.

Example 2:

If a department hires ABC Engineering to prepare a fee study for $8,000 and also hires the same company to oversee a capital improvement project for $18,000, the action is not considered splitting.

SURPLUS PROPERTY Any city property that is no longer needed or usable by the holding department.

SUPPLIES Office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the City’s business, excepting supplies or materials for a Public Work which is regulated under the Public Contract Code § 20160, et seq.

URGENCY PURCHASE A purchase which may be done without competitive bidding or obtaining quotes when time is of the essence and is made only for the following reasons:
(1) To preserve or protect life, health, or property; or (2) Upon natural disaster; or
(3) To forestall a shutdown of essential public services.

USING or An established department or division of the City of Atwater which REQUESTING shall utilize the goods, services, equipment, or other purchases DEPARTMENT which are to be obtained using the Centralized Purchasing System as established by the Atwater Municipal Code, Chapter

3.04 VENDOR A supplier of goods or services.

WARRANTY The representation that something is true. Not to be confused with “Guarantee”. A representation of utility, condition, and durability made by a Bidder or Vendor of a product offered.

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41 APPENDIX I: PROCEDURE FLOW CHARTS

THE PURCHASING PROCESS

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42 URGENCY PURCHASING PROCEDURES FLOWCHART

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43 SELECTION OF CONSULTANT AND PROFESSIONAL SERVICES

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44 CHANGE ORDER AND REQUISITION FORM PROCESS

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45 APPENDIX II: APPLICABLE STATE LEGISLATION

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46 STATE OF CALIFORNIA GOVERNMENT CODE
TITLE V, DIVISION 2, PART 1, CHAPTER 5, ARTICLE 7. PURCHASES OF SUPPLIES AND EQUIPMENT BY LOCAL AGENCIES [54201-54205]
http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=2.&chapter=5.&part=1. &lawCode=GOV&title=5.&article=7.

STATE OF CALIFORNIA PUBLIC CONTRACT CODE
DIVISION 2, PART 3, CHAPTER 1, ARTICLE 4. CITIES [20160-20174] http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=2.&chapter=1.&part=3. &lawCode=PCC&article=4.

STATE OF CALIFORNIA PUBLIC CONTRACT CODE
DIVISION 2, PART 3, CHAPTE R 2, ARTICLE 3. PUBLIC PROJECTS: ALTERNATIVE PROCEDURE [22030-22045]
http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=2.&chapter=2.&part=3. &lawCode=PCC&article=3.

CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 24, 2022
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief
PREPARED BY: Robert Ayuso, Battalion Chief
SUBJECT: Authorizing Submittal of Grant Application to Department of Homeland Security's Staffing for Adequate Fire and
Emergency Response Grant (CAL FIRE Battalion Chief Ayuso)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3285-22 authorizing submittal of a grant application to the Department of Homeland Security's (DHS) Staffing for Adequate Fire and Emergency Response (SAFER) Grant; and authorizes and directs the City Manager, or her designee, to sign the grant application and implement the project on behalf of the City.

I. BACKGROUND/ANALYSIS:

The notice of the Department of Homeland Security's (DHS), Staffing for Adequate Fire and Emergency Response (SAFER) Response Grant was released on January 3, 2022 with applications due February 4, 2022. The SAFER Grant was created to provide funding directly to fire departments and volunteer firefighter interest organizations to help them increase or maintain the number of trained, "front line" firefighters available in their communities. The SAFER Grant anticipates making an estimated 500 SAFER Grant awards for a total of approximately $560 million, selected no later than May 31, 2022.

The Fiscal Year (FY) 2022 Staffing for Fire and Emergency Response (SAFER) Grant Program (hereafter referred to as the SAFER Program) is one of three grant programs that constitute the Department of Homeland Security's (DHS), Federal Emergency Management Agency’s (FEMA) focus on enhancing the safety of the public and firefighters with respect to fire and fire-related hazards. The SAFER Program provides funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate fire protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2
The SAFER Program has awarded approximately $4.8 billion in grant funding to provide critically needed resources to hire new, additional firefighters (or to change the status of part-time or paid-on-call firefighters to full-time firefighters), to rehire laid off firefighters, or to retain firefighters facing layoff.

The City of Atwater Fire Department operates with a small staff compared to the number of citizens they protect. Currently, the fire department has 11 firefighters (including the two Battalion Chief positions) and currently 1 active reserve/volunteer firefighter. This gives the department one firefighter to approximately 2,600 residents and does not meet current NFPA 1710 standards for staffing levels on our fire apparatus. In an effort to increase public safety with our limited operating budget, the fire department is constantly searching for different avenues of funding. Staff is requesting direction to apply for funding under the 2022 SAFER Hiring Grant to: hire five (5) new CAL FIRE Fire Apparatus Engineer positions.

II. FISCAL IMPACTS:

Should the City be awarded the grant, the City would be responsible for any overtime costs, as well as any additional costs for higher salaries or benefits for firefighters hired, as well as the 25% local share for the first and second year and 65% for the third year.

If awarded, staff will return to City Council and request approval for a budget amendment to appropriate revenue and expenditure. The City's annual cost for the first and second year, at 25% cost share, would be approximately $392,000 combined. The estimated cost for the third year, at 65% cost share, would be $562,000. This estimate is based upon the current contract with CAL FIRE. 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'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:

The Fire Department and City Manager's Office will be coordinating the application submittal and any other necessary grant documents needed.

Agenda Report - Page 3
VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item up to and including during the City Council meeting when the item is read for consideration.

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 Fire Department will coordinate with the City Manager to prepare and submit the application.

Submitted by:

Bobby Ayuso, CAL FIRE Battalion Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3285-22 Authorizes Submittal of Grant Application to DHS SAFER Grant

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3285-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AUTHORIZING SUBMITTAL

OF GRANT APPLICATION TO THE
DEPARTMENT OF HOMELAND SECURITY’S

STAFFING FOR ADEQUATE FIRE AND

EMERGENCY RESPONSE GRANT AND

AUTHORIZING EXECUTION OF ALL

DOCUMENTS RELATED TO THE GRANT
WHEREAS, the Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response (hereinafter referred to as SAFER) Grant was established to provide funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate fire protection from fire and fire-related hazards; and
WHEREAS, the Department of Homeland Security’s SAFER has issued a Notice of Funding Opportunity (NOFO) for the hiring program to provide critically needed resources to hire new, additional firefighters; and
WHEREAS, the City of Atwater wishes to submit an application to obtain from SAFER an allocation of funds to hire five (5) new CAL FIRE Fire Apparatus Engineer positions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize the submission of a grant application for the SAFER Grant BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby authorize and direct the City Manager to sign the application and all other documents required for participation in the 2022 Department of Homeland Security’s SAFER hiring program on behalf of the City.

The foregoing resolution is hereby adopted the 24th day of January 2022.

AYES:

NOES:

ABSENT:

Resolution No. 3285-22 Page 2
APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Justin Vinson
SUBJECT: Authorizing Submittal of Grant Application to California Department of Resources Recycling and Recovery for SB 1383 Local Assistance Grant Program (Public Works/Community
Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3282-22 authorizing submittal of a grant application to the California Department of Resources Recycling and Recovery (CalRecycle) for SB 1383 Local Assistance Grant Program; and authorizes and directs the City Manager, or her designee, to execute all documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

In September 2016, Governor Edmund Brown Jr. set methane gas emissions reduction targets for California (SB1383 Lara, Chapter 395, Statues of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets must reduce organic waste disposal 50 percent by 2020 and 75 percent by 2025, and for people to eat at least 20 percent of currently disposed surplus food by 2025.

The Department of Resources Recycling and Recovery (CalRecycle) is administering a one-time grant program meant to provide aid in the implantation of regulations adopted by CalRecycle pursuant to Chapter 395, Statues of 2016 and SB170 Budget Act of 2021. This non-competitive grant program provides $57,000,000 of funding to local jurisdictions, for which the City of Atwater is estimated to be eligible up to $42,743, to assist with the implementation of regulation requirements associated with SB1383, including but not limited to:
 Capacity Planning
 Collection
 Edible Food Recovery
 Education and outreach (includes organic waste & edible food recovery)  Enforcement and Inspection
 Program Evaluation/Gap Analysis

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2
 Procurement Requirements
 Record Keeping
II. FISCAL IMPACTS:

If awarded, staff will return to City Council and request approval for a budget amendment to appropriate revenue and expenditure. 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 number one (1) of the City'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 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:

The steps following approval will include the City Manager, or her designee, executing any and all documents pertaining to the application.

Agenda Report - Page 3
Submitted by:

Greg Thompson, Public Works/Community Development Director Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3282-22 Authorizes Submittal of Grant Application to CalRecycle for SB 1383

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3282-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AUTHORIZING SUBMITTAL

OF GRANT APPLICATION TO THE DEPARTMENT

OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) FOR SB 1383 LOCAL

ASSISTANCE GRANT PROGRAM
WHEREAS, the Department of Resources Recycling and Recovery (CalRecycle) is seeking applications to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statues of 2016; and WHEREAS, this non-competitive grant program will provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383; and
WHEREAS, the City of Atwater is estimated to be eligible for up to $42,743 to be used towards implementation of regulations requirements associated with SB 1383.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize the submission of a grant application to CalRecycle for SB 1383 Local Assistance Grant Program.

BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby authorize and direct the City Manager, or her designee, to sign all grant-related documents necessary to implement and close-out the grant.

The foregoing resolution is hereby adopted this 24th day of January 2022.

AYES:

NOES:

ABSENT:

Resolution No. 3282-22 Page 2
APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Authorizing Submittal of Grant Application to California Department of Transportation for Clean California Local Grant Program (Public Works/Community Development Director
Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3286-22 authorizing submittal of a grant application to the California Department of Transportation (Caltrans) for Clean California Local Grant Program (CCLGP); and authorizes and directs the City Manager, or her designee, to execute all documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

The California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) as part of a two-year program through which approximately $296 million in funds will go to local communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces. Through the combination of adding beautification measures and art in public spaces along with the removal of litter and debris, this effort will enhance communities and improve spaces for walking and recreation.

Assembly Bill 149 (Sec. 16) created the CCLGP of 2021 and was codified under Streets and Highway Code §91.41 et al. The program is one part of the nearly $1.1 billion Clean California Initiative that takes direct aim at the continuous trash generation that has overwhelmed Caltrans and its partners.

This grant is a competitive statewide program created to beautify and rejuvenate local communities. Each grant awarded shall not exceed five million dollars, and there is no minimum award. All projects must be completed by June 30, 2024, and all funds must be expended by December 30, 2024.

Staff have put together four separate applications to improve different areas in the community. The main focal point of the application is to beautify and renovate our local

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2
parks and the Downtown Corridor. The proposed projects will not only rejuvenate our parks and downtown air, but also provide the community with more alternative recreational options. Proposed projects are as follows:

1. Downtown Rejuvenation Project: This project proposes to improve sidewalks where CMAQ dollars do not cover. This project will beautify Bloss Park and make it a central spot to host music venues, celebratory events, movie nights in the park, etc. This will include installation of architectural fencing, restrooms, trash/recycle bins with education signage, relocation and improvements to the WWII rose garden, concession stands, and an amphitheater.

2. Osborn Park Beautification Project: This is to rejuvenate all sports fields, installation of facilities, new playgrounds for tot and intermediate ages, bleachers and shade structures for spectators, improved parking lots, a connective walking path throughout the park with solar lighting, installation of new scoreboards for all fields, and trash receptacles throughout the park to help with litter issues.

3. Veterans Park Beautification Project: This project intends to clean up the south end of the park, which includes the BMX park, the baseball field, and the football/soccer field. The safety hazard and blight of the BMX park will be demolished, a disc golf course will be installed, sports fields will be rejuvenated to accommodate residential uses along with City recreational events, an installation of a score board for the multipurpose field along with bleachers and shade structures for spectators, and a walking path throughout this area with LED lighting.

4. Ralston Park Beautification Project: With the multi-approach that the City is taking to rejuvenate the Downtown Corridor, Ralston Park will need to be improved with the installation of a restroom facility, a walking path at the site, installation of trash receptacles, LED lighting, grub removal, and grading and reseeding the lawn.

The proposed applications demonstrate the community need of local recreational facilities. These projects will offer the community a diverse variety of recreation opportunities, promote physical activity, and rejuvenate our parks, which have fallen into neglect and need improvement to not only provide recreational opportunities to all ages but provide a safe place for the City's residents.

II. FISCAL IMPACTS:

If awarded, staff will return to City Council and request approval for a budget amendment to appropriate revenue and expenditure. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

Agenda Report - Page 3
IV. EXISTING POLICY:

This item is consistent with goal numbers two (2), three (3) and six (6) of the City's 2020-2025 Strategic Plan: to ensure safety of staff and our community, promote transparency through communication, and to enhance quality of life, respectively.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The Community Development Department and the City Manager’s office will coordinate this application submittal and any other necessary grant documents needed.

VII. PUBLIC PARTICIPATION:

There have been stakeholders' meetings held and a survey posted to the City’s website and social media handles to inform the community of the intent to apply for this grant as well as request any feedback on the proposed projects. The public will have an opportunity to provide comments on this item up to and including during the City Council meeting when the item is read for consideration.

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. Any specific projects for construction will come back to Council for approval and any CEQA analysis will be completed at that time.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council's approval, the Community Development Department will coordinate with the City Manager to prepare and submit the grant application and any other grant documents needed.

Submitted by:

Greg Thompson, Public Works/Community Development Director

Agenda Report - Page 4
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3286-22 Authorizes Submittal of Grant Application to Caltrans for CCLGP

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3286-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AUTHORIZING SUBMITTAL

OF GRANT APPLICATION TO THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR CLEAN CALIFORNIA LOCAL

GRANT PROGRAM (CCLGP)
WHEREAS, the California Department of Transportation (Caltrans) is seeking applications to provide aid in the beautification and improvements to local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces; and
WHEREAS, Assembly Bill 149 (Sec. 16) created the CCLGP of 2021 and was codified under the Streets and Highway Code §91.41 et al.; and
WHEREAS, the program is one part of a nearly $1.1 billion Clean California initiative that takes direct aim at the continuous trash generation that has overwhelmed California Department of Transportation (Caltrans) and its partners; and WHEREAS, this is a competitive grant statewide program created to beautify and clean up local communities; and
WHEREAS, each grant awarded shall not exceed five million dollars, and there is no minimum award.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize the submission of a grant application to Caltrans for Clean California Local Grant Program.

BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby authorize and direct the City Manager, or her designee, to sign all grant-related documents necessary to implement and close-out the grant.

Resolution No. 3286-22 Page 2
The foregoing resolution is hereby adopted this 24th day of January 2022.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Dyson
SUBJECT: Approving Agreement affecting Real Property and Outside Service Agreement for Water Service with Clay and Sherry Berlier (Public Works/Community Development Director
Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3283-22 approving the Agreement affecting Real Property and Outside Service Agreement for Water Service, in a form approved by the City Attorney, with Clay and Sherry Berlier; and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

Clay Berlier and Sherry Berlier, the owners, submitted a letter, dated August 3, 2021, from the Merced County Department of Public Heath indicating the lack of adequate water supply at their property is a threat to public health. The owner submitted an application to the Local Agency Formation Commission (LAFCo) for Out of Boundary Water Connection Services. An agreement between the owners and the City of Atwater has been drafted.

On October 21, 2021, LAFCo approved the Out of Boundary Service Extension to the property through a public hearing. As the agreement states the owners will relinquish their right to petition against annexation, there were no further conditions of approval.

The next day, an official letter was sent to the City to confirm the approval and has been submitted with this report.

The applicants are the owners of real property located in the unincorporated area of the County of Merced. The property is located on the west side of N. Giannini Road. With the development of the property, the frontage and address of the property would be off Aviator Road. The property is currently known as Merced County Assessor’s Parcel Number (APN) 056-330-014.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2
ANALYSIS:

Staff has reviewed the application and property and has determined the extension of the water services to the property would be acceptable and in conformance with the General Plan.

The real property is currently located within the Sphere of Influence. The General Plan defines the “Sphere of Influence” as, “incorporated and unincorporated territory which encompasses the City’s ultimate probable service area.” As the General Plan has already identified this area as a “probable service area,” the request to extend the water connection services would be appropriate.

The General Plan Policy 3.1.g allows the City to supply water services to properties outside of the City limits in emergency situations or exceptional cases where public health and safety is jeopardized. The owner of the property is experiencing a lack of adequate water supply, which is a threat to public health.

There is a high probability the property will be annexed into the City in the future. The General Plan has anticipated this area as possible annexation. It is immediately adjacent to the City limits. The proposed Water Connection Agreement contemplated includes relinquishing the right of the property owners to oppose annexation.

Extending the water services to the property would not cause significant impacts on the infrastructure. As the property is currently at the boundary between City of Atwater and County of Merced, water services could be provided without impact on the overall infrastructure. Also, there currently are water lines nearby the property that could be extended.

II. FISCAL IMPACTS:

Approval of the extension would require the owner to agree to pay the current established rates. 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:

Pursuant to Section 13.12.120 of the City of Atwater Municipal Code, water services may be extended to users outside of City limits with the approval of City Council.

V. ALTERNATIVES:

N/A

Agenda Report - Page 3
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public hearing was adequately noticed and advertised for the regularly scheduled City Council hearing. The public will have the opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

Pursuant to the California Environmental Quality Act (CEQA) the project is categorically exempt under guideline section 15301, Class 1 “Existing Facilities.” This exemption states “Class 1 consists of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving no negligible or no expansion of existing or former use.” The City has existing water lines in the area along Aviator Drive that can serve the parcel and the connections will not have an adverse effect on the environment or land use.

IX. STEPS FOLLOWING APPROVAL:

Following approval of the Agreement affecting Real Property and Outside Service Agreement for Water Service, the property owner will move on to the next step to obtaining water connection with the City of Atwater.

Submitted by:

Greg Thompson, Public Works/Community Development Director Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3283-22 Approves Berlier Agreement affecting Real Property and Outside Service Agreement for Water Service

2. LAFCo Letter - Approval of Berlier Connection

Agenda Report - Page 4

3. Agreement Affecting Real Property and Outside Service Agreement for Water Service - Clay and Sherry Berlier

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3283-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING THE

AGREEMENT AFFECTING REAL PROPERTY

AND OUTSIDE SERVICE AGREMENT FOR

WATER SERVICE BY AND BETWEEN THE CITY

OF ATWATER AND CLAY BERLIER AND

SHERRY BERLIER
WHEREAS, Clay and Sherry Berlier are the owners of real property in the unincorporated area of the County of Merced; and
WHEREAS, the City of Atwater is in a position to provide domestic water service to the existing property; and
WHEREAS, the City of Atwater furnishes water services to properties outside of City limits in emergency situations or exceptional cases, where public health and safety is jeopardized; and
WHEREAS, the City of Atwater has reviewed the subject property and determined the extension of the water service to the property would be acceptable and in conformance with the General Plan; and
WHEREAS, Berlier submitted a letter from the County of Merced Department of Public Health indicating the lack of an adequate water supply at the property is a threat to public health; and
WHEREAS, the agreement establishes the relinquishing of right to petition against future annexation of the property; and
WHEREAS, on October 21, 2021, the Local Authority Formation Commission has approved the agreement and water connection to the property; and WHEREAS, the connections are categorically exempt under California Environmental Guideline Section 15301, Class 1, “Existing Facilities” exemption.

Resolution No. 3283-22 Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve the Agreement affecting Real Property and Outside Service Agreement for Water Service for Clay and Sherry Berlier.

The foregoing resolution is hereby adopted this 24th day of January 2022.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

1 (Above for Recorder's Use Only)

AGREEMENT AFFECTING REAL PROPERTY

AND OUTSIDE SERVICE AGREEMENT FOR

WATER SERVICE
THIS AGREEMENT is made and entered into by and between the City of Atwater, a California municipal corporation, ("City"), and CLAY BERLIER and SHERRY BERLIER ("Owner"), and entered into on the date the last party executes said agreement.

This Agreement is made with reference to the following recitals:

WHEREAS, Owner desires to have water service from City to its property located outside the city limits of the City, and more fully identified and described in Paragraph 14 of this Agreement (“Property”); and
WHEREAS, City furnishes water service to properties outside city limits in emergency situations or exceptional cases, such as well failure, where public health and safety is jeopardized in accordance with City General Plan Policy 3.1.g; and, WHEREAS, Owner desires and has requested City to furnish water service to his real property; and,
WHEREAS, Owner has submitted a letter dated August 3, 2021, from the Merced County Department of Public Health indicating that the lack of an adequate water supply at Owner's property is a threat to public health; and RECORDING REQUESTED BY:

City of Atwater,
A California MunicipalCorporation
WHEN RECORDED MAIL TO:

City of Atwater
City Clerk
750 Bellevue Road
Atwater, California 95301
Exempt Recording Per Gov't Code
Section 6103

2 WHEREAS, City is agreeable to furnishing said water service upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual covenants hereinafter recited, the Parties hereby agree as follows:

1. COVENANTS RUNNING WITH THE LAND. City agrees to furnish water service for the benefit of Owner's real property hereinafter described. The obligations of Owner stated in this Agreement are covenants running with the land and bind the above-described Property and are intended by City and by Owner that this Agreement shall be recorded and be binding upon Owner and Owner's heirs, administrators, assignees, and successors in interest in the land described herein.

2. COVENANT TO ANNEX.
a . Owner hereby covenants and binds himself and his successors in interest to annex said real property to City when the City Council determines that such annexation shall be made, and Owner hereby acknowledges that this writing is a request and a consent by him to so annex the said real property, and Owner for himself and his successors in interest further agrees not to protest annexation of said property either by itself or as part of a larger parcel of land and hereby specifically waives the provisions of all sections of law now existing or hereafter to be enacted permitting protests to be filed in annexation proceedings. Such sections of law hereby waive, include without limitation, to do any act authorized by Government Code section 57051 to file a written protest against annexation to the full extent allowed by Civil Code section 3513.
b. Owner shall do any and all other acts as necessary to annex said property to City when requested to do so by City.
c. In the event Owner does not take all actions necessary to annex its Property to City, City reserves all rights to terminate this Agreement, disconnect water service, refuse to provide water service, and/or seek other remedies against Owner.

3. FEES AND CHARGES. Owner agrees to pay all fees for all system operations and management services for water service, including without limitation, a deposit, disconnect fee, reconnect fee, late payment penalty fee, return check fee, collection agency fee, water disconnection notice, unauthorized reconnect, lock breakage fee/lock replacement fee, disconnect water line at main for nonpayment fee, and other such fees and charges as set forth by City ordinance and/or resolution. Owner shall pay water service charges and water main connection fees and/or charges as set forth by City ordinance and/or resolution.

3 If the necessary water mains or services or appurtenances do not exist to provide water service to said property, City and Owner shall comply with the City’s requirements, specifications, ordinances, and resolutions for the installation of necessary water mains and appurtenances thereto. In no event, will City be obligated to pay the cost of such installations.

4. CHARGE FOR SERVICE. Owner agrees to pay water service charge at metered rate in such sum as from time-to-time may be established by the City Council.

5. LINE EXTENSION CHARGE. Owner agrees to pay City, at the time the application is made, such sum as is estimated to cover the cost of labor, materials, equipment and overheard needed in making the water connections and extending same to the property line.

At the option of City, in lieu of the water line extension charge, Owner agrees at his own expense to cause a water line, of such size as shall be determined by City engineer, to be constructed and installed according to City standards, at such location as shall be determined by City engineer as necessary or desirable to serve Owner's property and comply with City extension requirements.

6. SUBSEQUENTLY ENACTED OR ADOPTED CHARGES. If the City Council shall hereafter increase or enact or adopt any other charges, fees or other requirements related to water service, annexation, or any other aspect of the subject matter of this Agreement, Owner agrees to pay or perform the same, in the same manner, and to the same extent, as any other person similarly situated.

7. CONFORMANCE WITH CITY ORDINANCES. Owner agrees to
cause all future improvements and construction on said property to conform to the subdivision, zoning, housing, plumbing, electrical, building, fire, park dedication and other codes, ordinances, and regulations of City, including payment of fees stipulated therein. In addition, all applicable requirements of the Atwater Municipal Code dealing with the water system of the City of Atwater are incorporated herein by reference.

8. DEDICATION FOR PUBLIC USE. Owner agrees to dedicate to public use, at no cost to City, and without any demands, conditions or requirements, any easements, streets, alleys, or other public ways which the Planning Commission and/or the City Council find necessary and desirable for the future development of the property or for the protection and maintenance of utilities.

4 9. CONSENT TO PAY TAXES UPON ANNEXATION. Owner, by this writing, consents upon annexation to be taxed his proportionate share of the City's general indebtedness existing at the time of annexation, as approved in Section 57328 of the Government Code.

10. AGREEMENT TO NOTIFY PURCHASER OR GRANTEE. In the event Owner's land, or any lot or parcel thereof, is to be sold or conveyed, Owner agrees to notify said purchaser or grantee of the terms and conditions of this Agreement, however the binding effect of this Agreement upon said purchaser or grantee shall not be lessened or waived by the failure of the Owner to give such notice.

11. FAILURE TO PAY. Upon the failure of Owner or Owner's successors in interest to make the payments at the time and in the manner as herein provided, or to keep or perform any of the agreements or covenants on their part to be kept or performed as herein provided, City may cease to give water service and may disconnect City water lines from said property upon giving the Owner or Owner's successor in interest 60 days' written notice of City's intention so to do, which said notice shall be by personal service or by mail to Owner or Owner's successor in interest at his or her last known mailing address.

Unpaid service charges for the property described below shall constitute a debt of the Owner or Owner's successors in interest to the City. The Owner or the Owner's successor in interest who incurred the debt shall be liable in a civil action for the amount of the unpaid service charges, for the cost of suit, and for reasonable attorney fees. The service charges shall also constitute a lien against said property for the amount of the unpaid service charges. Any lien shall be enforceable against Owner and Owner's successors in interest and shall be subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

12. RESULT OF FAILURE TO ANNEX. It is further understood and agreed that state law provides that application must be made to the Local Agency Formation Commission (“LAFCO”) before the real property herein described ay be annexed to the City, and if LAFCO should not give its consent to annex, or if LAFCO places conditions or modifications upon annexation which are not acceptable to City in its sole discretion, then and in that event this Agreement shall be cancelled and terminated and City may cease to give water service after giving notice and intent to do so at the address listed in Paragraph 13 hereof, or at such other address provided to the City’s City Clerk in writing and specifically citing this Agreement and this paragraph, at least twenty-four (24) months prior and may thereafter disconnect City water lines from said property and neither Owner nor Owner’s successor in interest shall be entitled to any refund of charges previously paid to City.

5 13. PROPERTY DESCRIPTION. The property herein referred to is described as follows:

Address: Physical address not yet assigned.

Future address of the site will be off
Aviator Dr, Atwater, CA
Assessor's Parcel Number: 056-330-014
The legal description is attached hereto as Exhibit "A" and the property is shown on the map attached hereto as Exhibit "B."

14. RECORDATION OF AGREEMENT. This Agreement shall be
recorded with the Merced County Recorder's Office within thirty (30) days of execution thereof. No permit shall be issued pursuant to this Agreement until this Agreement has been recorded in the official records of Merced County.

15. CONDITION PRECEDENT. To the extent LAFCO approval is required to provide outside service of water to said property, such shall be obtained and is a condition precedent before this Agreement becomes operative.

SIGNATURES ON FOLLOWING PAGE

6 IN WITNESS WHEREOF, this Agreement is executed by Applicant and the City of Atwater as of the Effective Date.

ACTING AGENCY PROPERTY OWNER
City of Atwater Clay Berlier and Sherry Berlier
a California Municipal Corporation
By:_________________________ By:_________________________ Lori Waterman, City Manager Clay Berlier, Property Owner By: _________________________
Sherry Berlier, Property Owner

Approved as to Form:

Frank Splendorio, City Attorney

7 California All-Purpose Acknowledgment
State of California )
)
County of )
On _____________________, before me ____________________, a Notary Public, personally appeared____________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
(Signature)
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

8 California All-Purpose Acknowledgment
State of California )
)
County of )
On _____________________, before me ____________________, a Notary Public, personally appeared____________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
(Signature)
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

9 EXHIBIT A

LEGAL DESCRIPTION
All that portion of Lot 31, "Map of the Buhach Colony", in the County of Merced, State of California, as per plat recorded in Book 2 of Maps Page 8, records of said County, described as follows:

Beginning at a point on the North line of a County Road that is North O deg. 33 min. West,

40.0 feet and North 89 deg. 28 min. East, 1313.12 feet and north 24 deg. 40 min. East, 100 feet from the Southwest corner of Lot 29 of said Buhach Colony; thence north 24 deg. 40 min. East, 461.56 feet to the South line of the Property as described in Deed to E. H. Buller and Wife, recorded April 16, 1946 in the Office of the County Recorder of Merced County in Volume 832 of Official Records at Page 217; thence South 65 deg. 20 min. East along the South line of said E.H. Buller. Property. 660.70 feet to the centerline of Marian Avenue as shown on said Map; said centerline also being the East line of said Lot 31; thence South 24 deg. 40 min. West, 130.30 feet; along centerline of Marian Avenue and the East line of said Lot 31; thence North 65 deg. 20 min. West, 244.0 feet; thence south 24 deg. 40 min. West 145.1 feet to the Northeasterly corner of the property as described in Deed to Willie Ford and wife, recorded January 2, 1953 in the Office of the County Recorder of Merced County in Volume 1080 of Official Records at Page 125; thence north 65 deg. 20 min. West along the north line of the Willie Ford Property a distance of 50 feet to the Southeasterly line of the property as described in Deed to Hosea Arline Wilson and wife, recorded March 11 , 1963 in the Office of the
County Recorder of Merced County in Volume 1603 of Official Records at Page 10; thence North 24 deg. 40 min. East along the Southeasterly line of said Wilson property 2.60 feet to the Northeast corner of said Hosea Arline Wilson Property; thence South 89 deg. 28 min. West, 102.61 feet along the North line of said Hosea Arline Wilson Property to the Northwest corner thereof, said Northwest corner also being the Northeast corner of the property as described in Deed to Ellie Hugh Wilson and wife, recorded March 8, 1963 in the Office of the County Recorder of Merced County in Volume 1602 of Official Records at page 835; thence continuing South 89 deg. 28 min. West along the North line of said Ellie Hugh Wilson Property, a Distance of 102.61 feet to the Northwest corner thereof thence South 24 deg. 40 min. West along the Northwesterly line of said Ellie Hugh Wilson property, a distance of 25 feet to the Northeast corner of the property as described in deed to J. V. Holmes and wife, recorded December 13, 1955 in the office of the County Recorder of Merced County in Volume 1237 of Official Records at Page 255; thence South 89 deg. 28 min. West along the North line of said J. V. Holmes Property a distance of 100 feet to the Northwest corner thereof; said point also being the Northeast corner of the property as described in Deed to Junie Williams and wife, recorded May 9, 1952 in the Office of the County Recorder of Merced County in Volume 1057 of Official Records at Page 85; thence continuing South 89 deg. 28 min. West along the North line of said Junie Williams Property, a distance of 100 feet to the Northwest corner thereof and the point of beginning.

Assessor’s Parcel Number: 056-330-014

1 0

EXHIBIT B

CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Dyson
SUBJECT: Approving Agreements affecting Real Property and Outside Service Agreement for Water Service with property owners of Castle Park Acres Division (Public Works/Community
Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3284-22 approving the Agreements affecting Real Property and Outside Service Agreement for Water Service, in a form approved by the City Attorney, with the property owners of the Castle Park Acres Division; and authorizes and directs the City Manager, or her designee, to execute the agreements on behalf of the City.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The City of Atwater and the property owners of the subject properties are seeking to enter into Agreements affecting Real Property and Outside Service Agreement for Water Service. The properties within the Castle Street area, also known as the Caste Park Acres Division, are not currently within the City limits. The area is a small pocket surrounded by City limits, but is not currently annexed.

All out of boundary water connections are required to enter into an agreement with the City to start water services. The properties have been connected to City water services since the 1960s. The subject properties currently are not under a water connection agreement. The City and the property owners are intending to ratify the existing services by entering into Water Connection Agreements.

The City assisted in reaching out to all property owners within the Castle Street pocket.

Not all property owners within the pocket elected to participate in the new arrangement.

The City Staff will continue to make process of obtaining the remaining signatures from the property owners and will bring these agreements to the City Council once they have been obtained.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2
ANALYSIS:

Staff reviewed the subject properties and determined the continuation of the water services to the said properties would be acceptable and in conformance with the General Plan.

The real properties are currently located within the Sphere of Influence. The General Plan defines the “Sphere of Influence” as, “incorporated and unincorporated territory which encompasses the City’s ultimate probable service area. As the General Plan has already identified this area as a “probable service area,” continual water connection services would be appropriate.

The General Plan Policy 3.1.g allows the City to supply water services to properties outside of City limits in emergency situations or exceptional cases where public health and safety is jeopardized. The owners of the properties in the area have been using the City’s water. If their connections were disabled, they would experience a lack of an adequate water supply and would be a threat to public health.

Government Code Section 56133(e)(4) states any extended services to out of boundary properties that a City was providing on or before January 1, 2001 would not need to request or receive approval from the Local Authority Formation Commission (LAFCo). As the connections to the water services began prior to January 1st of 2001, these particular connections would not require LAFCo review.

Supplying water services to the properties has not caused significant impacts on the infrastructure. The properties are already connected to the City services and would not need to be extended, replaced, or repaired. As the subject properties are currently within the boundary of the City of Atwater, in a small unannexed area, the water services would continue to be provided without impact on the overall infrastructure.

II. FISCAL IMPACTS:

Upon approval and execution of the Agreement Affecting Real Property And Outside Service Agreement For Water Service, the addresses with a fully executed agreement will pay the approved water rates. This has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

IV. EXISTING POLICY:

Pursuant to Section 13.12.120 of the City of Atwater Municipal Code, water services may be extended to users outside of the City Limits with the approval of City Council.

V. ALTERNATIVES: