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
AND
HOUSING SUCCESSOR AGENCY TO THE
ATWATER REDEVELOPMENT AGENCY
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
February 14, 2022
CALL TO ORDER: 4:30 PM
City Council and Housing Successor Agency to ARA Agenda for Meeting of February 14, 2022
ROLL CALL:
Ambriz ____, Button ____, Cale ____, Raymond ____, Creighton _____ CLOSED SESSION:
Adjourn to Conference Room A
• Conference with Labor Negotiators - Government Code Section 54957.6, Agency Negotiators: City Manager Waterman, Deputy City Manager Del Real, and City Attorney Splendorio, Bargaining Units: Atwater Police Officers Association and AFSCME Local 2703 - Clerical Employees Unit, Mid-Managers Group, Miscellaneous Employees Unit, and Unrepresented Employees
• Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
Number of cases (1)
• Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1): Name of case: Samuel Joseph v. City of Atwater; Case No. 18CV-04981
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
PLEDGE OF ALLEGIANCE TO THE FLAG
INVOCATION
Invocation by Police Chaplain Steve Mead
ROLL CALL: (City Council/Board of Directors)
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 and Housing Successor Agency to ARA Agenda for Meeting of February 14, 2022
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:
Proclamation
• Black History Month, February 1 - March 1, 2022
Staff's Recommendation: That Mayor Creighton present the proclamation to the Ebony Socialites of Atwater, recognizing and honoring Black History Month.
***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. February 14, 2022
Staff's Recommendation: Approval of warrants as listed.
TREASURER'S REPORT:
2. December 31, 2021
Staff's Recommendation: Approval of report as listed.
MINUTES: (City Council)
3. a) January 24, 2022 - Regular meeting
b) January 31, 2022 - Special meeting
Staff's Recommendation: Approval of minutes as listed.
City Council and Housing Successor Agency to ARA Agenda for Meeting of February 14, 2022
RESOLUTIONS
4. Making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater (City Attorney Splendorio)
Staff's Recommendation: Adoption of Resolution No. 3292-22 making the required findings authorizing the continuation of Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater.
5. Approving Budget Amendment allocating funding for Affordable Housing Consulting Services and Approving Professional Services Agreement with RSG, Inc. for SB 341 Annual Reports (Public Works/Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. HSA 2022-1 approving Budget Amendment No. 24 amending Fiscal Year 2021-22 Budget to allocate funding for Affordable Housing Consulting Services with RSG, Inc. in an amount not to exceed $5,000; approves a Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc. for SB 341 Annual Reports; and authorizes and directs the City Manager, or her designee, to execute the Professional Services Agreement on behalf of the City.
6. Approving Budget Amendment establishing budget appropriation for Affordable Housing Underwriting Services and Approving Professional Services Agreement with RSG, Inc. for Affordable Housing Underwriting Services (Public Works/Community Development Director Thompson) Staff's Recommendation: Adoption of Resolution No. HSA 2022-2 approving Budget Amendment No. 25 amending Fiscal Year 2021-22 Budget to establish revenue and expenditure budget appropriation for Affordable Housing Underwriting Services for the proposed Chelsea Investment Corporation Affordable Housing Project with RSG, Inc. in an amount not to exceed $14,995; approves a Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc. for Affordable Housing Underwriting Services; and authorizes and directs the City Manager, or her designee, to execute the Professional Services Agreement on behalf of the City.
City Council and Housing Successor Agency to ARA Agenda for Meeting of February 14, 2022
7. Designating All-Way Stop Control at intersection of Commerce Avenue at Applegate Ranch Shopping Center Commercial Driveways (Public Works/Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3288-22 designating All-Way Stop Control at the intersection of Commerce Avenue at the Applegate Ranch Shopping Center Commercial Driveways.
8. Adopting Notification of Intent to Comply to California Department of Resources Recycling and Recovery (Public Works/Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3281-22 adopting the Notification of Intent to Comply to the California Department of Resources Recycling and Recovery (CalRecycle); and authorizes and directs the City Manager, or her designee, to execute all documents on behalf of the City.
9. Approving Budget Amendment establishing budget appropriation for Building Division to allow customers to make online payments through Bambora (Chief Building Official Pereida)
Staff's Recommendation: Adoption of Resolution No. 3289-22 approving Budget Amendment No. 21 amending Fiscal Year 2021-22 Budget to establish a revenue and expense budget appropriation for $5,240.00 for the Building Division to allow customers to make online payments through Bambora.
PUBLIC IMPROVEMENTS:
10. Accepting Winton Way Reconstruction Project as complete (Public Works/Community Development Director Thompson)
Staff's Recommendation: Accepts work done under the contract for Winton Way Reconstruction, City Project No. 15-1; authorizes a final payment in the amount of $141,865.37; and authorizes and directs the City Manager to sign a Notice of Completion and have it recorded on behalf of the City.
City Council and Housing Successor Agency to ARA Agenda for Meeting of February 14, 2022
ORDINANCES (WAIVING SECOND READING AND ADOPTION):
11. Waiving the second reading and adopting 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: Waives the second reading and adopts 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.
12. Waiving the second reading and adopting 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: Waives the second reading and adopts Ordinance No. CS 1044 amending Section 2.07.010, "Commission appointments," of Title 2, "Administration and Personnel," of the Atwater Municipal Code.
PETITIONS AND COMMUNICATIONS:
13. Approving fee waiver requested by Merced County Registrar of Voters to use Atwater Community Center as a Voting Assistance Center for 2022 Elections (City Clerk Armstrong & Merced County Registrar of Voters) Staff's Recommendation: Approval of a fee waiver requested by the Merced County Registrar of Voters to use the Atwater Community Center from May 28, 2022 to June 8, 2022 and October 29, 2022 to November 9, 2022 for the June 7, 2022 Statewide Direct Primary Election and November 8, 2022 Midterm Election; and authorizes and directs the City Manager, or her designee, to execute any and all documents necessary to waive the facility rental fees associated with Merced County Registrar of Voters using the Atwater Community Center as a Voting Assistance Center.
***END OF CONSENT CALENDAR***
City Council and Housing Successor Agency to ARA Agenda for Meeting of February 14, 2022
PUBLIC HEARINGS:
14. Consideration of Criteria and Process Regarding City Council District Electoral Boundaries and Receive Public Input (City Attorney Splendorio) Staff's Recommendation: Receive a report from staff and the City's redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and Open the public hearing and receive public input on district boundaries; and
Close the public hearing.
15. Adopting 2020 Urban Water Management Plan (Public Works/Community Development Director Thompson)
Staff's Recommendation: Open the public hearing and take any testimony given;
Close the public hearing;
Motion to adopt Resolution No. 3295-22 adopting the City of Atwater 2020 Urban Water Management Plan in accordance with the Urban Water Management Planning Act including amendments made by the Water Conservation Act of 2009 and Water Conservation Legislation of 2018, and authorizes and directs the City Manager, or her designee, to make any necessary changes prior to submission to the California Department of Water Resources; 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
City Council and Housing Successor Agency to ARA Agenda for Meeting of February 14, 2022
CLOSED SESSION:
Continuation of Closed Session if necessary
ADJOURNMENT
City Council and Housing Successor Agency to ARA Agenda for Meeting of February 14, 2022
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].
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
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 29 30 31
~ March 2022 ~
6:00 PM
City Council Meeting -
Committee Meeting -
Audit & Finance
Office Hours -
1:30 PM - 3:30 PM
Merced County
Supervisor McDaniel
District 3
Begins 6:00 PM Meeting - 6:00 PM
Daylight Saving Time City Council Meeting - Planning Commission
4:30 PM
Sunday Monday Tuesday Wednesday Thursday Friday
Saturday
WARRANTS SUMMARY FOR FEBRUARY 14, 2022
TOTAL OF WARRANTS {FROM WARRANT REPORT)
ADDITIONAL WARRANTS { THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) 1 s 2,182,143.60 1
DATE I DESCRIPTION AMOUNT
1/27/2022IPrewrittens included in this current warrant run. 2/2/2022 PERS Retirement EFT 1/6/22-1/19/22
1/31/2022 AFLAC- JANUARY 2022
1/4/2022 PERS Health - JANUARY 2022
2/3/2022 PERS Health - FEBRUARY 2022
1/28/2022 Retiree Medical Reimbursement- FEBRUARY 2022
$ {17,934.85)
$ 47,670.65
$ 773.07
$85,468.04
$89,302.80
$28,363.60
TOTAL ADDITIONAL WARRANTS $ 233,643.31
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $2,415,786.91
I INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) !DATE - !DESCRIPTION {AMOUNT
1/27/2022 Net Payroll
1/27/2022 Federal Taxes
1/27/2022 State Taxes
1/27/2022 Payroll Deductions
$165,256.54
$54,143.11
$6,873.03
$890.93
$226,272.68
TOTAL INFORMATIONAL WARRANTS $227,163.61
~
CITY TREASU
~
RER ~
Accounts Payable
Checks for Approval
User'.
Printed:
jdaniel
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760 Bellevue Rooo, .A1Watef CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18857 01/28/2022 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 1,679.46 ---
Check Total: 1,679.46
18858 01/28/2022 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 256.37 Check Total: 256.37
18859 01/28/2022 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 676.23 Check Total: 676.23
18860 01/28/2022 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 27.19 Check Total: 27.19
18861 01/27/2022 Internal Service Fund Communications AT and T - CALNET3 544.18 18861 01/27/2022 Northwood Village LO Communications AT and T- CALNET3 22.49 18861 01/27/2022 General Fund Communications AT and T - CALNET3 123.57 18861 01/27/2022 Water Enterprise Fund Communications AT and T - CALNET3 245.70 18861 01/27/2022 Sewer Enterprise Fund Communications AT and T- CALNET3 336.80 18861 01/27/2022 Meadow View LD Communications AT and T - CALNET3 22.49 Check Total: 1,295.23
18862 01/27/2022 General Fund Travel/Conferences/Meetings JOHN CALE 160.79 Check Total: 160.79
18863 01/27/2022 General Fund Professional Services FEDERAL LICENSING, INC. 175.00 Check Total: 175.00
18864 01/27/2022 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 166.39 18864 01/27/2022 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.68 18864 01/27/2022 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 690.76 18864 01/27/2022 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 210.11 18864 01/27/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 587.19 18864 01/27/2022 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 634.64 AP-Checks for Approval (2/9/2022 - 2:16 PM) Page I
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18864 01/27/2022 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 283.82 18864 01/27/2022 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 27.64 18864 01/27/2022 America West LD Utilities MERCED IRRIGATION DISTRICT 122.83 18864 01/27/2022 Camellia Meadows LO Utilities MERCED IRRIGATION DISTRICT 55.46 18864 01/27/2022 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 340.35 18864 01/27/2022 General Fund Utilities MERCED IRRIGATION DISTRICT 726.87 18864 01/27/2022 Mello Ranch LO Utilities MERCED IRRIGATION DISTRICT 404.31 18864 01/27/2022 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 50.48 18864 01/27/2022 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 55.46 18864 01/27/2022 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 275.46 18864 01/27/2022 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 16.82 18864 01/27/2022 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 272.17 18864 01/27/2022 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 16.82 18864 01/27/2022 Mello Ranch 2 LO Utilities MERCED IRRIGATION DISTRICT 520.04 18864 01/27/2022 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 16.82 18864 01/27/2022 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 348.08 18864 01/27/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 5,227.92 Check Total: 11,167.12
18865 01/27/2022 General Fund Rents & Leases QUADIENT LEASING USA, INC. 1,606.53 Check Total: 1,606.53
18866 02/01/2022 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 730.93 Check Total: 730.93
18867 02/01/2022 General Fund Garnishments FRANCHISE TAX BOARD 160.00 Check Total: 160.00
Report Total: 17,934.85
AP-Checks for Approval (2/9/2022 - 2:16 PM) Page 2
Accounts Payable
Checks for Approval
User:
Printed:
jdaniel
2/9/2022 - 2:16 PM
Ahvater
Co1rununity Pr;- Cit id,
760 Bellevue F'..oacl, .AllAlater CA 963Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 02/14/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 80,416.67 0 02/14/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 52,916.67 0 02/14/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 195,361.46 0 02/14/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 42,147.40 0 02/14/2022 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 156.94 Check Total: 370,999.14
18868 02/14/2022 Water Enterprise Fund Professional Services ABS PRESORT, INC. 685.11 18868 02/14/2022 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 685.11 18868 02/14/2022 Sanitation Enterprise Professional Services ABS PRESORT, INC. 685.11 18868 02/14/2022 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,166.67 18868 02/14/2022 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,166.67 18868 02/14/2022 Sanitation Enterprise Office Supplies ABS PRESORT, INC. 1,166.66 Check Total: 5,555.33
18869 02/14/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR 127.50 Check Total: 127.50
18870 02/14/2022 Sanitation Enterprise Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 252,683.30 Check Total: 252,683.30
18871 02/14/2022 Internal Service Fund Professional Services ALLWAYS TOWING, L.L.C. 200.00 18871 02/14/2022 General Fund Professional Services ALLWAYS TOWING, L.L.C. 200.00 Check Total: 400.00
18872 02/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 269.53 18872 02/14/2022 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 15.14 18872 02/14/2022 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 15.14 18872 02/14/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 12.81 18872 02/14/2022 General Fund Miscellaneous AMAZON CAPITAL SERVICES 69. 16 18872 02/14/2022 General Fund Miscellaneous AMAZON CAPITAL SERVICES 69.16 18872 02/14/2022 General Fund Miscellaneous AMAZON CAPITAL SERVICES 194.84 AP-Checks for Approval (2/9/2022 - _2: 16 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18872 02/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 12.33 18872 02/14/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 40.50 18872 02/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.76 18872 02/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 477.63 18872 02/14/2022 General Fund Communications AMAZON CAPITAL SERVICES 371.25 18872 02/14/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 561.27 18872 02/14/2022 Water Enterprise Fund Office Supplies AMAZON CAPITAL SERVICES 61.29 18872 02/14/2022 Water Enterprise Fund Office Supplies AMAZON CAPITAL SERVICES 21.64 18872 02/14/2022 Water Enterprise Fund Special Departmental Expense AMAZ ON CAPITAL SERVICES 44.49 18872 02/14/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 53.26 18872 02/14/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 370.07 18872 02/14/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 66.44 Check Total: 2,801.71 -
18873 02/14/2022 Internal Service Fund Professional Services AMERICAN TRUCK & TRAILER BODY CO., IN• 676.56 Check Total: 676.56 --
18874 02/14/2022 Internal Service Fund Utilities AMERIGAS - MODESTO 120.53 18874 02/14/2022 Internal Service Fund Utilities AMERIGAS - MODESTO 194.89 Check Total: 315.42
18875 02/14/2022 Water Enterprise Fund Professional Services AQUA AEROBIC SYSTEMS, INC. 4,807.01 Check Total: 4,807.01
18876 02/14/2022 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 887.50 18876 02/14/2022 Sewer Enterprise Fund Professional Services ATWATER ELECTRIC 500.00 18876 02/14/2022 General Fund Special Departmental Expense ATWATER ELECTRIC 320.00 18876 02/14/2022 General Fund Professional Services ATWATER ELECTRIC 910.00 Check Total: 2,617.50
18877 02/14/2022 Internal Service Fund Professional Services ATWATER RADIATOR 25.00 Check Total: 25.00
18878 02/14/2022 General Fund Professional Services AXON ENTERPRISE, INC. 20,905.53 Check Total: 20,905.53
18879 02/14/2022 Employee Benefits Fund Professional Services BARTEL ASSOCIATES 6,800.00 Check Total: 6,800.00
18880 02/14/2022 Internal Service Fund Special Departmental Expense BARTON OVERHEAD DOOR 1,350.00 18880 02/14/2022 Internal Service Fund Professional Services BARTON OVERHEAD DOOR 300.00 AP-Checks for Approval (2/9/2022 - 2: 16 PM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,650.00
18881 02/14/2022 Internal Service Fund Professional Services BELKORP AG, LLC 1,225.00 18881 02/14/2022 Internal Service Fund Operations & Maintenance BELKORP AG, LLC 390.35 18881 02/14/2022 Internal Service Fund Professional Services BELKORP AG, LLC 968.76 18881 02/14/2022 Internal Service Fund Operations & Maintenance BELKORP AG, LLC 1,375.44 --
Check Total: 3,959.55 --
18882 02/14/2022 General Fund Professional Services BEST BEST & KRIEGER 25,551.60 18882 02/14/2022 General Fund Miscellaneous BEST BEST & KRIEGER 56.00 18882 02/14/2022 General Fund Professional Services BEST BEST & KRIEGER 3,450.00 18882 02/14/2022 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 437.00 18882 02/14/2022 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 437.00 18882 02/14/2022 Sanitation Enterprise Professional Services BEST BEST & KRIEGER 724.50 18882 02/14/2022 Risk Management Fund Professional Services BEST BEST & KRIEGER 1,336.50 Check Total: 31,992.60
18883 02/14/2022 Gas Tax/Street Improvement Professional Services BEST ELECTRIC 2,025.00 18883 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense BEST ELECTRIC 4,532.10 18883 02/14/2022 Gas Tax/Street Improvement Professional Services BEST ELECTRIC 7,830.00 Check Total: 14,387.10 -
18884 02/14/2022 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 19.92 18884 02/14/2022 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 9.36 Check Total: 29.28
18885 02/14/2022 Water Enterprise Fund Accounts Payable MAXWELL JR BROWN 46.97 18885 02/14/2022 Sewer Enterprise Fund Accounts Payable MAXWELL JR BROWN 52.72 18885 02/14/2022 Sanitation Enterprise Accounts Payable MAXWELL JR BROWN 19.35 18885 02/14/2022 Sanitation Enterprise Accounts Payable MAXWELL JR BROWN 6.03 Check Total: 125.07
18886 02/14/2022 Water Enterprise Fund Professional Services BSK ANALYTICAL LAB. 168.00 18886 02/14/2022 Water Enterprise Fund Professional Services BSK ANALYTICAL LAB. 38.00 18886 02/14/2022 Water Enterprise Fund Professional Services BSK ANALYTICAL LAB. 19.00 18886 02/14/2022 Water Enterprise Fund Professional Services BSKANALYTICALLAB. 168.00 18886 02/14/2022 1,2,3-TCP Fund Professional Services BSK ANALYTICAL LAB. 1,469.00 18886 02/14/2022 Water Enterprise Fund Professional Services BSKANALYTICAL LAB. 168.00 18886 02/14/2022 Water Enterprise Fund Professional Services BSK ANALYTICAL LAB. 114.00 Check Total: 2,144.00
18887 02/14/2022 1,2,3-TCP Fund TCP Remediation Project BSK ASSOCIATES 1,333.52 AP-Checks for Approval (2/9/2022 - 2:16 PM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,333.52
18888 02/14/2022 General Fund Special Departme:ntal Expense CAL FARM SERVICES 129.91 18888 02/14/2022 General Fund Professional Services CAL FARM SERVICES 320.00 18888 02/14/2022 Gas Tax/Street Improvement Special Departme:ntal Expense CAL FARM SERVICES 163.78 18888 02/14/2022 General Fund Special Departme:ntal Expense CAL FARM SERVICES 64.05 18888 02/14/2022 General Fund Professional Services CAL FARM SERVICES 160.00 18888 02/14/2022 General Fund Special Departme:ntal Expense CAL FARM SERVICES 1,027.91 Check Total: 1,865.65
18889 02/14/2022 Water Enterprise Fund Accounts Payable BIANCA CEJA 171.26 18889 02/14/2022 Sewer Enterprise Fund Accounts Payable BIANCA CEJA 40.03 18889 02/14/2022 Sanitation Enterprise Accounts Payable BIANCA CEJA 14.69 18889 02/14/2022 Sanitation Enterprise Accounts Payable BIANCA CEJA 4.58 Check Total: 230.56
18890 02/14/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 55.76 Check Total: 55.76
18891 02/14/2022 General Fund Uniform & Clothing Expense CINTAS 14.80 18891 02/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 42.00 18891 02/14/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 83.66 18891 02/14/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 97.22 18891 02/14/2022 Sanitation Enterprise Uniform & Clothing Expense CINTAS 9.64 18891 02/14/2022 Internal Service Fund Special Departmental Expense CINTAS 35.50 18891 02/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 30.04 18891 02/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 25.06 18891 02/14/2022 General Fund Uniform & Clothing Expense CINTAS 7.40 18891 02/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 21.00 18891 02/14/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 41.83 18891 02/14/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 48.61 18891 02/14/2022 Sanitation Enterprise Uniform & Clothing Expense CINTAS 4.82 18891 02/14/2022 Internal Service Fund Special Departmental Expense CINTAS 17.75 18891 02/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 18891 02/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 12.53 18891 02/14/2022 General Fund Uniform & Clothing Expense CINTAS 7.40 18891 02/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 27.12 18891 02/14/2022 Water Enterprise Fund Uniform & Clotlring Expense CINTAS 41.83 18891 02/14/2022 Sewer Enterprise Fund Uniform & Clotlring Expense CINTAS 48.61 18891 02/14/2022 Sanitation Enterprise Uniform & Clothing Expense CINTAS 4.82 18891 02/14/2022 Internal Service Fund Special Departmental Expense CINTAS 17.75 18891 02/14/2022 Internal Service Fund Uniform & Clotlring Expense CINTAS 15.02 18891 02/14/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 12.53 AP-Checks for Approval (2/9/2022 - 2: 16 PM) Page4
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 681.96
18892 02/14/2022 Internal Service Fund Communications COMCAST CABLE 13.20 Check Total: 13.20
18893 02/14/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 4,044.19 18893 02/14/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 294.00 Check Total: 4,338.19 .-
18894 02/14/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 3.97 18894 02/14/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 3.97 Check Total: 7.94
18895 02/14/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 33.70 Check Total: 33.70
18896 02/14/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 7.93 Check Total: 7.93
18897 02/14/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 29.73 Check Total: 29.73
18898 02/14/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 67.39 Check Total: 67.39
18899 02/14/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 7.93 Check Total: 7.93
18900 02/14/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 31.71 .
Check Total: 31.71
18901 02/14/2022 Water Enterprise Fund Accounts Payable D.R. HORTON CA3 INC. 63.43 Check Total: 63.43 .,
18902 02/14/2022 Information Technology Fund Professional Services DATAPATH 7,850.00 18902 02/14/2022 Information Technology Fund Special Departmental Expense DATAPATH 1,987.00 ---
Check Total: 9,837.00
18903 02/14/2022 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,309.36 AP-Checks for Approval (2/9/2022 - 2:16 PM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,309.36
18904 02/14/2022 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 1,490.00 ---
Check Total: 1,490.00
18905 02/14/2022 General Fund Special Departmental Expense DEPT. OF JUSTICE 352.00 18905 02/14/2022 General Fund Professional Services DEPT. OF JUSTICE 98.00 Check Total: 450.00
18906 02/14/2022 Public Safety Trans & Use Tax Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 590,686.07 Check Total: 590,686.07 -
18907 02/14/2022 Sewer Enterprise Fund Special Departmental Expense DOM'S ELECTRJC MOTOR SHOP 1,640.39 Check Total: 1,640.39
18908 02/14/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 143.93 18908 02/14/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 1,495.58 ---
Check Total: 1,639.51
18909 02/14/2022 General Fund Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 2,096.25 18909 02/14/2022 Shaffer Lakes East LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18909 02/14/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 268.75 18909 02/14/2022 Sandlewood Square LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18909 02/14/2022 Pajaro Dunes LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18909 02/14/2022 Stone Creek LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 18909 02/14/2022 Atwater South LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18909 02/14/2022 Meadow View LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 18909 02/14/2022 Applegate Ranch Lndscp Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 Check Total: 2,795.00
18910 02/14/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 311.04 -
18910 02/14/2022 Sewer Enterprise Fund Special Departmental Expense FASTENAL COMPANY 311.04 18910 02/14/2022 Sewer Enterprise Fund Special Departmental Expense FASTENAL COMPANY 5.41 18910 02/14/2022 Gas Tax/Street Improvement Uniform & Clothing Expense FASTENAL COMPANY 53.85 18910 02/14/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 71.83 18910 02/14/2022 Internal Service Fund Special Departmental Expense FASTENAL COMPANY 11.73 18910 02/14/2022 Sewer Enterprise Fund Special Departmental Expense FASTENAL COMPANY 30.29 Check Total: 795.19
I 8911 02/14/2022 General Fund Office Supplies FEDERAL EXPRESS 39.50 18911 02/14/2022 General Fund Office Supplies FEDERAL EXPRESS 92.40 AP-Checks for Approval (2/9/2022 - 2:16 PM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 131.90
18912 02/14/2022 Water Enterprise Fund Accounts Payable VERONICA FELGUEREZ PEREZ 143.49 Check Total: 143.49
18913 02/14/2022 General Fund Professional Services FENCE BUILDERS INC. 3,600.00 18913 02/14/2022 General Fund Professional Services FENCE BUILDERS INC. 400.00 18913 02/14/2022 General Fund Professional Services FENCE BUILDERS INC. 800.00 Check Total: 4,800.00
18914 02/14/2022 Internal Service Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 64.05 Check Total: 64.05
18915 02/14/2022 Water Enterprise Fund Accounts Payable FORTIS GENERAL CONSTRUCTION INC 21.80 Check Total: 21.80
189i6 02/14/2022 Sewer Enterprise Fund Professional Services FOSTER'S PUMPS, INC. 500.00 Check Total: 500.00
18917 02/14/2022 1,2,3-TCP Fund TCP Remediation Project GHD 80,969.82 ---
Check Total: 80,969.82
18918 02/14/2022 Water Enterprise Fund Accounts Payable NICOLE GOLD 40.85 18918 02/14/2022 Sewer Enterprise Fund Accounts Payable NICOLE GOLD 45.83 18918 02/14/2022 Sanitation Enterprise Accounts Payable NICOLE GOLD 5.23 18918 02/14/2022 Sanitation Enterprise Accounts Payable NICOLE GOLD 16.82 Check Total: 108.73
18919 02/14/2022 Water Enterprise Fund Accounts Payable MARIA GONZALEZ 45.15 18919 02/14/2022 Sewer Enterprise Fund Accounts Payable MARIA GONZALEZ 57.84 18919 02/14/2022 Sanitation Enterprise Accounts Payable MARIA GONZALEZ 6.63 18919 02/14/2022 Sanitation Enterprise Accounts Payable MARIA GONZALEZ 21.21 Check Total: 130.83
18920 02/14/2022 Water Enterprise Fund Accounts Payable MICHAEL GUTIERREZ 48.70 18920 02/14/2022 Sewer Enterprise Fund Accounts Payable MICHAEL GUTIERREZ 54.59 18920 02/14/2022 Sanitation Enterprise Accounts Payable MICHAEL GUTIERREZ 20.05 18920 02/14/2022 Sanitation Enterprise Accounts Payable MICHAEL GUTIERREZ 6.22 Check Total: 129.56
18921 02/14/2022 Internal Service Fund Professional Services HI-TECH EV S, INC. 2,417.60 AP-Checks for Approval (2/9/2022 - 2:16 PM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18921 02/14/2022 Internal Service Fund Operations & Maintenance HI-TECH EV S, INC. 89.19 18921 02/14/2022 Internal Service Fund Professional Services HI-TECH EV S, INC. 18,818.67 18921 02/14/2022 Internal Service Fund Operations & Maintenance HI-TECH EV S, INC. 2,583.58 Check Total: 23,909.04 ,.....
18922 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense INTERSTATE SALES 1,579.47 Check Total: 1,579.47 -- 18923 02/14/2022 Internal Service Fund Operations & Maintenance JACK'S R BETTER INC. 88.00 Check Total: 88.00
18924 02/14/2022 ARPA-American Rescue Plan Act Professional Services JANI TEK CLEANING SOLUTIONS 2,390.00 18924 02/14/2022 ARPA-American Rescue Plan Act Professional Services JANI TEK CLEANING SOLUTIONS 3,360.00 Check Total: 5,750.00
18925 02/14/2022 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 2,604.04 18925 02/14/2022 Measure V 20% AltemativeModes HSIP-Highway Safety Imp Prg Gt JLB TRAFFIC ENGINEERING, INC 42.21 18925 02/14/2022 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 710.53 Check Total: 3,356.78 -
18926 02/14/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 219.08 18926 02/14/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 3,603.26 18926 02/14/2022 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 348.25 18926 02/14/2022 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 213.75 18926 02/14/2022 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 214.95 18926 02/14/2022 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 143.25 18926 02/14/2022 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 473.25 18926 02/14/2022 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 353.25 18926 02/14/2022 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 128.25 18926 02/14/2022 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 267.25 18926 02/14/2022 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 765.25 18926 02/14/2022 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 215.25 18926 02/14/2022 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,002.38 18926 02/14/2022 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 548.25 18926 02/14/2022 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 329.25 18926 02/14/2022 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 365.25 18926 02/14/2022 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 398.25 Check Total: 9,588.42
18927 02/14/2022 General Fund Operations & Maintenance JORGENSEN COMPANY 1,249.14 18927 02/14/2022 Internal Service Fund Professional Services JORGENSEN COMPANY 1,249.14 --
AP-Checks for Approval (2/9/2022 - 2: 16 PM) Page 8
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,498.28 -
18928 02/14/2022 Gas Tax/Street Improvement Small Tools KELLOGG'S SUPPLY 465.38 18928 02/14/2022 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 6.48 Check Total: 471.86
18929 02/14/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY -
183.00
18929 02/14/2022 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 68.83 18929 02/14/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 213.25 18929 02/14/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 98.96 18929 02/14/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 52.67 18929 02/14/2022 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 18.91 Check Total: 635.62
,,,,.,,
18930 02/14/2022 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 304.43 18930 02/14/2022 Sewer Enterprise Fund Uniform & Clothing Expense LAWSON PRODUCTS 330.81 Check Total: 635.24
18931 02/14/2022 General Fund Memberships & Subscriptions LEAGUE OF CALIFORNIA CITIES 13,543.00 ---
Check Total: 13,543.00
18932 02/14/2022 General Fund Professional Services LEIST AND ASSOCIATES 6,147.25 18932 02/14/2022 General Fund Professional Services LEIST AND ASSOCIATES 4,909.70 ---
Check Total: 11,056.95
18933 02/14/2022 General Fund Miscellaneous LOOMIS DEPT. 0757 454.12 Check Total: 454.12
18934 02/14/2022 Internal Service Fund Professional Services LOPES SEPTIC & PUMPING 400.00 Check Total: 400.00
18935 02/14/2022 General Fund Planning Deposits JAIME MARQUEZ 109.78 Check Total: 109.78
18936 02/14/2022 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 91.42 18936 02/14/2022 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 1,559.82 18936 02/14/2022 Internal Service Fund Operations & Maintenance MCAULEY MOTORS -433.00 Check Total: 1,218.24
18937 02/14/2022 General Fund Community Center Deposits LISSETTE MEDRANO 210.00 AP-Checks for Approval (2/9/2022 - 2:16 PM) Page 9
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 210.00 -
18938 02/14/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 190.51 18938 02/14/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 190.51 18938 02/14/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 129.78 18938 02/14/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 40.49 18938 02/14/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 96.98 Check Total: 648.27
18939 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense MERCED TRUCK & TRAILER INC. 15.44 18939 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense MERCED TRUCK & TRAILER INC. 22.02 Check Total: 37.46
18940 02/14/2022 Water Enterprise Fund Accounts Payable RICHARD MILEY 3.02 - 18940 02/14/2022 Sewer Enterprise Fund Accounts Payable RICHARD MILEY 4.45 18940 02/14/2022 Sanitation Enterprise Accounts Payable RICHARD MILEY 0.51 18940 02/14/2022 Sanitation Enterprise Accounts Payable RICHARD MILEY 1.63 Check Total: 9.61
18941 02/14/2022 Water Enterprise Fund Accounts Payable FANNIE MITCHELL 12.27 18941 02/14/2022 Sewer Enterprise Fund Accounts Payable FANNIE MITCHELL 15.57 18941 02/14/2022 Sanitation Enterprise Accounts Payable FANNIE MITCHELL 4.53 18941 02/14/2022 Sanitation Enterprise Accounts Payable FANNIE MITCHELL 1.78 Check Total: 34.15
18942 02/14/2022 Water Enterprise Fund Accounts Payable GINA VANESSA MOLINARI 25.30 18942 02/14/2022 Sewer Enterprise Fund Accounts Payable GINA VANESSA MOLINARI 32.44 18942 02/14/2022 Sanitation Enterprise Accounts Payable GINA VANESSA MOLINARI 3.71 18942 02/14/2022 Sanitation Enterprise Accounts Payable GINA VANESSA MOLINARI 11.90 Check Total: 73.35
18943 02/14/2022 General Fund Accounts Payable DOMINIC MONTALBANO 2.00 18943 02/14/2022 Water Enterprise Fund Accounts Payable DOMINIC MONTALBANO 21.80 18943 02/14/2022 Sewer Enterprise Fund Accounts Payable DOMINIC MONTALBANO 24.47 18943 02/14/2022 Sanitation Enterprise Accounts Payable DOMINIC MONTALBANO 8.98 18943 02/14/2022 Sanitation Enterprise Accounts Payable DOMINIC MONTALBANO 2.80 Check Total: 60.05
18944 02/14/2022 Water Enterprise Fund Accounts Payable SAMANTHA MONTOYA 62.26 Check Total: 62.26
18945 02/14/2022 Internal Service Fund Professional Services MUNICIPAL MAINTENANCE EQUIP. 5,510.00 AP-Checks for Approval (2/9/2022 - 2: 16 PM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18945 02/14/2022 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIP. 5,297.23 ---
Check Total: 10,807.23
18946 02/14/2022 General Fund Professional Services MUNICODE 428.40 Check Total: 428.40
18947 02/14/2022 General Fund Professional Services MUNISERVICES LLC 500.00 18947 02/14/2022 General Fund Professional Services MUNISERVICES LLC 86.52 Check Total: 586.52
18948 02/14/2022 Gas Tax/Street Improvement Professional Services MV CONSTRUCTION 16,350.00 ---
Check Total: 16,350.00
18949 02/14/2022 Risk Management Fund Professional Services NATION & BADILLA INVESTIGATIONS 900.00 e Check Total: 900.00
02/14/2022 Water Enterprise Fund Machinery & Equipment NATIONAL FLEET GROUP 172,241.40 Check Total: 172,241.40
18951 02/14/2022 General Fund Memberships & Subscriptions NATIONAL ASSOCIATION OF TOWN WATCH N. 35.00 18952 02/14/2022 General Fund Special Departmental Expense OCCUTEST Check Total:
16 35
5. .
0 0
0 0 -
18952 02/14/2022 General Fund Special Departmental Expense OCCUTEST 395.00 18952 02/14/2022 Water Enterprise Fund Professional Services OCCUTEST 50.00 18952 02/14/2022 Internal Service Fund Professional Services OCCUTEST 50.00 Check Total: 660.00
18953 02/14/2022 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 19.47 18953 02/14/2022 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 20.56 18953 02/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 25.16 18953 02/14/2022 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 27.57 18953 02/14/2022 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 8.65 18953 02/14/2022 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 25.96 18953 02/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 7.57 18953 02/14/2022 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 9.73 18953 02/14/2022 General Fund Special Departmental Expense O'REILLY AUTO PARTS 12.97 18953 02/14/2022 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 51.95 18953 02/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 17.35 18953 02/14/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 81.74 18953 02/14/2022 General Fund Small Tools O'REILLY AUTO PARTS 54.11 18953 02/14/2022 General Fund Special Departmental Expense O'REILLY AUTO PARTS 7.70 AP-Checks for Approval (2/9/2022 - 2:16 PM) Page 11
C
heck Number Check Date Fund Name
Account Name
Vendor Name
Void Amount
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
54.93 18953 02/14/2022 Sewer Enterprise Fund
Special Departmental Expense
O'REILLY AUTO PARTS
28.11 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
1,293.44
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
-598.88
18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
17.96 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
23.80 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
310.04
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
28.74 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
155.02
18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
8.58 18953
02/14/2022 Internal Service Fund
Small Tools
O'REILLY AUTO PARTS
34.63 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
95.11 18953
02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
154.17
18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
143.69
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
9.18 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
25.66 18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
585.38
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
25.44 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
-219.13
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
115.22
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
401.48
18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
403.42
18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
17.68 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
324.78
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
311.15
18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
52.60 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
125.68
18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS 22.60
18953 02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
-396.67
18953 02/14/2022
Sewer Enterprise Fund
Special Departmental Expense
O'REILLY AUTO PARTS
86.48 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS I
61.68 18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
371.71
18953 02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
-22.00
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
27.51 18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
75.62 18953 02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
164.63
18953 02/14/2022
Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
38.79 18953
02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
136.48
18953 02/14/2022 Internal Service Fund
Operations & Maintenance
O'REILLY AUTO PARTS
8.01 18953 02/14/2022
Internal Service Fund Special Departmental Expense
O'REILLY AUTO PARTS
23.80 18953 02/14/2022
Internal Service Fund Operations & Maintenance
O'REILLY AUTO PARTS 223.60
18953 02/14/2022
Internal Service Fund
Operations & Maintenance O'REILLY AUTO PARTS
110.35
18953 02/14/2022 Internal Service Fund
Operations & Maintenance O'REILLY AUTO PARTS -370.94
18953 02/14/2022 Internal Service Fund
Operations & Maintenance O'REILLY AUTO PARTS
-43.30
AP-Checks for Approval (2/9/2022 - 2: 16 PM)
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18953 02/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -22.00 18953 02/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 21.09 18953 02/14/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 40.03 18953 02/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 16.21 18953 02/14/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 105.18 18953 02/14/2022 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 9.73 18953 02/14/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 24.85 Check Total: 5,111.8 I
18954 02/14/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 2,409.12 18954 02/14/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 391.71 18954 02/14/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 3,192.94 18954 02/14/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 1,196.65 18954 02/14/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 27.04 18954 02/14/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 15,328.67 18954 02/14/2022 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 620.70 18954 02/14/2022 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 104.89 18954 02/14/2022 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 73.37 18954 02/14/2022 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 10.38 18954 02/14/2022 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 34.48 18954 02/14/2022 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 11.40 18954 02/14/2022 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 286.17 18954 02/14/2022 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 139.37 18954 02/14/2022 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 753.45 18954 02/14/2022 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 18.70 18954 02/14/2022 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 16.62 18954 02/14/2022 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 14.00 18954 02/14/2022 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 470.11 18954 02/14/2022 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 45.21 18954 02/14/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 32,113.47 18954 02/14/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 3,342.31 18954 02/14/2022 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 5,838.55 Check Total: 66,439.31
18955 02/14/2022 Water Enterprise Fund Accounts Payable ISRAEL PALACIOS 147.73 18955 02/14/2022 Sewer Enterprise Fund Accounts Payable ISRAEL PALACIOS 4.45 18955 02/14/2022 Sanitation Enterprise Accounts Payable ISRAEL PALACIOS 0.51 18955 02/14/2022 Sanitation Enterprise Accounts Payable ISRAEL PALACIOS 1.63 Check Total: 154.32 -
18956 02/14/2022 Water Enterprise Fund Accounts Payable CAROLINE PALMA 29.28 Check Total: 29.28
AP-Checks for Approval (2/9/2022 - 2: 16 PM) Page 13
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18957 02/14/2022 Water Enterprise Fund Accounts Payable CARRIE PITCOCK 290.15 18957 02/14/2022 Sewer Enterprise Fund Accounts Payable CARRIE PITCOCK 175.52 18957 02/14/2022 Sanitation Enterprise Accounts Payable CARRIE PITCOCK 64.39 18957 02/14/2022 Sanitation Enterprise Accounts Payable CARRIE PITCOCK 20.06 Check Total: 550.12
18958 02/14/2022 General Fund Professional Services PRECISION CIVIL ENGINEERING 190.00 -
Check Total: 190.00
18959 02/14/2022 General Fund Capital Phase 3 Ped Imp Proj Downtown PRECISION ENGINEERING, INC. 2,786.48 18959 02/14/2022 Measure V 20% AlternativeModes Phase 3 Ped Imp Proj Downtown PRECISION ENGINEERING, INC. 361.02 Check Total: 3,147.50
18960 02/14/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 259.86 18960 02/14/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 32.20 18960 02/14/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 2.98 18960 02/14/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 2.44 18960 02/14/2022 Sewer Enterprise Fund Special Departmental Expense PRESTON'S LOCK & KEY 27.50 Check Total: 324.98
,,.,..
18961 02/14/2022 SB I-Road Maint & Rehab RMRA Broadway Traffic Retasking QUAD KNOPF 210.50 Check Total: 210.50
18962 02/14/2022 General Fund Office Supplies QUADIENT FINANCE USA, INC. 1,000.00 Check Total: 1,000.00
18963 02/14/2022 Water Enterprise Fund Accounts Payable MARGARET & PEDRO RAMIREZ 52.61 18963 02/14/2022 Sewer Enterprise Fund Accounts Payable MARGARET & PEDRO RAMIREZ 66.72 18963 02/14/2022 Sanitation Enterprise Accounts Payable MARGARET & PEDRO RAMIREZ 24.48 18963 02/14/2022 Sanitation Enterprise Accounts Payable MARGARET & PEDRO RAMIREZ 7.63 Check Total: 151.44
18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 326.70 18964 02/14/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 227.30 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 33.19 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 344.56 18964 02/14/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 131.11 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 45.25 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 31.10 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 522.25 AP-Checks for Approval (2/9/2022 - 2: 16 PM) Page 14
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18964 02/14/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 344.87 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 347.10 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 173.74 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 34.23 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 26.67 18964 02/14/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 591.01 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 174.11 18964 02/14/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 24.36 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 393.40 18964 02/14/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 1,049.27 18964 02/14/2022 General Fund Rents & Leases RAY MORGAN COMPANY 278.69 18964 02/14/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 21.34 18964 02/14/2022 Water Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 18964 02/14/2022 Water Enterprise Fund Operations & Maintenance RAY MORGAN COMPANY 71.99 18964 02/14/2022 Sewer Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 Check Total: 5,491.74
18965 02/14/2022 Measure V Regional Fund Project Retention ROLFE CONSTRUCTION -348.68 18965 02/14/2022 Measure V Regional Fund Winton Way Road Improvements ROLFE CONSTRUCTION 6,973.60 ---
Check Total: 6,624.92
18966 02/14/2022 General Fund Office Supplies SAFEGUARD BUSINESS SYSTEMS 146.85 Check Total: 146.85
18967 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 505.58 Check Total: 505.58
18968 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK HOLDING, INC. 1,110.03 18968 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK HOLDING, INC. 1,250.00 18968 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK HOLDING, INC. 380.11 18968 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK HOLDING, INC. 319.86 Check Total: 3,060.00 -
18969 02/14/2022 Internal Service Fund Professional Services SERVICEMASTER/MELIN ENTERPRISES 306.23 Check Total: 306.23
18970 02/14/2022 Water Enterprise Fund Special Departmental Expense SHANNON PUMP CO. 7,240.77 18970 02/14/2022 Water Enterprise Fund Professional Services SHANNON PUMP CO. 1,225.00 18970 02/14/2022 Water Enterprise Fund Professional Services SHANNON PUMP CO. 292.50 Check Total: 8,758.27 --
18971 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 116.49 AP-Checks for Approval (2/9/2022 - 2:16 PM) Page 15
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 116.49
18972 02/14/2022 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 2,863.87 ---
Check Total: 2,863.87
18973 02/14/2022 Gas Tax/Street Improvement Special Departmental Expense SIERRA AIRLESS 436.87 Check Total: 436.87
18974 02/14/2022 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRJC 4,266.50 ---
Check Total: 4,266.50
18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 192.38 18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 44.78 18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 99.70 18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 36.59 18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 121.20 18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 12.25 18975 02/14/2022 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 43.28 18975 02/14/2022 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 66.05 18975 02/14/2022 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 65.44 18975 02/14/2022 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 23.21 18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 102.99 18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 136.37 18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 52.72 18975 02/14/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 4.87 Check Total: 1,001.83 .--
18976 02/14/2022 Water Enterprise Fund Accounts Payable TRAVIS STROMNES 33.86 18976 02/14/2022 Sewer Enterprise Fund Accounts Payable TRAVIS STROMNES 38.00 Check Total: 71.86
18977 02/14/2022 General Fund Professional Sen, ices SUNBELT RENTALS 1,601.92 18977 02/14/2022 General Fund Special Departmental Expense SUNBELT RENTALS 673.48 18977 02/14/2022 Internal Service Fund Professional Services SUNBELT RENTALS 673.48 18977 02/14/2022 Sewer Enterprise Fund Special Departmental Expense SUNBELT RENTALS 108.09 Check Total: 3,056.97
18978 02/14/2022 Water Enterprise Fund Special Departmental Expense· SUPERIOR POOL PRODUCTS LLC 968.35 18978 02/14/2022 Water Enterprise Fund Special Departmental Expense, SUPERJOR POOL PRODUCTS LLC 972.84 Check Total: 1,941.19
18979 02/14/2022 Water Enterprise Fund Special Departmental Expense: SYAR INDUSTRIES, INC 1,173.59 AP-Checks for Approval (2/9/2022 - 2: 16 PM) Page 16
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 18979 02/14/2022 Sewer Enterprise Fund Special Departmental Expense SYAR INDUSTRIES, INC 1,173.59 ---
Check Total: 2,347.18
18980 02/14/2022 General Fund Professional Services TAKIN TOWING 250.00 Check Total: 250.00
18981 02/14/2022 Water Fund Capital Replacement Water Tower Painting TECHNO COATINGS, INC. 130,449.25 ---
Check Total: 130,449.25
18982 02/14/2022 Public Safety Trans & Use Tax Professional Services THE LEW EDWARDS GROUP 6,000.00 ---
Check Total: 6,000.00
18983 02/14/2022 Water Enterprise Fund Accounts Payable ANNE THOMPSON 4.08 18983 02/14/2022 Sewer Enterprise Fund Accounts Payable ANNE THOMPSON 6.01 18983 02/14/2022 Sanitation Enterprise Accounts Payable ANNE THOMPSON 5.74 Check Total: 15.83
18984 02/14/2022 Water Enterprise Fund Accounts Payable TOP MANAGEMENT & DISTRIBUTION INC 278.38 Check Total: 278.38
18985 02/14/2022 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 5,171.07 ---
Check Total: 5,171.07
18986 02/14/2022 Internal Service Fund Professional Services TRANE U.S. INC. 1,329.00 ---
Check Total: 1,329.00
18987 02/14/2022 Internal Service Fund Operations & Maintenance TURF STAR, INC. 1,319.76 18987 02/14/2022 Internal Service Fund Operations & Maintenance TURF STAR, INC. 481.55 Check Total: 1,801.3 I
18988 02/14/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 161.08 18988 02/14/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 976.37 Check Total: 1,137.45 --
18989 02/14/2022 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,800.00 Check Total: 1,800.00
18990 02/14/2022 Internal Service Fund Operations & Maintenance VAN DE POL 13,929.78 18990 02/14/2022 Internal Service Fund Operations & Maintenance VAN DE POL 8,940.66 18990 02/14/2022 Internal Service Fund Operations & Maintenance VAN DE POL 1,210.82 AP-Checks for Approval (2/9/2022 - 2: 16 PM) Page 17
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 24,081.26
18991 02/14/2022 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATINC 161,693.63 Check Total: 161,693.63
18992 02/14/2022 General Fund Communications VERIZON WIRELESS 560.14 Check Total: 560.14
18993 02/14/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,010.85 18993 02/14/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,379.32 18993 02/14/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 453.95 Check Total: 2,844.12 ,...,.-
18994 02/14/2022 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 10.83 Check Total: 10.83
18995 02/14/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 13.74 Check Total: 13.74 ,..-
18996 02/14/2022 Internal Service Fund Utilities WEST COAST GAS CO. INC. 32.28 Check Total: 32.28 ,-
18997 02/14/2022 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 39.07 Check Total: 39.07
18998 02/14/2022 General Fund Special Departmental Expense WORK WELLNESS 504.00 Check Total: 504.00 ,....--
18999 02/14/2022 Water Enterprise Fund Accounts Payable ROBERT ZAPF 14.03 18999 02/14/2022 Sewer Enterprise Fund Accounts Payable ROBERT ZAPF 17.79 18999 02/14/2022 Sanitation Enterprise Accounts Payable ROBERT ZAPF 6.53 18999 02/14/2022 Sanitation Enterprise Accounts Payable ROBERT ZAPF 2.03 Check Total: 40.38
Report Total: 2,164,208.75
AP-Checks for Approval (2/9/2022 - 2: 16 PM) Page 18
STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BY FUND
AS OF 12/31/2021
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 4,639,214.75 1,789,225.10 1,809,369.28 4,619,070.57 0003 General Fund Capital 656,740.88 191,435.06 10,472.23 837,703.71 0004 Public Safety Trans & Use Tax 1,058,661.92 211,911.00 196,737.53 1,073,835.39 0005 Ferrari Ranch Project Fund 21,062.00 18.26 0.00 21,080.26 0007 Measure V Fund 2,736,423.96 80,392.28 0.00 2,816,816.24 0008 Measure V 20% Alternative Modes 418,432.24 19,865.38 2,645.55 435,652.07 0009 Abandoned Veh Abatement Fund (5,637.76) 0.00 3,630.88 (9,268.64) 0010 Measure V Regional Fund (271,629.50) 0.00 180.00 (271,809.50) 1005 Police Grants Fund 86,239.18 70.67 4,745.41 81,564.44 1010 ARPA-American Rescue Plan Act 3,535,571.00 3,065.99 0.00 3,538,636.99 1011 Gas Tax/Street Improvement 161,849.42 56,278.52 84,048.79 134,079.15 1013 Local Transportation Fund 584,730.99 33,352.20 0.00 618,083.19 1015 Traffic Circulation Fund 1,442,199.73 5,975.74 0.00 1,448,175.47 1016 Applegate Interchange 767,997.13 665.99 0.00 768,663.12 1017 RSTP-Regional Surface Transp Prog 2,320,483.02 2,012.28 0.00 2,322,495.30 1018 SB1-Road Maint & Rehab RMRA 1,705,322.73 52,367.19 11,721.50 1,745,968.42 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,335,596.02 4,409.46 0.00 2,340,005.48 1040 General Plan Update-Housing Element 0.00 0.00 0.00 0.00 1041 General Plan Update Fund 350,000.52 303.51 0.00 350,304.03 1050 Buhach Colony High School 230,823.21 200.16 0.00 231,023.37 1055 Neighborhood Stabilization 220,298.85 191.04 0.00 220,489.89 1059-78 Housing Grant Funds 610,738.31 . 50,333.76 0.00 661,072.07 1091 Police Facility Impact Fee 203,123.86 1,378.18 0.00 204,502.04 3064-67 Redevelopment/Successor Agency Funds 1,719,029.50 2,800.24 7,355.50 1,714,474.24 4020 Performance Bond Trust 219,002.70 189.91 0.00 219,192.61 4030 Narcotics Program Trust 2,068.46 1.79 0.00 2,070.25 4060 Section 125 Medical 2,157.92 124.00 1,399.42 882.50 4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00
4080 Pension Rate Stblztn 115 Trust 226,128.94 5,183.81 0.00 231,312.75
STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BY FUND
AS OF 12/31/2021
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
4090 CFD No. 1 Trust 130,624.75 113.27 0.00 130,738.02
5001-55 All Maintenance Districts 1,490,324.61 1,285.22 67,111.45 1,424,498.38 5050 CFD Districts (226,859.63) 0.00 46,533.07 (273,392.70) 6000 Water Enterprise Fund 6,842,632.04 593,096.51 594,749.82 6,840,978.73 6001 Water Fund Capital Replacement 3,572,154.65 3,015.40 94,918.88 3,480,251.17 6002 DBCP Settlement 20,514.98 17.79 0.00 20,532.77
6004 Water Well- Buhach Colony 183,342.18 158.99 0.00 183,501.17 6005 Water Capital Impact Fees 2,396,278.00 54,427.87 0.00 2,450,705.87 6006 Water Operating Reserve Fund 179,774.04 155.89 0.00 179,929.93 6007 1,2,3-TCP Fund 21,370,964.50 17,145.92 1,599,051.82 19,789,058.60 6010 Sewer Enterprise Fund 16,795,848.66 862,483.01 1,226,437.45 16,431,894.22 6011 Sewer Fund Capital Replacement 3,486,628.08 30,083.59 0.00 3,516,711.67 6020 Sanitation Enterprise 2,469,931.00 370,804.29 243,113.65 2,597,621.64 7000 Internal Service Fund 335,350.98 368,835.87 116,005.34 588,181.51 7001 ISF Equipment/Bldg Replacement 0.00 0.00 0.00 0.00 7010 Employee Benefits Fund 648,624.28 183,437.16 65,767.63 766,293.81 7020 Risk Management 290,179.94 328,907.07 6,453.00 612,634.01 7030 Information Technology 204,165.36 193,071.14 54,859.23 342,377.27 9090 Accrued Interest Fund 73,651.58 1,142.00 74,793.58 0.00 TOTAL 86,682,183.15 5,523,203.55 6,322,101.01 85,883,285.69 /J
Prepared by: g.,;,_, &L?lj'tC
/ Ricardo Orozco, Accountant I
Approved by:~
Mark Borba, City Treasurer
Statement of Changes in Cash Balan~e
by Bank
As of 12/31/2021
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
1,142,783.00
1,251,314.73
5,767,253.92
2,878.72
22,960,042.18
226,128.94
86,882,183.15
Prepared by
/
~
Ricardo Oroz
u
co, Ac
~
countant I
1,142.00
5,516,852.72
25.02 500,000.00
5,434,915.41
370,842.20
16,343.40
5,183.81
55,031,781.66
1,143,925.00
1,333,252.04
5,396,411.72
2,903.74
22,943,698.78
231,312.75
5,523,203.55 6,322,101.01 85,883,285.69
~~~---3_
Approved by:_-=--" .:> '---=----------
Mark Borba, City Treasurer
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.
The City of Atwater has the ability to meet its pooled expenditure requirements for the next six months.
City LAIF
Chandler Asset Mgt.
US Bank/Chandler Asset Mgt.
PARS Post-Employment Benefits Trust
55,031,781.66
1,143,925.00
22,943,698.78
231,312.75
Bank Account Detail
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
923,131.26
5,396,411.72
2,903.74
CITY COUNCIL
ACTION MINUTES
January 24, 2022
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:03 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: City Council Members Ambriz (via teleconference), Button, Raymond (5:04 PM), Mayor Pro Tem Cale, Mayor Creighton
Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Deputy City Clerk Martin
CLOSED SESSION: (Conference Room A)
Mayor Creighton invited public comment on Closed Session items.
No one came forward to speak.
Mayor Creighton adjourned the meeting to Conference Room A for Closed Session at 5:04 PM. Closed Session was called to order at 5:10 PM.
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-CV01712-DAD-SKO
CITY OF ATWATER
Minutes
City Council Meeting Action Minutes for January 24, 2022 Page 2 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 Location: 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) Closed Session adjourned at 5:57 PM.
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:04 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 Merced County District 3 Supervisor McDaniel.
INVOCATION:
The Invocation was led by Pastor Rich Miller.
ROLL CALL:
Present: City Council Members Ambriz (via teleconference), Button, Raymond, Mayor Pro Tem Cale, Mayor Creighton
Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Deputy City Manager Del Real (via teleconference), CAL FIRE Battalion Chief Ayuso, Police Chief Salvador, Public Works/Community Development Director Thompson, Information Technology
Manager Lamerson (via teleconference), Deputy City Clerk Martin
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported that the City Council was provided direction and no reportable action was taken. The Closed Session agenda was completed.
SUBSEQUENT NEED ITEMS: None
City Council Meeting Action Minutes for January 24, 2022 Page 3 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: Ambriz, Button, Cale, Raymond, Creighton; Noes: None; Absent:
None. The motion passed.
CEREMONIAL MATTERS:
Oath of Office – Police Officer
City Council Member Button administered the oath of office to the newly appointed Police Officer Matthew Bowen.
Oath of Office – Public Safety Dispatcher Trainee
City Council Member Button administered the oath of office to the newly appointed Public Safety Dispatcher Trainee Crystal Herrera.
Mayor Creighton called a recess at 6:18 PM.
The City Council returned to the dais and Mayor Creighton resumed the meeting at 6:25 PM.
PRESENTATIONS:
Monthly report by Merced County District 3 Supervisor McDaniel Merced County District 3 Supervisor McDaniel reported the following:
Raul Mendez has been designated as the new County Executive Officer for Merced County.
CONSENT CALENDAR:
MOTION: City Council Member Raymond moved to approve the Consent Calendar as listed. The motion was seconded by City Council Member Button and the vote was: Ayes: Button, Raymond, Ambriz, Cale, Creighton; Noes: None;
Absent: None. The motion passed.
WARRANTS:
1. January 24, 2022
ACTION: Approval of warrants as listed.
City Council Meeting Action Minutes for January 24, 2022 Page 4 TREASURER’S REPORT:
2. November 30, 2021
ACTION: Approval of report as listed.
MINUTES: (City Council)
3. a) January 10, 2022 – Special meeting
b) January 10, 2022 – Regular meeting
ACTION: Approval of minutes as listed.
MINUTES: (Planning Commission)
4. November 17, 2021 – Regular meeting
ACTION: 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)
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.
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)
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.
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)
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.
City Council Meeting Action Minutes for 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)
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.
9. Authorizing Submittal of Grant Application to California Department of Transportation for Clean California Local Grant Program (Public Works/Community Development Director Thompson)
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.
10. Approving Agreement affecting Real Property and Outside Service Agreement for Water Service with Clay and Sherry Berlier (Public Works/Community Development Director Thompson)
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.
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)
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
REPORTS AND PRESENTATIONS FROM STAFF:
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)
City Council Meeting Action Minutes for January 24, 2022 Page 6 Public Works/Community Development Director Thompson provided background information on the item.
MOTION: City Council Member Raymond moved 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.
The motion was seconded by Mayor Creighton and the vote was: Ayes: Raymond, Cale, Button, Ambriz, Creighton; Noes: None; Absent: None. The motion passed.
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)
Public Works/Community Development Director Thompson provided background information on the item.
MOTION: Mayor Pro Tem Cale moved 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. The motion was seconded by City Council Member Raymond and the vote was: Ayes:
Cale, Ambriz, Button, Raymond, Creighton; Noes: None; Absent: None. The motion passed.
CITY MANAGER REPORTS/UPDATES:
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 provided background information on the item.
City Council Member Raymond stated that the American Rescue Plan Act funds need to be given back to the public and those who were most affected by the COVID-19 pandemic. He also spoke regarding his concerns of the American Rescue Plan Act Priority Projects list and the expenditure of funds towards different projects.
Mayor Creighton agreed with City Council Member Raymond regarding the need of American Rescue Plan Act funds to be given back to the public.
City Council Member Button asked for clarification regarding the prioritization of the American Rescue Plan Act Priority Projects list. He also spoke regarding his concerns of future revenue expectations and future amendments to the Priority Projects list to assist different areas of the community, such as daycares.
City Council Meeting Action Minutes for January 24, 2022 Page 7 Mayor Pro Tem Cale stated that the American Rescue Plan Act Priority Projects list needs to be further discussed to establish which projects need to be completed first.
City Manager Waterman, City Attorney Splendorio, and Finance Director Youmara addressed the City Council’s concerns.
City Attorney Splendorio clarified the City Council’s options and explained that instead of staff’s recommendation to categorize the American Rescue Plan Act Revenue in the amount of $7,071,141 as “Lost Revenue,” the City Council can categorize half of the revenue, $3,535,571, as “Lost Revenue” for Public Works Projects. He also explained that “Lost Revenue” is not discretionary and can only be spent on items as defined by the U.S. Department of Treasury’s Final Rule.
MOTION: Mayor Pro Tem Cale moved to categorize all ARPA Revenue in the amount of $3,535,571.00 as “Lost Revenue” as defined by the U.S. Department of Treasury’s Final Rule. The motion was seconded by Mayor Creighton and the vote was: Ayes: Raymond, Button, Ambriz, Cale, Creighton; Noes: None; Absent:
None. The motion passed.
MOTION: Mayor Creighton moved to establish and approve a list of ARPA Priorities. The motion was seconded by City Council Member Button and the vote was: Ayes: Cale, Button, Ambriz, Creighton; Noes: Raymond; Absent: None. The motion passed.
MOTION: Mayor Pro Tem Cale moved 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 the American Rescue Plan Act. The motion was seconded by Mayor Creighton and the vote was: Ayes: Button, Ambriz, Cale, Creighton; Noes: Raymond; Absent:
None. The motion passed.
No further motion was made for consideration.
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
One person thanked the City Council for their time in discussing and considering agenda item #14 under City Manager Reports/Updates, “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” as it is important for public transparency. They also spoke regarding mental health issues amongst the youth, and the need to invest towards parks and recreation within the City for the youth.
City Council Meeting Action Minutes for January 24, 2022 Page 8 No one else came forward to speak.
CITY COUNCIL MATTERS:
City Council comments
City Council Member Button spoke regarding his appreciation for the City Council and their time in discussing agenda item #14 under City Manager Reports/Updates, “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.” He also spoke in opposition of a bill that would mandate the COVID-19 vaccine for all California school-aged children and encouraged the community to reach out to local representatives to voice their opinions.
Mayor Pro Tem Cale spoke in opposition against companies enforcing COVID-19 vaccination mandates for employees and agreed with City Council Member Button’s sentiments opposing a bill that would mandate the COVID-19 vaccine for all California school-aged children. He congratulated newly appointed Police Officer Matthew Bowen and Public Safety Dispatcher Trainee Crystal Herrera and spoke regarding the success of the Razzari Ice-Skating Rink hosted by Old Town Atwater. He also thanked the members of Old Town Atwater, Brad Kessler, Adam Reed, Junior Silva, Jason Hoogenhous, and all those who worked and contributed to the Razzari Ice-Skating Rink.
Mayor Creighton had nothing to report.
City Council Member Raymond thanked former Planning Commissioner Shari Mead for her years of service on the City’s Planning Commission.
City Council Member Ambriz thanked and expressed his appreciation to all who reached out to him and his family regarding the recent passing of his father-in law.
ADJOURNMENT:
Mayor Creighton adjourned the meeting at 7:24 PM.
________________________________
JANELL MARTIN
DEPUTY CITY CLERK
By: Leslie Thuang
Recording Secretary
SPECIAL MEETING
CITY COUNCIL
ACTION MINUTES
January 31, 2022
CALL TO ORDER:
The City Council of the City of Atwater met in Special Session this date at 5:00 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 February 14, 2022.
ROLL CALL:
Present: City Council Members Ambriz, Button (via teleconference), Raymond (via teleconference), Mayor Pro Tem Cale (via
teleconference), Mayor Creighton
Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Public Works/Community Development Director Thompson, Deputy
City Clerk Martin
PUBLIC COMMENT:
Notice to the public was read.
No one came forward to speak.
CITY OF ATWATER
Minutes
City Council Special Meeting Action Minutes for January 31, 2022 Page 2 CLOSED SESSION: (Conference Room A)
Mayor Creighton adjourned the meeting to Conference Room A for Closed Session at 5:04 PM. Closed Session was called to order at 5:07 PM.
Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator regarding property acquisition. Agency Negotiator: City Manager Waterman.
Property Owner Negotiator: Maria Sanjuana Hidalgo, Allisa Marie Moreno, Macrin Valencia, Estate of Heirs of Warren D. White, and Luis A. Vazquez Property Locations: APN 001-073-004-000
APN 002-033-005-000
APN 002-142-014-000
APN 003-092-001-000
APN 150-081-004-000
Closed Session adjourned at 5:47 PM.
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported that the City Council was provided direction and no reportable action was taken. The Closed Session agenda was completed.
ADJOURNMENT:
Mayor Creighton adjourned the Special Meeting at 5:49 PM. _________________________________
JANELL MARTIN,
DEPUTY CITY CLERK
By: Leslie Thuang
Recording Secretary
CITY COUNCIL
AGENDA REPORT
MEETING DATE: February 14, 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. 3292-22 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. 3292-22 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. 3292-22
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. 3292-22 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. 3292-22 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 14th day of February 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.
BOARD OF DIRECTORS
AGENDA REPORT
MEETING DATE: February 14, 2022
TO: Chair and Board of Directors of the Atwater Housing Successor Agency
FROM: Greg Thompson, Community Development Director
PREPARED BY: Julia Coronado
SUBJECT: Approving Budget Amendment allocating funding for Affordable Housing Consulting Services and Approving
Professional Services Agreement with RSG, Inc. for SB 341 Annual Reports (Public Works/Community Development Director Thompson)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. HSA 2022-1 approving Budget Amendment No. 23 amending Fiscal Year 2021-22 Budget to allocate funding for Affordable Housing Consulting Services with RSG, Inc. in an amount not to exceed $5,000; approves a Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc. for SB 341 Annual Reports; and authorizes and directs the City Manager, or her designee, to execute the Professional Services Agreement on behalf of the City.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
Pursuant to the dissolution of redevelopment agencies, including the Atwater Redevelopment Agency (“Redevelopment Agency”), per Assembly Bill (“AB”)x1 26 and subsequent legislation, AB 1484 and Senate Bill (“SB”) 107 (altogether, “Dissolution Act”), the City of Atwater (“City”) elected to serve as Housing Successor Agency to the former Redevelopment Agency (“Housing Successor Agency”) during the wind-down of the Redevelopment Agency’s activities.
The Housing Successor Agency is required to manage the affordable housing assets of the former Redevelopment Agency and to submit annual reports detailing assets owned, funds expended, and compliance with certain provisions of the Dissolution Act relating to affordable housing. The complexities and requirements of the Dissolution Act and the limited budget of the City make it difficult for the City to manage the duties and responsibilities of the Housing Successor Agency single-handedly. RSG, Inc.
BOARD OF DIRECTORS
Paul Creighton, Chair
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
(“RSG”), which has helped the City to fulfill its non-housing Dissolution Act obligations as the Successor Agency to the former Redevelopment Agency (“Successor Agency”), has therefore submitted a proposal to prepare the Housing Successor Agency Annual Report (“SB 341”) for Fiscal Years 2020-21 and 2021-22.
ANALYSIS:
RSG would assist primarily with tasks that the Housing Successor Agency is required to complete.
Prepare the Housing Successor Agency Annual Report (“Report”) for Fiscal Years 2020-21 and 2021-22.
SB 341 and AB 1793 created new annual reporting requirements in 2014 and 2015 for successor housing agencies. The City must prepare an annual report that details compliance with expenditure limitations, describes property disposition efforts, provides an inventory of homeownership units, and other items. The Report is due by April 1 annually with the City’s Housing Element Annual Progress Report.
RSG has already prepared the Report for FY 2019-20. The Report integrated financial data provided by City staff, including data about the balance, deposits, and expenditures pertaining to the Low and Moderate Income Housing Asset Fund (“LMIHAF”). The Report also included information about assets reported on the City’s Housing Assets Transfer form. Assets transferred to the Housing Successor Agency include real property, affordability covenants, loans and grants, and rents.
II. FISCAL IMPACTS:
RSG’s proposal has a not-to-exceed budget of $5,000 per report, for a total not to exceed budget of $10,000. Sufficient funding is available in the Low and Moderate Income Housing Asset Fund Account No. 3065-4017-3030 upon the approval of Budget Amendment No. 23. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item was 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
Agenda Report - Page 3
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all internal departments.
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:
Following City Council approval, the City Manager, or her designee, will execute the Agreement, and the Office of the City Clerk will route the executed Agreement to RSG, Inc. The Finance Department will book the Budget Amendment expense.
Submitted by:
Greg Thompson, Public Works/Community Development Director Approved by:
Lori Waterman, Executive Director
Attachments:
1. Resolution No. HSA 2022-1 Approves Budget Amendment No. 24 RE Affordable Housing Consulting Services
2. Professional Services Agreement - RSG, Inc. Affordable Housing Consulting Services, SB 341 Annual Reports
HOUSING SUCCESSOR
AGENCY TO THE ATWATER
REDEVELOPMENT AGENCY
RESOLUTION NO. HSA 2022-1
A RESOLUTION OF THE CITY OF ATWATER AS
HOUSING SUCCESSOR AGENCY TO THE
ATWATER REDEVELOPMENT AGENCY
APPROVING BUDGET AMENDMENT NO. 24
AMENDING FISCAL YEAR 2021-22 BUDGET TO
ALLOCATE FUNDING FOR AFFORDABLE
HOUSING CONSULTING SERVICES
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3224-21 adopting the Fiscal Year 2021-22 Budget on June 14, 2021; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Atwater Housing Successor Agency does hereby approve Budget Amendment No. 24 to the Fiscal Year 2021-22 Budget as follows:
SECTION 1: Increasing budget in Low and Moderate Income Housing Asset Fund, Professional Services expense account for Fiscal Year 2021-22.
Increase Budget
(Expense)
3065-4017-3030 Professional Services $5,000.00
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.
The foregoing resolution is hereby adopted this 14th day of February 2022.
AYES:
NOES:
ABSENT:
Resolution No. HSA 2022-1 Page 2
APPROVED:
_______________________________
PAUL CREIGHTON, BOARD CHAIR
ATTEST:
_________________________________
LUCY ARMSTRONG, BOARD CLERK
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 1 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND
RSG, Inc.
THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and RSG, Inc., a California corporation, (“Professional”) as of February 14, 2022 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2023, the date of completion specified in Exhibit A. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.
1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing.
1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 2 of 16 Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed Ten Thousand Dollars ($10,000.00), notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
The Professional’s signature; and
Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 3 of 16
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, and shall not exceed Cost plus 10%. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 4 of 16 City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than TWO MILLION DOLLARS ($2,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 5 of 16
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 6 of 16 d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 7 of 16
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.6Waiver of Subrogation. Professional hereby agrees to waive subrogration which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.
4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 8 of 16 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.
5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 9 of 16 under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.
Section 6. STATUS OF PROFESSIONAL.
6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee to become eligible for a claim for PERS benefits.
6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 10 of 16
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.
7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.
Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.
Professional may cancel this Agreement upon 30 days’ prior written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 11 of 16
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.
Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.
8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement. City shall not in any manner be liable for Professional’s actual or projected lost profits had Professional completed the services required by this Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;
8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or
8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 12 of 16 Section 9.Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.
Section 10.KEEPING AND STATUS OF RECORDS.
10.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
10.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.
10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 11.MISCELLANEOUS PROVISIONS.
11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 13 of 16 other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced or in the United States District Court, Eastern District of California.
11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
11.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
11.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.
Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.
Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement.
Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 14 of 16
11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
11.9 Contract Administration. This Agreement shall be administered by City Manager Waterman ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
11.10 Notices. Any written notice to Professional shall be sent to:
RSG, Inc.
Tara E. Matthews, Principal
17872 Gillette Avenue, Suite 350
Irvine, CA 92614
[email protected]
Any written notice to City shall be sent to:
City of Atwater
Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301
11.11 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
11.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the fee schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.
11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
11.14 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 15 of 16
11.15 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.
11.16 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
11.17 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]
Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc. for Affordable Housing Consulting Services – SB 341 Annual Reports Page 16 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Tara E. Matthews, Principal RSG, Inc.
Attest:
____________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney
Exhibit A to Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc for Affordable Housing Consulting Services – SB 341 Annual Report Page 1 of 2
EXHIBIT A
SCOPE OF WORK
RSG, Inc. (“RSG”) is pleased to present this proposal to the City of Atwater (“City”) to provide the following reporting services pursuant to Senate Bill 341, Assembly Bill 1793, and related legislation:
1. Prepare the Housing Successor Agency Annual Report (“SB 341 Report”) for Fiscal Years 2020-21 and 2021-22.
The City serves as the Housing Successor Agency to the former Atwater Redevelopment Agency (“Housing Successor”) and must complete the above component as a legal requirement. RSG prepared this report on behalf of the Housing Successor for Fiscal Years 2013-14, 2014-15, 2015-16, 2016-17, 2017-18, 2018-19, and 2019-20. This letter presents our scope of services and fee estimate for the preparation of the SB 341 Report for Fiscal Years 2020-21 and 2021-22. We welcome the opportunity to discuss this proposal with you in further detail.
SCOPE OF SERVICES
Housing Successor Agency Annual Report
Senate Bill 341 and Assembly Bill 1793 created new annual reporting requirements in 2014 and 2015 for successor housing agencies. The City must prepare an annual report that details compliance with expenditure limitations, describes property disposition efforts, provides an inventory of homeownership units, and other items. This annual report is due to the California State Department of Housing and Community Development (“HCD”) by April 1st of each year. The report for Fiscal Year 2020-21 is due on April 1, 2022.The report for Fiscal Year 2021-22 is due on April 1, 2023.
RSG will prepare the SB 341 Report for Fiscal Years 2020-21 and 2021-22 and will be available to attend City Council meetings if necessary to present the SB 341 Reports and explain the governing legislation.
Attendance at a Council meeting is not included in the budget identified in this proposal and would be done on a time-and-materials basis. The SB 341 Report will integrate financial data provided by City staff, including data about the balance, deposits, and expenditures pertaining to the Low and Moderate-Income Housing Asset Fund (“Housing Asset Fund”). The SB 341 Report will also include information about assets reported on the City’s Housing Assets Transfer form. Assets transferred to the City include real property, affordability covenants, loans and grants, and rents.
The SB 341 Report will include the following information for each fiscal year:
• The amounts deposited into the Housing Asset Fund
• A statement of the balance of the Housing Asset Fund
• A description of Housing Asset Fund expenditures by category • The statutory value of real property and loans receivable • A description of funds transferred to the Housing Successor Agency • A description of projects that receive funding through the ROPS, if any • The status of efforts to dispose of former RDA properties transferred to the Housing Successor, if any (there is a five-year development or disposition deadline) • An update on inclusionary and replacement housing obligations remaining from the former RDA, if any
• Compliance with expenditure limitations within a 5-year compliance period • The percentage of senior deed-restricted units assisted in the last 10 years • The amount of excess surplus
• An inventory of homeownership units assisted by the former RDA or Housing Successor • The amounts received from repayment of any City loans to the former RDA through the ROPS Upon completion, the SB 341 Report can be submitted with the City’s Housing Element Annual Progress Report to HCD.
Exhibit A to Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc for Affordable Housing Consulting Services – SB 341 Annual Report Page 2 of 2
PROJECT TEAM
This engagement will be led by Tara Matthews, Principal, with other RSG staff assigned as needed. Staff resumes may be found on our company website at www.webrsg.com/meet-team.
PROJECT SCHEDULE
RSG is able to commence work immediately with a project end date of June 30, 2023.
Exhibit B to Professional Services Agreement between February 14, 2022 City of Atwater and RSG, Inc for Affordable Housing Consulting Services – SB 341 Annual Report Page 1 of 1
EXHIBIT B
FEE SCHEDULE
FEE ESTIMATE
Our services for this engagement would be charged on a time-and-materials basis, with a not to exceed budget of $5,000 per report, for a total not to exceed budget of $10,000, to undertake the tasks outlined in the Scope of Services, excluding attending a City Council Meeting. RSG proposes the following rate schedule for these services:
Hourly Billing Rates & Fee Schedule
Principal / Director
$ 275
Senior Associate 200
Associate 185
Senior Analyst 150
Analyst 135
Research Assistant 125
Technician 80
Clerical 60
Reimbursable Expenses Cost plus 10%
RSG does not charge clients for mileage, parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies.
These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. However, we are open to discussion and negotiation over billing options, including a monthly retainer or other fee arrangement.
BOARD OF DIRECTORS
AGENDA REPORT
MEETING DATE: February 14, 2022
TO: Chair and Board of Directors of the Atwater Housing Successor Agency
FROM: Greg Thompson, Community Development Director
PREPARED BY: Julia Coronado
SUBJECT: Approving Budget Amendment establishing revenue and expenditure budget appropriation for Affordable Housing Underwriting Services and Approving Professional Services Agreement with RSG, Inc. for Affordable Housing Underwriting Services (Public Works/Community Development Director
Thompson)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. HSA 2022-2 approving Budget Amendment No. 25 amending Fiscal Year 2021-22 Budget to establish revenue and expenditure budget appropriation for Affordable Housing Underwriting Services for the proposed Chelsea Investment Corporation Affordable Housing Project with RSG, Inc. in an amount not to exceed $14,995; approves a Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc. for Affordable Housing Underwriting Services; and authorizes and directs the City Manager, or her designee, to execute the Professional Services Agreement on behalf of the City.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
The proposed project is located at the intersection of Bellevue Road and Redwood Avenue, referred to as the Waterstone Project (“Project”). The Project was previously approved by the City Council. The Developer is now requesting financial assistance in the amount of $400,000 from the Housing Successor, or any other City source, to aid in the ability to secure additional gap financing sources, TCAC 9% Federal tax credits.
Waterstone is a much needed 60-unit rental affordable housing development designed for farm worker families in the City of Atwater. Last summer, the City Council approved a 2-project development on the 3.36-acre site. Each project consists of 60 units for a total of 120 units. Waterstone represents the first of the two projects. Waterstone includes a mix of unit types: (7) one-bedroom units at 606 SF, (40) two-bedroom units at 820 SF and (13) three-bedroom units at 1,020 SF. The rental rates range from 30% -
BOARD OF DIRECTORS
Paul Creighton, Chair
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
60% of AMI. Included in this mix is (1) two-bedroom apartment for a full-time, onsite community manager. Waterstone is designed as four buildings: three 2-story walk-up residential buildings and one single-story community building; all parking is on-grade.
Site amenities include a basketball court, community room, patio/BBQ area, and laundry facilities. Residents at Waterstone will have access to a number of supportive services which include, but are not limited to, adult education and skill building classes, computer literacy, ESL, art projects, job counseling, financial literacy, health and wellness.
The Proforma Summary outlines the total sources and uses, unit mix, operational cost, permanent and construction loan terms. The Project has been awarded a Joe Serna Grant ("FWHG") and the goal is to secure the $400k City loan, apply for HOME financing in March of 2022, and TCAC 9% Federal tax credits in June of 2022, secure TCAC award in September 2022 and close on financing and begin construction in April of 2023. Occupancy is anticipated in April 2024.
ANALYSIS:
Financial Underwriting and Analysis - RSG, Inc. (RSG) staff will review the proposal provided by Chelsea Investment Corporation (“Developer”) on October 12, 2021. RSG will evaluate cost estimate reasonableness, determine the financial feasibility and if gap financing is warranted, prepare a modeling pro forma, review tax credit and other funding source market conditions, and prepare a 55-year cash flow projection. RSG will summarize their findings to note key proposal terms, strengths and weaknesses, and need for gap financing.
The analysis will indicate the profitability or infeasibility of the project and highlight whether any gap financing is needed. RSG will also scrutinize the developer’s assumptions to ensure that the anticipated costs, revenues, and operating and replacement reserves are realistic and not over/understated. This includes a detailed look at developer fees, deferred fees, tax credit pricing, and other funding sources to ensure estimated values mirror market conditions. RSG will perform a detailed construction and project phasing assessment, a phasing and post-stabilization 55-year operating forecast to evaluate whether City funds will be repaid, and various measures of return on investment based on the proposed developer’s preferred disposition of the project once developed.
Chelsea Investment Corporation ("Developer") has entered into a Reimbursement Agreement with the City to provide the funds for the financial underwriting and analysis to be performed by RSG with the clear understanding that there is not a guarantee that financial assistance will be provided from the Housing Successor, or any other City source.
II. FISCAL IMPACTS:
Upon adoption of Resolution No. HSA 2022-2, Budget Amendment No. 25, there will be sufficient appropriation in the Low and Moderate Income Housing Asset Fund, Professional Services expense account number 3065-4017-3030, of $14,995, and the
Agenda Report - Page 3
Other Revenue account number 3064-4017-6091. 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:
This item has been routed and reviewed by all internal departments.
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:
Following City Council approval, the City Manager, or her designee, will execute the Agreement, and the Office of the City Clerk will route the executed Agreement to RSG, Inc. The Finance Department will book the Budget Amendment expense.
Agenda Report - Page 4
Submitted by:
Greg Thompson, Public Works/Community Development Director Approved by:
Lori Waterman, Executive Director
Attachments:
1. Resolution No. HSA 2022-2 Approves Budget Amendment No. 25 RE Affordable Housing Underwriting Services
2. Professional Services Agreement - RSG, Inc. Affordable Housing Underwriting Services
HOUSING SUCCESSOR
AGENCY TO THE ATWATER
REDEVELOPMENT AGENCY
RESOLUTION NO. HSA 2022-2
A RESOLUTION OF THE CITY OF ATWATER AS
HOUSING SUCCESSOR AGENCY TO THE
ATWATER REDEVELOPMENT AGENCY
APPROVING BUDGET AMENDMENT NO. 25
AMENDING FISCAL YEAR 2021-22 BUDGET TO
ESTABLISH REVENUE AND EXPENDITURE
BUDGET APPROPRIATION FOR AFFORDABLE
HOUSING CONSULTING SERVICES FOR POLICY
UNDERWRITING FOR THE PROPOSED
CHELSEA INVESTMENT CORPORATION
AFFORDABLE HOUSING PROJECT
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3224-21 adopting the Fiscal Year 2021-22 Budget on June 14, 2021; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Atwater Housing Successor Agency does hereby approve Budget Amendment No. 25 to the Fiscal Year 2021-22 Budget as follows:
SECTION 1: Increasing expense account and establishing revenue budget in Low and Moderate Income Housing Asset Fund for Fiscal Year 2021-22.
Increase Budget
(Expense)
3065-4017-3030 Professional Services $14,995.00
Establish Budget
(Revenue)
3065-4017-6091 Other Revenue $14,995.00
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.
Resolution No. HSA 2022-2 Page 2
The foregoing resolution is hereby adopted this 14th day of February 2022.
AYES:
NOES:
ABSENT:
APPROVED:
_______________________________
PAUL CREIGHTON, BOARD CHAIR
ATTEST:
_________________________________
LUCY ARMSTRONG, BOARD CLERK
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 1 of 16
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND
RSG, Inc.
THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and RSG, Inc., a California corporation , (“Professional”) as of January 31, 2022 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.
Section 1.SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2022, the date of completion specified in Exhibit A. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.
1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing.
1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.
Section 2.COMPENSATION. City hereby agrees to pay Professional a sum not to exceed fourteen thousand nine hundred ninety-five Dollars ($14,995.00), notwithstanding any contrary indications that may
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 2 of 16 be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.
Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
The Professional’s signature; and
Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 3 of 16
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, and shall not exceed Cost plus 10%. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.
Section 3.FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.
City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 4 of 16 any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4.INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than TWO MILLION DOLLARS ($2,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 5 of 16 not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 6 of 16 e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 7 of 16 endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.6Waiver of Subrogation. Professional hereby agrees to waive subrogration which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.
4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 8 of 16 Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5.INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.
5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 9 of 16 Section 6.STATUS OF PROFESSIONAL.
6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee to become eligible for a claim for PERS benefits.
6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7.LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors,
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 10 of 16 shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.
7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.
Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.
Section 8.TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.
Professional may cancel this Agreement upon 30 days’ prior written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 11 of 16 and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.
Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.
8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement. City shall not in any manner be liable for Professional’s actual or projected lost profits had Professional completed the services required by this Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;
8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or
8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.
Section 9.Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 12 of 16 Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.
Section 10.KEEPING AND STATUS OF RECORDS.
10.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
10.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.
10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 11.MISCELLANEOUS PROVISIONS.
11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 13 of 16 state courts of California in the County of Merced or in the United States District Court, Eastern District of California.
11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
11.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
11.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.
Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.
Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement.
Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 14 of 16
11.9 Contract Administration. This Agreement shall be administered by City Manager Waterman ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
11.10 Notices. Any written notice to Professional shall be sent to:
RSG, Inc.
Tara E. Matthews, Principal
17872 Gillette Avenue, Suite 350
Irvine, CA 92614
[email protected]
Any written notice to City shall be sent to:
City of Atwater
Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301
11.11 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
11.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the fee schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.
11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
11.14 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
11.15 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 15 of 16 stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.
11.16 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
11.17 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]
Professional Services Agreement between January 31, 2022 City of Atwater and RSG, INC. for Affordable Housing Underwriting & Developer Negotiations Page 16 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Tara E. Matthews, Principal RSG, Inc.
Attest:
____________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney
Exhibit A to Professional Services Agreement between January 20, 2022 City of Atwater and RSG, Inc for Housing Element Annual Progress Reporting Services Page 1 of 2
EXHIBIT A
SCOPE OF WORK
RSG is pleased to present this proposal to the Housing Successor of the City of Atwater (“City”) to analyze the affordable housing proposal presented by Chelsea Investment Corporation (“Developer”). The Developer is proposing a 60-unit affordable housing development located at the intersection of Bellevue Bowl Road and Redwood Avenue, referred to as the Waterstone Project (“Project”). This letter presents our proposal and quote to provide consulting services to perform affordable housing underwriting services and evaluate potential regulatory impacts of the proposed transaction.
RSG brings over four decades of experience providing Real Estate, Finance, Economic Development, and Affordable Housing Consulting Services to public agencies and private investors in the community development and redevelopment process. However, we feel our true strength lies is our ability to continually adapt with each turn in the marketplace, expanding our services in step with the constant evolution of the day-to-day challenges communities face, including those related to providing affordable housing.
RSG is active in housing organizations throughout the State, attending events organized by the Kennedy Commission, the Southern California Association of Nonprofit Housing, Northern California Association of Nonprofit Housing, Housing California, and the San Diego Housing Federation. As a firm, we are committed to consulting our public agency clients on the most current housing trends and using local market data to provide our clients with options that maximize public benefit.
SCOPE OF SERVICES
The Project consists of a 60-unit multi-family property located on a 3.36-acres, serving residents with income levels ranging from 30% to 60% of the Area Median Income. The Project was previously approved by the City Council. The Developer is now requesting financial assistance in the amount of $400,000 from the Housing Successor, or any other City source, to aid in the ability to secure additional gap financing sources, TCAC 9% Federal tax credits.
Financial Underwriting and Analysis
RSG staff will review the proposal provided by Developer on October 12, 2021. RSG will evaluate cost estimate reasonableness, determine the financial feasibility and if gap financing is warranted, prepare a modeling pro forma, review tax credit and other funding source market conditions, and prepare a 55-year cash flow projection. We will summarize our findings to note key proposal terms, strengths and weaknesses, and need for gap financing.
1. Cost Estimates - RSG will evaluate proposed construction costs for the improvements based on current third-party cost data obtained from Marshall & Swift Valuation Services, and our recent comparable project experience, as well as the related “indirect” construction costs identified by each developer proposal. The feasibility analysis will focus on the level of public funding assistance to be brought by the proposer to maximize the leveraging of the City’s funding assistance.
2. Pro Forma Review – RSG will review development costs, constraints, extraordinary issues, and financing sources (both equity and debt). Context for the return on investment (ROI) analysis will be based on a combination of RSG experience, research of comparable transactions, and discrete consultations with lenders and investor
Exhibit A to Professional Services Agreement between January 20, 2022 City of Atwater and RSG, Inc for Housing Element Annual Progress Reporting Services Page 2 of 2 representatives in our professional network. RSG will also rely on insight from the City and the developer, in context of our external research, in order to understand how the developer’s expectations mirror the market for such projects today.
This analysis will indicate the profitability or infeasibility of the project and highlight whether any gap financing is needed. RSG will also scrutinize the developer’s assumptions to ensure that the anticipated costs, revenues, and operating and replacement reserves are realistic and not over/understated. This includes a detailed look at developer fees, deferred fees, tax credit pricing, and other funding sources to ensure estimated values mirror market conditions. RSG will perform a detailed construction and project phasing assessment, a phasing and post-stabilization 55-year operating forecast to evaluate whether City funds will be repaid, and various measures of return on investment based on the proposed developer’s preferred disposition of the project once developed.
3. Summary and Meetings - RSG will prepare a summary memorandum that will include key proposal terms, strengths and weaknesses, and detail the necessity of gap financing from the City. The final memorandum to the City would summarize our findings and our gap financing recommendations.
All meetings and conference calls will be attended by either an RSG Principal or Associate. As needed, meeting and conference calls will be held with the City to provide progress updates or discuss areas of concern. For the purpose of the cost estimate, it is anticipated that two (2) meetings/conference calls will be needed.
PROJECT TEAM
Ms. Matthews will assume the role of Principal-in-Charge for this engagement. Ms. Matthews will be assisted by Ms. Alex Lawrence, Associate, and Mr. Kyle Westra, Senior Analyst. Additional RSG staff may be assigned as needed. Staff resumes may be located on our website at www.webrsg.com.
PROJECT SCHEDULE
It is anticipated that it will take 6-10 weeks to complete this engagement. RSG staff if available to begin work on January 3, 2021, and upon authorization to proceed.
Exhibit B to Professional Services Agreement between January 20, 2022 City of Atwater and RSG, Inc for Housing Element Annual Progress Reporting Services Page 1 of 2
EXHIBIT B
FEE SCHEDULE
FEE ESTIMATE
Our services for this engagement would be charged on a time-and-materials basis for a fee not-to-exceed $14,995. The quoted budget is based on RSG’s average amount of time these transactions require; if additional hours are required, our fee may exceed the budgeted amount and need to be adjusted with City staff’s approval.
Our services for this engagement would be billed based on the following fee schedule.
Exhibit B to Professional Services Agreement between January 20, 2022 City of Atwater and RSG, Inc for Housing Element Annual Progress Reporting Services Page 2 of 2 Reimbursable Expenses Cost plus 10%
RSG does not charge clients for mileage, parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended and the hourly rate. However, we are open to discussion and negotiation over billing options, including a monthly retainer or other fee arrangement.
CITY COUNCIL
AGENDA REPORT
MEETING DATE: February 14, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Jim Vang
SUBJECT: Designating All-Way Stop Control at intersection of Commerce Avenue at Applegate Ranch Shopping Center Commercial
Driveways (Public Works/Community Development Director
Thompson)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3288-22 designating All-Way Stop Control at the intersection of Commerce Avenue at the Applegate Ranch Shopping Center Commercial Driveways.
I. BACKGROUND/ANALYSIS:
At their regularly scheduled meeting of January 19, 2022, the Planning Commission adopted Resolution No. PC 0199-22, recommending designating all-way stop controls at the intersection of Commerce Avenue at the Applegate Ranch Shopping Center Commercial Driveways.
The subject intersection is on Commerce Avenue within the existing Applegate Ranch Shopping Center, located approximately north of the existing Walmart Supercenter, west of the existing Applebee’s Grill + Bar, and southeast of the existing Rapid Xpress Car Wash. The driveways are used as common access points of ingress and egress to the many shops and their shared off-street parking areas. This segment of Commerce Avenue is a divided 4-lane roadway. Each approach on Commerce Avenue consists of a through lane, a dedicated left-turn lane, and a shared through and right-turn lane. The northern driveway consists of one entry lane and one full-movement exit lane. The southern driveway consists of two entry lanes, a dedicated left-turn exit lane, and a shared through and right-turn exit lane. Both commercial driveways at the intersection have existing stop controls; Commerce Avenue does not have existing stop controls.
ADA-compliant curb ramps are present at each corner and marked crosswalks exist at all intersection approaches. The intersection appears to be well-lit with existing dualdavit street lights present in the median on both Commerce Avenue approaches, and additional lighting just behind the southern sidewalks.
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
The Traffic Division identified that the traffic collision incident rate at the subject intersection appears to be higher than would be expected. In accordance with the Municipal Code, coordination with the Engineering Division was initiated to verify these observations, and to evaluate if any intersection controls could be employed to improve safety and potentially reduce collisions. The City Engineer or designated representative fills the role of City Traffic Engineer. The City maintains an on-call contract with JLB Traffic Engineering, Inc. (JLB) to provide specialized engineering expertise to the Engineering Division in the role of Contract City Traffic Engineer for traffic-related engineering investigations, analyses, designs, and reviews. JLB was tasked with providing engineering analysis of the subject intersection to evaluate its candidacy for potential intersection controls in accordance with the California Manual of Uniform Traffic Control Devices (CA MUTCD).
JLB completed preparation of the Multi-Way Stop and Signal Warrant Analysis on December 31, 2021. Their analysis included collection of 24-hour traffic counts, peak hour intersection turning movement counts with pedestrian data, and collection of collision data from the Statewide Integrated Traffic Records System (SWITRS) and the City of Atwater Police Department. The traffic counts, collision data, and guidance from the CA MUTCD were used to complete CA MUTCD Multi-Way Stop Warrant, Warrants 1 (Eight‐Hour Vehicular Volumes), 2 (Four Hour Vehicular Volumes), 3 (Peak Hour), and 7 (Crash Experience) for the study intersection. The study encompasses the mostrecent five-year period (January 1, 2017 to December 28, 2021).
Based on the completed warrants, the subject intersection currently satisfies the MultiWay Stop Warrant but not any of the Signal Warrants. The complete analysis is appended to this staff report in full; the following are the key findings:
Warrant 1 is projected to likely be met in the year 2025. Warrant 2 is projected to likely be met in the year 2027. Warrant 3 will not likely be met in the next ten (10) years. Warrant 7 should be reevaluated once an adequate trial of alternatives with satisfactory observance and enforcement has failed to reduce the crash frequency.
Criteria A of Multi-Way Stop Warrant is not satisfied because signal warrants are not met.
Criteria B of Multi-Way Stop Warrant is satisfied.
Criteria C of Multi-Way Stop Warrant is not satisfied because the volume threshold for the driveway approaches is not met.
Criteria D of Multi-Way Stop Warrant does not apply.
Based on the warrant findings, JLB recommends the following:
The City modify the intersection from a two-way stop to a multi-way stop control as soon as possible (note: this is the recommended Council Action). Since this intersection is projected to likely satisfy traffic signal warrants
Agenda Report - Page 3
sometime between the year 2025 and 2027, the City should start looking into potential funding sources to help signalize this intersection.
See attached Figure 1 for the proposed intersection improvements, consisting of additional and modified signage and pavement markings.
II. FISCAL IMPACTS:
Procurement and installation of materials for all-way stop control modifications (signage and pavement markings) will be performed by City forces. Sufficient budget is available in the GasTax/Street Improvement Fund, Account 1011-3033-2021 Special Departmental Expense, for completion of the work. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
This item is consistent with goal number two (2) of the City's 2020-2025 Strategic Plan:
to improve public safety.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
The Police Department Traffic Division and the Public Works/Community Development Department Engineering Division coordinated together on this item.
VII. PUBLIC PARTICIPATION:
This item was presented publicly at the regular meeting of the Planning Commission on January 19, 2022, where the public had the opportunity to provide comments. The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is exempt under the provisions of the Guidelines for Implementation of the California Environmental Quality Act, 14 CCR § 15301 “Existing Facilities” Class 1,
Agenda Report - Page 4
which states, “consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use.” As the recommended action is a minor alteration of an existing public facility with no expansion of existing use, it qualifies for this exemption.
Furthermore, no new use is proposed that would require any new findings of significance. No new change in the surrounding area has occurred that would contribute to findings that would be considered significant or represent a major change to the physical environment.
IX. STEPS FOLLOWING APPROVAL:
Following City Council approval, the intersection improvements would be constructed, and the City Clerk’s Office would prepare the resolution for signatures.
Submitted by:
Greg Thompson, Public Works/Community Development Director Approved by:
Lori Waterman, City Manager
Attachments:
1. Resolution No. 3288-22 Designating All-Way Stop Control at Intersection of Commerce Avenue at Applegate Ranch Shopping Center
2. Figure 1 - Commerce Ave at Walmart Drwy Location Detail Map
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3288-22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER DESIGNATING ALL-WAY
STOP CONTROL AT THE INTERSECTION OF
COMMERCE AVENUE AT APPLEGATE RANCH
SHOPPING CENTER COMMERCIAL DRIVEWAYS
WHEREAS, the City of Atwater recognizes a continuous goal to enhance safety for all roadway users; and
WHEREAS, the City of Atwater proactively reviews traffic safety complaints; and WHEREAS, Chapter 10 of the Atwater Municipal Code designates among the duties of the City Traffic Engineer to determine the installation and proper timing and maintenance of traffic-control devices and signals, to conduct engineering analyses of traffic accidents and to devise remedial measures; and
WHEREAS, the City requested engineering analysis by its contract City Traffic Engineer for the intersection of Commerce Avenue at the Applegate Ranch Shopping Center Commercial Driveways serving existing businesses; and
WHEREAS, stop signs are installed to establish right-of-way at intersections between motorists, cyclists, and pedestrians to reduce delay, and to enhance safety for all roadway users; and
WHEREAS, upon review by the contract City Traffic Engineer, the subject intersection satisfies the Multi-Way Stop Warrant, but does not satisfy any of the Signal Warrants evaluated; and
WHEREAS, the contract City Traffic Engineer recommends that the City modifies the intersection from a two-way stop to a multi-way stop control as soon as possible; and WHEREAS, among its powers and duties designated in Chapter 2 of the Atwater Municipal Code, the Planning Commission shall act in a recommending/advisory role to the City Council to recommend ways and means of improving traffic conditions; and
Resolution No. 3288-22 Page 2
WHEREAS, at its regular meeting of January 22, 2022, the Planning Commission adopted Resolution PC 0199-22 finding that the recommended action is categorically exempt under the provisions of the California Environmental Quality Act (CEQA) guideline section 15301, Class 1 “Existing Facilities,” and resolved to recommend that the City Council make the designation of all-way stop control and install stop signs and other ancillary signs and markings at the intersection of Commerce Avenue and Applegate Ranch Shopping Center Commercial Driveways.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby resolve, determine, and order as follows:
SECTION 1: Designate All-Way Stop Control and the intersection of Commerce Avenue at the Applegate Ranch Shopping Center Commercial Driveways serving existing businesses.
SECTION 2: Authorize and direct staff to install stop signs on Commerce Avenue at the intersection of Applegate Ranch Shopping Center Commercial Driveways in accordance with the provisions of section 2B.07 of the 2014 California Manual of Uniform Traffic Control Devices (CA MUTCD) and Section 22450 (c) of the California Vehicle Code.
SECTION 3: Authorize and direct staff to install other ancillary signs and markings necessary for the installation of Multi-Way Stops as noted in Figure 1, prepared by the contract City Traffic Engineer, dated January 7, 2022.
SECTION 4: This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
The foregoing resolution is hereby adopted this 14th day of February 2022.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________
LUCY ARMSTRONG, CITY CLERK
1 3
3 4
4 5
1 1
2 24' TYP.
2'
4" WHITE LINE DIRECTION OF TRAVEL
TYPE C RAISED PAVEMENT MARKERS AT 24' ON CENTER.
LIMIT LINE
100'
REMOVE EXISTING STRIPE AND
INSTALL 4" WIDE WHITE LEAD
LINE. SEE DETAIL A.
PHONE:(559) 570-8991, EMAIL: [email protected], www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704
Commerce Ave at Walmart Drwy - City of Atwater
Location Detail Map
Figure 1
005-006 - 01/07/22 - CS
LEGEND
N
= PROPOSED SIGN AND POST
COMMERCE AVENUE
WALMART DRIVEWAY
SCALE: 1"=100'
PROJECT NOTES: 0 50' 100'
ADD "STOP" R1-1 REGULATORY SIGNS (36" X 36") AND AN "ALL WAY" R1-3P SUPPLEMENTAL PLAQUE MOUNTED BELOW THE NEW STOP SIGNS. NO PORTION OF THE SIGNS SHOULD PROTRUDE INTO THE
WALKWAY SURFACE UNLESS IT MEETS THE MINIMUM VERTICAL CLEARANCE CALLED FOR BY THE CA MUTCD. SEE DETAIL B.
.ADD "STOP" PAVEMENT MARKING TO ALL EAST AND WEST INTERSECTION APPROACH LANES. .MOUNT AN "ALL WAY" R1-3P SUPPLEMENTAL PLAQUE JUST BELOW THE EXISTING STOP SIGN. SEE DETAIL B. .ADD "STOP AHEAD" W3-1 WARNING SIGNS (30" X 30") TO THE EAST AND WEST LEGS AT A DISTANCE OF 250' FROM THE CROSSWALK. SEE DETAIL C. NO PORTION OF THE SIGNS SHOULD PROTRUDE INTO THE
WALKWAY SURFACE UNLESS IT MEETS THE MINIMUM VERTICAL CLEARANCE CALLED FOR BY THE CA MUTCD.
.RELOCATE EXISTING SPEED LIMIT SIGN TO STREET LIGHT POLE No. A1033M AND PLACE NEW "STOP AHEAD" W3-1 WARNING SIGN (30" X 30") ON EXISTING POST.
= EXISTING SIGN AND POST
DETAIL A: DETAIL B: DETAIL C:
1 2
3 = EXISTING STREET LIGHT
4 5