In-person participation by the public will be permitted. In addition, remote public participation 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 option below).
2. 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 but will not be read out loud during the meeting.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6300.
CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
5:30 PM
September 26, 2022
CALL TO ORDER:
ROLL CALL:
Ambriz ____, Cale ____, Raymond ____, Button ____, Creighton _____
CLOSED SESSION
Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator regarding price and terms of payment. Agency Negotiators: Public Works/Community Development Director Thompson and City Attorney Splendorio. Negotiating Parties: Kiranjeet Dhami and Roberto Hugo Carbajal
City Council Agenda for Meeting of September 26, 2022 Page 2 Property Locations: 1039 Atwater Blvd., APN 156-060-001 1089 Atwater Blvd., APN 156-060-011
337 E. Bellevue Road, APN 156-060-009
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
PLEDGE OF ALLEGIANCE TO THE FLAG
INVOCATION
Invocation by Bill Mooneyham
ROLL CALL:
Ambriz ____, Cale ____, Raymond ____, Button ____, Creighton _____ SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.
PRESENTATIONS:
• Monthly report by Merced County District 3 Supervisor McDaniel
CONSENT CALENDAR
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.
TREASURER'S REPORT:
City Council Agenda for Meeting of September 26, 2022 Page 3
1. July 31, 2022
Staff's Recommendation: Approval of report as listed.
WARRANTS:
2. September 26, 2022
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (City Council)
3. July 11, 2022 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
RESOLUTIONS:
4. Approving Budget Amendment No. 3 amending Fiscal Year 2022-23 Budget regarding the 5-Year Capital Improvement Program and ARPAAmerican Rescue Plan Act Fund Expenditures (Finance Director Youmara)
Staff's Recommendation: Adopt Resolution No. 3344-22, approving Budget Amendment No. 3 amending the 2022-2023 Fiscal Year Budget pertaining to the 5-Year Capital Improvement Program and ARPA-American Rescue Plan Act Fund; and amends the 5-Year Capital Improvement Program to reflect the budget amendments contained in Resolution No. 3344-22.
AGREEMENTS:
5. Waiving the Formal Procurement Process and awarding a sole source purchase to Exeloo Corporation, of San Luis Obispo, California for purchase of Exeloo Jupiter Automated Twin Cubicle Restroom for Osborn Park (Public Works Director Vinson)
Staff's Recommendation: Waive the Formal Procurement Process and award a sole source purchase to Exeloo Corporation of San Luis Obispo, California for purchase of Exeloo Jupiter Automated Twin Cubicle Restroom for Osborn Park upgrades, in an amount not to exceed $222,021; and authorize and direct the City Manager, or her designee, to execute the Purchase Order on behalf of the City.
6. Approving a Purchase Agreement (Purchase Order) with Shannon Pump Co. of Merced, California for the purchase of a new pump and motor for Well 14 (Public Works Director Vinson)
Staff's Recommendation: Approves a Purchase Agreement
(Purchase Order), in a form approved by the City Attorney, with Shannon Pump Co. of Merced, California, for the purchase of a new
City Council Agenda for Meeting of September 26, 2022 Page 4 pump and motor for Well 14, in an amount not to exceed $108,581.19; and authorizes and directs the City Manager to execute the Agreement (Purchase Oder) on behalf of the City.
7. Awarding a General Service Agreement to Tri County Flooring for new flooring at Fire Station 41 (Public Works Director Vinson) Staff's Recommendation: Awards a General Services Agreement, in a form approved by the City Attorney, to Tri County Flooring of Atwater, California, in an amount not to exceed $55,533.17; authorizes and directs the City Manager to sign and affirm contract change order up to an additional aggregate of $2,777 (5%); and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.
8. Approving Ground Lease Agreement between the City of Atwater and Old Town Atwater regarding use of Real Property Parking Lot located at Fourth Street and Cedar Avenue (City Manager Waterman)
Staff's Recommendation: Approves a Ground Lease Agreement, in a form approved by the City Attorney, with Old Town Atwater for the use of Real Property Parking Lot located at the corner of Fourth Street and Cedar; and authorizes and directs the City Manager, or her designee, to execute the Lease Agreement on behalf of the City. ***END OF CONSENT CALENDAR***
PUBLIC HEARINGS
9. Waiving the first reading and introducing an ordinance repealing and replacing Chapter 5.04, "General Provisions" and amending portions of Chapter 5.08, "Schedule of License Fees" of Title 5 of the Atwater Municipal Code (Community Development Director Thompson and Finance Director Youmara)
Staff's Recommendation: Open the public hearing and receive any testimony given;
Close the public hearing;
Motion to waive the first reading and introduce Ordinance No. CS 1042 repealing and replacing Chapter 5.04, "General Provisions" and amending portions of Chapter 5.08, "Schedule of License Fees" of Title 5 of the Atwater Municipal Code; or
Motion to approve staff's recommendation as presented.
10. Adoption of Resolution of Necessity for the Acquisition of Fee Interests
City Council Agenda for Meeting of September 26, 2022 Page 5 in Certain Real Property, by Eminent Domain, Located at 1039 & 1089 Atwater Boulevard(Community Development Director Thompson) Staff's Recommendation: Open the public hearing and receive any testimony given;
Close the public hearing and make the following findings:
The public interest and necessity require the proposed project; The project is planned or located where it will be most compatible with the greatest public good and the least private injury;
The real property to be acquired is necessary for the project; The offer of just compensation has been made to the owner; and
Motion to adopt Resolution of Necessity No. 3345-22 For The Acquisition of Fee Interest in Certain Real Property, by Eminent Domain, Located at 1039 & 1089 Atwater Boulevard, Atwater, California, 95301, more particularly described as Assessor Parcel Nos. 002-219-010 & 002-219-011, for construction of new parking facilities in the downtown area of the City of Atwater, Merced County, California as further identified In Exhibit A attached hereto; or Motion to approve staff's recommendation as presented.
11. Adoption of Resolution of Necessity for the Acquisition of Fee Interest in Certain Real Property, by Eminent Domain, Located at 337 E.
Bellevue Road (Community Development Director Thompson) Staff's Recommendation: Open the public hearing and receive any testimony given;
Close the public hearing and make the following findings:
The public interest and necessity require the proposed project; The project is planned or located where it will be most compatible with the greatest public good and the least private injury;
The real property to be acquired is necessary for the project; The offer of just compensation has been made to the owner; and
Motion to adopt Resolution No. 3346-22 For The Acquisition of Fee Interest in Certain Real Property, by Eminent Domain, Located at 337 E. Bellevue Road, Atwater, California, 95301, More Particularly Described as Assessor Parcel No. 156-060-009, in Merced County, California, for the Osborn Park Improvements Project, in Merced County, California as further identified In Exhibit A attached hereto; or
City Council Agenda for Meeting of September 26, 2022 Page 6 Motion to approve staff's recommendation as presented.
COMMENTS FROM THE PUBLIC
NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.
CITY COUNCIL MATTERS
City Council comments
CLOSED SESSION
Continuation of Closed Session if necessary
ADJOURNMENT
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 29
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Citizens' Oversight
Labor Day Committee Meeting -
City Holiday
Observed 5:30 PM
Trash pick up delayed
Patriot Day City Council Meeting -
1 day
6:00 PM
Planning Commission Merced County
Supervisor McDaniel
Meeting - 6:00 PM District 3
Office Hours -
Committee Meeting -
1:30 PM - 3:30 PM
Audit & Finance
30 4:30 PM
City Council Meeting -
6:00 PM
~ September 2022 ~
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 Audit & Finance 25 26 27 28 29
Saturday
~ October 2022 ~
Sunday Monday Tuesday Wednesday Thursday Friday
City Council Meeting -
6:00 PM
Planning Commission
Meeting - 6:00 PM
Committee Meeting - Merced County
Supervisor McDaniel
4:30 PM District 3
City Council Meeting -
30 31 Halloween 1:30 PM - 3:30 PM
6:00 PM Office Hours -
STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BY FUND
AS OF 07/31/2022
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 12,617,000.89 1,040,136.81 2,461,135.64 11,196,002.06 0003 General Fund Capital 329,804.12 0.00 2,506.95 327,297.17 0004 Public Safety Trans & Use Tax 567,007.47 288,912.28 514,633.43 341,286.32 0005 Ferrari Ranch Project Fund 21,088.45 0.00 0.00 21,088.45 0007 Measure V Fund 3,232,963.12 66,668.25 0.00 3,299,631.37 0008 Measure V 20% Alternative Modes 548,767.32 16,667.06 1,044.81 564,389.57 0009 Abandoned Veh Abatement Fund 751.20 0.00 1,673.97 (922. 77) 0010 Measure V Regional Fund (540.00) 0.00 2,390.61 (2,930.61) 1005 Police Grants Fund 84,241.50 0.00 0.00 84,241.50
1010 ARPA-American Rescue Plan Act 2,586,658.30 3,535,571.00 270,942.27 5,851,287.03 1011 Gas Tax/Street Improvement 62,978.47 57,750.16 150,302.93 (29,574.30) 1013 Local Transportation Fund 619,472.44 212.84 11,950.00 607,735.28 1015 Traffic Circulation Fund 1,470,787.61 725.00 3,500.00 1,468,012.61 1016 Applegate Interchange 768,961.80 0.00 0.00 768,961.80 1017 RSTP-Regional Surface Transp Prag 2,323,397.76 0.00 0.00 2,323,397.76 1018 SB1-Road Maint & Rehab RMRA 2,006,641.63 57,901.69 71,228.25 1,993,315.07 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,369,502.45 2,382.00 1,510.00 2,370,374.45 1040 General Plan Update-Housing Element (43,498.00) 0.00 4,502.00 (48,000.00) 1041 General Plan Update Fund 350,440.14 0.00 0.00 350,440.14 1050 Buhach Colony High School 231,113.14 0.00 0.00 231,113.14 1055 Neighborhood Stabilization 220,575.56 0.00 0.00 220,575.56 1059-78 Housing Grant Funds 755,293.94 0.00 0.00 755,293.94 1091 Police Facility Impact Fee 209,394.12 401.00 0.00 209,795.12 1093 Fire Facility Impact Fee 186,566.62 520.00 0.00 187,086.62 1095 Government Building Facility 269,086.90 378.76 0.00 269,465.66 3064-67 RedevelopmenUSuccessor Agency Funds 1,886,092.05 867.83 5,081.25 1,881,878.63 4020 Performance Bond Trust 219,277.78 0.00 0.00 219,277.78 4030 Narcotics Program Trust 2,071.05 0.00 0.00 2,071.05 4060 Section 125 Medical 2,022.50 190.00 0.00 2,212.50
STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BY FUND
AS OF 07/31/2022
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00
4080 Pension Rate Stblztn 115 Trust 244,667.05 12,151.42 0.00 256,818.47 4090 CFO No. 1 Trust 130,788.82 0.00 0.00 130,788.82
5001-55 All Maintenance Districts 1,404,277.93 0.00 8,232.28 1,396,045.65 5050 CFO Districts 69,691.56 3,156.75 133,694.13 (60,845.82) 6000 Water Enterprise Fund 8,407,036.34 543,626.05 384,088.10 8,566,574.29 6001 Water Fund Capital Replacement 2,656,054.19 0.00 81,128.56 2,574,925.63 6002 DBCP Settlement 20,540.74 0.00 0.00 20,540.74
6004 Water Well- Buhach Colony 183,572.47 0.00 0.00 183,572.47 6005 Water Capital Impact Fees 2,487,672.06 4,559.50 0.00 2,492,231.56 6006 Water Operating Reserve Fund 179,999.84 0.00 0.00 179,999.84 6007 1,2,3-TCP Fund 17,484,941.98 176,834.67 450,353.10 17,211,423.55 6010 Sewer Enterprise Fund 16,787,586.08 809,708.59 1,366,558.97 16,230,735.70 6011 Sewer Fund Capital Replacement 3,564,718.20 4,517.00 0.00 3,569,235.20 6020 Sanitation Enterprise 2,669,783.63 346,897.41 273,673.08 2,743,007.96 7000 Internal Service Fund 541,391.16 2,100.00 140,307.29 403,183.87 7001 ISF Equipment/Bldg Replacement 0.00 0.00 0.00 0.00 7010 Employee Benefits Fund 785,519.79 5,281.61 61,286.33 729,515.07 7020 Risk Management 934,404.01 0.00 703,910.50 230,493.51 7030 Information Technology 470,729.29 0.00 52,094.90 418,634.39 9090 Accrued Interest Fund 46,940.94 104,335.95 0.00 151,276.89 TOTAL 92,968,236.41 7,082,453.63 7,157,729.35 92,892,960.69 Prepared by:
Patty
?~
Tejeda
~
~~ i~ons Manager
Statement oi Changes in Cash Balan~e
by Bank
As oi 7/31/2022
Beg. Period Cash Cash End Period
Balance Debits Credits Balance
City- LAIF 55,107,593.09 103,172.95 55,210,766.04
City - RMA Long-Term Investment Fund 1,150,871.00 1,163.00 1,152,034.00 City Checking & Investment Accounts 6,777,915.38 6,789,131.59 6,786,357.99 6,780,688.98 Wastewater Checking 7,702,285.09 371,371.36 7,330,913.73 RA Obligation Retirement Fund 0.00 0.00
US Bank/Chandler Asset Mgt. 21,984,904.80 176,834.67 22,161,739.47 PARS Post-Employment Benefits Trust 244,667.05 12,151.42 256,818.47 Totals 92,968,236.41 7,082,453.63 7,157,729.35 92,892,960.69 /?~ ·_/}
Prepared by: __ --+~---+-"""'.~---....,....._.,__=--G_------- PattyTejeda~erations Manager
Approved by:
(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.
Mark Borba, City Treasurer
City LAIF
Chandler Asset Mgt.
US Bank/Chandler Asset Mgt.
PARS Post-Employment Benefits Trust
55,210,766.04
1,152,034.00
22,161,739.47
256,818.47
Bank Account Detail
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
7,934,986.62
7,330,913.73
0.00
WARRANTS SUMMARY FOR SEPTEMBER 26 2022
TOTAL OF WARRANTS (FROM WARRANT REPORT)
ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) 1 s 1,232,883.38 I
DATE I DESCRIPTION AMOUNT
9/22/20221 Prewrittens included in this current warrant run 9/8/2022 PERS Retirement EFT 8/18/22 - 8/31/22
$ (2,554.70)
$ 52,387.99
TOTAL ADDITIONAL WARRANTS $ 49,833.29
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $ 1,282,716.67
I INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) IDATE I DESCRIPTION }AMOUNT
9/8/2022 Net Payroll
9/8/2022 Federal Taxes
9/8/2022 State Taxes
9/8/2022 Payroll Deductions
$ 199,744.00 $ 272,242.28
$ 64,410.54
$ 8,087.74
$ 1,023.02
TOTAL INFORMATIONAL WARRANTS $ 273,265.30
~
CITY TREASURER
~
Accounts Payable
Checks for Approval
User:
Printed:
vnaranjo
9/22/2022 - 11: 17 AM 1P Y l / W (i +r0n
At~ater ( •'ll'llllli>lll \' l'ruJ._. ( ih JI ·,;1 •.
760 Bellevue Road, .Ano\later CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20610 09/09/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 VANTAGE INSTALL PROS 684.68 Check Total: 684.68
20611 09/13/2022 General Fund Special Departmental Expense WHISKEY RIVER SALOON LLC 847.00 Check Total: 847.00
20612 09/15/2022 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 863.02 Check Total: 863.02
20613 09/15/2022 General Fund Garnishments FRANCHISE TAX BOARD 160.00 Check Total: 160.00
Report Total: 2,554.70
AP-Checks for Approval (9/22/2022 - 11: 17 AM) Page I
Accounts Payable
Checks for Approval
User:
Printed:
vnaranjo
9/22/2022 - 11 :21 AM
A~ater
CoTTUTluni
7150 Bellevue Roacl, .AJWater CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 09/26/2022 Public Safety Trans & Use Tax Rents & Leases U.S. BANK EQUIPMENT FINANCE 1,674.65 0 09/26/2022 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 156.94 0 09/26/2022 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 141.10 0 09/26/2022 General Fund Special Departmental Expense CHASE 27.06 0 09/26/2022 General Fund Special Departmental Expense CHASE 297.00 0 09/26/2022 General Fund Special Departmental Expense CHASE 45.51 0 09/26/2022 General Fund Special Departmental Expense CHASE 188.84 0 09/26/2022 General Fund Special Departmental Expense CHASE 556.89 0 09/26/2022 General Fund Special Departmental Expense CHASE 10.00 0 09/26/2022 General Fund Special Departmental Expense CHASE 273.08 0 09/26/2022 General Fund Special Departmental Expense CHASE 78.01 0 09/26/2022 General Fund Special Departmental Expense CHASE 10.00 0 09/26/2022 General Fund Special Departmental Expense CHASE 5.40 0 09/26/2022 General Fund Special Departmental Expense CHASE 88.39 0 09/26/2022 General Fund Special Departmental Expense CHASE 53.18 0 09/26/2022 General Fund Travel/Conferences/Meetings CHASE 33.50 0 09/26/2022 General Fund Special Departmental Expense CHASE 12.00 0 09/26/2022 General Fund Special Departmental Expense CHASE 12.00 0 09/26/2022 General Fund Special Departmental Expense CHASE 25.47 0 09/26/2022 General Fund Special Departmental Expense CHASE 12.00 0 09/26/2022 General Fund Special Departmental Expense CHASE 12.00 0 09/26/2022 General Fund Special Departmental Expense CHASE 12.00 0 09/26/2022 General Fund Printing & Advertising CHASE 576.00 0 09/26/2022 General Fund Printing & Advertising CHASE 504.00 0 09/26/2022 General Fund Uniform & Clothing Expense CHASE 102.34 0 09/26/2022 General Fund Uniform & Clothing Expense CHASE 39.86 0 09/26/2022 General Fund Uniform & Clothing Expense CHASE 42.23 0 09/26/2022 General Fund Professional Services CHASE 14.99 0 09/26/2022 General Fund Travel/Conferences/Meetings CHASE 36.00 0 09/26/2022 General Fund Travel/Conferences/Meetings CHASE 44.00 0 09/26/2022 General Fund Travel/Conferences/Meetings CHASE 36.00 0 09/26/2022 General Fund Travel/Conferences/Meetings CHASE 203.15 0 09/26/2022 General Fund Travel/Conferences/Meetings CHASE 56.00 0 09/26/2022 General Fund Training CHASE 54.00
AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page I
C
heck Number Check Date Fund Name
Account Name Vendor Name
Void Amount
0 09/26/2022
General Fund Training
CHASE
472.70
0 09/26/2022 General Fund Training
CHASE
631.70
0 09/26/2022 General Fund
Uniform & Clothing Expense
CHASE
25.50 0 09/26/2022 General Fund Uniform & Clothing Expense CHASE
25.00 0
09/26/2022
General Fund Training
CHASE
18.04 0
09/26/2022 General Fund Training
CHASE
8.20 0
09/26/2022
General Fund Training
CHASE
10.70 0
09/26/2022
General Fund Training
CHASE
32.03 0 09/26/2022 General Fund
Training
CHASE
9.20 0
09/26/2022
General Fund
Training
CHASE
16.22 0 09/26/2022 General Fund
Training
CHASE
7.11 0 09/26/2022
General Fund
Training
CHASE
16.00 0
09/26/2022
General Fund
Training
CHASE
853.17
0 09/26/2022 General Fund
Special Departmental Expense
CHASE
24.89 0 09/26/2022 General Fund
Office Supplies
CHASE
26.59 0 09/26/2022 General Fund
Special Departmental Expense
CHASE
64.92 0 09/26/2022 General Fund
Maint. Buildings & Grounds
CHASE 11
8.86 0 09/26/2022 General Fund
Various Classes
CHASE
6.00 0
09/26/2022
General Fund
Various Classes
CHASE
405.00
0 09/26/2022 ARPA-American Rescue Plan Act
Memberships & Subscriptions
CHASE
482.87
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #1
CHASE
702.54
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #I
CHASE
61.16 0
09/26/2022
ARPA-American Rescue Plan Act
City Bldg - Civic Center #1
CHASE
-48.61
0 09/26/2022 ARPA
-American Rescue Plan Act City Bldg - Civic Center #I
CHASE
1,001.81
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center# 1
CHASE
31.20 0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center# 1
CHASE
292.25
0 09/26/2022
ARPA-American Rescue Plan Act City Bldg - Civic Center #I CHASE
70.50 0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #1
CHASE
4.94 0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #1
CHASE
53.00 0 09/26/2022
ARPA-American Rescue Plan Act City Bldg - Civic Center #I CHASE
46.48 0
09/26/2022
ARPA-American Rescue Plan Act
City Bldg - Civic Center #1
CHASE 48.71
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #1
CHASE
1,118.98
0 09/26/2022 ARPA
-American Rescue Plan Act City Bldg - Civic Center #I
CHASE 10
0.29 0 09/26/2022
ARPA-American Rescue Plan Act City Bldg - Civic Center #I CHASE
180.08
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center# I
CHASE 10.05
0 09/26/2022 ARPA
-American Rescue Plan Act City Bldg - Civic Center #I
CHASE 13
9.40 0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center# 1 CHASE
1,506.35
0 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I CHASE 86.04
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #I CHASE
301.91
0 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I CHASE 4,871.83
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #1 CHASE
293.53
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #I CHASE 54.11
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #1 CHASE 265.38
0 09/26/2022 ARPA-American Rescue Plan Act
City Bldg - Civic Center #I CHASE
87.05 AP-Checks for Approval (9/22/2022 - 11 :21 AM)
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I CHASE 73.60 0 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 CHASE 161.48 0 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 CHASE 1,130.12 0 09/26/2022 Gas Tax/Street Improvement Office Supplies CHASE 26.59 0 09/26/2022 Water Enterprise Fund Office Supplies CHASE 26.59 0 09/26/2022 Water Enterprise Fund Special Departmental Expense CHASE 28.78 0 09/26/2022 Water Enterprise Fund Special Departmental Expense CHASE 168.22 0 09/26/2022 Water Enterprise Fund Special Departmental Expense CHASE 26.59 0 09/26/2022 Water Enterprise Fund Training CHASE 305.00 0 09/26/2022 Water Enterprise Fund Training CHASE 305.00 0 09/26/2022 Sewer Enterprise Fund Office Supplies CHASE 26.59 0 09/26/2022 Internal Service Fund Special Departmental Expense CHASE 21.63 0 09/26/2022 Internal Service Fund Special Departmental Expense CHASE 67.07 0 09/26/2022 Internal Service Fund Special Departmental Expense CHASE 19.46 0 09/26/2022 Internal Service Fund Special Departmental Expense CHASE 111.04 0 09/26/2022 Internal Service Fund Special Departmental Expense CHASE 83.87 0 09/26/2022 Internal Service Fund Special Departmental Expense CHASE 42.69 0 09/26/2022 Internal Service Fund Special Departmental Expense CHASE 7.75 0 09/26/2022 Internal Service Fund Operations & Maintenance CHASE 55.00 0 09/26/2022 Internal Service Fund Operations & Maintenance CHASE 1,057.44 0 09/26/2022 Internal Service Fund Operations & Maintenance CHASE 63.00 Check Total: 23,774.78
20614 09/26/2022 Water Enterprise Fund Professional Services ABS PRESORT, INC. 738.79 20614 09/26/2022 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 738.79 20614 09/26/2022 Sanitation Enterprise Professional Services ABS PRESORT, INC. 738.79 20614 09/26/2022 General Fund Professional Services ABS PRESORT, INC. 576.49 20614 09/26/2022 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,234.00 20614 09/26/2022 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,233.00 20614 09/26/2022 Sanitation Enterprise Office Supplies ABS PRESORT, INC. 1,233.00 Check Total: 6,492.86
20615 09/26/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR 95.00 Check Total: 95.00 ,..
20616 09/26/2022 Information Technology Fund Special Departmental Expense AIRESPRING 3,897.71 20616 09/26/2022 Information Technology Fund Special Departmental Expense AIRESPRING 3,879.21 Check Total: 7,776.92
_,
20617 09/26/2022 Water Enterprise Fund Special Departmental Expense AIRGAS USA, LLC 109.15 20617 09/26/2022 General Fund Special Departmental Expense AIRGAS USA, LLC 97.60 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 206.75 ,
20618 09/26/2022 Internal Service Fund Professional Services ALL IN A DAY MOVING SERVICES 630.00 Check Total: 630.00
20619 09/26/2022 Sanitation Enterprise Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 262,412.17 --
Check Total: 262,412.17
20620 09/26/2022 Water Enterprise Fund Special Departmental Expense AM CONSTRUCTION SUPPLY, INC. 324.74 Check Total: 324.74
20621 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I ANDERSON FLOORING, INC. 600.00 Check Total: 600.00
20622 09/26/2022 General Fund Special Departmental Expense ANIMAL CARE EQUIPMENT & SERVICES, LLC 639.25 Check Total: 639.25
20623 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 ANV CONTRACTORS, INC. 1,380.00 20623 09/26/2022 ARPA-American Rescue Plan Act Project Retention ANV CONTRACTORS, INC. -1,127.45 20623 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 ANV CONTRACTORS, INC. 22,549.00 Check Total: 22,801.55 -
20624 09/26/2022 SB I -Road Maint & Rehab RMRA Fruitland Ave Rd Improvements ASSOCIATED RIGHT OF WAY SERVICES, INC. 6,066.25 Check Total: 6,066.25 -
20625 09/26/2022 General Fund Communications AT & T MOBILITY 131.40 Check Total: I 31.40
20626 09/26/2022 General Fund Communications AT and T - CALNET3 307.40 Check Total: 307.40
20627 09/26/2022 General Fund Communications AT&T 219.35 Check Total: 219.35
20628 09/26/2022 Internal Service Fund Special Departmental Expense ATWATER GLASS 901.04 20628 09/26/2022 Internal Service Fund Professional Services ATWATER GLASS 660.00 Check Total: 1,561.04 .
20629 09/26/2022 General Fund Professional Services BADAWI & ASSOCIATES 15,360.75 20629 09/26/2022 General Fund Professional Services BADAWI & ASSOCIATES 3,319.00 AP-Checks for Approval (9/22/2022 - 11 :21 AM)
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Page4
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 18,679.75
20630 09/26/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,753.71 20630 09/26/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 880.28 Check Total: 3,633.99
20631 09/26/2022 General Fund Professional Services BEST BEST & KRIEGER 30,172.05 20631 09/26/2022 General Fund Professional Services BEST BEST & KRIEGER 210.00 20631 09/26/2022 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 76.00 20631 09/26/2022 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 76.00 20631 09/26/2022 Sanitation Enterprise Professional Services BEST BEST & KRIEGER 76.00 20631 09/26/2022 Risk Management Fund Professional Services BEST BEST & KRIEGER 4,828.50 ---
Check Total: 35,438.55
20632 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 25.25 20632 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 5.21 20632 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 72.79 20632 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 28.56 20632 09/26/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 19.37 20632 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 10.03 20632 09/26/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 9.68 20632 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 91.12 20632 09/26/2022 Water Fund Capital Replacement Installation-New Water Meters BIG CREEK LUMBER COMPANY 146.27 20632 09/26/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 7.75 20632 09/26/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 12.03 20632 09/26/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 18.04 Check Total: 446.10
20633 09/26/2022 Sewer Enterprise Fund Special Departmental Expense JIM BRISCO ENTERPRISES 1,075.78 Check Total: 1,075.78
20634 09/26/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements BSK ASSOCIATES 2,001.54 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 19.00 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 19.00 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 19.00 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 565.00 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 565.00 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 147.00 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 152.00 20634 09/26/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 113.00 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 3,936.54
20635 09/26/2022 Water Enterprise Fund Professional Services C B MERCHANT SERVICES 3.61 20635 09/26/2022 Sewer Enterprise Fund Professional Services C B MERCHANT SERVICES 2.43 Check Total: 6.04
20636 09/26/2022 General Fund Special Departmental Expense CAL FARM SERVICES 163.96 20636 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 92.64 20636 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 103.39 20636 09/26/2022 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 48.00 20636 09/26/2022 General Fund Special Departmental Expense CAL FARM SERVICES 98.67 20636 09/26/2022 General Fund Special Departmental Expense CAL FARM SERVICES 36.77 20636 09/26/2022 General Fund Small Tools CAL FARM SERVICES 807.74 Check Total: 1,351.17
20637 09/26/2022 General Fund Training CALBO 520.00
Check Total: 520.00
20638 09/26/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 219.86 20638 09/26/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 531.29 20638 09/26/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 88.01 Check Total: 839.16
20639 09/26/2022 General Fund Professional Services CENTRAL VALLEY FORENSIC NURSING SPEC 1,200.00 ---
Check Total: 1,200.00
20640 09/26/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 20640 09/26/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 20640 09/26/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 6.47 20640 09/26/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 20640 09/26/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 20640 09/26/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 20640 09/26/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 20640 09/26/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 57.61 20640 09/26/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 20640 09/26/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 20640 09/26/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 20640 09/26/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 20640 09/26/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 20640 09/26/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 59.24 20640 09/26/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 20640 09/26/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 450.43
20641 09/26/2022 General Fund Training CITY OF FRESNO-POLICE DEPT 121.00 Check Total: 121.00
20642 09/26/2022 Internal Service Fund Communications COMCAST CABLE 162.22 20642 09/26/2022 Internal Service Fund Communications COMCAST CABLE 162.22 20642 09/26/2022 Internal Service Fund Communications COMCAST CABLE 465.46 Check Total: 789.90
20643 09/26/2022 Gas Tax/Street Improvement Small Tools CONSOLIDATED ELECTRICAL DISTRIBUTOR! 589.96 20643 09/26/2022 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 62.46 20643 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 201.13 Check Total: 853.55
20644 09/26/2022 General Fund Professional Services COVANTA ENVIRONMENTAL SOLUTIONS LLC 401.10 Check Total: 401. 10
20645 09/26/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 3,814.12 ---
Check Total: 3,814.12
20646 09/26/2022 General Fund Professional Services D & D PEST CONTROL 380.00 20646 09/26/2022 General Fund Professional Services D & D PEST CONTROL 380.00 20646 09/26/2022 General Fund Professional Services D & D PEST CONTROL 55.00 Check Total: 815.00 -
20647 09/26/2022 General Fund Training DEFENSE TECHNOLOGY, LLC 1,990.00 Check Total: 1,990.00
20648 09/26/2022 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 145.00 20648 09/26/2022 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 1,490.00 ---
Check Total: 1,635.00
20649 09/26/2022 General Fund Professional Services DEPT. OF JUSTICE 226.00 20649 09/26/2022 General Fund Professional Services DEPT. OF JUSTICE 145.00 20649 09/26/2022 General Fund Professional Services DEPT. OF JUSTICE 192.00 Check Total: 563.00 -
20650 09/26/2022 Water Enterprise Fund Training JESSE DIAZ 55.00 Check Total: 55.00
AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20651 09/26/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS I 81.82 20651 09/26/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 151.53 20651 09/26/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 307.32 20651 09/26/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS I 51.53 Check Total: 792.20
20652 09/26/2022 General Fund Uniform & Clothing Expense ENTENMANN-ROVIN CO. 636.34 20652 09/26/2022 General Fund Uniform & Clothing Expense ENTENMANN-ROVIN CO. 880.35 Check Total: 1,516.69
20653 09/26/2022 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 7,208.15 Check Total: 7,208.15
20654 09/26/2022 General Fund Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 4,085.00 20654 09/26/2022 Gas Tax/Street Improvement Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 70.95 20654 09/26/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 20654 09/26/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 161.25 20654 09/26/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 80.63 20654 09/26/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 20654 09/26/2022 Sandlewood Square LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 20654 09/26/2022 Redwood Estates LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 20654 09/26/2022 Stone Creek LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 20654 09/26/2022 Bell Crossing LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 Check Total: 4,827.83
20655 09/26/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 12.30 20655 09/26/2022 Internal Service Fund Operations & Maintenance FASTENAL COMPANY 11.62 20655 09/26/2022 Sewer Enterprise Fund Special Departmental Expense FASTENAL COMPANY 5.54 Check Total: 29.46
20656 09/26/2022 General Fund Office Supplies FEDERAL EXPRESS 49.61 Check Total: 49.61
20657 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense FERGUSON ENTERPRISES INC. #690 221.37 20657 09/26/2022 Water Fund Capital Replacement Installation-New Water Meters FERGUSON ENTERPRISES INC. #690 1,770.12 Check Total: 1,991.49
20658 09/26/2022 General Fund Professional Services GECKO PEST & LANSCAPE MGMT 175.00 Check Total: 175.00
20659 09/26/2022 1,2,3-TCP Fund TCP Remediation Project GHD 11,783.84 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 8
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 11,783.84
20660 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 GLOBAL INDUSTRIAL 701.92 Check Total: 701.92
20661 09/26/2022 Gas Tax/Street Improvement Professional Services GLOBAL RENTAL CO INC 3,031.00 ---
Check Total: 3,031.00
20662 09/26/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 213.76 Check Total: 213.76
20663 09/26/2022 General Fund Professional Services HINDERLITER, DE LLAMAS & ASSOCIATES 250.00 Check Total: 250.00
20664 09/26/2022 Internal Service Fund Operations & Maintenance HI-TECH E V S, INC. 2,452.55 ---
Check Total: 2,452.55
20665 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 HOFFMAN ELECTRONIC SYSTEMS 950.00 Check Total: 950.00
20666 09/26/2022 General Fund Maint. Buildings & Grounds HORIZON 209.62 20666 09/26/2022 General Fund Maint. Buildings & Grounds HORIZON 55.00 20666 09/26/2022 General Fund Maint. Buildings & Grounds HORIZON 230.83 20666 09/26/2022 General Fund Maint. Buildings & Grounds HORIZON 206.24 20666 09/26/2022 General Fund Special Departmental Expense HORIZON 130.15 20666 09/26/2022 General Fund Special Departmental Expense HORIZON 7.30 20666 09/26/2022 General Fund Maint. Buildings & Grounds HORIZON 164.00 20666 09/26/2022 General Fund Special Departmental Expense HORIZON 12.69 20666 09/26/2022 General Fund Maint. Buildings & Grounds HORIZON 1,663.12 20666 09/26/2022 General Fund Maint. Buildings & Grounds HORIZON 876.44 20666 09/26/2022 Water Enterprise Fund Special Departmental Expense HORIZON 71.82 Check Total: 3,627.21
20667 09/26/2022 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 790.00 Check Total: 790.00 -
20668 09/26/2022 General Fund Special Departmental Expense INTERNATIONAL CODE COUNCIL, INC. 192.79 Check Total: 192.79
20669 09/26/2022 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 390.00 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 9
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 390.00
20670 09/26/2022 Internal Service Fund Professional Services JORGENSEN COMPANY 597.68 -
Check Total: 597.68
20671 09/26/2022 Internal Service Fund Operations & Maintenance KELLOGG'S SUPPLY 64.94 Check Total: 64.94 -
20672 09/26/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 267.01 Check Total: 267.01
20673 09/26/2022 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 326.73 Check Total: 326.73
20674 09/26/2022 General Fund Miscellaneous LOOMIS DEPT. 0757 842.75 Check Total: 842.75
20675 09/26/2022 General Fund Business License Tax LUNA'S ROOFING 9.00 Check Total: 9.00
20676 09/26/2022 General Fund Castle Park Deposits ERIKA MALDONADO 200.00 Check Total: 200.00
20677 09/26/2022 Northwood Village LD Professional Services MCCLATCHY COMPANY LLC 18.26 20677 09/26/2022 Orchard Park Estates LD Professional Services MCCLATCHY COMPANY LLC 15.21 20677 09/26/2022 Wildwood Estates LD Professional Services MCCLATCHY COMPANY LLC 5.54 20677 09/26/2022 Woodview Garland LA Professional Services MCCLATCHY COMPANY LLC 3.37 20677 09/26/2022 Shaffer Lakes West LD Professional Services MCCLATCHY COMPANY LLC 8.15 20677 09/26/2022 Woodhaven LD Professional Services MCCLATCHY COMPANY LLC 5.00 20677 09/26/2022 Sierra Parks LD Professional Services MCCLATCHY COMPANY LLC 3.80 20677 09/26/2022 Shaffer Lakes East LD Professional Services MCCLATCHY COMPANY LLC 34.02 20677 09/26/2022 Price Annexation LD Professional Services MCCLATCHY COMPANY LLC 102.74 20677 09/26/2022 Price Annexation LMA Professional Services MCCLATCHY COMPANY LLC 102.59 20677 09/26/2022 Sandlewood Square LD Professional Services MCCLATCHY COMPANY LLC 11.41 20677 09/26/2022 Sandlewood Square LMA Professional Services MCCLATCHY COMPANY LLC 11.41 20677 09/26/2022 Pajaro Dunes LD Professional Services MCCLATCHY COMPANY LLC 6.30 20677 09/26/2022 Pajaro Dunes LMA Professional Services MCCLATCHY COMPANY LLC 6.30 20677 09/26/2022 Redwood Estates LD Professional Services MCCLATCHY COMPANY LLC 12.72 20677 09/26/2022 Redwood Estates LMA Professional Services MCCLATCHY COMPANY LLC 11.63 20677 09/26/2022 Cottage Gardens LD Professional Services MCCLATCHY COMPANY LLC 1.52 20677 09/26/2022 Cottage Gardens ST & LMA Professional Services MCCLATCHY COMPANY LLC 1.52 20677 09/26/2022 Airport Business Park LD Professional Services MCCLATCHY COMPANY LLC 1.96 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20677 09/26/2022 Silva Ranch LD Professional Services MCCLATCHY COMPANY LLC 16.30 20677 09/26/2022 Silva Ranch LNDSCP Professional Services MCCLATCHY COMPANY LLC 16.30 20677 09/26/2022 Mello Ranch LD Professional Services MCCLATCHY COMPANY LLC 16.41 20677 09/26/2022 Mello Ranch LNDSCP Professional Services MCCLATCHY COMPANY LLC 16.41 20677 09/26/2022 Camellia Estates LD Professional Services MCCLATCHY COMPANY LLC 4.13 20677 09/26/2022 Juniper Meadows LD Professional Services MCCLATCHY COMPANY LLC 0.54 20677 09/26/2022 Juniper Meadows LNDSCP Professional Services MCCLATCHY COMPANY LLC 0.54 20677 09/26/2022 Camellia Meadows LD Professional Services MCCLATCHY COMPANY LLC 3.37 20677 09/26/2022 Camellia Meadows LNDSCP Professional Services MCCLATCHY COMPANY LLC 3.37 20677 09/26/2022 Stone Creek LD Professional Services MCCLATCHY COMPANY LLC 20.32 20677 09/26/2022 Stone Creek LNDSCP Professional Services MCCLATCHY COMPANY LLC 20.32 20677 09/26/2022 America West LD Professional Services MCCLATCHY COMPANY LLC 1.41 20677 09/26/2022 America West LNDSCP Professional Services MCCLATCHY COMPANY LLC 1.41 20677 09/26/2022 Bell Crossing LD Professional Services MCCLATCHY COMPANY LLC 20.43 20677 09/26/2022 Bell Crossing LNDSCP Professional Services MCCLATCHY COMPANY LLC 20.43 20677 09/26/2022 Atwater South LO Professional Services MCCLATCHY COMPANY LLC 16.41 20677 09/26/2022 Atwater South LNDSCP Professional Services MCCLATCHY COMPANY LLC 16.41 20677 09/26/2022 Beluga Court LO Professional Services MCCLATCHY COMPANY LLC 0.54 20677 09/26/2022 Mello Ranch 2 LO Professional Services MCCLATCHY COMPANY LLC 14.13 20677 09/26/2022 Mello Ranch 2 LNDSCP Professional Services MCCLATCHY COMPANY LLC 14.13 20677 09/26/2022 Meadow View LO Professional Services MCCLATCHY COMPANY LLC 13.91 20677 09/26/2022 Meadow View LNDSCP Professional Services MCCLATCHY COMPANY LLC 13.91 20677 09/26/2022 Aspenwood LD Professional Services MCCLATCHY COMPANY LLC 4.13 20677 09/26/2022 Aspenwood Lndscp Professional Services MCCLATCHY COMPANY LLC 4.13 20677 09/26/2022 Applegate Ranch LO Professional Services MCCLATCHY COMPANY LLC 1.52 20677 09/26/2022 Applegate Ranch Lndscp Professional Services MCCLATCHY COMPANY LLC 1.52 20677 09/26/2022 Reserve LO Professional Services MCCLATCHY COMPANY LLC 2.17 20677 09/26/2022 Reserve Lndscp Professional Services MCCLATCHY COMPANY LLC 2.17 20677 09/26/2022 Simon Annexation LO Professional Services MCCLATCHY COMPANY LLC 0.35 20677 09/26/2022 Simon Annexation LNDSCP Professional Services MCCLATCHY COMPANY LLC 0.35 20677 09/26/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 96.97 20677 09/26/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 96.97 20677 09/26/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 169.37 20677 09/26/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 203.76 20677 09/26/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 111.45 Check Total: 1,309.44
20678 09/26/2022 General Fund Men's Summer Softball MCNAMARA SPORTS 519.11 20678 09/26/2022 General Fund Coed Summer Softball MCNAMARA SPORTS 343.13 Check Total: 862.24
20679 09/26/2022 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 90.00 20679 09/26/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 120.00 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 11
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20679 09/26/2022 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 60.00 20679 09/26/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 90.00 Check Total: 360.00
20680 09/26/2022 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 692.08 Check Total: 692.08
20681 09/26/2022 General Fund Utilities MERCED IRRIGATION DISTRICT 1,240.01 20681 09/26/2022 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 655.83 20681 09/26/2022 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 182.67 20681 09/26/2022 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.47 20681 09/26/2022 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 436.64 20681 09/26/2022 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 53.49 20681 09/26/2022 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 60.89 20681 09/26/2022 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 30.39 20681 09/26/2022 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 60.89 20681 09/26/2022 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 291.00 20681 09/26/2022 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 17.82 20681 09/26/2022 America West LD Utilities MERCED IRRIGATION DISTRICT 134.92 20681 09/26/2022 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 299.06 20681 09/26/2022 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 17.82 20681 09/26/2022 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 374.44 20681 09/26/2022 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 573.41 20681 09/26/2022 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 660.22 20681 09/26/2022 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 226.33 20681 09/26/2022 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 312.86 20681 09/26/2022 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 17.82 20681 09/26/2022 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 381.95 20681 09/26/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 618.92 20681 09/26/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 5,076.99 ---
Check Total: 11,840.84
20682 09/26/2022 General Fund Special Departmental Expense MINUTEMAN PRESS, MERCED 866.00 Check Total: 866.00
20683 09/26/2022 General Fund Professional Services MUNISERVICES LLC 3,040.56 Check Total: 3,040.56
20684 09/26/2022 Risk Management Fund Professional Services NATION INVESTIGATIONS 4,500.00 Check Total: 4,500.00
20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 126.11 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 12
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20685 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 25.94 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 10.70 20685 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 35.71 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -33.17 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 265.33 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 38.69 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 146.13 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 46.40 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 18.39 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 595.36 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -205.09 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 86.17 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 269.92 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 303.04 20685 09/26/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 15.58 20685 09/26/2022 Internal Service Fund Small Tools O'REILLY AUTO PARTS 21.63 Check Total: 1,766.84
20686 09/26/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 40.26 20686 09/26/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 22.65 20686 09/26/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 90.09 20686 09/26/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 2,358.43 20686 09/26/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 114.03 20686 09/26/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 1,068.69 20686 09/26/2022 General Fund Utilities PACIFIC GAS & ELECTRIC -329.02 20686 09/26/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 207.58 20686 09/26/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 16,214.70 20686 09/26/2022 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 274.91 20686 09/26/2022 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 123.25 20686 09/26/2022 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 36.77 20686 09/26/2022 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 12.04 20686 09/26/2022 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 40.08 20686 09/26/2022 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 13.24 20686 09/26/2022 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 64.11 20686 09/26/2022 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC I 61.95 20686 09/26/2022 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 698.97 20686 09/26/2022 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 21.67 20686 09/26/2022 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 19.25 20686 09/26/2022 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 15.35 20686 09/26/2022 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 62.19 20686 09/26/2022 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 43.60 20686 09/26/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 82,163.61 20686 09/26/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 3,397.01 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 13
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20686 09/26/2022 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 8,434.32 Check Total: 115,369.73
20687 09/26/2022 General Fund Special Departmental Expense PRO FORCE 381.29 20687 09/26/2022 General Fund Machinery & Equipment PRO FORCE 2,237.23 Check Total: 2,618.52
20688 09/26/2022 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 2,610.33 Check Total: 2,610.33
20689 09/26/2022 Water Enterprise Fund Professional Services QUALITY WELL DRILLERS 2,808.00 20689 09/26/2022 Water Enterprise Fund Professional Services QUALITY WELL DRILLERS 9,200.00 20689 09/26/2022 Water Enterprise Fund Professional Services QUALITY WELL DRILLERS 2,028.00 Check Total: 14,036.00
20690 09/26/2022 Water Enterprise Fund Communications RADIO MERCED 1,000.00 20690 09/26/2022 Sewer Enterprise Fund Communications RADIO MERCED 2,000.00 20690 09/26/2022 Sanitation Enterprise Communications RADIO MERCED 1,000.00 Check Total: 4,000.00
20691 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense RDO EQUIPMENT CO 399.19 Check Total: 399.19
20692 09/26/2022 General Fund Special Departmental Expense RDRGEAR 584.65 Check Total: 584.65
20693 09/26/2022 SB I-Road Maint & Rehab RMRA Almador Terr&Harbor Dr.Crack/S ROLFE CONSTRUCTION 50,000.00 Check Total: 50,000.00
20694 09/26/2022 Internal Service Fund Professional Services ROTO ROOTER PLUMBERS 566.26 Check Total: 566.26
20695 09/26/2022 Internal Service Fund Professional Services RXCW ATWATER CORP. 546.00 Check Total: 546.00
20696 09/26/2022 General Fund Training SENTINEL DEFENSE, LLC 1,125.00 Check Total: 1,125.00
20697 09/26/2022 General Fund Planning Deposits SHANNON'S MINI MART 529.57 Check Total: 529.57 ✓
AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 14
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20698 09/26/2022 Water Enterprise Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 62.59 20698 09/26/2022 Water Enterprise Fund Special Departmental Expense SHERWIN-WILLIAMS CO. -54.93 Check Total: 7.66
20699 09/26/2022 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 20,906.78 ---
Check Total: 20,906.78
20700 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 567.94 Check Total: 567.94
20701 09/26/2022 General Fund Special Departmental Expense NATALIE SOBALVARRO 275.00 Check Total: 275.00
20702 09/26/2022 Internal Service Fund Special Departmental Expense STATE PRO BUILDERS INC. 1,300.00 ---
Check Total: 1,300.00
20703 09/26/2022 Water Enterprise Fund Special Departmental Expense STATE WATER RESOURCES CONTROL BOARD 60.00 Check Total: 60.00
20704 09/26/2022 General Fund Professional Services STERICYCLE, INC. 35.96 Check Total: 35.96
20705 09/26/2022 General Fund Special Departmental Expense SUN RIDGE SYSTEMS 113,601.00 Check Total: 113,601.00
20706 09/26/2022 General Fund Professional Services SUN VALLEY PORTABLE RESTROOMS INC. 1,360.00 Check Total: 1,360.00
20707 09/26/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,097.87 20707 09/26/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,092.80 Check Total: 2,190.67
20708 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I TANGRAM 579.11 20708 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 TANGRAM 107,099.40 Check Total: 107,678.51
20709 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I TANGRAM TECHNOLOGY 2,536.31 Check Total: 2,536.31 --
20710 09/26/2022 Water Fund Capital Replacement Project Retention TECHNO COATINGS, INC. -3,431 .30 20710 09/26/2022 Water Fund Capital Replacement Water Tower Painting TECHNO COATINGS, INC. 68,626.00 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 15
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 65,194.70
20711 09/26/2022 General Fund Professional Services THE RADAR SHOP 654.00 Check Total: 654.00
20712 09/26/2022 General Fund Special Departmental Expense THE SIGN GUYS 1,979.00 20712 09/26/2022 Internal Service Fund Improvements Other Than Bldg THE SIGN GUYS 6,204.27 Check Total: 8,183.27
20713 09/26/2022 General Fund Cannabis Deposits THREE HABITAT CONSULTING LLC 11,302.80 Check Total: 11,302.80 .
20714 09/26/2022 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 5,891.01 Check Total: 5,891.01
20715 09/26/2022 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 33.00
20716 09/26/2022 Internal Service Fund Operations & Maintenance TURF STAR, INC. 413.84 20716 09/26/2022 Internal Service Fund Operations & Maintenance TURF STAR, INC. 251.59 Check Total: 665.43
20717 09/26/2022 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE I ,363.20 20717 09/26/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 433.63 20717 09/26/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,652.12 Check Total: 4,448.95
20718 09/26/2022 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,300.00 Check Total: 1,300.00
20719 09/26/2022 Internal Service Fund Operations & Maintenance VAN DE POL 13,715.57 20719 09/26/2022 Internal Service Fund Operations & Maintenance VAN DE POL 14,826.50 Check Total: 28,542.07
20720 09/26/2022 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATINC 169,293.23 --
Check Total: 169,293.23
20721 09/26/2022 General Fund Communications VERIZON WIRELESS 1,006.87 20721 09/26/2022 General Fund Communications VERIZON WIRELESS 1,048.70 20721 09/26/2022 Public Safety Trans & Use Tax Communications VERIZON WIRELESS 121.50 20721 09/26/2022 Abandoned Yeh Abatement Fund Communications VERIZON WIRELESS 81.00 AP-Checks for Approval (9/22/2022 - 11 :2 I AM) Page 16
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20721 09/26/2022 General Fund Communications VERIZON WIRELESS 139.37 20721 09/26/2022 General Fund Communications VERIZON WIRELESS 101.36 20721 09/26/2022 General Fund Communications VERIZON WIRELESS 50.68 20721 09/26/2022 General Fund Communications VERIZON WIRELESS 50.68 20721 09/26/2022 General Fund Communications VERIZON WIRELESS 202.72 20721 09/26/2022 General Fund Communications VERIZON WIRELESS 80.69 20721 09/26/2022 General Fund Communications VERIZON WIRELESS 131.68 20721 09/26/2022 Gas Tax/Street Improvement Communications VERIZON WIRELESS 283.72 20721 09/26/2022 Water Enterprise Fund Communications VERIZON WIRELESS 478.18 20721 09/26/2022 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.01 20721 09/26/2022 Sewer Enterprise Fund Communications VERIZON WIRELESS 649.19 20721 09/26/2022 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.01 20721 09/26/2022 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.39 20721 09/26/2022 Internal Service Fund Communications VERIZON WIRELESS 50.68 20721 09/26/2022 Internal Service Fund Utilities VERIZON WIRELESS 80.02 20721 09/26/2022 Internal Service Fund Communications VERIZON WIRELESS 101.36 20721 09/26/2022 Information Technology Fund Communications VERIZON WIRELESS -55.28 Check Total: 4,721.53 -
20722 09/26/2022 General Fund Business License Tax VERNON ROOFING 9.00 Check Total: 9.00
20723 09/26/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 2,001.26 Check Total: 2,001.26
20724 09/26/2022 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 1,062.36 20724 09/26/2022 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 137.64 Check Total: 1,200.00
20725 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 96.73 Check Total: 96.73
20726 09/26/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I LORI WATERMAN 16.23 Check Total: 16.23 ✓
20727 09/26/2022 General Fund Youth Flag Football JAMI WATSON 20.00 Check Total: 20.00
20728 09/26/2022 General Fund Maint. Buildings & Grounds WEEDMAN 1,392.00 Check Total: 1,392.00
20729 09/26/2022 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 48.48 AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 17
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20729 09/26/2022 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 75.41 20729 09/26/2022 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 18.77 20729 09/26/2022 Internal Service Fund Special Departmental Expense WINTON HARDWARE 8.48 Check Total: 151.14 ,..-
20730 09/26/2022 General Fund Special Departmental Expense WORK WELLNESS 513.00 20730 09/26/2022 General Fund Special Departmental Expense WORK WELLNESS 620.00 Check Total: 1,133.00 ,,,,.-
---
---
Report Total: 1,230,328.68
AP-Checks for Approval (9/22/2022 - 11 :21 AM) Page 18
CITY OF ATWATER
CITY COUNCIL
ACTION MINUTES
July 11, 2022
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:05 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Pro Tem Cale presiding.
ROLL CALL:
Present: City Council Members Ambriz, Button, Mayor Pro Tem Cale
Absent: City Council Member Raymond, Mayor Creighton
Staff Present: City Manager Waterman, City Attorney Splendorio, Community Development Director Thompson (5:08 PM) Deputy City Clerk Martin
CLOSED SESSION: (Conference Room A)
Mayor Pro Tem Cale invited public comment on Closed Session items.
No one came forward to speak.
Mayor Pro Tem Cale adjourned the meeting to Conference Room A for Closed Session at 5:07 PM. Closed Session was called to order at 5:09 PM.
Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator regarding price and terms of payment. Agency Negotiators: Community Development Director Thompson and City Manager Waterman. Negotiating Parties: Roberto H. and Maria Elena Carbajal
City Council Meeting Action Minutes for July 11, 2022 Page 2 Property Locations: APN 156-060-006
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
Closed Session adjourned at 6:03PM.
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:07 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Pro Tem Cale presiding.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by Planning Commissioner Chair Mike Nelson.
INVOCATION:
The Invocation was led by Lance Corporal Carlos Davadi.
ROLL CALL:
Present: City Council Members Ambriz, Button, Raymond, Mayor Pro Tem Cale
Absent: Mayor Creighton
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Community Development Director Thompson,
Finance Director Youmara, Public Works Director Vinson, 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
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: City Council Member Button moved to approve the agenda as posted.
The motion was seconded by City Council Member Raymond and the vote was: Ayes: Ambriz, Button, Raymond, Cale; Noes: None; Absent: Creighton.
The motion passed.
City Council Meeting Action Minutes for July 11, 2022 Page 3 CEREMONIAL MATTERS:
Recognition - CAL FIRE Battalion Chief/Fire Marshal
Mayor Pro Tem and the City Council Members recognized the newly appointed CAL FIRE Battalion Chief/Fire Marshal: Blaine Lopes.
Recognition - Retirement of Police Officer
Mayor Pro Tem and the City Council Member recognize the retirement of Police Officer Darin Jantz.
Oath of Office - Police Officer
Police Chief Salvador administered the oath of office to the newly appointed Police Officer: Alejandro Salazar.
Recess was taken at 6:29 pm City Council returned to the Dias at 6:44 pm.
CONSENT CALENDAR:
Agenda item #6 under Resolutions, " Approving Regional Surface Transportation Program Exchange Funds Claim for Fiscal Year 2021-22 " was removed from the Consent Calendar and placed on the next agenda.
MOTION: City Council Member Raymond moved to approve the Consent Calendar as amended. The motion was seconded by City Council Member Button and the vote was: Ayes: Ambriz, Button, Raymond Cale; Noes: None; Absent: Creighton.
The motion passed.
WARRANTS:
1. July 11, 2022
ACTION: Approval of warrants as listed.
MINUTES: (City Council)
2. a) June 27, 2022 – Regular meeting
b) July 2, 2022 – Special meeting
ACTION: Approval of minutes as listed.
RESOLUTIONS:
3. Adopting Updated Conflict of Interest Code (City Clerk Armstrong)
City Council Meeting Action Minutes for July 11, 2022 Page 4 ACTION: Adoption of Resolution No. 3329-22 amending the City of Atwater’s Conflict of Interest Code.
4. Approving Budget Amendment Appropriating Funds for the Existing and Expanded Lease-Purchase of the Body Camera System and Approving Equipment/Software Lease-Purchase Agreement with Axon Taser for the lease-purchase of an expanded Body Camera System (Police Chief Salvador)
ACTION: Adoption of Resolution No. 3333-22 approving Budget Amendment No. 1 amending the Fiscal Year 2022-23 Budget regarding appropriating funds in the amount of $40,000 to the Fiscal Year 2022-23 General Fund Police Department Budget; approval of an addendum to the current Five-Year Lease-Purchase Agreement, in a form approved by the City Attorney, with Axon Taser of Arizona, in the amount not to exceed $54,319.09 over a 4-year period for the expansion of the Police Department's Current Body Camera System; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.
5. Authorizing Submittal of Grant Application to San Joaquin Air Pollution Control District for Public Benefit Grant, New Alternative Fuel Vehicle Program (Police Chief Salvador)
ACTION: Adoption of Resolution No. 3325-22 authorizing submittal of a grant application to the San Joaquin Air Pollution Control District Alternative Public Benefit Grant, Alternative Fuel Vehicle Program; and authorizes and directs the City Manager to execute all documents on behalf of the City.
6. Approving Regional Surface Transportation Program Exchange Funds Claim for Fiscal Year 2021-22 (Community Development Director Thompson) ACTION: Adoption of Resolution No. 3328-22 authorizing and directing the City Manager to execute and file the Regional Surface Transportation Program (RSTP) Exchange Funds Claim for Fiscal Year 2021-22.
AGREEMENTS:
7. Approving Equipment/Software Lease-Purchase Agreement with Axon Taser for the lease-purchase of a Less Lethal Weapons System (Police Chief Salvador) ACTION: Approval of a Five-Year Lease-Purchase Agreement, in a form approved by the City Attorney, with Axon Taser of Arizona, in the amount not to exceed $187,716 over a 5-year period for the lease-purchase of a less Lethal Weapons System; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.
City Council Meeting Action Minutes for July 11, 2022 Page 5
PUBLIC HEARINGS
Public Hearing for 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Police Chief Salvador)
Police Chief Salvador provided background information on this item.
Mayor Pro Tem Cale opened the Public hear on this item.
No one came forward to speak, and Mayor Pro Tem Cale closed the public hearing.
MOTION: City Council Member Raymond moved to adopt Resolution No. 3326-22, authorizing the grant application in the amount of $13,726.00 to the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance’s 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and authorizing and directing the City Manager to execute Grant Application, amendments, and all documents related to the grant, on behalf of the City, including administration, if awarded. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Button, Raymond, Ambriz, Cale; Noes:
None; Absent: Creighton. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Presentation regarding City of Atwater Fiscal Revenue Analysis of Commercial Cannabis and Related Recommendations, and Possible Direction to Staff regarding changes to the City's Cannabis Program
City Manager Waterman provided background information on this item and introduced Community Development Director Thompson and HdL, Mark Lovelace (Senior Policy Advisor) to provide a presentation.
HdL provided background information regarding the City of Atwater Cannabis Program.
Finance Director Youmara provided background regarding staff’s recommendation.
Council Member Raymond spoke regarding the movement of the changes to the City's Cannabis Program.
Police Chief Salvador spoke to the concerns and questions regarding possible crime surrounding Cannabis businesses.
Mayor Pro Tem Cale spoke regarding the presentation and asked for clarification on several items.
City Council Meeting Action Minutes for July 11, 2022 Page 6 Council Member Button spoke regarding the concerns of the residents and asked there be movement of the current program.
One person spoke regarding the presentation.
MOTION: City Council Member Raymond moved to provide direction to staff Migrate the pilot program into the permanent cannabis business program and sundown the existing development agreements in favor of a similar sales tax structure as presented by HdL. Set tax rates to be competitive with our surrounding service area and adjust cannabis ordinance as necessary to ensure that both the initial and annual permit fees for cannabis businesses are competitive with other jurisdictions in addition to recouping costs for maintaining the highly regulated program. It is worthy of consideration to have City staff investigate if it is viable to have Cannabis retail in other areas of the City. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Button, Ambriz, Cale, Creighton; Noes: None; Absent: Creighton. The motion passed.
Presentation by FM3 Research regarding tracking survey results, and discussion and possible direction regarding Public Safety Use Tax renewal measure.
City Manager Waterman provided background information on this item and introduced Curt Below with FM3 Research to provide a presentation.
One person spoke regarding the presentation.
One person spoke regarding the presentation and questions about the content and funds regarding the measure.
Two residents spoke regarding the tracking survey results.
One person spoke regarding the presentation.
One person spoke regarding the presentation and funding of the measure.
One person spoke regarding the presentation and the tracking survey results.
One person spoke (via zoom) regarding the presentation.
Mayor Pro Tem spoke regarding the presentation stated that the presentation was in line with most cities.
City Council Member Ambriz spoke regarding the measure and possible direction for the future Public Safety Measure.
City Council Member Button spoke regarding the tracking survey results and possible direction for future Public Safety Measure.
City Council Meeting Action Minutes for July 11, 2022 Page 7 Council Member Button spoke regarding the tracking survey results and the direction for future Public Safety Measure.
MOTION: Mayor Pro Tem Cale moved to extend the ½ cent Public Safety Sales Tax without a sunset on the ballot for the November 8, 2022 General Municipal Election.
The motion was seconded by City Council Member Ambriz and the vote was: Ayes:
Ambriz, Cale; Noes: Button, Raymond; Absent: Creighton. The motion failed.
MOTION: City Council Member Button moved to place the one cent Public Safety Sales Tax without a sunset on the ballot for the November 8, 2022 General Municipal Election. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Button, Raymond, Ambriz, Cale; Noes: None; Absent:
Creighton. The motion passed.
City Attorney Splendorio clarified this is direction for staff to prepare the materials for placement of the one cent Public Safety Sales Tax without a sunset on the ballot for the November 8, 2022 General Municipal Election.
CITY MANAGER REPORTS/UPDATES:
City Manager Updates
City Manager Waterman reported the following:
The passing of James Heller previous City of Atwater Treasurer.
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
One person spoke regarding the drought and water regulations.
One person spoke regarding water usage at a business.
One person spoke regarding various topics with code enforcement.
One person spoke regarding the 4th of July festivities.
One person spoke regarding various topics with code enforcement.
One person spoke regarding various topics in the city.
One person spoke regarding their appreciation for the city.
One person spoke regarding community involvement.
City Council Meeting Action Minutes for July 11, 2022 Page 8 One person spoke and asked for clarification regarding the previous motion.
No one else came forward to speak.
CITY COUNCIL MATTERS:
City Council comments
City Council Member Button spoke regarding restarting Neighborhood Watch, getting out and walking your dog and safety in your community. He briefly spoke regarding the measure.
City Council Member Ambriz thanked the 4th of July committee for the hard work and all those that were involved for the great 4th of July festivities.
City Council Member Raymond had nothing to report.
Mayor Pro Tem Cale spoke regarding a young man that graduated from Atwater High School named Thomas Garner that applied to all four Military Academies and was accepted to all four. He also spoke regarding the great job by the 4th of July committee.
ADJOURNMENT:
Mayor Pro Tem adjourned the meeting at 9:21 PM.
________________________________
JANELL MARTIN
DEPUTY CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING DATE: September 26, 2022
TO: Mayor and City Council
FROM: Delilah Youmara, Finance Director
PREPARED BY: Delilah Youmara, Finance Director
SUBJECT: Approving Budget Amendment No. 3 amending Fiscal Year 2022-23 Budget regarding the 5-Year Capital Improvement Program and ARPA-American Rescue Plan Act Fund
Expenditures (Finance Director Youmara)
RECOMMENDED COUNCIL ACTION
Adopt Resolution No. 3344-22, approving Budget Amendment No. 3 amending the 2022-2023 Fiscal Year Budget pertaining to the 5-Year Capital Improvement Program and ARPA-American Rescue Plan Act Fund; and amends the 5-Year Capital Improvement Program to reflect the budget amendments contained in Resolution No. 3344-22.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
The City Council of the City of Atwater adopted Resolution No. 3317-22 adopting the 2022-2023 Fiscal Year Budget on June 27, 2022, which included adoption of the 5-Year Capital Improvement Program (CIP) for all funds and the ARPA-American Rescue Plan Act Fund.
The 2022-2023 Fiscal Year Budget was developed by city staff during the months of May and June 2022 and was based upon the most current financial information available at that time.
Fiscal Year 2021-2022 ended on June 30, 2022 and there are several Capital Improvement Projects still underway that will be completed during Fiscal Year 2022- 2023. The unexpended budget appropriations remaining in the Fiscal Year 2021-2022 Budget at June 30, 2022 need to be reappropriated in the Fiscal Year 2022-2023 Budget so the projects can be finished, and the project expenditures recorded in the proper accounting period.
During the development of the 2022-2023 Fiscal Year Budget, the ARPA-American Rescue Plan Act Fund budget appropriations were estimated using the current financial information available at that time. The ARPA fund will need to be trued up to ensue the
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
budget reflects the remaining amount of unused funds.
ANALYSIS:
In addition to the reappropriation of unexpended project appropriations at June 30, 2022 for CIP projects currently underway or still under construction at FYE 2022, there are some CIP projects where the appropriation needs to be decreased in the Adopted Fiscal Year 2022-2023 Budget to bring into line with the approved project appropriations established/adopted in the Fiscal Year 2021-2022 Budget.
The table below contains the CIP projects currently underway or still under construction at FYE 2022 with remaining appropriations to be carried over to FY 2022-2023, in fund order. The table also includes the ARPA Fund appropriations that needed to be increased due to having budget available at the end of 6/30/2022. A Manlift Truck purchase has been added in order to fund the purchase. This alleviates the Water Fund from this purchase.
Dept Account Project Description Amount to be
Reappropriated
1080 L001 Traffic Signal Synchronization $26,630
1080 U004 Phase 1 Ped Imp Proj Downtown $38,665
1080 U005 Phase 2 Ped Imp Proj Downtown $3,321
1080 V017 Bellevue Road Realignment $4,370
1080 V029 HVAC Retrofit Systems PD Dept $12,502
1080 V038 Memorial Ball Park Parkng Lot (Cedar & First) $115,000 1080 W003 Station 41 Flooring $20,000
6060 2079 Recreation & Community Events $3,000
6060 3030 Professional Services - JaniTek $14,759
7010 6021 Machinery & Equipment-Manlift Truck Purchase $180,000 1080 L001 Traffic Signal Synchronization $5,000
1080 M007 Fruitland Ave Rd Improvements $42,314
The following CIP Projects require the appropriation to be decreased in the Adopted Fiscal Year 2022-23 Budget to align with the approved project budgets that were established/adopted in the Fiscal Year 2021-2022 Budget, in fund order. The table also includes the ARPA Fund appropriations that needed to be decreased due to having more expenditures than estimated at the end of 6/30/2022. Some items have also been decreased to be budgeted on the 2nd tranche of ARPA funding.
Fund Dept Account Project Description Amount
Appropriation
be decreased
Agenda Report - Page 3
0003 1080 U005 Phase 2 Ped Imp Proj Downtown ($1,76
0003 1080 U006 Phase 3 Ped Imp Proj Downtown ($3,82
0008 1080 U004 Phase 1 Ped Imp Proj Downtown ($8,48
1010 1050 1029 COVID Related Employment Exp ($79,05
1010 1050 3030 Professional Services-Kiosk Subscription ($21,60 1010 1050 3036 Memberships & Subscriptions -Zoom Membership ($96 1010 1080 U007 City Bldg - Civic Center #1 ($310,65
1010 1080 U001 City Bldg - Civic Center #2 ($66,04
1010 1080 V023 Police Dept Access Control ($12,50
1010 1080 V026 Fire Station 41 Access Control ($10,00
1010 1080 V027 Fire Station 42 Access Control ($10,00
1010 1080 V028 Payment Kiosks (Hard/Software) ($137,70
1010 1080 V036 City-Wide Lighting ($20,70
1010 1080 V037 City-Wide Security ($26,49
1010 1080 V039 Osborn Park Renovation ($5,50
1010 1080 W004 Station 41 New Bay Doors ($115,00
6001 1080 V011 Property Acq.-Future Well Site ($150,00
6001 1080 V042 Install Water Tower Lights ($105,88
6010 1080 V012 Water Well Replacement @ WWTP ($16,92
6010 1080 V016 Industry Stat CMU Wall Install ($406,72
II. FISCAL IMPACTS:
The reappropriation of unexpended project budgets/appropriations (remaining at 6/30/22) in the Fiscal Year 2022-2023 Budget, will not have a fiscal impact on the City’s overall financial position as total project costs/expenses approved by Council for each respective project aren’t increased by this action. This action allows the remaining project budgets to be reappropriated or carried over to the subsequent fiscal year for completion of each respective project.
The reduction of project budgets/appropriations in the Fiscal Year 2022-23 Adopted Budget will also not have a fiscal impact on the City’s overall financial position as the decreasing of appropriations to the approved project budget/amounts will bring the project appropriations in line with what the Council previously approved for each respective project.
The increase and decrease in ARPA Fund appropriations will ensure only the unused ARPA funds have been re-appropriated.
This item has been reviewed by the Finance Department.
Agenda Report - Page 4
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
This item is consistent with goal number one (1) of the City's 2020-2025 Strategic Plan:
to ensure the City's continued financial stability.
V. ALTERNATIVES:
Should the City Council choose not to adopt Resolution No. 3344-22, approving Budget Amendment No. 3 amending the Fiscal Year 2022-2023 Budget, this would result in the termination of all CIP projects currently underway due to the lack of approved appropriation. Staff does not recommend this alternative.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is considered an exempt activity under provision of the California Environmental Quality Act (CEQA) under Section 15301 “existing facilities," therefore not subject to further analysis. Further, any other necessary or required environmental review will occur prior to any specific project approval.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council adoption of Resolution No. 3344-22, approving Budget Amendment No. 3, staff will amend 2022-23 Fiscal Year Budget pertaining to the 5-Year Capital Improvement Program and ARPA-American Rescue Plan Act Fund expenditures.
Submitted by:
Delilah Youmara, Finance Director
Approved by:
Lori Waterman, City Manager
Agenda Report - Page 5
Attachments:
1. Resolution No 3344-22 Budget Amend No 3 carry over and adjust CIP approps
2. FY 22-23 CIP Reappropriation Reso 3344-22 Exhibit A
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3344-22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 3 AMENDING 2022-2023
FISCAL YEAR BUDGET REGARDING VARIOUS
EXPENDITURE ACCOUNTS PERTAINING TO
THE CAPITAL IMPROVEMENT PROGRAM
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3317-22 adopting the 2022-2023 Fiscal Year Budget on June 27, 2022; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget; and
WHEREAS, the Fiscal Year 2022-23 Budget was compiled in April and May of 2022 utilizing the best information available at that time requiring estimates to be used during the development of the City’s 5-Year Capital Improvement Program (CIP); and WHEREAS, now that the actual expenditures are known at FYE 2022, some of the Capital Improvement Project appropriations need to be decreased in the Fiscal Year 2022-2023 Adopted Budget to bring into line with the approved project appropriations established in the Fiscal Year 2021-2022 Budget; and
WHEREAS, some of the Capital Improvement Projects adopted in the City’s 5-Year Capital Improvement Program (CIP) for Fiscal Year 2021-2022 were not completed at FYE 2022 and the remaining budgets for each respective project need to be reappropriated in the 2022-2023 Fiscal Year Budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve Budget Amendment No. 3 to the 2022-2023 Fiscal Year Budget as follows:
SECTION 1: Amend Fiscal Year 2022-2023 budget for accounts as listed in Exhibit “A” to this Resolution.
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/Board Clerk’s office.
Resolution No. 3344-22 Page 2
The foregoing resolution is hereby adopted this 26th day of September 2022.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________
LUCY ARMSTRONG, CITY CLERK
Exhibit "A"
Resolution 3344-22
General Fund Capital Action Fund Dept Account Change +/(-) Revenue
CMAQ Gt-TrafficSignalSynchrztn Establish 0003 0000 3168 $31,630 Expenditure
Traffic Signal Synchronization Increase 0003 1080 L001 $26,630 Phase 1 Ped Imp Proj Downtown Increase 0003 1080 U004 $38,665 Phase 2 Ped Imp Proj Downtown Decrease 0003 1080 U005 ($1,764) Phase 3 Ped Imp Proj Downtown Decrease 0003 1080 U006 ($3,825) Measure V 20% AlternativeModes
Expenditure
Phase 1 Ped Imp Proj Downtown Decrease 0008 1080 U004 ($8,489) Phase 2 Ped Imp Proj Downtown Increase 0008 1080 U005 $3,321 Measure V Regional Fund
Expenditure
Bellevue Road Realignment Increase 0010 1080 V017 $4,370 ARPA-American Rescue Plan Act
Expenditure
COVID Related Employment Exp Decrease 1010 1050 1029 ($79,057) Professional Services-Kiosk Subscription Decrease 1010 1050 3030 ($21,600) Memberships & Subscriptions -Zoom Membership Decrease 1010 1050 3036 ($966) City Bldg - Civic Center #1 Decrease 1010 1080 U007 ($310,653) City Bldg - Civic Center #2 Decrease 1010 1080 U001 ($66,048) Police Dept Access Control Decrease 1010 1080 V023 ($12,502) Fire Station 41 Access Control Decrease 1010 1080 V026 ($10,000) Fire Station 42 Access Control Decrease 1010 1080 V027 ($10,000) Payment Kiosks (Hard/Software) Decrease 1010 1080 V028 ($137,700) HVAC Retrofit Systems PD Dept Establish 1010 1080 V029 $12,502 City-Wide Lighting Decrease 1010 1080 V036 ($20,700)
City-Wide Security Decrease 1010 1080 V037 ($26,495)
Memorial Ball Park Parkng Lot (Cedar & First) Increase 1010 1080 V038 $115,000 Osborn Park Renovation Decrease 1010 1080 V039 ($5,500) Station 41 Flooring Increase 1010 1080 W003 $20,000
Station 41 New Bay Doors Decrease 1010 1080 W004 ($115,000) Recreation & Community Events Increase 1010 6060 2079 $3,000 Professional Services - JaniTek Increase 1010 6060 3030 $14,759 Machinery & Equipment-Manlift Truck Purchase Establish 1010 7010 6021 $180,000 RSTP-Regional Surf Transp Prog
Expenditure
Traffic Signal Synchronization - Reappropriation from previous FY Establish 1017 1080 L001 $5,000 Water Fund Capital Replacement
Expenditure
Property Acq.-Future Well Site Decrease 6001 1080 V011 ($150,000) Install Water Tower Lights Decrease 6001 1080 V042 ($105,880)
Sewer Enterprise Fund
Expenditure
Fruitland Ave Rd Improvements - Reappropriation from previous FY Establish 6010 1080 M007 $42,314 Water Well Replacement @ WWTP Decrease 6010 1080 V012 ($16,927) Industry Stat CMU Wall Install Decrease 6010 1080 V016 ($406,722)
CITY COUNCIL
AGENDA REPORT
MEETING DATE: September 26, 2022
TO: Mayor and City Council
FROM: Justin Vinson
PREPARED BY: Ana Jaramillo, Administrative Assistant II SUBJECT: Waiving the Formal Procurement Process and awarding a sole source purchase to Exeloo Corporation, of San Luis Obispo, California for purchase of Exeloo Jupiter Automated Twin Cubicle Restroom for Osborn Park (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Waive the Formal Procurement Process and award a sole source purchase to Exeloo Corporation of San Luis Obispo, California for purchase of Exeloo Jupiter Automated Twin Cubicle Restroom for Osborn Park upgrades, in an amount not to exceed $222,021; and authorize and direct the City Manager, or her designee, to execute the Purchase Order on behalf of the City.
I. BACKGROUND/ANALYSIS:
In 1973, the City of Atwater constructed bathrooms at Osborn Park. In 2021, the bathrooms have exceeded their lifespan and were removed with the intention of rebuilding the bathrooms to meet ADA and health and safety standards. Currently, the City has placed portable restrooms at Osborn Park as a temporary measure to provide restrooms for the use of the public during recreational events at the park.
On March 28, 2022, the Council adopted Resolution No. 3304-22 approving the submittal of a grant application to California Department of Parks and Recreation for Per Capita Grant funds and were successful in obtaining $177,952. At the same Council Meeting, staff presented different bathroom options to the council and the Council chose to go with Exeloo Jupiter 22 DD Fully Automated Twin Cubicle Restroom.
Staff has moved forward with the design of the foundation and utility plans for the bathrooms with its on-call engineering consultants. Concurrently, staff reached out to Exeloo to obtain an estimated timeframe for the delivery of the bathrooms once a Purchase Order has been approved. Exeloo stated that currently the delivery time is 24-28 weeks once they receive the Purchase Order. Staff is requesting to move
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
forward with procurement prior to soliciting a call for bids on the construction of the bathrooms to ensure the bathrooms will be ready when the City is ready for installation.
Generally, the Atwater Municipal Code (AMC) requires all purchases which exceed $25,000 in price to be competitively bid through the City’s centralized purchasing requirements. However, AMC section 3.04.110 expressly provides that the centralized purchasing requirements may be dispensed with for sole source purchases. As detailed below, the exception applies to this purchase, allowing the Council to waive the formal, centralized purchasing requirements.
Sole Source
AMC 3.04.110(C) lists sole source purchases as an exemption to the formal, centralized purchasing procedures. One of the qualifications for a sole source purchase is that the product “has been proven to be the only product that is acceptable.” Further, the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases (page 17),” states that the City’s bidding procedures may be dispensed when it qualifies as a sole source due to the fact that any of the following apply:
1. The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or
2. The item or service is unique and available only from a sole source; or
3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.
The bathrooms that were selected by the Council at the March 28th council meeting are unique and only available from Exeloo Corporation.
II. FISCAL IMPACTS:
There are sufficient funds available in the 2022/2023 Fiscal Year Budget Account Number 1010-1080-V039 ARPA-American Rescue Plan Act Fund and 1020-1080-V039 Parks and Recreation Fund for the required purchase. The Grant Revenue is budgeted in the Parks and Recreation Fund account number 1020-0000-3153.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
The item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
Agenda Report - Page 3
V. ALTERNATIVES:
VI. INTERDEPARTMENTAL COORDINATION:
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
The proposed action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The proposed project involves the operation, maintenance, leasing, licensing or minor alteration of existing public facilities, with construction of minor appurtenant structures involving negligible or no expansion of use and no possibility of significantly impacting the physical environment. Accordingly, the proposed action qualifies under Class 1 and Class 3 Categorical Exemptions (Sections 15301 and 15303 of the State CEQA Guidelines).
IX. STEPS FOLLOWING APPROVAL:
The Public Works Department will coordinate with Administration and Finance to execute the Purchase Order.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Lori Waterman, City Manager
Agenda Report - Page 4
Attachments:
1. Jup 22 DD Osborne Park 7.25.2022 Quote
QUOTATION DETAIL
25-Jul-22
1 Exeloo Jupiter Automated Twin Toilet
JUP22DD
$185,000 $185,000
1 Baby Change Recessed Stainless Steel $2,400 $2,400
2 Disposal Chute - Large $1,400 $2,800
2 Sharps Disposal Chute $500 $1,000
1 HCD Plan Use Fee $1,500 $1,500
UNIT TOTAL $192,700
Estimated Delivery
1 Delivery to Site incl Cranage $12,400
ESTIMATED DELIVERED TOTAL $205,100
Atwater Tax Rate 8.25% $16,921
ESTIMATED DELIVERED TOTAL incl TAX $222,021
1 Futurewood Battens Vertical 14,200
1 Photo Film Cladding - Multi units $8,500
PROPOSED EXELOO JUPITER FULLY AUTOMATED TWIN CUBICLE RESTROOM FOR: OSBORNE PARK- CITY OF ATWATER
Selected Optional Items
Inclusions | Exeloo Responsibility
Optional Items
This quotation expires 5pm 25th, September, 2022
Toilet Unit
Delivery
Construction
Floor
Frame
Roof
Exterior Walls
Roof Installation - To be completed on site, GC budget for 3 men 5 hours Delivery to site or depot including cranage
Reinforced concrete
DuraGal steel frame
Skillion - Structural Insulated Panels (SIP) 3" foam core roof Compressed fiber cement sheet with epoxy paint
Control Level - Fully Automated
Delay or disruption resulting from compliance to directives issued under section 11 of the COVID-19 Public Health Response Act 2020 Delay or disruption from industrial action beyond the reasonable control of Exeloo
Building consents costs
Site plan
Foundations
Exeloo Jupiter Automated Twin Toilet JUP22DD
Associated existing building alterations and restorations Supply and installation of power, water, sewerage and stormwater facilities
Exeloo Jupiter Automated Twin Toilet JUP22DD
Exclusions | Customer Responsibility
Structural design and engineering of toilet
HCD CA Approval
Design and associated drawings
This quotation expires 5pm 25th, September, 2022
Control System
Touch Screen
Controller
Usage Statistics
Automated Flush
Electric Buttons
Door Locking
Auto-wash
Night Time Locking
on Time Lock
Timed Occupation
Loiter Alarm
Voice Messages
Music /
Announcements
Interior Floors
Interior Walls
Door System
Door Closer
Door Locking
Emergency Button
Interior Ceiling
Ventilation
Flush System
Electric locking with automatic doors and illuminated electric buttons Internal emergency door release button in each cubicle - standard on all Exeloo electric door models
Underside of roof
Louvered air gap around top of unit
Flush valve actuated automatically after each use
USB enabled music option to improve user experience and option to include public announcements
Ceramic slip resistant tiles - Charcoal
Ceramic tiles - White
Electric operation of sliding door - Stainless Steel
Electric sliding door closer
Fit Out Level - Fully Automated
Full electronic command with Programmable Logic Controller (PLC) Touch screen controller interface located in the service bay to access unit statistics, diagnostics and program settings
Touch screen access to enhanced usage, servicing and cubicle opening statistics as well as system diagnostics for improved asset management and control
Toilet pan automatically flushes after use
Illuminated buttons for electric sliding door operation Electric locking with illuminated electric buttons
5-stage automatic cubicle wash and refresh system
Adjustable lock up and unlock function to manage opening and closing times
Programmable use time control to reduce loitering and vandalism Pre-programed voice messages to deter vagrancy and extended occupation
Pre-programmed voice messages to explain unit operation and to guide sight impaired users
This quotation expires 5pm 25th, September, 2022
Interior Lighting
Exterior Lighting
Basin
Soap Dispenser
Hand Dryer
Paper Dispenser
Toilet Pan
Signage
Baby Change
Recessed
Disposal Chute
Sharps Disposal
Chute
Futurewood Battens
Photo Film Overlay
Validity
Optional Items
Clarifications
Pricing is valid for sixty (60) days from date of this quotation Options on the itemized price sheet are excluded from the project total.
These are to be added to the project total if selected.
Recessed Electric and Manual Twin Jumbo Paper Dispenser Stainless steel wall hung toilet pan with molded hinged seat An eco-friendly cladding system made from 100% recycled materials that is environmentally stable, has low moisture absorption and is extremely low maintenance.
Photo film decals are a fully flexible, graffiti resistant over laminate that can transform the mundane into spectacular. Designs are specified by the customer.
Recessed to retain circulation space with durable stainless steel case.
Straps to keep infants safe
Discrete Recessed stainless chute into a fire retardant bin. XL size to cope with adult diapers and baby nappies.
Discrete Recessed chute into a proprietary plastic bin secured to avoid tampering or contamination
Optional Items
Compliant signage including braille
Selected Optional Items
Surface mounted Light Emitting Diode (LED) lighting
Surface mounted Light Emitting Diode (LED) lighting
Recessed 3 in 1 Integrated Sensor Operated Basin
Incorporated in the recessed 3 in 1 integrated sensor operated basin Incorporated in the recessed 3 in 1 integrated sensor operated basin This quotation expires 5pm 25th, September, 2022
Sanitary Disposal
Color Scheme
Exterior
Color Scheme Roof Titania
Color Interior White walls and charcoal floors.
Power Requirements
Water Requirements
IMPORTANT
Water Consumption
Sewer Outlet A standard 4" sewer connection socket is located in the service bay.
CAUTION: The unit must be sited on its foundations before connection is made to the sewer outlet.
If adequate flow rate and pressure cannot be achieved Exeloo can provide a cistern system. Contact Exeloo to discuss supply.
Heavy duty flush valves are fitted as standard. Key features and information below:
If a sanitary disposal bin is included in your order, please ensure that arrangements are made to have this bin emptied regularly by a suitable sanitary waste contractor or, ensure that the cleaning contractor is willing to provide plastic bin liners to be removed and replaced on a weekly basis.
Exterior paint coating is Carbothane two pack, which is graffiti resistant.
Colors to be chosen from an approved color chart.
Flush consumption is the same as a conventional cistern however, water is not stored in a reservoir so it will need to draw significant water in a short period.
Water supply at the connection point must have a minimum flow rate of 25 gallons per minute / per pan and a minimum dynamic pressure of 40psi.
A 1" water meter coupled to a 1-1/4" ID (1-1/2" OD) supply from the meter to the Exeloo unit is usually sufficient but this should be confirmed on-site. Meter size and pipe diameter will need to be increased for multiple buildings. Exeloo cannot accept responsibility for loss or damage associated with inadequate water supply.
Flush valves can be damaged by water pressure above 75psi and so a pressure limiter is included on the water supply line.
Where a Reduced Pressure Zone (RPZ) valve is required on the main supply feed there may be a negative impact on the flow rate. As a result a larger meter and supply pipe might be required.
63 amp single phase, two leg supply . Termination points are supplied and located inside the service bay.
This quotation expires 5pm 25th, September, 2022
Floor Drains
Stormwater Outlet
Foundations
Construction Period
Exeloo Corporation
Storage Insurance
Tax
A 2-1/2" NPT socket floor waste drain is incorporated into the floor of each cubicle. Each floor drain will require a gully. One of the floor wastes should be connected to the Overflow Relief Gully (ORG).
The 3-1/2" stormwater pipe supplied in the service bay must be connected to the stormwater system through the services hole located in the floor of the service bay.
Foundation structure is two strip-type concrete foundations (18"x30"x7'6"). Refer to the Exeloo installation guide for details of the required strip foundation configuration.
Normal ex-factory lead times are within 24 weeks of a purchase order being accepted.
This quotation includes provision for the prevailing tax at time of quotation in the prescribed jurisdiction. Changes to tax conditions are the responsibility of the purchaser
Storage fees and cranage surcharges may apply for periods exceeding agreed delivery schedule
Ph: 1 (800) 676 5290
P O Box 13310 San Luis Obispo, CA 93401
EIN: 36-4811797
Exeloo Corporation
Care of purchaser
30% of total order value on receipt of purchase order. 60% of total order value payable on ex-factory date plus all taxes for the total value of the order. 10% payable on restroom delivery or, if held in storage for 14-30 days, either by Exeloo or, the Customer as a result of delays by others.
Payment Terms
This quotation expires 5pm 25th, September, 2022
CITY COUNCIL
AGENDA REPORT
MEETING DATE: September 26, 2022
TO: Mayor and City Council
FROM: Justin Vinson
PREPARED BY: Justin Vinson
SUBJECT: Approving a Purchase Agreement (Purchase Order) with Shannon Pump Co. of Merced, California for the purchase of a new pump and motor for Well 14 (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Approves a Purchase Agreement (Purchase Order), in a form approved by the City Attorney, with Shannon Pump Co. of Merced, California, for the purchase of a new pump and motor for Well 14, in an amount not to exceed $108,581.19; and authorizes and directs the City Manager to execute the Agreement (Purchase Oder) on behalf of the City.
I. BACKGROUND/ANALYSIS:
Well 14 is located on Fay Dr near Winton Way in the City of Atwater. This well, along with every other well in the City, runs everyday during the summer months to deliver clean and potable water to the residents of the City of Atwater and adequate water pressure. City staff monitors the wells 24 hours a day with SCADA and daily site visits.
In August, staff received alarms through its SCADA system of a Well Fail Alarm at Well
14. Staff arrived at the well site and noticed that the well had shut off. Staff tried restarting the well, but the pump and motor would not start. After troubleshooting, staff determined it was not a power issue and scheduled Shannon Pump to pull the pump and motor and camera the well casing. A large piece of stainless steel was found in the casing, and this caused the pump and motor to over heat. Enough damage was done to the pump and motor that they had to be replaced. Due to the high temperatures and lead times, staff requested that Shannon Pump order the pump and motor as fast as possible so that the City could provide adequate water pressure as fast as possible.
Staff called Quality Well Drillers to remove the metal while Shannon Pump ordered the new pump and motor. The pump and motor arrived on August 24th and were installed the next day. The well is now back up and operating.
Staff opinion is that this pump and motor failure represents an "emergency" as defined in our Municipal Code and by Public Contract Code Section 1102. An "emergency" is defined as a sudden, unexpected occurrence that poses a clear and imminent danger,
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. This was a necessary urgency purchase and there was no time for formal bidding.
II. FISCAL IMPACTS:
Sufficient funds for the $108,581 expenditure have been made available in the Water Enterprise Fund, Machinery and Equipment, Account No. 6000.7010.6021.
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:
V. ALTERNATIVES:
VI. INTERDEPARTMENTAL COORDINATION:
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA) guidelines section 15301 existing facilities, this project is exempt.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval, staff will prepare a Purchase Agreement (Purcahse Order) for the purchase of a new pump and motor at Well 14 with Shannon Pump Co.
Submitted by:
Justin Vinson, Public Works Director
Agenda Report - Page 3
Approved by:
Lori Waterman, City Manager
Attachments:
1. Well 14 Pump and Motor Bid Summary
CITY COUNCIL
AGENDA REPORT
MEETING DATE: September 26, 2022
TO: Mayor and City Council
FROM: Justin Vinson
PREPARED BY: Justin Vinson
SUBJECT: Awarding a General Service Agreement to Tri County Flooring for new flooring at Fire Station 41 (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Awards a General Services Agreement, in a form approved by the City Attorney, to Tri County Flooring of Atwater, California, in an amount not to exceed $55,533.17; authorizes and directs the City Manager to sign and affirm contract change order up to an additional aggregate of $2,777 (5%); and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.
I. BACKGROUND/ANALYSIS:
Fire Station 41, located at 699 Broadway Ave, was built in the early 1980's. Most of the flooring in the building is the original carpet that was installed when the fire station was built. Staff received quotes for and installing vinyl flooring throughout the rooms and hallways, similar to the flooring installed at the City Administration building, and ceramic tile in the kitchen. To save money on labor, Cal-Fire crews will remove the existing carpet. This will save 5-10 thousand dollars in labor.
After the close of the solicitation period, the three (3) bids were evaluated. Pacific Polymers Inc, Tri County Flooring was selected on the basis of demonstrated competence, on the professional qualifications necessary for the satisfactory performance of the services required at a fair and reasonable price, and other specific selection criteria set forth in the bid plans & specifications. Flooring Liquidators could not find anyone to perform the installation of the flooring at prevailing wage. The bid summary is attached (EXHIBIT “A”). Staff is recommending the City Council award a General Services Agreement to Tri County Florring (EXHIBIT “B”).
The cost of the materials for the flooring from Tri County Flooring is $17,901.72, the labor cost is $36,154.56, and the sales tax is 1,476.89. The cost of the labor is almost twice the amount of the materials due to the work having to be done at prevailing wage.
II. FISCAL IMPACTS:
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
Sufficient funding is available for the $55 expenditure and is budgeted in the FY 2022/2023 American Rescue Plan Act (ARPA) Fund, Capital Improvement Projects, Station 41 Account No. 1010.1080.W003.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
V. ALTERNATIVES:
VI. INTERDEPARTMENTAL COORDINATION:
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This project/item is exempt under the provisions of the California Environmental Quality Control Act (CEQA).
IX. STEPS FOLLOWING APPROVAL:
Upon approval, the General Services Agreement will be routed for sigantures.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. Flooring Bid Summary
Agenda Report - Page 3
2. General Services Agreement with Tri County Flooring for Station 41 Flooring
CITY COUNCIL
AGENDA REPORT
MEETING DATE: September 26, 2022
TO: Mayor and City Council
FROM: Lori Waterman, City Manager
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Approving Ground Lease Agreement between the City of Atwater and Old Town Atwater regarding use of Real Property Parking Lot located at Fourth Street and Cedar Avenue (City Manager Waterman)
RECOMMENDED COUNCIL ACTION
Approves a Ground Lease Agreement, in a form approved by the City Attorney, with Old Town Atwater for the use of Real Property Parking Lot located at the corner of Fourth Street and Cedar; and authorizes and directs the City Manager, or her designee, to execute the Lease Agreement on behalf of the City.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
On April 26, 2021, during a regularly scheduled City Council meeting, approval was given to enter into a License Agreement with Old Town Atwater regarding the use of a Real Property Parking Lot located at the corner of Fourth Street and Cedar Avenue for a seasonal ice rink. The proposed seasonal ice rink and concessions for public entertainment would attract many visitors and bring a positive atmosphere to the downtown area during the holiday season.
In November 2021, Old Town Atwater hosted its very first seasonal ice-skating rink through a Special Outdoors Event Permit. Earlier this year, they also hosted a vendor fair in the downtown area and included the subject property. With the success of these events, Old Town Atwater went before the Planning Commission on July 20, 2022, seeking to obtain a Conditional Use Permit and Site Plan for a seasonal event center.
The Planning Commission approved the Conditional Use Permit and site plan, with an identified condition of approval that the License Agreement would need to be amended into a Lease Agreement.
The proposed seasonal event center is intended to be a continual, seasonal community event for a duration of 5 years, ending in 2026. The ice-skating rink is intended to run from October 1st through February 14th. Actual operations of the ice rink will begin November 1st and end January 16th. The months of October and February are
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
established for the set up and the takedown of the ice rink materials. During the rest of the year, the intended use will be to host community events and activities. Old Town Atwater would be responsible for the necessary permits and the application for any temporary road closures as necessary.
ANALYSIS:
City Staff has determined that this will provide public benefit to the community and it assists with the City's General Plan to revitalize and enhance the downtown area. As described in the Land Use Element, the City's downtown district should focus on its role as the cultural, entertainment, and social center of the community. The seasonal event center would allow for social gathering events throughout the term of the Lease Agreement. This will not only increase the revenue in the Downtown area, but it will also enhance the use and the charisma of the Downtown Corridor to reflect upon the City's evolution from a small town into a City.
Old Town Atwater shall recognize and continue partnerships and promote events and activities in conjunction with the Atwater Chamber of Commerce, Atwater Elementary School District, and other downtown and other local businesses to promote a positive atmosphere to the downtown area.
Any alterations or repairs and maintenance needed for the seasonal event center, shall be approved in writing prior to commencement of work, and will be at the cost and expense of Old Town Atwater during the term of the Agreement. At the end of the term, and/or upon the termination of the Agreement, Old Town Atwater shall restore the parking lot to the condition as it was presented. OldTown Atwater shall be responsible for the proper removal and disposal of ice.
II. FISCAL IMPACTS:
There will be no fiscal impact to the City. Old Town Atwater will be responsible for all electricity and water use based on use and as recorded by a designated meter system.
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:
The Lease Agreement is consistent with goal number six (6) in the City’s Strategic Plan: to enhance quality of life, respectively.
V. ALTERNATIVES:
Agenda Report - Page 3
VI. INTERDEPARTMENTAL COORDINATION:
This item has been routed and reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
The proposed action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The proposed project involves the operation, maintenance, leasing, licensing or minor alteration of existing public facilities, with construction of minor appurtenant structures involving negligible or no expansion of use and no possibility of significantly impacting the physical environment. Accordingly, the proposed action qualifies under Class 1 and Class 3 Categorical Exemptions (Sections 15301 and 15303 of the State CEQA Guidelines).
IX. STEPS FOLLOWING APPROVAL:
Upon approval by City Council, City Clerk’s office will route the Lease Agreement for signatures.
Submitted and Approved by:
Lori Waterman, City Manager
Attachments:
1. Draft Ground Lease-Event Center-c1
GROUND LEASE
by and between
City of Atwater, a California municipal corporation
("Landlord")
and
Old Town Atwater, a California nonprofit corporation
("Tenant")
TABLE OF CONTENTS
Page
ARTICLE 1. PROPERTY AND BACKGROUND. ..................................................................1
1.01. The Property...........................................................................................1
1.02. Lease ......................................................................................................1 ARTICLE 2. TERM. ..................................................................................................................1
2.01. Term.......................................................................................................1
2.02. Commencement .....................................................................................1 ARTICLE 3. RENT. ...................................................................................................................2
3.01. Base Rent ...............................................................................................2
3.02. Net Lease ...............................................................................................2 ARTICLE 4. USE, CHARACTER AND OPERATION OF IMPROVEMENTS.....................2
4.01. General...................................................................................................2
4.02. Use Obligations......................................................................................2
4.03. Use Prohibitions.....................................................................................2
4.04. Governmental Requirements .................................................................3 ARTICLE 5. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS.................3
5.01. Required Governmental Permits............................................................3
5.02. Premises Conditions ..............................................................................3
5.03. Grant of Easements................................................................................4
5.04. Maintenance; Repairs, Alterations; Reconstruction. .............................4
5.05. Ownership of Improvements..................................................................4
5.06. Waiver....................................................................................................5 ARTICLE 6. TAXES AND ASSESSMENTS. ..........................................................................5
6.01. Personal Property Taxes ........................................................................5
6.02. Real Property Taxes...............................................................................6
6.03. Tenant's Tax Liability Prorated..............................................................6
6.04. Revenue & Taxation Code Section 107.6. Possessory Interest Tax .........................................................................................................6 ARTICLE 7. UTILITIES............................................................................................................6 ARTICLE 8. INSURANCE AND INDEMNITY. .....................................................................6
8.01. Indemnity ...............................................................................................6
8.02. Insurance................................................................................................6
8.03. Review ...................................................................................................7
8.04. Proof of Coverage..................................................................................7
8.05. Environmental Indemnity. .....................................................................7 ARTICLE 9. CONDEMNATION..............................................................................................9
9.01. Definitions..............................................................................................9
9.02. Parties' Rights and Obligations to be Governed by Lease .....................9
9.03. Total Taking.........................................................................................10
9.04. Effect of Partial Taking........................................................................10
9.05. Restoration of the Premises .................................................................10
9.06. Waiver of Code of Civil Procedure Section 1265.130 ........................10
9.07. Award...................................................................................................10 ARTICLE 10. TENANT DEFAULTS AND LANDLORD'S REMEDIES. .............................10
10.01. Defaults by Tenant...............................................................................10
10.02. Landlord's Remedies............................................................................11
10.03. Continuation.........................................................................................11
10.04. Entry.....................................................................................................12
10.05. Rights Cumulative ...............................................................................12
10.06. Landlord's Right to Cure Tenant's Default ..........................................12 ARTICLE 11. MISCELLANEOUS. ..........................................................................................12
11.01. Holding Over .......................................................................................12
11.02. Attorneys' Fees.....................................................................................12
11.03. Quiet Possession ..................................................................................13
11.04. Force Majeure ......................................................................................13
11.05. Notices. ................................................................................................13
11.06. Waiver..................................................................................................14
11.07. Surrender..............................................................................................14
11.08. Binding.................................................................................................15
11.09. Landlord's Right to Enter the Premises................................................15
11.10. Disclaimer of Partnership ....................................................................15
11.11. Memorandum.......................................................................................15
11.12. Quitclaim..............................................................................................15
11.13. Interpretation........................................................................................15
11.14. Covenants and Conditions ...................................................................16
11.15. Integration............................................................................................16
11.16. Estoppel Certificate..............................................................................16
11.17. Landlord's Right to Sell .......................................................................16
INDEX OF DEFINED TERMS
Page
Award ..............................................................................................................................................9 Condemnation..................................................................................................................................9 Condemnor ......................................................................................................................................9 Contamination..............................................................................................................................7, 8 Date of taking ..................................................................................................................................9 Environmental Response Actions....................................................................................................8 Environmental Response Costs .......................................................................................................9 Hazardous Materials ........................................................................................................................9 Improvements ..................................................................................................................................2 Indemnitees..................................................................................................................................7, 8 Landlord...........................................................................................................................................1 Laws.................................................................................................................................................3 Lease ................................................................................................................................................1 Lease Term ......................................................................................................................................1 Commencement Date.......................................................................................................................1 Notice.............................................................................................................................................13 Property............................................................................................................................................1 Premises...........................................................................................................................................1 Real Property Taxes.........................................................................................................................6 Rent..................................................................................................................................................2 Tenant ..............................................................................................................................................1
GROUND LEASE
THIS GROUND LEASE (the "Lease") is made and entered into this 27th day of September, 2022, by and between the CITY OF ATWATER, a municipal corporation (hereinafter called "Landlord"), and Old Town Atwater (hereinafter called "Tenant"), who agree as follows:
RECITALS
WHEREAS, the Tenant desires to use the Premises, as hereinafter specified, to operate a seasonal ice-skating rink and host other community-related events; and WHEREAS, Landlord has determined that it will provide City a public benefit to the community of Atwater, as well as downtown economic benefits, if Tenant is permitted to occupy and use the Premises as hereinafter specified; and
WHEREAS, this Lease shall supersede the License Agreement entered into by and between the Parties concerning the Premises.
ARTICLE 1. PROPERTY AND BACKGROUND.
1.01. The Property. Landlord is the owner of that certain property consisting of approximately __ acres of land located at Fourth Street and Cedar Avenue, Atwater (APN No. 002-207-004), California, currently used as a seasonal ice skating venue located in a City of Atwater public parking lot as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property").
1.02. Lease. For and in consideration of the payment of rentals and the performance of all the covenants and conditions of this Lease, Landlord hereby leases and demises to Tenant, and Tenant hereby leases and hires from Landlord that portion of the Property to conduct a seasonal event center and venue (the "Premises"). A map of the Premises is attached as Exhibit B, attached hereto and incorporated herein by reference.
ARTICLE 2. TERM.
2.01. Term. The initial term of this Lease (the "Lease Term" or "Term") shall be five (5) years, unless terminated earlier in accordance with the provisions of this Lease, or extended as provided herein. There shall be an automatic [1]-year extension of the term beginning with that anniversary date of this agreement and continuing in [1]-year increments thereafter unless notice of nonrenewal is given as provided below, for a maximum of five (5) additional years.
A. Notice of non-renewal may be given by either party by serving written notice of nonrenewal upon the other party three months in advance of the anniversary date. In the absence of non-renewal notification, the unexpired term of the agreement shall be deemed automatically extended as provided in the first paragraph of section 2.01.
B. In the event that notice of non-renewal is served, then this Lease shall be terminated.
2.02. Commencement. The Lease Term shall commence on the date the Memorandum of Lease is recorded in the office of the County Recorder of Merced County (the " Commencement Date").
ARTICLE 3. RENT.
3.01. Base Rent. The annual base rental (the "Rent") for the Premises for the Lease Term shall be One Dollars ($1.00).
3.02. Net Lease. This Lease is a net lease, and Rent and other payments due and payable hereunder to or on behalf of Landlord shall be paid without notice or demand and without offset, counterclaim, abatement, suspension, deferment, deduction or defense.
ARTICLE 4. USE, CHARACTER AND OPERATION OF IMPROVEMENTS.
4.01. General. Tenant may only use the Premises as set forth herein:
A. Permitted Uses. Tenant may only use the Premises for the development and operation of a seasonal event center, including an ice skating rink and hosting other community events, if expressly approved by Landlord. Tenant may not construct any improvements on the Premises except reasonable and necessary ice skating rink facilities and related improvements, as well as any other fixtures and improvements if expressly permitted by Landlord to be installed (the "Improvements"). Such Improvements shall be Tenant's personal property. Tenant agrees to provide portable toilets for use by its invitees and employees during its hours of operation. Any Landlord approval required or permitted by this Agreement may be performed by the City Manager, or designee.
B. Hours of Use. Tenant may use and conduct operations on the Premises during daylight hours only, unless otherwise approved by Landlord.
4.02. Use Obligations. There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, age, handicaps, sex, marital status, sexual orientation, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises or the improvements thereon, or any part thereof, and Tenant itself, or any person claiming under or through it, shall not establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, subtenants or vendees of the Premises or the improvements thereon, or any part thereof.
4.03. Use Prohibitions. Tenant agrees that in connection with the use and operation of the Premises it will not:
A. Sell or assign its interest in this Lease, including any mortgage, deed of trust or encumbrance; or
B. Sublease all or any portion of the Premises and improvements thereon without the express written consent of Landlord; or
C. Use or permit the use of any objectionable advertising medium such as, without limitation, loudspeakers, phonographs, public address systems, sound amplifiers, radio or broadcast within the improvements in such manner that any sounds reproduced, transmitted or produced shall be directed primarily beyond the interior of the improvements or common areas (provided, however, that nothing herein shall be deemed to prohibit the installation and use of a public address system for security purposes), and will keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the interior of the improvements or common areas; or D. Cause or permit substantial and obnoxious odors to emanate or be dispelled from the improvements; or
E. Permit undue accumulations of garbage, trash, rubbish or any other refuse; or F. Create, cause, maintain or permit any nuisance (as defined under applicable law) in, on or about the Premises; or
G. Commit or suffer to be committed any waste (as defined under applicable law) in, on or about the Premises; or
H. Knowingly use or allow the Premises to be used for any unlawful purpose, or for any purpose which violates the terms of any recorded instrument which affects the Premises and which is senior in priority to this Lease; or
I. Cause or permit any insurance coverage on the Premises or the improvements thereon to become void or voidable (unless Tenant has previously obtained replacement coverage in the same amounts) or make it impossible to obtain any required insurance at commercially feasible rates; or J. Violate any law, ordinance or regulation applicable to the Premises and the improvements thereon.
4.04. Governmental Requirements. Tenant shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules and regulations ("Laws") which apply to the operation and use of the Premises on a nondiscriminatory basis, including those requiring alterations or additions to be made to, or safety appliances and devices to be maintained or installed in, on or about the Premises on a nondiscriminatory basis under any Laws now or hereafter adopted, enacted or made and applicable to the Premises, and payment of any fees, charges or assessments arising out of or in any way related to the Premises on a nondiscriminatory basis as a source of adverse environmental impacts or effects.
ARTICLE 5. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS.
5.01. Required Governmental Permits. Tenant shall procure, and upon Landlord's request, deliver to Landlord at Tenant's expense, evidence of compliance with all then applicable codes, ordinances, regulations and requirements for permits and approvals.
5.02. Premises Conditions. Landlord makes no covenants or warranties respecting any condition of the Premises or the Property. By entering on and accepting the Premises as of the
Commencement Date, Tenant accepts the Premises AS IS with no representations and warranties as to condition or fitness for a particular purpose. Tenant acknowledges that there is no water, sewer, electricity, gas and/or phone service to the Premises as of the Commencement Date.
5.03. Grant of Easements. Landlord shall reasonably cooperate with Tenant in granting to public entities or public service corporations, for the purpose of serving the Premises and, with the reasonable approval of Landlord, other property, rights-of-way or easements on or over the Premises for poles or conduits or both for telephone, electricity, water, sanitary or storm sewers or both and for other utilities and municipal or special district services.
5.04. Maintenance; Repairs, Alterations; Reconstruction.
A. Tenant Required to Maintain Premises.
(1) Definition of Duty; Compliance with Laws. Throughout the Term, Tenant shall, at Tenant's sole cost and expense, maintain the Premises and all Improvements in first-class condition and repair, ordinary wear and tear excepted, and in accordance with all applicable laws, rules, ordinances, orders and regulations of: (a) federal, state, county, municipal and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus and officials; (b) the insurance underwriting board or insurance inspection bureau having or claiming jurisdiction; and (c) all insurance companies insuring all or any part of the Premises or both. Landlord shall have no duty or obligation to insure the Premises or any Improvements. (2) Tenant shall promptly and diligently repair, restore, and replace as required to maintain or comply as above. Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations of any kind in or on the Premises. (3) Nothing in this provision defining the duty of maintenance shall be construed as limiting any right given elsewhere in this Lease to alter, modify, demolish, remove or replace any improvement, or as limiting provisions relating to condemnation or to damage or destruction during the final year or years of the Term. No deprivation, impairment or limitation of use resulting from any event or work contemplated by this section shall entitle Tenant to any offset, abatement, or reduction in rent nor to any termination or extension of the Term. (4) In determining whether Tenant has acted promptly as required under the foregoing paragraph, one of the criteria to be considered is the availability of any applicable insurance proceeds.
(5) If Tenant elects not to restore after damage or destruction, in accordance with the provisions of this Lease, all insurance proceeds received by Tenant as a result of such damage or destruction shall be Tenant's sole property.
5.05. Ownership of Improvements.
A. Ownership of Any New Improvements. Any and all Improvements (including any permanent structures) constructed on the Premises by Tenant as permitted by this Lease shall be owned by Tenant until expiration of the Term or sooner termination of this Lease. Tenant shall not waste, destroy or modify any Improvements on the Premises, except as permitted by this Lease.
B. Equipment, Chattel, Trade Fixtures. Unless otherwise agreed upon, all articles of personal property, including all moveable chattel and business and trade fixtures, machinery, equipment, furniture and movable partitions owned by Tenant or any subtenants, and which were installed by Tenant or subtenants at their expense on the Premises, shall remain the property of Tenant or subtenant, respectively, and may be removed at any time during the Term or upon termination of this Lease. Tenant shall be responsible for the repair of any damage caused by such removal.
C. Ownership at Termination. Subject to the provisions of Section 5.05.D, all Improvements on the Premises at the expiration of the Term or sooner termination of this Lease shall, without compensation to Tenant, then become Landlord's property free and clear of all claims to or against them by Tenant or any third person, and Tenant shall defend and indemnify Landlord against all liability and loss arising from such claims or from Landlord's exercise of the rights conferred by this paragraph.
D. Tenant's Duty to Remove. At the expiration or sooner termination of the Term, Landlord may, at Landlord's sole election, demand the removal from the Premises of all fixtures and Improvements constructed or placed on the Premises by Tenant or of certain fixtures or improvements or both. Tenant shall comply with the notice before the expiration date of the Term, for normal termination, and within 30 days after the notice for other terminations. The cost of such removal shall be paid by Tenant. The duty imposed by this provision includes but is not limited to the duty to fill all excavations, return the surface to grade and leave the Premises safe and free from debris and hazards; provided that, after compliance with a demand for removal of less than all fixtures and Improvements, Tenant shall be required to remedy only willful and negligent injuries to the Premises or remaining Improvements or fixtures. The duty imposed by this Section 5.05 shall not include an obligation to remove underground utilities, parking and sidewalk areas and landscaping.
5.06. Waiver. The provisions of this Article 5 shall govern the rights of the parties in the event of any full or partial destruction of Improvements on the Premises. Tenant hereby waives the provisions of Civil Code section 1932(2) and Civil Code section 1933(4) with respect to any destruction of any Improvements on the Premises to the extent that such Civil Code sections are inconsistent with the provisions of this Article 5.
ARTICLE 6. TAXES AND ASSESSMENTS.
6.01. Personal Property Taxes. Tenant shall pay before delinquency all and any taxes, assessments, license fees and other charges that are levied and assessed against Tenant's personal property installed or located in or on the Premises which become payable during the term. On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments.
6.02. Real Property Taxes. Tenant shall pay any and all real property taxes (including, if applicable, any possessory interest taxes and personal property taxes), general and special taxes
and assessments ("Real Property Taxes") levied and assessed against the Premises, the Improvements, and Tenant's alterations on the Premises. Tenant shall pay the Real Premises Taxes not later than the taxing authority's delinquency date.
6.03. Tenant's Tax Liability Prorated. Tenant's liability to pay Real Property Taxes and new assessments shall be prorated on the basis of a 365-day year to account for any fractional portion of a fiscal tax year included in the Lease Term at its inception and expiration or earlier termination in accordance with this Lease.
6.04. Revenue & Taxation Code Section 107.6. Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, in the event that a possessory interest is created, Tenant shall be responsible for payment of any taxes levied against such possessory interest.
ARTICLE 7. UTILITIES.
Tenant shall pay when due and shall hold Landlord harmless from any liability for all charges for water, gas, sewage, garbage collection, electricity, telephone and other utility service supplied to the Premises.
ARTICLE 8. INSURANCE AND INDEMNITY.
8.01. Indemnity. Tenant agrees to protect and does hereby indemnify and hold Landlord, its officials, officers, employees, agents, volunteers, and representatives, harmless from all demands, claims, actions and damages to any person or property (including reasonable attorneys' fees) arising out of or connected with the use or occupancy of the Premises by Tenant other than those directly attributable (and then to the extent attributable) to the gross negligence or willful misconduct of Landlord or Landlord's agents and their employees.
8.02. Insurance.
A. General. Without limiting Tenant's indemnification of Landlord, Tenant shall provide and maintain at its own expense during the Lease Term the following programs of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) reasonably satisfactory to Landlord and evidence of such programs satisfactory to Landlord shall be delivered to Landlord on or before the Commencement Date of this Lease. Such evidence shall specifically identify this Lease and shall contain express conditions that Landlord is to be given written notice at least 30 days in advance of any material modification or termination of any program of insurance. (1) Comprehensive General Liability Insurance endorsed for property-operations, products/completed operations and contractual liability, in the amount of at least $1,000,000 for any occurrence, $2,000,000 annual aggregate and $1,000,000 property damage. (2) Comprehensive Auto Liability Insurance endorsed for all owned and non-owned vehicles with a combined single limit of at least One Million Dollars ($1,000,000) per occurrence. (3) Worker's Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California and which specifically covers all persons
providing services on behalf of Tenant under this Lease and all risks to such persons and employer's liability insurance with a limit of no less than $1,000,000 per employee and $1,000,000 per occurrence.
8.03. Review. The liability insurance requirements may be reviewed by Landlord and Tenant every five years for the purpose of mutually increasing (in consultation with their respective insurance advisors) the minimum limits of such insurance from time to time to limits which shall be reasonable and customary for similar facilities of like size and operation in accordance with generally accepted insurance industry standards. If the parties are unable to mutually agree upon such new limits within 30 days of a written demand by one party upon the other, the determination of an independent insurance advisor selected by the parties' insurance advisors shall be binding upon the parties.
8.04. Proof of Coverage. All policies required hereunder shall be with companies having a Best's A/VIII rating (and if Best's no longer exists, an equivalent rating). Executed copies of all policies of insurance or certificates thereof shall be delivered to Landlord. All insurance policies required by this Article 8 shall name Landlord as an additional insured. As often as any such policies shall expire or terminate, renewal or additional policies shall be procured and maintained in like manner and to like extent. All policies of insurance must contain a provision that the company writing such policy will give all parties 30 days advance written notice of any cancellation or lapse of the effective date or any reduction in the amounts of insurance.
Nothing in this Article 8 shall prevent Tenant from carrying insurance of the kind required of Tenant under a blanket insurance policy or policies which cover other properties owned or operated by Tenant. Tenant shall provide Landlord with certificates of insurance naming Landlord as an additional insured and setting forth the required coverage.
8.05. Environmental Indemnity.
A. Indemnity. Tenant agrees, from and after the Commencement Date, to defend, indemnify, protect and hold harmless Landlord and its officers, beneficiaries, public officials, volunteers, employees, agents, attorneys, representatives, legal successors and assigns ("Indemnitees") from, regarding and against any and all liabilities, obligations, orders, decrees, judgments, liens, demands, actions, Environmental Response Actions (as defined herein), claims, losses, damages, fines, penalties, expenses, Environmental Response Costs (as defined herein) or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), resulting from or in connection with the actual or claimed generation, storage, handling, transportation, use, presence, placement, migration and/or release of Hazardous Materials (as defined herein), at, on, in, beneath or from the Premises and/or the Property during the term of the Lease (sometimes herein collectively referred to as "Contamination"), except to the extent caused by the Landlord or its agents, contractors or employees during the Landlord's ownership of the Property prior to the commencement of the Lease or solely caused by the Landlord or its agents, contractors or employees during the term of the Lease. Tenant's defense, indemnification, protection and hold harmless obligations herein shall include, without limitation, the duty to respond to any governmental inquiry, investigation, claim or demand regarding the Contamination, at Tenant's sole cost.
B. Release and Waiver. Tenant hereby releases and waives all rights, causes of action and claims Tenant has or may have in the future against the Indemnitees arising out of or in connection with any Hazardous Materials (as defined herein), at, on, in, beneath or from the Property, except to the extent caused or permitted by Landlord or its contractors, agents, or employees prior to conveyance to the Tenant or caused by Landlord during the term of the Lease.
C. Definitions.
(1) As used in this Lease, the term "Environmental Response Actions" means any and all activities, data compilations, preparation of studies or reports, interaction with environmental regulatory agencies, obligations and undertakings associated with environmental investigations, removal activities, remediation activities or responses to inquiries and notice letters, as may be sought, initiated or required in connection with any local, state or federal governmental or private party claims, including any claims by Tenant.
(2) As used in this Lease, the term "Environmental Response Costs" means any and all costs associated with Environmental Response Actions including, without limitation, any and all fines, penalties and damages.
(3) As used in this Lease, the term "Hazardous Materials" means any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. section 1251 et seq. (33 U.S.C.§ 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. § 1317); (7) defined as a "hazardous substance" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. § 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. § 9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property.
D. Materiality. Tenant acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of Tenant for the benefit of Landlord set forth in this Lease are a material element of the consideration to Landlord for the performance of its obligations under this Lease, and that Landlord would not have entered this Lease unless Tenant's obligations were as provided for herein.
ARTICLE 9. CONDEMNATION.
9.01. Definitions.
A. "Condemnation" means (1) the exercise of any governmental power in eminent domain, whether by legal proceedings or otherwise, by a condemnor, and (2) a voluntary sale or transfer to any condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending.
B. "Date of taking" means the date the condemnor has the right to possession of the property being condemned.
C. "Award" means all compensation, sums or anything of value awarded, paid or received on a total or partial condemnation.
D. "Condemnor" means any public or quasi-public authority, or private corporation or individual, having the power of condemnation.
9.02. Parties' Rights and Obligations to be Governed by Lease. If during the Lease Term there is any taking of all or any part of the Premises, any improvements on the Premises or any interest in this Lease by condemnation, the rights and obligations of the parties shall be determined pursuant to the provisions of this Article 9.
9.03. Total Taking. If the Premises is totally taken by condemnation, this Lease shall terminate on the date of taking.
9.04. Effect of Partial Taking. If any portion of the Premises or the improvements thereon is taken by condemnation, this Lease shall remain in effect, except that Tenant may elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable (as defined herein) for Tenant's continued use. The remaining portion of the Premises shall be deemed unsuitable for Tenant's continued use if following a reasonable amount of reconstruction, Tenant's facility on the Premises could not be operated in a manner that is comparable to the manner of operation prior to the date of the taking. Tenant must exercise its right to terminate by giving Landlord written notice of its election within 90 days after the nature and extent of the taking have been finally determined.
Such notice shall also specify the date of termination, which shall not be prior to the date of taking.
Failure to properly exercise the election provided for in this paragraph will result in this Lease continuing in full force and effect.
9.05. Restoration of the Premises. If, in Tenant's reasonable judgment, it is reasonably possible and economically feasible to do so, Tenant shall be entitled to use so much of the award as is necessary to restore or to add on to the Premises so that the area and approximate layout of the Premises will be substantially the same after the date of taking as they were before the date of taking. In such a case the remainder of the award shall belong to Landlord. If it is not reasonably possible to so restore the area and layout of the Premises, the remaining provisions of this Article 9 shall govern the rights of the parties.
9.06. Waiver of Code of Civil Procedure Section 1265.130. Each party waives the provisions of the Code of Civil Procedure section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the Premises.
9.07. Award. The award for the Premises and for the improvements shall belong to Landlord, except as hereinafter provided. Tenant shall be entitled to the value of its interest in any personal property and fixtures which it has the right to remove and to any portion of the award specified to apply to Tenant's goodwill, and to be compensated for interruption of or damage to Tenant's business, and compensation based upon the then fair market value of Tenant's interest in this Lease.
ARTICLE 10. TENANT DEFAULTS AND LANDLORD'S REMEDIES.
10.01. Defaults by Tenant. Any of the following occurrences shall constitute a default under this Lease:
A. Tenant shall at any time be in default in the payment of rent or any other monetary sum called for by this Lease when due; or
B. Tenant shall at any time be in default in the keeping and performing of any of its other covenants or agreements herein contained, and such other default continues for 10 days after written notice thereof from Landlord to Tenant specifying the particulars of such default, or if such other default is of a nature that curing such default will take more than 10 days and Tenant has failed to commence such cure within such 10 days and to thereafter diligently pursue completion of such cure; or
C. Tenant (i) makes a general assignment for the benefit of its creditors or file a petition for bankruptcy or other reorganization, liquidation, dissolution or similar relief; (ii) has a proceeding filed against it seeking any relief mentioned in (i) above which is not discharged within sixty (60) days thereafter; or (iii) has a trustee, receiver or liquidator appointed for Tenant or a substantial part of its property;
D. Vacation or abandonment of the Premises;
E. Tenant assigns or subleases (whether or not such assignment or sublease is deemed to be effective) this Lease (or any rights therein or herein), or sells, transfers, conveys, assigns or leases the whole or any part of the Property or any improvement constructed thereon in violation of this Lease, including without prior approval by Landlord; or F. Any change in control of Tenant or of a part thereof, or any other act or transaction involving or resulting in a change in the identity of the parties in control of Tenant or the degree of such control inconsistent with this Lease.
10.02. Landlord's Remedies. In the event of any such default by Tenant, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
A. The worth at the time of Award of any unpaid Rent which had been earned at the time of such termination; plus
B. The worth at the time of Award of the amount by which the unpaid Rent which would have been earned after termination until the time of Award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
C. The worth at the time of Award of the amount by which the unpaid Rent for the balance of the term after the time of Award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided; and
D. Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform his obligation under this Lease or which in the ordinary course of things would be likely to result therefrom.
As used in subparagraphs 10.02.A and B above, the "worth at the time of Award" is computed by allowing interest at 10% per annum. As used in subparagraph C above, the "worth at the time of Award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%.
10.03. Continuation. In the event of any such default by Tenant, Landlord shall also have the remedy contained in Civil Code 1951.4 in which Landlord has the right to continue this Lease in full force and effect, and this Lease shall continue in effect as long as Landlord does not terminate Tenant's right to possession, and collect Rent when due. During the period Tenant is in default, Landlord can enter the Premises and relet them, or any part of them, to third parties for its own account or for the Tenant's account. Tenant hereby appoints Landlord its special attorney-in-fact for purposes of reletting for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers' commissions, expenses of remodeling the Premises required by the reletting, and like costs.
Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay the Landlord the Rent due under this Lease on the dates the Rent is due, less the Rent Landlord receives from any reletting. No act by Landlord allowed by this Article shall terminate this Lease unless Landlord notifies Tenant that Landlord elects to terminate this Lease.
10.04. Entry. In the event of any such default by Tenant, Landlord shall also have the right, with or without terminating this Lease, to reenter the Premises and remove all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. No reentry or taking possession of the Premises by Landlord pursuant to this subsection shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.
10.05. Rights Cumulative. All rights, options and remedies of Landlord contained in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Landlord shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease. No waiver of any default of Tenant hereunder shall be implied from any acceptance by Landlord of any rent or other payments due hereunder or any omission by Landlord to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect defaults other than as specified in such waiver. The consent or approval of Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent or similar acts by Tenant.
10.06. Landlord's Right to Cure Tenant's Default. Landlord, at any time after Tenant commits a default which Tenant has failed to cure within the time established therefor, may cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date, shall bear interest at the maximum rate permitted by law from the date
the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent.
ARTICLE 11. MISCELLANEOUS.
11.01. Holding Over. If Tenant shall hold over the Premises after the expiration of the term hereof with the consent of Landlord, either express or implied, such holding over shall be construed to be only a tenancy from month to month, subject to all the covenants, conditions and obligations contained in this Lease. Tenant hereby agrees to pay to Landlord as monthly rental 150% of the Base Rent in effect at the expiration of the term, together with any other monetary sums which are Tenant's obligations to pay under this Lease.
11.02. Attorneys' Fees. In the event that any action or arbitration is brought by either party hereto as against the other party hereto for the enforcement or declaration of any right or remedies in or under this Lease or for the breach of any covenant or condition of this Lease, then and in that event the prevailing party shall be entitled to recover, and the other party agrees to pay, all fees and costs to be fixed by the court or arbitrator therein including, but not limited to, reasonable attorneys' fees.
11.03. Quiet Possession. Landlord agrees that Tenant, so long as Tenant is not in default after notice and time to cure under this Lease and is paying the rent and performing the covenants and conditions of this Lease, shall quietly have, hold and enjoy the Premises throughout the term hereof without interruption or disturbance from Landlord or any other persons claiming by, through or under Landlord; and Landlord warrants to Tenant that as of the Commencement Date of said Lease Term, there were no existing tenancies on the Premises.
11.04. Force Majeure. Except as to the payment of rent, neither of the parties hereto shall be chargeable with, liable for, or responsible to, the other for anything or in any amount for any delay caused by fire, earthquake, explosion, flood, hurricane, the elements, acts of God or the public enemy, action, inaction or interference of governmental authorities or agents, including a City referendum or initiative, war, invasion, insurrection, rebellion, riots, strikes or lockouts or any other cause whether similar or dissimilar to the foregoing which is beyond the reasonable control of such parties and any delay due to said causes or any of them shall not be deemed a breach of or default in the performance of this Lease.
11.05. Notices.
A. "Notice" means any notice, demand, request or other communication or document to be provided under this Lease to a party to this Lease.
B. The Notice shall be in writing and shall be given to the party at its address or telecopy number set forth below or such other address as the party may later specify for that purpose by Notice to the other party. Each Notice shall, for all purposes, be deemed given and received:
(1) If hand-delivered to a party against receipted copy, when the copy of Notice is receipted; (2) If given by a nationally-recognized and reputable overnight delivery service, the day on which the Notice is actually received by the party; or
(3) If given by certified mail, return receipt requested, postage prepaid, two business days after it is deposited with the United States Postal Service.
To Landlord:
City of Atwater
1160 Fifth Street
Atwater, CA 9530
Attention: Lori Waterman, City Manager
Telephone: 209-357-6300
To Tenant:
Old Town Atwater
PO Box 734
Atwater, CA 95301
Attention: Brad Kessler, President
Telephone: 209-631-4247
C. The provisions above governing the date on which a Notice is deemed to have been received by a party to this Lease shall mean and refer to the date on which a party to this Lease, and not its counsel or other recipient to which a copy of the Notice may be sent, is deemed to have received the Notice.
D. If Notice is tendered under the provisions of this Lease and is refused by the intended recipient of the Notice, the Notice shall nonetheless be considered to have been given and shall be effective as of the date provided in this Lease. The contrary notwithstanding, any Notice given to either party in a manner other than that provided in this Lease, that is actually received by the noticed party, shall be effective with respect to such party on receipt of the Notice.
Either party hereto may from time to time by written notice to the other party designate a different address which shall be substituted for the one above specified. Notices shall be effective when received. Any notice or other document sent by certified mail, as aforesaid, shall be deemed received 72 hours after the mailing thereof, as above provided. Notices or other documents sent by personal delivery shall be deemed received on the date of such delivery.
11.06. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions and conditions hereof.
11.07. Surrender. Upon the expiration or sooner termination of the term of this Lease, and notwithstanding anything herein contained to the contrary, Tenant shall surrender the Premises to Landlord, together with the improvements then situated thereon, unless specifically exempted by this Lease, in good condition and repair, except for reasonable wear and tear.
11.08. Binding. Subject to the restrictions set forth herein regarding assignment of the leasehold estate, each of the terms, covenants and conditions of this Lease shall extend to and be binding on
and shall inure to the benefit of not only Landlord and Tenant, but to each of their respective heirs, administrators, executors, successors and assigns. Whenever in this Lease reference is made to either Landlord or Tenant, the reference shall be deemed to include, wherever applicable, the heirs, administrators, executors, successors and assigns of such parties, the same as if in every case expressed.
11.09. Landlord's Right to Enter and Use the Premises. Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times, for any purpose, including without limitation: to determine whether the Premises is in good condition and whether Tenant is complying with its obligations under this Lease; to do any necessary maintenance and to make any restoration to the Premises that Landlord has the right or obligation to perform; to serve, post or keep posted any notices required or allowed under the provisions of this Lease; to show the Premises to prospective brokers, agents, buyers, tenants or persons interested in an exchange, at any time during the term; and to do any act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising out of Landlord's entry on the Premises as provided in this Section other than those caused by Landlord's or its agents or contractors negligence or willful misconduct. Tenant shall not be entitled to an abatement or reduction of rent if Landlord exercises any rights reserved in this Section.
Landlord shall also have the right to use the Premises, or allow other third-parties to use the Premises, upon reasonable notice to the tenant, provided such use does not interfere with Tenant’s pre-approved, scheduled use of the Premises.
Landlord shall require third party to carry insurance of the kind required of Tenant under a blanket insurance policy or policies which cover other properties owned or operated by thirdparty. Third-party shall provide Landlord with certificates of insurance naming Landlord and Tenant as an additional insured and setting forth the required coverage.
11.10. Disclaimer of Partnership. The relationship of the parties hereto is that of Landlord and Tenant, and it is expressly understood and agreed that Landlord does not in any way nor for any purpose become a partner of Tenant or a joint venturer with Tenant in the conduct of Tenant's business or otherwise.
11.11. Memorandum. A Memorandum of this Lease has been recorded in the Official Records of Merced County. Any amendment or modification thereof may, at the request of either party, also be recorded in the Official Records of Merced County, California. A form of the Memorandum is attached to this Lease.
11.12. Quitclaim. At the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord within 30 days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company to remove the cloud of this Lease from the real property subject to this Lease.
11.13. Interpretation. The titles to the paragraphs of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease.
11.14. Covenants and Conditions. Each term and each provision, including, without limitation, the obligation for the payment of rent, to be performed by Tenant or Landlord, as the case may be, shall be construed to be both a covenant and a condition of this Lease.
11.15. Integration. This Lease and the exhibits and documents incorporated by reference, constitutes the entire agreement between the parties and there are no conditions, representations or agreements regarding the matters covered by this Lease which are not expressed herein.
11.16. Estoppel Certificate. Tenant agrees to deliver, within 10 days after written request therefor by Landlord an estoppel certificate in a form reasonably requested by Landlord certifying that this Lease is unmodified and is in full force and effect (if such be the case), certifying the commencement and termination dates of the Lease Term, certifying that there has been no assignment or sublease of this Lease and that there are no defenses or offsets hereto (or stating those claimed by Tenant) and containing such other information as may reasonably be requested by the party to whom such certificate is addressed. Failure to deliver the estoppel certificate within 10 days shall be a default of the Lease, and shall be conclusive that this Lease is in full force and effect and that Tenant has no defenses or offsets against Landlord.
11.17. Landlord's Right to Sell. Landlord shall have the right to sell its fee estate in the Property and assign its interest in this Lease without limitation; provided, however, that any such sale shall be subject to this Lease. Upon any such conveyance, Landlord shall automatically be relieved of any obligations under this Lease. Landlord shall also have the right to mortgage, hypothecate or otherwise pledge its interest in the Property and this Lease. [SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, we have executed this instrument on this day of , 2022.
LANDLORD:
CITY OF ATWATER
By:
Lori Waterman, City Manager
ATTEST:
Lucy Armstrong, City Clerk
APPROVED AS TO FORM:
_________________________________
Frank Splendorio, City Attorney
TENANT:
OLD TOWN ATWATER
By:
Brad Kessler
Its: President_________________________
By:
Adam Reed
Its: Vice President
09951.00000\29744674.1
Exhibit A to
Ground Lease
EXHIBIT A
DESCRIPTION OF THE PROPERTY
A PORTION OF THE SOUTH HALF OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 12
EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF ATWATER, COUNTY OF MERCED, STATE OF CALIFORNIA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
LOTS ONE, TWO, THREE AND FOUR OF BLOCK 9 OF THE BLOSS ADDITION TO
ATWATER AS DESCRIBED IN THAT GRANT DEED TO THE ATWATER
REDEVELOPMENT AGENCY FILED FOR RECORD ON JUNE 18, 1994 IN VOLUME 2433 AT PAGE 63, MERCED COUNTY OFFICIAL RECORDS.
CONTAINS 13,800 SQUARE FEET, MORE OR LESS.
APN 002-207-004
09951.00000\29744674.1
Exhibit B to
Ground Lease
EXHIBIT B
MAP OF THE PREMISES
CITY COUNCIL
AGENDA REPORT
MEETING DATE: September 26, 2022
TO: Mayor and City Council
FROM: Delilah Youmara, Finance Director
PREPARED BY: Delilah Youmara, Finance Director
SUBJECT: Waiving the first reading and introducing an ordinance repealing and replacing Chapter 5.04, "General Provisions" and amending portions of Chapter 5.08, "Schedule of License Fees" of Title 5 of the Atwater Municipal Code (Community Development Director Thompson and Finance Director Youmara)
RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony given; Close the public hearing;
Motion to waive the first reading and introduce Ordinance No. CS 1042 repealing and replacing Chapter 5.04, "General Provisions" and amending portions of Chapter 5.08, "Schedule of License Fees" of Title 5 of the Atwater Municipal Code; or Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
Under California law, cities may adopt business license ordinances for one of three purposes. First, a business license ordinance can be adopted solely for the purpose of revenue generation, Under this model, the business license operates more like a tax identification number, enabling the city to keep track of the taxes that are owed/paid by a particular business. Second, a city can adopt a business license ordinance to regulate the business activity itself (Bus. & Prof. Code, Sectuion 16000). For instance, over the years cities have required business licenses to regulate operations that could become a nuisance if left unregulated, such as pool halls or dance clubs. Finally, a city can adopt a business license ordinance that does both - generates revenue and regulates businesses. (Gov. Code, Section 37101).
CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
The City of Atwater's current business license ordinance - codified at Chapters 5.04 through 5.62 of the Atwater Municipal Code - has historically been the first of these three categories. That is, Atwater's business license ordinance currently identifies its sole purpose as generating revenue. (See Atwater Municipal Code current section
5.04.020 - "The ordinance codified in this chapiter and CHapter 5.08 is enacted solely to raise revenue for municipal purposes, and is not intended for regulation.") In order to provide the City with additional mechanisms to enforce the City's Municipal Code, the accompanying ordinance amends various provisions of the Atwater Municipal Code to make the City's business license program one that is targeted at regulation as well as revenue generation. The proposed Ordinance includes business license regulatory provisions, including a business license revocation procedure that affords the licensee with comprehensive due process including notice and the right to be heard prior to any business license revocation.
Specifically, the main updates to the business licensing and regulating framework under this Ordinance are as follows:
Sets restrictions/conditions on transferability of business licenses, including in cases of ownership change or change in business function. Identifies acts that constitute a violation of the Ordinance and sets enforcement and penalties for such violations.
Identifies business types that are exempt from the licensing requirement, as a product of state law.
More clearly delineates what information is required for license applications, and the process for the City to investigate and issue such licenses. Clarifies the City's role in imposing and enforcing certain conditions on licenses issued under the Ordinance.
Clarifies the renewal and appeal process for license determinations. Establishes grounds for denial, suspension, or revocation of business licenses, and the appeal process for such determinations.
Updates and restates the information pertaining to business license fees, and authorizes the City to amend such license fee by resolution as needed.
II. FISCAL IMPACTS:
None, other than the fiscal impacts currently experienced by the City as a result of imposing and enforcing business license fees and associated fines. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
Agenda Report - Page 3
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:
This item was coordinated by the Finance, Community Development, Police, and Administration Departments.
VII. PUBLIC PARTICIPATION:
The Public Hearing notice was adequately noticed and advertised. The public will have the 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:
Submitted by:
Delilah Youmara, Finance Director
Submitted by:
Greg Thompson, Community Development Director
Approved by:
Lori Waterman, City Manager
Agenda Report - Page 4
Attachments:
1. Atwater Ordinance No. CS 1042 Repealing and Replacing Chapter 5.04 and Amending Chapter 5.08 - Business Licenses and Taxes -c1 - FINAL
2. Current Chapters 5.04 and 5.08 of the AMC
CITY COUNCIL
OF THE
CITY OF ATWATER
ORDINANCE NO. CS 1042
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER REPEALING AND REPLACING
CHAPTER 5.04, “GENERAL PROVISIONS” AND
AMENDING PORTIONS OF CHAPTER 5.08, TO BE
RENAMED “SCHEDULE OF LICENSE TAXES,” OF
TITLE 5 OF THE ATWATER MUNICIPAL CODE
WHEREAS, under the police power granted by Article XI, Section 7 of the California Constitution, cities have the power to make and enforce within their limits all ordinances and regulations with respect to municipal affairs not in conflict with state law. Such police powers include, without limitation, the ability to adopt regulations pertaining generally to the protection and promotion of the public health, safety, and welfare; and WHEREAS, in compliance with Government Code Section 37101, which allows cities to issue business licenses for revenue and regulation, it is the intent of the City Council to maintain a strong and effective regulatory business license and tax program protecting residents, employees, and businesses by adding business license regulatory provisions to the Municipal Code; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on this proposed Ordinance, including, but not limited to, the staff report, and all written and oral testimony presented; and WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) per Section 15061(b)(3) of the CEQA Guidelines in that it is not a project which has the potential to cause a significant effect on the environment; and
WHEREAS, the City Council finds that approval of this Ordinance would accomplish the following:
1. Update the City’s business licensing and tax provisions to include both regulatory and revenue measures.
2. Reduce the threat to the City residents’ health, peace, and safety by enhancing the enforcement of business regulations.
3. Preserve the right of due process of business license applicants by setting forth a clear application review and appeals process.
NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:
Section 1: The findings set forth above are applicable and incorporated herein by reference.
Section 2: Amendment of the Municipal Code. The index portion of Title 5 relating to Chapters 5.04 and 5.08, appearing in the Municipal Code just prior to Chapter 5.04, is hereby repealed and replaced in relevant part to read as follows:
“Title 5 - BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.04 – GENERAL PROVISIONS; BUSINESS LICENSE REGULATIONS
AND TAXATION
Sections:
5.04.010 – Purpose.
5.04.020 – Definitions.
5.04.030 – Regulation under this title not relief from other ordinances.
5.04.040 – Effect on past actions and previous obligations.
5.04.050 – No assurance of compliance with other laws.
5.04.060 – License – Required.
5.04.070 – License and taxes – Exemptions.
5.04.080 – License – Administration.
5.04.090 – License – Separate activities and branch establishments.
5.04.100 – License – Duplicates – Fees.
5.04.110 – License – Application Filing.
5.04.120 – License – Application Contents.
5.04.130 – License – Investigation of application.
5.04.140 – License – Issuance.
5.04.150 – License – Issuance – Estimate of gross receipts.
5.04.160 – License – Issuance – Conditions.
5.04.170 – License – Issuance – Contents.
5.04.180 – License – Term.
5.04.190 – License – Renewal.
5.04.200 – License – Renewal processing and issuance.
5.04.210 – License – Nontransferable – Exceptions.
5.04.220 – License – Posting at fixed location.
5.04.230 – License – Carrying for non-fixed location.
5.04.240 – Statements and records – Inspection and verification.
5.04.250 – Taxes – Imposed.
5.04.260 – Taxes – Dates due and payable.
5.04.270 – Taxes – Delinquencies – Penalties.
5.04.280 – Taxes – Delinquencies – Agreements for installment payments.
5.04.290 – Taxes – Overpayment – Refunds.
5.04.300 – Taxes and penalties debt to City – Actions to collect.
5.04.310 – Violations.
5.04.320 – Enforcement; Inspections.
5.04.330 – Suspension of license.
5.04.340 – Revocation of license.
5.04.350 – Grounds for appeal.
5.04.360 – Written request for appeal.
5.04.370 – Appeal hearing procedures.
5.04.380 – Finality of determination.
Chapter 5.08 – SCHEDULE OF LICENSE TAXES.
Sections:
5.08.010 – License tax; Wholesale and retail sales
5.08.020 – Tax based on flat rate.
5.08.030 – Application for reclassification; appeal.
5.08.040 – License tax; manufacturing.
5.08.050 – Professionals; annual license.
5.08.060 – Contractor.
5.08.070 – Rental of property.
…”
Section 3: Amendment of the Municipal Code. Chapter 5.04 of the Atwater Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“5.04.010 – Purposes.
The purposes of this title are to regulate businesses and other enterprises within the City in order to ensure compliance with City ordinances and state laws, protect the public, prevent disturbances of neighborhoods and nuisances, and otherwise protect the local health, safety, and welfare.
5.04.020 – Definitions.
Unless the context indicates otherwise, the definitions of terms contained in this Chapter are as follows:
A. “Business” shall mean and include professions, trades, and all and every kind of occupation, whether or not carried on for profit.
B. “City” means the City of Atwater, a municipal corporation of the State of California.
C. “City Officer” – Whenever reference in this title is made to the City Council or any department, office, division, officer or official, the reference shall be deemed to be to, respectively, the City Council, or a department, office, division, officer or official of the City. Whenever in this title an authority or power is vested in or a duty is imposed upon an officer or official, a City employee subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty.
D. “Community Development Department” shall refer to the department of the Community Development Director, or his or her designee, who is charged by the City Manager with the administration of the provisions of this Chapter.
E. “Fixed location” shall mean a particular place where an enterprise is either regularly conducted or kept open, or is conducted or kept open on four or more days during any consecutive 30-day period. An enterprise operated from a residence shall be deemed to be conducted at a fixed location.
F. "Gross receipts" as used in this chapter is defined as follows: The total amount of the sale price of all sales, the total amount charged or received for the performance of an act, service or employment of whatever nature it may be, whether such service act of employment is done as part of or in connection with the sale of goods, wares, merchandise or not, for which a charge is made, including all receipts, cash credits and property of any kind of nature, without any deduction therefrom on account of the costs of the property sold, the costs of the material used, labor or service cost, interests paid or payable, losses or any other expenses whatsoever; provided, the cash discounts allowed or taken on sales shall not be included, and this chapter shall not be construed to impose any tax upon any business or transaction which this City is not authorized to license or tax under any law of this State or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale, shall be deducted for the purposes of determining gross receipts.
G. “Person” shall mean and include a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture or other individual or entity carrying on an enterprise for which a permit or license must first be procured, and shall include any officer, employee, agent or other representative by or through whom the enterprise is operated or conducted, and charitable, philanthropic and other nonprofit entities and enterprises as well as those which are for profit. “Person” shall not include a
public agency or any officer, employee or agent thereof while acting in the capacity as such.
H. “Sale” shall mean and include the transfer, in any manner or by any means whatsoever, of title to property for a consideration of any property; as well as a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price. Such definition shall not be deemed to exclude any transaction which is or which, in effect, results in a Sale within the contemplation of law.
5.04.030 – Regulation under this title not relief from other ordinances.
Persons required to pay a license tax for transacting and carrying on any business under this Chapter or Chapter 5.08 shall not be relieved from the payment of any license fee or tax for the privilege of doing such business required under any other ordinance of the City, and shall remain subject to the regulatory provisions of other ordinances.
5.04.040 – Effect on past actions and previous obligations.
Neither the adoption of the ordinance codified in this Chapter and Chapter 5.08 nor its superseding of any portion of any other ordinance of the City shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect.
5.04.050 – No assurance of compliance with other laws.
The issuance of a business license shall not be deemed to constitute a representation that the business so licensed or the premises upon which it is situated complies with other ordinances or laws not included in this Chapter 5.04. The existence of such an unrevoked license shall also not be deemed to preclude any criminal or civil remedy for violation of such other ordinances or laws, including, but not limited to, the closure of the business if otherwise warranted under remedies sought to be invoked. The possession of a business license shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by ordinance or statute.
5.04.060 – License – Required.
A. Except as otherwise specifically provided by this Chapter, no person shall operate or conduct within the City a business consisting of manufacturing, fabricating, processing, assembly or repair; wholesaling or storage; lodging or short term rentals of residences for a period of 30 consecutive days or less; entertainment; service; retailing; educational; hospital or other medical
care; business or professional office enterprise; home occupation; facility to which members of the general public are invited; commercial cannabis activities as defined and regulated by chapter 5.60 of this code; or adult use enterprise as defined and regulated by chapter 17.50 of this code, unless under and by authority of a valid, unexpired, and unrevoked business license issued pursuant to the provisions of this chapter authorizing the enterprise. It is intended by this chapter to license, unless expressly exempted, every enterprise operated at a fixed location which is of a type described by this section, whether the enterprise is operated for commercial, nonprofit, charitable, or other purposes, and whether the enterprise is operated or conducted independently or in association with or at the same location as an enterprise or activity for which a license is not required.
B. No person shall operate or conduct within the City a temporary concession, whether or not the temporary concession is conducted at a fixed location, unless under and by authority of a valid, unexpired, and unrevoked business license issued pursuant to the provisions of this chapter and authorizing the concession at the location where it operates.
1. As used in this section, and except as hereinafter expressly provided, a “temporary concession” is any out-of-doors retail sales operation, whether conducted for an hour or less, one day, or a longer period, which is established for the purpose of selling flowers, produce, Christmas trees or greens, clothing, paintings or other artistic products, books or other written materials, or other goods from a table, stand, temporary sheltered enclosure, cart, motor vehicle, or similar equipment. A “temporary concession” shall not be deemed to include:
a. The sale of Christmas trees or greens in connection with and on the same premises as a supermarket, hardware, home
maintenance or repair store, or other established business, if a temporary structure and electrical wiring are not employed in connection with such sales;
b. “Garage sales,” as that term is defined in section 17.07.020 of this code, conducted for the purpose of marketing products formerly utilized in a home which have become surplus; provided, that such sales are conducted on the residential premises where the goods to be sold were utilized;
c. The sale from stands of fireworks preceding and in connection with the celebration of the Fourth of July, which stands are separately regulated by this Code;
d. The sale of agricultural products on the site where the product is grown; and
e. The sale or offering for sale or distribution from public sidewalks or pedestrian circulation areas of shopping centers or malls of products to pedestrians who are traversing such areas or patrons of retail stores.
C. The exemption of the above activities from the licensing requirement, and the exemptions set forth in Section 5.04.070, shall not be deemed to authorize any activity which is illegal under other laws or to exempt any such activities from other applicable laws, or to deprive the owner or occupant of private property of any otherwise applicable right to consent to such activity.
5.04.070 – License Taxes and Fees – Exemptions.
A. The provisions of this Chapter and Chapter 5.08 shall not be deemed or construed to require the payment of a license fee or tax to conduct, manage, or carry on any business or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual; nor shall any license tax be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects within the City whenever the receipts of any such entertainment, concert, exhibition, or lecture are to be appropriated to any church or school or to any religious or benevolent purpose; nor shall any license fee or tax be required for the conducting of any entertainment, dance, concert, exhibition, or lecture by any religious charitable, fraternal, educational, military, state, county, or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition, or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any of the provisions of this Code requiring a permit from the City Council or any commission or officer to conduct, manage, or carry on any business within the City.
B. None of the license taxes provided for by this chapter and Chapter 5.08 shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Community Development Department or designee for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of said
business, and such other information as the Community Development Department or designee may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Community Development Department or designee shall then conduct an investigation, and after having first obtained the approval of the City Attorney, shall fix as the license tax for the applicant an amount that is reasonable and nondiscriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the Community Development Department or designee shall have the power to base the license tax upon a percentage of receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this chapter and Chapter 5.08. Should the Community Development Department or designee determine the gross measure of license tax to be the proper basis, they may require the applicant to submit, either at the time of termination of the applicant's business in the City, or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of license tax therefore; provided that no additional license tax during any one calendar year shall be required after the licensee has paid an amount equal to the annual license tax as prescribed in this chapter and Chapter 5.08.
C. The provisions hereof shall not be deemed or construed to apply to any Person transacting and carrying on any business exempt by virtue of the Constitution or applicable Laws of the United States or of the State from the payment of the taxes provided for herein. Any Person claiming an exemption pursuant to the provisions of this section shall file a sworn statement with the Community Development Department stating the facts upon which an exemption is claimed.
In the absence of such statement substantiating the claim, such Person shall be liable for the payment of the taxes imposed by the provisions hereof. The Community Development Department, upon a proper showing contained in the sworn statement, shall issue a license to such Person claiming such exemption without payment to the City of the license tax required by the provisions hereof.
The Community Development Department, after giving notice and a reasonable opportunity for a hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided in this section.
D. The provisions hereof shall not be deemed or construed to require the payment of a tax to carry on any business performed by a public utility furnishing gas and/or electric service or cable television, which public utility pays the City a tax pursuant to a franchise agreement with the City. If the Legislature of the State should enact legislation to grant general law cities the power to levy a tax on utility service consumers, this section may be amended at such time to include provisions for the levying of such tax.
E. Banks, savings and loans, credit unions, and loan and similar financial institutions, as defined in Section 17351 of the California Business and Professions Code (as that Section may be amended or renumbered from time to time), are exempt from needing to obtain a business license; provided that a check casher business shall be subject to the business licensing requirement, and the term “check casher,” as defined as found in Division 3, Part 4, Title 1.6F, Section 1789.31 of the California Civil Code, includes, but is not limited to, engaging in the business operation of “deferred deposits” as defined therein.
F. Churches, to the extent of their use for worship, religious education, or the social affairs of the religious group based therein, are exempt from the provisions of this chapter. This exemption does not extend to other activities which are not undertaken primarily for members of the religious group, including, but not limited to, day schools and social service programs.
G. Libraries, whether publicly or privately operated, are exempt from the requirements of this chapter.
H. The following agricultural activities are exempt from the requirements of this chapter: agricultural pursuits consisting of the growing of crops, raising of livestock, and dairying, including auxiliary and ancillary uses incidental to the operation of a farm or ranch; the purchase and storage of substances, materials, supplies, animal feeds and produce for a farm or ranch; and the marketing of farm products; provided, however, that a business license shall be required in connection with any wholesaling, processing, storage, or manufacturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business enterprise for marketing distribution.
I. Notwithstanding subdivisions A. through H. of this Section 5.04.070, a business license shall be required for any business, enterprise, or activity described by said subdivisions which is operated or conducted as a home occupation. A business license shall also be required for a family contractor’s business.
1. As used in this Section, a “home occupation” shall mean and include any use as described in section 5.04.070 of this Chapter that is conducted in, at, or from a dwelling unit which is also utilized for residential purposes.
2. The term “family contractor’s business” shall mean a business operated in, at, or from a residence which employs only members of the resident’s family, and which may include the storage of contractor’s equipment or supplies at the residence of one of the family members engaged in the business.
J. Any minor under the age of 18 years shall be exempt from the business tax provisions of this Chapter.
K. The City Manager or designee, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to an exemption claimed pursuant to this section.
5.04.080 – License – Administration.
Except as otherwise provided, the Community Development Department is charged with the responsibility of administering business licenses, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this title as he or she deems necessary to implement such purposes, intent, and express terms. No rules or regulations, if any, promulgated by the Community Development Department, or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which the proposed rules or regulations are filed with the City clerk.
5.04.090 – License – Separate Activities and Branch Establishments.
A. A separate license must be obtained for each branch establishment or location of the business transacted and carried on, provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Chapter and Chapter
5.08 shall not be deemed to be separate places of business or branch establishments. For separate types of business activities at the same location, the license shall authorize the licensee to transact and carry on the businesses licensed thereby at the location or in the manner designated in such license certificate.
B. For any business as to which more than one flat rate business tax amount may be applicable due to coming within two or more classifications set forth in this Chapter or Chapter 5.08, as a result of separate activities, that classification of business tax which produces the greatest revenue to the City shall apply.
C. When there are two or more separate business activities being conducted at the same location and at least one activity is subject to gross receipts, then the combined total of the gross receipts for all activities shall be used for the purposes of computing the business license tax.
5.04.100 – License – Duplicates – Fees.
A duplicate license may be issued by the Community Development Department to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying a fee established by resolution of the City Council from time to time.
5.04.110 – License – Application Filing.
All applications and application fees for business licenses shall be filed in the office of the Community Development Department.
5.04.120 – License – Application Contents.
To make an application for the first license to be issued to a business pursuant to the provisions of this Chapter, the applicant shall furnish the following information to the Community Development Department:
A. A statement of the exact nature or kind of business for which a license is requested;
B. The place where such business is to be carried out, or if the business is not to be carried out at any fixed or permanent place, the place of residence of the owner of such business;
C. In the event the application is made for the issuance of a license to a Person doing business under a fictitious name, the name and place of residence of the Person owning such business;
D. In the event the application is made for the issuance of a license to a corporation or partnership, the names and places of residence of the officers or partners thereof;
E. In all cases where the amount of license tax to be paid is measured by gross receipts, such information as may be required and necessary to determine the amount of the license tax to be paid by the applicant; and F. A nonrefundable license application fee in an amount established by resolution of the City Council from time to time, due and payable to the Community Development Department at the time of filing the Application for the first license.
5.04.130 – License – Investigation of application.
The Community Development Department shall review the application to determine whether the business complies with those laws identified by this Chapter, and whether conditions should be attached to the issuance of the license. Inspection of the site shall be conducted as necessary to determine applicability of and compliance with this Chapter, and the adequacy of corrections or conditions necessary to achieve compliance with such laws.
5.04.140 – License – Issuance.
A. The Community Development Department shall act upon an application for a business license by denying the application or issuing a license not later than 45 days after the date a complete application is validly filed. An application is deemed complete and validly filed when the applicant files the application form with all information therein as provided in Section 5.04.120, and the license application fee, with the Community Development Department. The Community Development Department shall act upon the application by issuing the license unless one or more of the following situations apply:
1. The Community Development Department finds in writing that the applicant has failed to provide information as required by Section
5.04.120, and the finding cites the specific information and provision or provisions of Section 5.04.120 that is applicable; or
2. The Community Development Department finds in writing that the enterprise is, or would be, operated or maintained in a manner, or is, or would be, located on grounds or within a building, which violates or is in violation of local, state, or federal laws, and by operation of such laws, the termination of the enterprise or denial of the application is required, and the finding cites the specific law that is applicable; or
3. Pursuant to Section 16000, Subdivision (c), of the Business and Professions Code, as that Section may be amended or renumbered from time to time, when the applicant or enterprise holds a contractor’s license, as issued by the State of California Contractors State License Board, and Community Development Department finds in writing that the applicant does not have a valid unexpired, unsuspended, unrevoked contractor’s license.
B. If an application for a business license is denied pursuant to subsections A.1. through A.3. of this Section, the denial shall be issued in writing by the Community Development Department, with the reasons for the decision stated and supported by any applicable findings required to be made by this Chapter. Written notice of the denial shall be served by the Community Development Department on the applicant or holder by mail or personal delivery. If served by mail, the date of service shall be deemed to be the date the Community Development Department placed the denial in the mail.
C. With respect to denial of a renewal application pursuant to section 5.04.200, the immediately preceding business license shall be deemed to be in full force and effect for a period of 15 days following the date of service upon the applicant of the notice of denial. In the event the applicant files an administrative appeal from the denial of the renewal application in the manner and within the time prescribed by section 5.04.360, the immediately preceding business license shall continue in full force and effect until the
administrative appeal is final as determined by sections 5.04.380, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.
D. With respect to the denial of a new application for a business license, the denial shall be effective 15 days following the date of service of the notice of denial on the applicant as required by this section.
E. A business license issued under this chapter shall authorize the holder thereof to operate or conduct a business enterprise only on such property the address of which is stated on the license. In the event the licensee ceases to use the property for the business, activity, or enterprise listed on the license for a period of 90 consecutive days, the license shall have no further force or effect and becomes void.
5.04.150 – License – Issuance – Estimates of Gross Receipts.
A. If the amount of the annual license tax to be paid by the applicant is measured by gross receipts, such Person shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the Community Development Department with a sworn statement, on a form furnished by the Community Development Department, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided in this Chapter. If the amount of the annual license tax to be paid by the applicant is measured by gross receipts, the period used to calculate gross receipts will be April 1 of the previous year through March 31 of the current year.
B. The Community Development Department shall not issue to any such Person another license for the same or any other business until such Person has furnished to the Community Development Department the sworn statement and paid the license tax as required by the foregoing paragraph.
C. If the Community Development Department is not satisfied with the information furnished by the applicant under this Chapter, the Community Development Department may by other means reasonably determine and fix the amount of the license tax. Notice of the Community Development Department’s determination as to such amount must be given to the Person being assessed the tax either personally or by mail addressed to the applicant’s last known address.
5.04.160 – License – Issuance – Conditions.
A. The purpose of conditions on a business license is to ensure that the enterprise is maintained or operated in a manner that protects the public
health and safety, and prevents the enterprise from disturbing the peace and tranquility of the neighborhood in which it is located.
B. Conditions applicable to a business license issued under this Chapter may be recommended by the Community Development Department upon findings in writing that:
1. The enterprise or its patrons are the cause of repeated nuisance activity or activities that disturb the peace and tranquility of the neighborhood where the enterprise is located; or the enterprise or its patrons are the cause of a safety hazard or hazards to the public within the building, buildings, or premises of the enterprise, or in the neighborhood where the enterprise is located. Such written findings shall specify the particular nuisance disturbance or safety hazard which the condition is intended to mitigate. Such nuisances or safety hazards may include, but are not limited to, illegal parking, loud noises (particularly late at night or early morning hours), traffic violations, curfew violations, lewd conduct, police detentions, police arrests, excessive smoke, excessive fumes, excessive dust, excessive vibration, obnoxious odors, excessive glare, loitering, cruising, graffiti, excessive littering, traffic hazards, inadequate parking, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination or defecation, theft, burglary, robbery, assaults, batteries, disturbances of the peace, and acts of vandalism.
2. The condition imposed is the least detrimental to the maintenance or operation of the enterprise and is necessary in order to abate or substantially minimize such disturbance or safety hazard.
C. Factors that shall be considered by the Community Development Department in imposing conditions are the nature of the location and its surroundings; the number of people living, working, or traversing in the immediate vicinity of the business; whether the nuisance, disturbance, or safety hazard is continual or occasional and the time of day of the occurrence thereof; and the nature and extent of the injury caused by the nuisance, disturbance, or safety hazard upon persons residing, working, or traversing in the surrounding neighborhood of the enterprise or upon patrons of the enterprise. Conditions may be imposed only where the nuisance, disturbance, or safety hazard is caused by the conduct, maintenance, or operation of the enterprise, or by the patrons thereof, and is of substantial injury to a substantial number of persons within or without the enterprise, or residing, working, or traversing in the surrounding neighborhood of the enterprise, or to patrons of the enterprise.
D. Conditions that may be imposed include, but are not limited to:
1. Limitation of hours or days of operation of maintenance of the enterprise during which the repeated nuisance disturbance or safety hazard, or both, occurs;
2. The provisions of adequate off-street parking;
3. The installation of on-site improvements;
4. The use of protective fences or gates in the interior or exterior of the enterprise, or both;
5. The requirement of exterior or interior lighting, or both;
6. The requirement of uniformed, licensed, or other qualified security personnel, inside or outside the building or buildings, or on the premises, where the enterprise is located, or both. The term “premises” includes areas such as, but not limited to, a parking lot, walkway, patio area, grounds, or storage area;
7. The requirement of interior or exterior signage on the building or premises where the enterprise is located, or both, to warn patrons or persons in the particular location of a repeated nuisance disturbance or safety hazard. The term “premises” includes areas such as, but not limited to, a parking lot, walkway, patio area, grounds, or storage area;
8. The requirement of an on-site manager;
9. A requirement that the parking area, buildings, or other locations on the premises wherever the enterprise is located be posted to prohibit consumption of alcoholic beverages. The term “premises” includes areas such as, but not limited to, a parking lot, walkway, patio area, grounds, or storage area;
10. A requirement that the interior of the operation cannot be visible from the outside of the building;
11. A requirement that all outside advertising and displays comply with section 313.1 of the California Penal Code, as may be amended or renumbered from time to time, concerning displays of information harmful to minors;
12. A requirement that the applicant or holder fund any additional law enforcement services required as a result of the operation of the business; or
13. Other conditions related to conduct, operations, maintenance, or improvements of the enterprise demonstrated under the particular circumstances to be necessary in order to prevent or substantially eliminate any repeated nuisance disturbance or safety hazard enumerated in subsection B.1. of this Section; provided, however, that such condition shall be unrelated to the content of protected expressions of speech.
E. Conditions may be imposed at the time a business license is initially issued, upon renewal of the license, or at any time during the term of the license.
F. Any conditions imposed pursuant to this Section shall be embodied, together with the written findings required by this Section, if any, in the text of the business license, and shall be served by the Community Development Department on the applicant or holder by mail or personal delivery. If served by mail, the date of service shall be deemed to be the date the Community Development Department placed the business license in the mail.
G. In addition to any conditions imposed pursuant to this Section, applicants must ensure they remain in compliance with all applicable local, state, and federal laws and regulations for the term of the license issued under this Chapter.
5.04.170 – License – Issuance – Contents.
Every Person required by the provisions of this Chapter to hold a business license shall make initial application for such license to the Community Development Department in the manner described in Sections 5.04.110, 5.04.120, 5.04.130, and 5.04.140, and upon the payment of the prescribed application fee, the Community Development Department shall issue to such Person a license which shall contain the following information:
A. The name of the Person to whom the license is issued; B. The name of the business that is licensed;
C. The place where such business is to be transacted and carried out, if applicable;
D. The date of the expiration of such license; and
E. Such other information as may be necessary for the enforcement of the provisions of this Chapter and Chapter 5.08.
5.04.180 – License – Term.
Business licenses shall expire when the person to whom the license is issued ceases operations authorized thereby. The term of a business license shall otherwise be from the date of issuance to the end of the then-current fiscal year, at which point renewal will be required in order for the business license not to lapse.
5.04.190 – License – Renewal.
A. An application for renewal shall be on a form issued by the Community Development Department, and shall include the following information:
1. A description of any change in the type of business or enterprise functions conducted on the premises since the last license was issued to the applicant, or indication of no change;
2. The information as indicated in Section 5.04.120 A. through E.
3. Any change in ownership of the business, with the name and address of such new owner, or indication that there is no such change;
4. The licensee’s address for notice where notice is required to the licensee pursuant to this chapter if such address has changed, or an indication that there is no such change.
B. The licensee shall complete the application for renewal and file the same with the Community Development Department not later than the date of expiration of the immediately preceding license.
5.04.200 – License – Renewal processing and issuance.
A. An application for renewal shall be investigated and processed in the manner prescribed by Sections 5.04.120 and 5.04.130. The Community Development Department shall act upon the application for renewal by issuing the license or denying the application not later than 45 days after the date a complete, valid renewal application is filed. The license shall automatically be granted and issued upon failure of the Community Development Department to act upon the license within such 45 days. An application for renewal is deemed complete and validly filed when the licensee files the application form, with all information therein as provided in section 5.04.200, and the associated application renewal fees, with the Community Development Department. The Community Development Department shall act upon the license renewal application within such 30 days unless the applicant has filed with the Community Development Department, before expiration of the 45 days, written notice of a request for extension of such 45-day period on grounds that additional time is required by the applicant to prepare and present plans or other information, obtain zoning variances or other permits, remodel the premises, or make other corrections necessary to comply with all applicable laws or to correct
nuisance disturbances or safety hazards described in section 5.04.160 B.1.
The Community Development Director may, at his or her discretion pursuant to such a written request, extend the time within which action is required by the Community Development Department on the application to such a period as the Community Development Director agrees in writing is reasonable and appropriate to accomplish the corrections. The Community Development Department shall act upon the application for renewal within the 45-day period, or the extended period of time, as applicable, by issuing the renewed license unless:
1. A finding in writing is made that one or more of the conditions identified in section 5.04.140 A.1. through 3. of this chapter apply; or
2. The Community Development Department finds in writing that the applicant has failed to provide specific information as required by section 5.04.200 of this chapter, and the finding cites the specific information and provision or provisions of section 5.04.200 that is required; or
3. The Community Development Department finds in writing that one or more conditions applicable to the preceding license at the same location have been violated, if pursuant to provisions of sections
5.04.200, it is determined that such conditions shall also be applicable to the renewed license.
B. With respect to any application for renewal which is filed on or before the date of expiration of the immediately preceding license, the Community Development Department shall extend the term of the immediately preceding license, without charge, during the period of any investigation required in order to determine whether the license should be renewed.
5.04.210 – License – Nontransferable – Exceptions.
No license issued pursuant to the provisions of this Chapter shall be transferable; provided, however, when a license is issued authorizing a Person to transact and carry on a business at a particular place, such licensee may, upon application and paying a fee in an amount established by resolution of the City Council from time to time, have the license amended to authorize the transacting and carrying on of such business under such license at some other location to which the business is or is to be moved; and provided, further, a transfer, whether by sale or otherwise, to another Person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the provisions of this section. For the purposes of this section, stockholders, bondholders, partnerships, or other Persons holding an interest in a corporation or other entity, defined in Section 5.04.020 to be a Person, shall be regarded as having the rear or ultimate ownership of such corporation or other entity
5.04.220 – License – Posting at fixed locations.
Any licensee transacting and carrying on a business at a fixed place within the City shall keep the license posted in a conspicuous place upon the premises where such business is conducted.
5.04.230 – License – Carrying for non-fixed location.
Any licensee transacting and carrying out a business, but not operating such business from a fixed location within the City, shall keep the license upon his person at all times while transacting and carrying out the business for which such license is issued.
5.04.240 – Statements and records – Inspection and verification.
A. All statements required by the provisions of this Chapter, and each item required by such statements, shall be subject to inspection and verification by the Community Development Director, his or her deputies, or employees of the City who are authorized to examine and inspect such books and records of any licensee or applicant for a license as may be necessary in the judgment of such Community Development Director, deputies, or authorized employees, to verify or ascertain the amount of license tax due; provided, however, such inspection and verification shall be limited to those books and records necessary to establish gross receipts. A certificate executed by a certified public accountant licensed in California shall establish a rebuttable presumption that the gross receipts of such licensee are as stated in the statements required by the provisions of this Chapter.
B. All Persons subject to this Chapter shall maintain complete records of business transactions, including sales, receipts, and purchases, and shall retain all such records for examination by the Community Development Department for a period of at least three (3) years. No Person required to keep records pursuant to this Section shall unreasonably refuse to permit an authorized City representative to examine such records at reasonable times and places and in a reasonable manner.
5.04.250 – Taxes – Imposed.
License taxes may be imposed upon all businesses regulated by this Chapter, except for those expressly exempted by Section 5.04.070, in the amount set forth in Chapter
5.08. 5.04.260 – Taxes – Dates due and payable.
A. Annual. Unless otherwise specifically provided in this Chapter or Chapter
5.08, all annual license taxes imposed by the provisions of this Chapter or Chapter 5.08 shall be due and payable in advance on the first day of July of each fiscal year; provided, however, license taxes for new operations
commenced after the first day of July may be prorated on a quarterly basis, a fraction of which shall be considered a whole quarter, for the balance of the license period.
B. Weekly. Unless otherwise specifically provided in this Chapter or Chapter
5.08, all weekly license taxes imposed by the provisions of this Chapter or Chapter 5.08 shall be due and payable retroactively (covering the week prior) on Monday of each week. License taxes for new operations which commence in the middle of a week must pay in advance the full amount of the tax for the first week in operation and each week thereafter.
C. Daily. Unless otherwise specifically provided in this Chapter or Chapter
5.08, all daily license taxes imposed by the provisions of this Chapter or Chapter 5.08 shall be due and payable retroactively (covering the day prior) at 9:00 a.m. each day.
D. No refund of any tax or fee paid under this chapter shall be made by virtue of discontinuance, dissolution or other termination of a business.
5.04.270 – Taxes – Delinquencies – Penalties.
A. For failure to pay a license tax when due, the Community Development Department shall automatically add a penalty of 15 percent of the license tax at 9:00 a.m. on the first day delinquent. License taxes shall be considered delinquent as follows:
1. Annual license taxes shall be delinquent on August 1 of each year.
2. Weekly license taxes shall be delinquent on the Monday following the Monday on which the tax was due.
3. Daily license taxes shall be delinquent on the day following the day on which the tax was due.
B. For the purposes of this section, if the last day of the month falls on a Saturday, Sunday, or holiday, the penalty shall not be added until the next regular business day on which the City Hall is open to the public. Payments postmarked on this date shall be accepted in the same manner as if payment was received in the City Hall. If the license tax remains unpaid 60 days after the due date thereof, the amount of the tax plus the 15 percent penalty may be sent to a collection agency for collection immediately after conclusion of the sixtieth day or collection may be pursued in any legal manner provided for in the Atwater Municipal Code and State and federal laws, including citing and closure of the business for operating without a current business license.
5.04.280 – Taxes – Delinquencies – Agreements for installment payments.
A. No business license or associated sticker, tag, plate, or symbol shall be issued, nor shall one which has been suspended or revoked be reinstated or reissued, to any Person who, at the time of applying therefor, is indebted to the City for any delinquent license taxes unless such Person, with the consent of the Community Development Department, enters into a written agreement with the City, through the Community Development Director, to pay such delinquent taxes, plus eight percent simple annual interest upon the unpaid balance, in weekly or monthly installments, extending over a period of not to exceed one year.
B. In any agreement so entered into, such Person shall acknowledge the obligation owed to the City and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid shall become immediately due and payable and any current license shall be revocable by the Community Development Department upon thirty days' notice. In the event legal action is brought by the City to enforce collection of any amount included in the agreement, the prevailing party shall recover from the other party all costs of suit incurred including reasonable attorney's fees. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided herein; provided, however, no penalties shall accrue on account of taxes included in the agreement after the execution of the agreement and the payment of the first installment and during such time as such Person shall not be in breach of agreement.
5.04.290 – Taxes – Overpayment – Refunds.
No refunds of an overpayment of taxes imposed by the provisions hereof shall be made in whole or in part unless a claim for a refund is filed with the Community Development Department within a period of three years from the last day of the calendar month following the period for which the overpayment was made, and all such claims for a refund shall be on forms furnished by the Community Development Department and in the manner prescribed by the Community Development Department. Upon the filing of such claim, and if it is determined that an overpayment has been made, the Community Development Department may refund the amount overpaid.
5.04.300 – Taxes and penalties debt to City – Actions to collect.
The amount of any license tax and penalty imposed by the provisions hereof shall be deemed a debt to the City. An action for the amount of any delinquent license tax and penalties may be commenced in the name of the City in any court of competent jurisdiction.
5.04.310 – Violations – Administrative citation.
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1.01.110 of this Code. Each and every violation of the provisions of this Chapter constitutes a misdemeanor and is hereby deemed unlawful and a public nuisance.
B. If a person is in violation of this Chapter by virtue of failing to have a valid business license, the City’s Code Enforcement division may cause the party to be issued an administrative citation at the time of discovery of the violation, and require the cessation of business activities conducted without the benefit of a valid business license. Said citation shall identify the date, time, and circumstance of the violation; state the amount of the penalty fee to be imposed; and advise the person of their appeal rights as provided in Sections 5.04.350 – 5.04.380 herein. All penalties imposed by citation pursuant to this section shall be payable to the City, unless otherwise directed on the citation. The amount of the penalty imposed shall be as follows:
1. $100.00 for a first violation.
2. $200.00 for a second violation within 12 months of the first violation.
3. $500.00 for the third and each subsequent violation within 12 months of the first violation.
4. For all delinquent, unpaid administrative citation penalties, there shall be a penalty imposed in the amount of ten percent of the penalty amount and an additional one percent per month of the total amount of such penalty for each month during the time that said penalty remains unpaid after its delinquency date. The delinquency date for an administrative citation penalty shall be sixty days following the imposition of the penalty, or the appeal determination of the administrative hearing officer, whichever is later. The failure of any person to pay the fines assessed by an administrative citation within the time specified on the citation may result in the director referring the matter to the Finance Department or other designated agent for collection.
C. The City reserves the right to pursue any other available legal remedy to address violations of this Chapter.
5.04.320 – Enforcement; Inspections.
A. The Finance Director, the Chief of Police, and Community Development Director are collectively responsible for enforcing the provisions of this title, and to that end may inspect any and all types or classes of businesses
which are licensed and regulated by the City pursuant to this title. The Finance Director, Chief of Police, and Community Development Director and their deputies or subordinate personnel may enter any place of business which is subject to the provisions of this title for the purpose of inspection for compliance with this title.
B. The Community Development Department and police department may, during the term of a license, require the licensee to complete a license information update form for the purpose of ensuring continued compliance with this title. The licensee shall, within 15 calendar days of the date the City mails such an information form, return the completed form to the Community Development Department or to the police department, whichever officer has requested the information update form.
5.04.330 – Suspension of license.
A. Any business license issued pursuant to this Chapter may be suspended for not longer than one year during its term if the Community Development Department finds in writing that one or more of the following grounds exists:
1. The enterprise is operated or maintained in a manner or is located on grounds or within a building which violates or is in violation of local, state, or federal laws, and by operation of such laws the termination of the enterprise is required, and the findings specify the specific provision or provisions of law violated;
2. That conditions applied to the business license pursuant to sections
5.04.160 have been violated, and that the violations are likely to continue, based on the prior history of the business and compliance with the existing conditions.
3. That the business cannot, during the time of the proposed suspension, be operated in a manner that does not cause nuisance by disturbing the peace and quiet of neighborhoods, occupants of adjacent property, or endanger or create disturbances for patrons of the business.
B. With respect to any enterprise required by the provisions of this Chapter to possess a business license, suspension of the business license shall terminate only the privilege of doing business at the location to which the license relates for the duration of the suspension. The suspension of a business license shall remain in effect until the cause for suspension is corrected or cured, or until expiration of the stated period of suspension.
C. Upon receipt of findings as required by this Section, the Community Development Department may issue a written notice of suspension, stating the reasons therefor as indicated in such findings. The notice shall be served by the Community Development Department upon the holder of the
license by mail or personal delivery. If served by mail, the date of service shall be deemed to be the date the Community Development Department placed the notice in the mail. The suspension shall become effective 15 days after the date of service, unless the holder of the license files an administrative appeal within the time and in accordance with the provisions of section 5.04.360. If such an administrative appeal is filed, the suspension shall not become final until the administrative appeal is final as determined in sections 5.04.380, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.
5.04.340 – Revocation of license.
A. Any business license issued pursuant to this Chapter may be revoked during its term if the Community Development Department finds in writing that one or more of the following grounds exists:
1. The enterprise is operated or maintained in a manner or is located on grounds or within a building which violates or is in violation of local, state, or federal laws, and by operation of such laws the termination of the enterprise is required, and the findings specify the specific provision or provisions of law violated;
2. The holder of the license has violated one or more conditions imposed pursuant to sections 5.04.160 upon which the license has been issued, and the findings specify the particular condition or conditions violated;
3. The holder of the business license has failed in the license application or renewal application to provide information that is required by sections 5.04.120 or 5.04.200, as applicable, and such information is necessary to a determination respecting compliance with local, state, or federal laws; or
4. The enterprise is that of a contractor as defined in Division 3, Chapter 9, Article 2, Section 7026 et seq. of the Business and Professions Code, and the Community Development Department finds that the licensee is not licensed by the State of California Contractors State License Board to engage in the business as a contractor with a valid, unexpired, unsuspended, unrevoked license issued by the State of California Contractors State License Board, or that the licensee fails to provide sufficient proof, as determined by the finance director, that such contractor’s license is valid, unexpired, unsuspended, and unrevoked.
B. Upon receipt of findings as required by section 5.04.370, the Community Development Department may issue a written notice of revocation, stating the reasons for such revocation as indicated in such findings. The notice
shall be served by the Community Development Department upon the holder of the license by mail or personal delivery. If served by mail, the date of service shall be deemed to be the date the Community Development Department placed the notice in the mail. The revocation shall become effective 15 days after the date of service, unless the holder of the license files an administrative appeal within the time and in accordance with the provisions of section 5.04.360. If such an administrative appeal is filed, the revocation shall not become effective until the administrative appeal is final as determined in sections 5.04.380, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.
5.04.350 – Grounds for appeal.
Appeals may be heard in relation to actions by the City to deny issuance of an initial business license or renewal of a business license, actions by the City to revoke or suspend a business license, or action by the City to impose additional or changed terms upon an existing business license. Such appeals shall be conducted as prescribed in this Chapter.
5.04.360 – Written request for appeal.
A. Within ten (10) calendar days after the date of a decision to deny issuance of an initial business license or renewal of a business license, to revoke or suspend a business license, or to add or change conditions to an existing business license, an applicant may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. The written appeal shall be in writing and signed by the person making the appeal or their legal representative, and shall contain the following:
1. Name, address, and telephone number of the appellant;
2. Specification of the decision, action, or a particular part thereof that is the subject of the appeal;
3. A true and correct copy of the notice issued by the City which the appellant is appealing;
4. Specification of the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the hearing officer to understand the nature of the controversy, the basis of the appeal, and the relief requested; and
5. All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing.
B. At the time of filing the appeal, the appellant shall pay the designated appeal fee that is established by resolution of the City Council from time to time.
C. Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal a notice issued by the City. In this event, the City’s notice of denial, nonrenewal, revocation, suspension, or change or addition of permit terms shall be final.
D. A hearing officer, as appointed by the City Manager or his/her designee, shall hear appeals under this Chapter.
5.04.370 – Appeal hearing procedures.
A. Appellants who file a timely written appeal will be entitled to an administrative hearing before the hearing officer.
B. Upon receipt by the City Clerk of a timely-filed appeal pertaining to a denial, nonrenewal, revocation, suspension, or change or addition of permit terms, the City Clerk shall schedule a hearing within forty five days (45) days or as soon as reasonably possible thereafter, or upon any other date that the City and appellant shall mutually agree upon.
C. The appellant listed on the written appeal form shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing (“Notice of Hearing”).
D. A request by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than three (3) business days before the date scheduled for the hearing. The City may continue a hearing for good cause, or on its own motion. However, in no event may the hearing be continued for more than thirty (30) calendar days, unless there is a stipulation by all parties to do so.
E. At the date, time, and location set forth in the Notice of Hearing, the hearing officer shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.
F. The following rules shall apply at the appeal hearing:
1. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
2. The Appellant shall bear the burden of proof by a preponderance of the evidence.
3. The hearing officer may not accept and consider late evidence not submitted initially with the Notice of Appeal unless the appellant demonstrates the lateness was due to his or her mistake, inadvertence, surprise, or excusable neglect. The hearing officer shall make such determinations on a case-by-case basis.
4. The appellant may bring a language interpreter to the hearing at their sole expense.
5. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
G. If the appellant, or their legal representative, fails to appear at the appeal hearing, the hearing officer may open the appeal hearing, allow the City to present its prima facie evidence in support of the challenged decision, and ask the hearing officer to make a determination as to the appeal on the record. The hearing officer shall then send a notice of its determination to the appellant by certified, first class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the hearing officer’s notice of decision is final and binding.
H. Final Decision. Following the conclusion of the administrative hearing, the hearing officer shall issue a written decision within a reasonable time which (i) determines if the action appealed from is affirmed or overturned and (ii) specifies the reasons for the decision.
I. A copy of the written decision shall be served by certified, first class mail on the appellant, unless other service method shall be agreed to between the parties. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.
5.04.380 – Finality of determination.
With respect to an administrative appeal from the denial of a new application for a business license, the decision by the hearing authority shall become final upon the date of filing of the decision with the Community Development Department and service thereof on the applicant or licensee.”
Section 4: Amendment of the Municipal Code. Chapter 5.08 – Schedule of License Fees is hereby renamed as Chapter 5.08 – Schedule of License Taxes.
Section 5: Amendment of the Municipal Code. Existing Section 5.08.010 of the Atwater Municipal Code, “Gross receipts defined” is hereby deleted in its entirety, and replaced with a new Section 5.08.010, “License tax; Wholesale and retail sales,” to read in full as follows:
“5.08.010 - License tax; Wholesale and retail sales.
A. Every person who sells or offers for sale any goods, wares, or merchandise, except as herein otherwise provided, either as principal or agent, whether on commission or otherwise, and whether for present or future delivery, or whether said goods, wares or merchandise are owned or consigned to the person, and every person carrying on or conducting the business or occupation as set forth in this section, and every person engaged in any kind of lawful business not otherwise mentioned in this chapter, shall pay an annual license tax based upon total gross receipts at the following rates:
$60.00 for the first $50,000.00 in gross receipts and $0.28 for each $1,000.00 in gross receipts or portion thereafter. The period used to calculate gross receipts will be April 1 of the previous year through March 31 of the current year.
B. In computing gross receipts under this section, there may be deducted the amount of gross receipts which has been the measure of a license tax paid to any other City.
C. Each new business starting in the gross receipts category shall pay for the year based on a figure for its estimated gross receipts.” Section 6: Amendment of the Municipal Code. Existing Section 5.08.020 of the Atwater Municipal Code, “License fee – Wholesale and retail sales” is hereby deleted in its entirety. Existing Section 5.08.030 of the Atwater Municipal Code, “Tax based on flat rate – Fixed place of business” is hereby renumbered as Section 5.08.020, retitled “Tax based on flat rate,” and amended in full to read as follows:
“5.08.020 - Tax based on flat rate.
Every person transacting or carrying on business enumerated in this section providing personal and business services within the City shall pay an annual license tax as follows:
Advertising, signs $60
Alterations, dressmaking, etc. $60
Ambulance $60
Auctioneer $100
Auction, fire sale, etc. $480
Barbershop $60
Beauty shop $60
Billboard advertising $60
Billiard or pool hall $60
Book, encyclopedia, magazine sales $60
Car wash $60
Card room – first table $120
Card room – each additional table $60
Child nursery $60
Christmas tree sales $60
Cleaning services $60
Collection agency $60
Dance school or studio $60
Dry cleaners $60
Equipment rental $60
Funeral parlor $100
Gardener $60
Hauling and delivery services $60
Hotel or motel $60
Jukebox – per machine $10
Laundries or Laundromats $60
Locksmith and sharpeners $60
Magazine sales $60
Mechanical games – per machine $10
Mobilehome park $60
Moving and storage $60
Music teacher $60
Newspaper – daily $100
Newspaper – other than daily $60
Office equipment sales or rentals $60
Photography studio (no merchandise
sold)
$60
Photostat & blueprinting $60
Reducing salon $60
Selling ice cream, etc.—1 vehicle $60
Selling ice cream, etc.—each additional
vehicle
$20
Shoe repair $60
Signs $60
Skating rink $80
Soliciting orders for sewing machines $60
Telephone companies $500
Theaters, etc.—1 to 500 seats $60
Theaters, etc.—501 to 1,000 seats $120
Title company $120
Tree trimming $60
Towing service $60
Traveling photographer $500
Vending machines—first machine $60
Vending machines—each additional
machine
$4
Warehousing $60
Business, trades, etc., otherwise not
covered
$60
“
Section 7: Existing Section 5.08.030 of the Atwater Municipal Code, “Tax based on flat rate – Fixed place of business” is renumbered as Section 5.08.020 and amended as set forth in the preceding section. A new Section 5.08.030 of the Atwater Municipal Code, “Application for reclassification; appeal” is hereby added in full to read as follows:
“5.08.030 - Application for reclassification; appeal.
A. In any case where a licensee or an applicant for a license believes that his individual business is not assigned to the proper classification under this Chapter because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may apply to the Community Development Department for reclassification. Such application shall contain such information as the Community Development Department may deem necessary and require in order to determine whether the applicant's individual business to the classification shown to be proper on basis of such investigation.
B. The Community Development Department shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United States Post Office in Atwater, California, postage prepaid, addressed to the applicant at his last known address. Said applicant may, within 15 days after the mailing or serving of such notice, make written request to the Community Development Department for a hearing on his application for reclassification. If such request is made within the time prescribed, the Community Development
Department shall cause the matter to be set for hearing before the a hearing officer, as that term is defined in Chapter 5.04, within 15 days. The hearing officer shall give the applicant at least ten days’ notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken on the application for reclassification. The hearing officer shall consider all evidence adduced and its findings thereon shall be final. Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification. No further administrative appeal may be had once the hearing officer’s final determination on the application for reclassification has been made.”
Section 8: Amendment of the Municipal Code. Existing Section 5.08.040 of the Atwater Municipal Code, “Tax based on flat rate – no fixed place of business” is hereby deleted in its entirety.
Section 9: Amendment of the Municipal Code. Existing Section 5.08.050 of the Atwater Municipal Code, “Tax based on weekly flat rate” is hereby renumbered as Section
5.08.040.
Section 10: Amendment of the Municipal Code. Existing Section 5.08.060 of the Atwater Municipal Code, “Tax based on daily flat rate” is hereby renumbered as Section
5.08.050.
Section 11: Amendment of the Municipal Code. Existing Section 5.08.070 of the Atwater Municipal Code, “Delivery by vehicle, wholesale and retail” is hereby renumbered as Section 5.08.060.
Section 12: Amendment of the Municipal Code. Existing Section 5.08.075 of the Atwater Municipal Code, “License fee – manufacturing” is hereby renumbered as Section 5.08.070, renamed “License tax; manufacturing,” and amended to read in full as follows:
“5.08.070 – License tax; manufacturing.
A. Every person engaged in the business of manufacturing or processing of any goods, wares, merchandise, articles, or commodities at a fixed place of business within the City of Atwater shall pay $60.00 for the first $50,000.00 in gross receipts and $0.28 for each $1,000.00 in gross receipts or portion thereafter. The period used to calculate gross receipts will be April 1 of the previous year through March 31 of the current year.
B. Whenever there are no gross receipts within the City of Atwater, the method of calculation for the license fee shall be based on the total of all expenses incurred in the manufacturing process at the business location with the City of Atwater for payroll, utilities, depreciation and/or rent.
C. No license fee for a business taxed under this section shall exceed $500.00.”
Section 13: Amendment of the Municipal Code. Existing Section 5.08.080 of the Atwater Municipal Code, “Professionals – annual license” is hereby renumbered as Section 5.08.080 and renamed “Professionals; annual license.” The text of this section is retained in its entirety.
Section 14: Amendment of the Municipal Code. Existing Section 5.08.090 of the Atwater Municipal Code, “Contractor” is hereby renumbered as Section 5.08.090. The title and text of this section are retained in their entirety.
Section 15: Amendment of the Municipal Code. Existing Section 5.08.095 of the Atwater Municipal Code, “Rental of property” is hereby renumbered as Section 5.08.100 and amended to read as follows:
“5.08.100 – Rental of Property.
A. Every person engaged in the business of managing the rental of homes or apartments within the City for periods of longer than 30 consecutive days, and which rental units total five or more, shall pay a license tax of $60.00 per year.
B. Every person engaged in the business of managing the rental of commercial, industrial, or other business property within the City shall pay a license tax of $60.00 per year.
C. Notwithstanding the foregoing, this section shall not apply to owners of real property who also manage said properties.
D. This section shall not apply to persons engaged in managing short term rentals of residences for a period of 30 consecutive days or less.” Section 16: Amendment of the Municipal Code. Existing Section 5.08.100 of the Atwater Municipal Code, “Prorated quarterly license tax” is hereby renumbered as Section 5.08.105.
Section 17. Effective Date. Within fifteen (15) days from and after adoption, this Ordinance, or a summary thereof, shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
Section 18: Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.
This City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance be enforced.
Section 19: CEQA. Approval of the amendments to the Atwater Municipal Code set forth in this Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (“CEQA”) Guidelines section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
PASSED AND ADOPTED by the City Council of the City of Atwater on the ____ day of __________________, 2022, by the following vote:
INTRODUCED:
ADOPTED:
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________
LUCY ARMSTRONG, CITY CLERK
Title 5 - BUSINESS TAXES, LICENSES AND REGULATIONS
CHAPTER 5.04 GENERAL PROVISIONS
Atwater, California, Code of Ordinances Created: 2022-07-11 10:10:01 [EST] (Supp. No. 8)
CHAPTER 5.04 GENERAL PROVISIONS
5.04.010 Definitions.
As used in this title:
A. "Business" includes professions, trades, and occupations and all and every kind of calling whether or not carried on for profit.
B. "Established place of business" means a fixed place, location or building, owned by the person who uses such place, location or building as his permanent place of business, or rented or leased by the user on a yearly or monthly basis, which place may be the residence of the user.
C. "Gross receipts" is defined in Section 5.08.010.
D. "Itinerant vendor or solicitor" means any person whether a resident of this City or not, who has no established place of business in this City and who goes from place to place for the purpose of selling any goods, ware or merchandise, or services to be delivered at some future time or date.
E. "Person" includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, or common law trusts, societies, and individuals transacting and carrying on any business in the City, other than as an employee.
(Prior Code § 6-1.101; Ord. CS 570, 1985)
5.04.020 Purpose of title.
The ordinance codified in this chapter and Chapter 5.08 is enacted solely to raise revenue for municipal purposes, and is not intended for regulation.
(Prior Code § 6-1.102; Ord. CS 570, 1985)
5.04.030 Regulation under this title not relief from other ordinances.
Persons required to pay a license tax for transacting and carrying on any business under this chapter or Chapter 5.08 shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance of the City, and shall remain subject to the regulatory provisions of other ordinances.
(Prior Code § 6-1.103; Ord. CS 570, 1985)
5.04.040 Effect on past actions and previous obligations.
Neither the adoption of the ordinance codified in this chapter and Chapter 5.08 nor its superseding of any portion of any other ordinance of the City shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect.
Created: 2022-07-11 10:10:01 [EST]
(Supp. No. 8)
(Prior Code § 6-1.104; Ord. CS 570, 1985)
5.04.050 License—Required.
There are imposed upon the business, trades, professions, callings and occupations specified in this chapter and Chapter 5.08 license taxes in the amounts hereinafter prescribed. It is unlawful for any person to transact and carry on any business, trade, professions, calling or occupation in the City without first having procured a license from the City to do so or without complying with any and all applicable provisions of this chapter and Chapter 5.08. (Prior Code § 6-1.105; Ord. CS 570, 1985)
5.04.060 License—Required for separate activities and branch establishments.
A. A separate license must be obtained for each branch establishment or location of the business transacted and carried on. For separate types of business activities at the same location, the license shall authorize the licensee to transact and carry on the businesses licensed thereby at the location or in the manner designated in such license certificate; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter and Chapter 5.08 shall not be deemed to be separate places of business or branch establishments.
B. For any business as to which more than one flat rate business tax amount may be applicable due to coming within two or more classifications set forth in this article, as a result of separate activities that classification of business tax which produces the greatest revenue to the City shall apply.
C. When there are two or more separate business activities being conducted at the same location and at least one activity is subject to gross receipts, then the combined total of the gross receipts for all activities shall be used for the purposes of computing the business license tax. (Prior Code § 6-1.106; Ord. CS 570, 1985)
5.04.070 License—Exemption.
A. Nothing in this chapter and Chapter 5.08 shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtues of the constitution or applicable statutes of the United States or of the State from the payment of such taxes as are herein prescribed.
B. The provisions of this chapter and Chapter 5.08 shall not be deemed or construed to require the payment of a license tax to conduct, manage or carry on any business, occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual; nor shall any license tax be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects within the City whenever the receipts of any such entertainment, concert, exhibition, or lecture are to be appropriated to any church or school or to any religious or benevolent purpose; nor shall any license tax be required for the conducting of any entertainment, dance, concert, exhibition, or lecture by any religious charitable, fraternal, educational, military, state, county, or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any of the provisions of this Code requiring a permit from the City Council or any commission or officer to conduct, manage, or carry on any profession, trade, calling or occupation.
Created: 2022-07-11 10:10:01 [EST]
(Supp. No. 8)
C. None of the license taxes provided for by this chapter and Chapter 5.08 shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the business license department for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the business license department may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The business license department shall then conduct an investigation, and after having first obtained the written approval of the City Attorney, shall fix as the license tax for the applicant, an amount that is reasonable and nondiscriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the business license department shall have the power to base the license tax upon a percentage of receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this chapter and Chapter 5.08. Should the business license department determine the gross measure of license tax to be the proper basis, they may require the applicant to submit, either at the time of termination of the applicant's business in the City, or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of license tax therefore; provided, that no additional license tax during any one calendar year shall be required after the licensee has paid an amount equal to the annual license tax as prescribed in this chapter and Chapter 5.08.
D. Any minor under the age of 18 years shall be exempt from the business tax provisions of this chapter.
E. The City Manager after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided in this section.
(Prior Code § 6-1.107; Ord. CS 570, 1985)
5.04.080 License certificate—Contents.
Every person required to have a license under the provisions of this chapter and Chapter 5.08 shall make application for the same to the business license department; after appropriate review and upon the payment of the prescribed license tax, the business license department shall issue to such person a license certificate which shall contain:
(1) The name of the person to whom the license is issued; (2) The business activities licensed;
(3) The place where such business is to be transacted and carried on; (4) The date of the expiration of such license; and
(5) Such other information as may be necessary for the enforcement of the provision of this chapter and Chapter 5.08.
(Prior Code § 6-1.108; Ord. CS 570, 1985)
5.04.090 Application for first license—Written statement required.
A. Upon a person making application for the first license to be issued under this chapter or for a newly established business, shall furnish to the business license department for their guidance in ascertaining the
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amount of license tax to be paid by the applicant, a written statement, upon a form provided by the business license department, setting forth such information as may be therein required and as may be necessary to determine the nature of the business and the amount of the license tax to be paid by the applicant.
B. The business license department shall not issue to any such person another license for the same or any other business, until such person has furnished the written statement and paid the license tax as herein required. (Prior Code § 6-1.109; Ord. CS 570, 1985)
5.04.095 Application—Review required.
A. Such application for a new license shall be investigated and certified as noted below unless otherwise directed by the business license department. The City shall make every attempt practicable to complete all required investigations within ten working days of the receipt of an application:
(1) The Planning Department shall certify that the business and its location comply with zoning requirements of the City of Atwater.
(2) The Building Department shall certify that certificates of occupancy have been issued for all buildings of the business. No certificate of occupancy shall be issued for businesses requiring a food handling permit until the Merced County Department of Health has also inspected and approved the building. (3) The Fire Department shall certify that the structure of the business comply with fire codes and standards of the City of Atwater.
(4) The City Attorney shall certify that the business is a lawful use under State and local laws and regulations.
(5) The City Manager shall certify that the business and its location comply with the requirements of the Redevelopment Plan of the City of Atwater when the proposed location is within the Redevelopment Plan boundaries.
B. Such application for a renewal of a license on the relocation of a business establishment shall be reviewed by the business license department to determine if any changes exist which may require any of the reviews identified above. If a review is felt necessary the application shall be forwarded to the appropriate department and or official for their review.
(Ord. CS 570, 1985)
5.04.100 Renewal license—Written statement required.
A. In cases, for licenses issued on the basis of gross receipts the applicant for the renewal of a license shall submit to the business license department, for their guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement, upon a form to be provided by the business license department written under penalty of perjury, or sworn to before a person authorized to administer oaths, setting forth such information concerning the applicant's business during the preceding year as may be required by the business license department to enable to ascertain the amount of the license tax to be paid by the applicant pursuant to the provisions of this chapter and Chapter 5.08.
B. In cases for licenses not issued on the basis of gross receipts, the applicant may be required to submit a written statement to the business license department if any changes exist that may require the review or reclassification of the applicant's business.
(Prior Code § 6-1.110; Ord. CS 570, 1985)
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5.04.110 Statements not conclusive.
A. No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sums actually due and payable hereunder.
B. The information furnished or secured pursuant to this section or Section 5.04.090 shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor and such officer or employee of the City shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this chapter and Chapter 5.08, in addition to any other penalties provided by law.
(Prior Code § 6-1.111; Ord. CS 570, 1985)
5.04.120 Failure to file statement or corrected statement—Hearing.
A. If any person fails to file a required statement within the time prescribed, or if after demand therefor made by the business license department he fails to file a corrected statement, the business license department may determine the amount of license tax due from such person by means of such information as they may be able to obtain.
B. If such a determination is made, the business license department shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Atwater, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within 15 days after the mailing or serving of such notice, make application in writing to the City Clerk for a hearing on the amount of the license tax. If such application is made, the City Clerk shall cause the matter to be set for hearing within 15 days before the City Council. The City Clerk shall give at least ten days notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment.
The Council shall consider all evidence produced, and shall make findings thereon, which shall be final.
Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment.
(Prior Code § 6-1.112; Ord. CS 570, 1985)
5.04.130 Appeal procedure.
Any person aggrieved by any decision of the business license department with respect to the issuance or refusal to issue any such license may appeal to the Council by filing a notice of appeal with the Clerk of the Council.
The Council shall thereupon fix a time and place for hearing such appeal. The Clerk of the Council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Atwater, California, postage prepaid, addressed to such person at his last known address. The Council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provisions of this chapter and Chapter 5.08. (Prior Code § 6-1.113; Ord. CS 570, 1985)
5.04.140 Additional power of City Manager.
In addition to all other power conferred upon him the City Manager shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding 30 days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of Council, to compromise any claim as to amount of license tax due.
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(Prior Code § 6-1.114; Ord. CS 570, 1985)
5.04.150 Licenses nontransferable—Change of location.
No license issued pursuant to this chapter and Chapter 5.08 shall be transferable, provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may upon application therefor and paying a fee of $10.00 have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business is or is to be moved. (Prior Code § 6-1.115; Ord. CS 570, 1985)
5.04.170 Duplicate license—Fee.
A duplicate license may be issued by the business license department to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying to the business license department a duplicate license fee of $5.00. (Prior Code § 6-1.117; Ord. CS 570, 1985)
5.04.180 Posting and keeping licenses.
All licenses must be kept and posted in the following manner:
A. Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on.
B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the City shall keep the license upon his person at all times while transacting and carrying on such business. (Prior Code § 6-1.118; Ord. CS 570, 1985)
5.04.190 License tax—How and when payable.
A. Unless otherwise specifically provided, all annual license taxes, under the provision of this chapter and Chapter 5.08, shall be due and payable in advance on the first day of July of each fiscal year.
B. Except as otherwise provided, license taxes, other than annual, required hereunder shall be due and payable as follows:
1. Weekly flat rate license taxes on Monday of each week in advance;
2. Daily flat rate license taxes each day in advance.
C. No refund of any tax or fee paid under this chapter shall be made by virtue of discontinuance, dissolution or other termination of a business.
(Prior Code § 6-1.119; Ord. CS 395, 1979; Ord. CS 570, 1985)
5.04.200 Enforcement powers.
A. It shall be the duty of the City Manager or his designee to enforce each and all of the provisions of this chapter and Chapter 5.08, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required.
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B. The City Manager in the exercise of the duties imposed upon him hereunder, and acting through his designees shall examine or cause to be examined all places of business in the City, to ascertain whether the provisions of this chapter and Chapter 5.08 have been complied with.
C. The City Manager and each of his designees and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business, required to be licensed herein, and demand an exhibition of its license certificate. Any person having such license certificate theretofore issued, in his possession or under his control, who willfully fails to exhibit the same on demand, shall be guilty of an infraction and subject to the penalties provided for by the provisions of this chapter, Chapter 1.01, and Chapter 5.08. It shall be the duty of the City Attorney to cause a complaint to be filed against any and all persons fund to be violating any of such provisions.
(Prior Code § 6-1.301; Ord. CS 570, 1985)
5.04.210 License tax a debt.
The amount of any license tax and penalty imposed by the provisions of this chapter and Chapter 5.08 shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction, for the amount of any delinquent license tax and penalties. (Prior Code § 6-1.302; Ord. CS 570, 1985)
5.04.220 Remedies cumulative.
All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Prior Code § 6-1.303; Ord. CS 570, 1985)
5.04.230 Penalties for failure to pay tax.
For failure to pay a license tax when due, the business license department shall add a penalty of 15 percent of the license tax on the last day of the first month after the due date thereof. For the purposes of this section, if the last day of the month falls on a Saturday, Sunday, or holiday, the penalty shall not be added until the next regular business day on which the City Hall is open to the public. Payments postmarked on this date shall be accepted in the same manner as if payment was received in the City Hall. If the license tax remains unpaid 60 days after the due date thereof, the amount of the tax plus the 15 percent penalty may be sent to a collection agency for collection immediately after conclusion of the sixtieth day or collection may be pursued in any legal manner provided for in the Atwater Municipal Code and State and federal laws, including citing and closure of the business for operating without a current business license.
(Prior Code § 6-1.120; Ord. CS 395, 1979; Ord. CS 570, 1985) CHAPTER 5.08 SCHEDULE OF LICENSE FEES
5.08.010 Gross receipts defined.
"Gross receipts" as used in this chapter is defined as follows: The total amount of the sale price of all sales, the total amount charged or received for the performance of an act, service or employment of whatever nature it may be, whether such service act of employment is done as part of or in connection with the sale of goods, wares,
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merchandise or not, for which a charge is made, including all receipts, cash credits and property of any kind of nature, without any deduction therefrom on account of the costs of the property sold, the costs of the material used, labor or service cost, interests paid or payable, losses or any other expenses whatsoever; provided, the cash discounts allowed or taken on sales shall not be included, and this chapter shall not be construed to impose any tax upon any business or transaction which this City is not authorized to license or tax under any law of this State or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale, shall be deducted for the purposes of determining gross receipts. (Prior Code § 6-1.201 (a); Ord. CS 570, 1985)
5.08.020 License fee—Wholesale and retail sales.
A. Every person who, at a fixed place of business within the City, sells or offers for sale any goods, wares or merchandise, except as herein otherwise provided, either as principal or agent, whether on commission or otherwise, and whether for present or future delivery, or whether said goods, wares or merchandise are owned or consigned to the person, and every person carrying on or conducting at a fixed place of business in the City the business or occupation as set forth in this section, and every person engaged in any kind of lawful business not otherwise mentioned in this chapter, shall pay an annual license fee based upon total gross receipts at the following rates: $60.00 for the first $50,000.00 in gross receipts and $0.28 for each $1,000.00 in gross receipts or portion thereafter. The period used to calculate gross receipts will be April 1 of the previous year through March 31 of the current year.
B. In computing gross receipts under this section, there may be deducted the amount of gross receipts which has been the measure of a license tax paid to any other City.
C. Each new business starting in the gross receipts category shall pay for the year based on a figure for its estimated gross receipts.
(Prior Code § 6-1.201(b); Ord. CS 395, 1979; Ord. CS 423, 1979; Ord. CS 468, 1981; Ord. CS 570, 1985; Ord. CS 750, 9-08-1997)
5.08.030 Tax based on flat rate—Fixed place of business.
Every person transacting or carrying on business enumerated in this section providing personal and business services and having a fixed place of business within the City shall pay an annual license tax as follows:
Advertising, signs $ 60.00
Alterations, dressmaking, etc. 60.00
Ambulance 60.00
Auctioneer 100.00
Barbershop 60.00
Beauty shop 60.00
Billiard or pool hall 60.00
Car wash 60.00
Card room—1 table 120.00
Each additional table 60.00
Child nursery 60.00
Cleaning services 60.00
Collection agency 60.00