Atwater City Council
October 24, 2022

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
October 24, 2022
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM

PLEDGE OF ALLEGIANCE TO THE FLAG

INVOCATION
Invocation by Timothy Miller
ROLL CALL:

Ambriz ____, Button ____, Cale____, Raymond____, Creighton _____

City Council Agenda for Meeting of October 24, 2022 Page 2 SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.

CEREMONIAL:
• Key to the City - Norman Rolfe
Staff's Recommendation: That Mayor Creighton present the Key to the City to Norman Rolfe for his many contributions to the City of Atwater.

CONSENT CALENDAR

NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.

WARRANTS:

1. October 24, 2022
Staff's Recommendation: Approval of warrants as listed.

TREASURER'S REPORT:

2. August 31, 2022
Staff's Recommendation: Approval of report as listed.

MINUTES: : (City Council)

3. July 25, 2022 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.

CALL FOR BIDS:

4. Approving plans and specification and authorizing advertising and calling for bids for Downtown Pedestrian Improvement Project – Phase 1 (Community Development Director Thompson)
Staff's Recommendation: Approval of the plans and specifications

City Council Agenda for Meeting of October 24, 2022 Page 3 and authorizing advertising and call for bids for Downtown Pedestrian Improvement Project-Phase 1, Bid Call No. 708-21, City Project No. 20- 7, Federal Project No. CML-5254(030)

5. Approving specifications and authorizing advertising and Call for Bids for the purchase of Law Enforcement Sidearms for the Police Department (Police Chief Salvador)
Staff's Recommendation: Approval of specifications and authorizing advertising and call for bids for the purchase of handguns for the Police Department, Bid Call No. 718-22.

RESOLUTIONS:

6. Approving Budget Amendment regarding appropriation of Abandoned Vehicle Program Funds for the Electronic Citation System(Police Chief Salvador)
Staff's Recommendation: Adoption of Resolution No. 3351-22 approving Budget Amendment No. 6 amending Fiscal Year 2022-23 Budget regarding Abandoned Vehicle Program Funds to continue the Electronic Citation Program for the Police Department.

7. Approving participation in the Multijurisdictional Housing Element and Cost sharing Agreement (Community Development Director Thompson) Staff's Recommendation: Adoption of Resolution No. 3352-22 authorizing the participation in the Multijurisdictional Housing Element (MJHE) and Cost Sharing Agreement; and authorizes the City Manager, or her designee, to execute any and all documents related to the MJHE

8. Approving and authorizing Purchase and Sale Agreement for real property and approving the expenditure of any closing costs and related expenses (Community Development Director Thompson) Staff's Recommendation: Adoption of Resolution No. 3353-22 approving and authorizing the purchase of real property located at 1039 and 1089 Atwater Boulevard, Atwater, CA 95301, more particularly described as Assessors Parcel Nos. 002-219-010 and 002-219-011, from Kiranjeet Dhami in the amount of Four Hundred Thousand Dollars ($400,000), and approves the expenditure of any additional and related closing costs expenses; and authorizes and directs the City Manager to execute a Purchase and Sale Agreement, in a form approved by the City Attorney, and all documents related to the purchase of the property on behalf of the City.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

9. Waiving the second reading and adopting an Ordinance of the City Council approving Zoning Text Amendment No. 22-17-0100 Amending Chapter 17.43 “Downtown Business District” of the Atwater Municipal Code to allow Mobile Food Vendors as a Conditional Use (Community Development Director Thompson)

City Council Agenda for Meeting of October 24, 2022 Page 4 Staff's Recommendation: Waives the second reading and adopts Ordinance No. CS 1051 approving Zoning Text Amendment No. 22- 17-0100 Amending Chapter 17.43 “Downtown Business District” of the Atwater Municipal Code to allow Mobile Food Vendors as a Conditional Use.
***END OF CONSENT CALENDAR***
REPORTS AND PRESENTATIONS FROM STAFF:

10. Waiving the first reading and introducing an ordinance repealing and reenacting Title 15 "Buildings and Construction" of the Atwater Municipal Code, and setting a public hearing date (Community Development Director Thompson)
Staff's Recommendation: Motion to waive the first reading and introduce Ordinance No.CS 1053 repealing and re-enacting Title 15 "Buildings and Construction" of the Atwater Municipal Code, and setting a public hearing date for adoption of Ordinance No CS 1053 on November 14, 2022; or
Motion to approve staff's recommendation as presented.

PUBLIC HEARINGS

11. Authorizing Submittal of Grant Application to California Department of Housing and Community Development for Permanent Local Housing Allocation Funds , and adoption of the 5-Year PLHA Plan; and approving Budget Amendment establishing a revenue and expense account for the PLHA Grant Funds (Community Development Director Thompson)
Staff's Recommendation: Open the public hearing and take any testimony given;
Close the public hearing;
Motion to adopt Resolution No. 3349-22 authorizing the submittal of an application to the California Department of Housing and Community Development for Permanent Local Housing Allocation Funds; and authorizes the City Manager to execute any and all documents; and Adopt Resolution No. 3350-22 approving Budget Amendment No. 05 amending FY 2022-23 Budget to establish a revenue and expense account for Permanent Local Housing Allocation (PLHA) funds; and authorize and direct the City Manager to enter into a Subrecipient Agreement with Self-Help Enterprises for the administration and implementation of the Permanent Local Housing Allocation Grant funds for the term of the Five-Year Plan.

Motion to approve staff's recommendation as presented.

City Council Agenda for Meeting of October 24, 2022 Page 5 CITY MANAGER REPORTS/UPDATES:

12. Discussion and possible action regarding the unscheduled vacancy for the position of City Clerk as a result of the resignation of City Clerk Armstrong
Staff's Recommendation: That the City Council appoint an eligible staff member (a qualified elector) as City Clerk to the remainder of the term ending December 2024 or provide staff with direction on the process to fill the unscheduled vacancy for the position of City Clerk (appointed or special stand-alone at an approximate cost of $60,000- $75,000) as a result of the resignation of City Clerk Armstrong.

13. City Manager Updates

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

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.

City Council Agenda for Meeting of October 24, 2022 Page 6 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].

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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 -

1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
~ November 2022 ~
Sunday Monday Tuesday Wednesday Thursday Friday Saturday City Holiday
Trash pick up delayed
Ends
Veterans Day
1 day
Daylight Saving Time
Planning Commission
6:00 PM Meeting - 6:00 PM
City Council Meeting -
Audit & Finance
Thanksgiving
City Holiday City Holiday
Thanksgiving
1 day
Trash pick up delayed
4:30 PM
Committee Meeting -

WARRANTS SUMMARY FOR OCTOBER 24 2022

TOTAL OF WARRANTS (FROM WARRANT REPORT)

ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) 1 s 2,013,4s1.10 1

DATE DESCRIPTION AMOUNT
10/20/20221 Prewrittens included in this current warrant run 10/6/2022 PERS Retirement EFT 9/lS/22 - 9/28/22
$ (10,802.36)
$ 50,890.05
TOTAL ADDITIONAL WARRANTS $ 40,087.69
GRAND TOT AL OF WARRANTS PAID :.._ _ $ 2,053,574.79

I INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) IDATE I DESCRIPTION {AMOUNT
10/6/2022 Net Payroll
10/6/2022 Federal Taxes
10/6/2022 State Taxes
10/6/2022 Payroll Deductions
$ 188,934.76 $ 266,985.37
$ 68,253.82
$ 9,796.79
$ 1,094.05
TOTAL INFORMATIONAL WARRANTS $ 268,079.42
~z :=::::..
::::>
CITY TREASURER '=:::::::

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
10/20/2022 - 12:29 PM P(t-V\l V ;+t-e,n
At~ater c-,11n.munity P,-rd~ c·u,-· U'itl,,
760 Bellevue Road, /\lt\.13ter CA 963:01
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20851 10/07/2022 Water Enterprise Fund Special Departmental Expense NORTHWESTBARNSLLC 4,638.64 Check Total: 4,638.64
20852 10/10/2022 General Fund Professional Services BRlGHTDART PRINT & DESIGN, LLC 5,069.67 Check Total: 5,069.67
20853 10/12/2022 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 818.04 Check Total: 818.04
20854 10/12/2022 General Fund Garnishments FRANCHISE TAX BOARD 160.00 Check Total: 160.00
20855 10/12/2022 General Fund Garnishments FRANCHISE TAX BOARD 116.01 Check Total: 116.01
Report Total: 10,802.36
AP-Checks for Approval (10/20/2022 - 12:29 PM) Page 1

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
10/20/2022 - 1:35 PM
A~ater
Ca,rvnuni 'ridi
760 Bellevue Rooo • .nJWater CA 963Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 10/24/2022 General Fund Special Departmental Expense CHASE 5.00 0 10/24/2022 General Fund Special Departmental Expense CHASE 1,617.51 0 10/24/2022 General Fund Special Departmental Expense CHASE 27.39 0 10/24/2022 General Fund Special Departmental Expense CHASE -1,617.51 0 10/24/2022 General Fund Special Departmental Expense CHASE 68.64 0 10/24/2022 General Fund Memberships & Subscriptions CHASE 115.00 0 10/24/2022 General Fund Travel/Conferences/Meetings CHASE 427.45 0 10/24/2022 General Fund Travel/Conferences/Meetings CHASE 297.46 0 10/24/2022 General Fund Travel/Conferences/Meetings CHASE -640.60 0 10/24/2022 General Fund Travel/Conferences/Meetings CHASE 640.60 0 10/24/2022 General Fund Training CHASE 695.00
0 10/24/2022 General Fund Office Supplies CHASE 48.36
0 10/24/2022 General Fund Office Supplies CHASE 90.30
0 10/24/2022 General Fund Special Departmental Expense CHASE 12.00 0 10/24/2022 General Fund Special Departmental Expense CHASE 12.00 0 10/24/2022 General Fund Special Departmental Expense CHASE 12.00 0 10/24/2022 General Fund Printing & Advertising CHASE 528.00 0 10/24/2022 General Fund Printing & Advertising CHASE 480.00 0 10/24/2022 General Fund Office Supplies CHASE 21.52
0 10/24/2022 General Fund Professional Services CHASE 17.50 0 10/24/2022 General Fund Professional Services CHASE 48.75 0 10/24/2022 General Fund Professional Services CHASE 14.99 0 10/24/2022 General Fund Travel/Conferences/Meetings CHASE 51.00 0 10/24/2022 General Fund Travel/Conferences/Meetings CHASE 41.00 0 10/24/2022 General Fund Training CHASE 10.38
0 10/24/2022 General Fund Training CHASE 474.08
0 10/24/2022 General Fund Training CHASE 30.00
0 10/24/2022 General Fund Training CHASE 16.56
0 10/24/2022 General Fund Training CHASE 938.30
0 10/24/2022 General Fund Training CHASE 18.67
0 10/24/2022 General Fund Training CHASE 902.89
0 10/24/2022 General Fund Training CHASE 20.92
0 10/24/2022 General Fund Training CHASE 24.95
0 10/24/2022 General Fund Training CHASE 23.87
AP-Checks for Approval (I 0/20/2022 - 1:35 PM) Page 1

C
heck Number Check Date Fund Name Account Name Vendor Name Void Amount 0 10/24/2022 General Fund Training CHASE 12.68
0 10/24/2022 General Fund Training
CHASE 27.61
0 10/24/2022 General Fund Training CHASE 17.39
0 10/24/2022 General Fund Training CHASE 26.80
0 10/24/2022 General Fund Training CHASE

30.00 0 10/24/2022 General Fund Training CHASE 26.00
0 10/24/2022 General Fund Training
CHASE 31.93
0 10/24/2022 General Fund Training
CHASE 15.76
0 10/24/2022 General Fund Training
CHASE 23.00
0 10/24/2022 General Fund Training
CHASE 20.70
0 10/24/2022 General Fund Training CHASE

17.74 0
10/24/2022 General Fund
Training CHASE

22.00 0
10/24/2022 General Fund Training
CHASE

15.69 0 10/24/2022 General Fund Training CHASE
180.00
0 10/24/2022 General Fund Training
CHASE 27.41
0 10/24/2022 General Fund Training CHASE

28.66 0
10/24/2022 General Fund
Training CHASE
1,040.87
0 10/24/2022 General Fund Training CHASE 13
.32
0 10/24/2022 General Fund Training CHASE

27.68 0
10/24/2022 General Fund Training
CHASE 23.01
0 10
/24/2022
General Fund Training CHASE 25.02
0 10/24/2022 General Fund Training
CHASE 13.32
0 10/24/2022 General Fund Travel/Conferences/Meetings
CHASE 37.00
0 10/24/2022 General Fund Training CHASE 457.76
0 10/24/2022 General Fund Training
CHASE 412.88
0 10/24/2022
General Fund
Special Departmental Expense CHASE 153.84
0 10/24/2022 General Fund Special Departmental Expense
CHASE 359.88
0 10/24/2022 General Fund Special Departmental Expense
CHASE 61.25
0 10/24/2022 General Fund Special Departmental Expense CHASE 102.73 0 10/24/2022 General Fund Special Departmental Expense CHASE 96.90 0 10/24/2022 General Fund Professional Services CHASE

28.50 0
10/24/2022 General Fund
Memberships & Subscriptions CHASE

25.00 0 10/24/2022 General Fund Youth Flag Football CHASE 1,094.72
0 10/24/2022 General Fund Youth Flag Football CHASE
119.06
0 10/24/2022 General Fund Youth Flag Football CHASE

16.23 0 10/24/2022 General Fund
Youth Flag Football

CHASE I

97.47 0
10/24/2022 General Fund Youth Flag Football CHASE
194.87
0 10/24/2022 General Fund Youth Flag Football CHASE
-30.28
0 10/24/2022 General Fund
Youth Flag Football CHASE
-10.8 I
0 10/24/2022 General Fund Maint, Buildings & Grounds CHASE

23.77 0
10/24/2022 General Fund
Maint. Buildings & Grounds CHASE
118.86
0 10/24/2022 General Fund
Maint. Buildings & Grounds CHASE

48.70 0
10/24/2022 General Fund
Maint. Buildings & Grounds CHASE

96.32 0
10/24/2022 General Fund
Various Classes CHASE

12.96 AP-Checks for Approval (10/20/2022 - 1:35 PM)

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 10/24/2022 General Fund Various Classes CHASE 435.00
0 10/24/2022 ARPA-American Rescue Plan Act Memberships & Subscriptions CHASE 482.87 0 10/24/2022 General Fund Maint. Buildings & Grounds CHASE 35.70 0 10/24/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I CHASE 177.24 0 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense CHASE 64.92 0 10/24/2022 Water Enterprise Fund Office Supplies CHASE 32.00 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 46.81 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 26.27 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 54.47 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 33.45 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 25.19 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 120.00 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 19.44 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 50.00 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 18.94 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 32.36 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 40.00 0 10/24/2022 Water Enterprise Fund Special Departmental Expense CHASE 36.26 0 10/24/2022 Water Enterprise Fund Travel/Conferences/Meetings CHASE 855.84 0 10/24/2022 Water Enterprise Fund Travel/Conferences/Meetings CHASE 855.84 0 10/24/2022 Internal Service Fund Special Departmental Expense CHASE 6.21 0 10/24/2022 Internal Service Fund Special Departmental Expense CHASE 97.39 0 10/24/2022 Internal Service Fund Special Departmental Expense CHASE 48.69 0 10/24/2022 Internal Service Fund Special Departmental Expense CHASE 14.72 0 10/24/2022 Internal Service Fund Operations & Maintenance CHASE 20.00 0 10/24/2022 Internal Service Fund Operations & Maintenance CHASE 55.15 0 10/24/2022 Internal Service Fund Operations & Maintenance CHASE 125.53 0 10/24/2022 Internal Service Fund Operations & Maintenance CHASE -898.82 0 10/24/2022 Information Technology Fund Special Departmental Expense CHASE 114.00 0 10/24/2022 Information Technology Fund Special Departmental Expense CHASE 106.00 0 10/24/2022 Information Technology Fund Special Departmental Expense CHASE 864.00 0 10/24/2022 Public Safety Trans & Use Tax Rents & Leases U.S. BANK EQUIPMENT FINANCE 1,674.65 0 10/24/2022 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 293.80 ---
Check Total: 16,722.10
20856 10/24/2022 ARPA-American Rescue-Plan Act HVAC Retrofit Systems PD Dept ADVANCED HEATING & AIR 12,501.80 Check Total: 12,501.80 --
20857 10/24/2022 Gas Tax/Street Improvement Professional Services ADVANCED MOBILITY GROUP 1,920.00 Check Total: 1,920.00
20858 10/24/2022 General Fund Special Departmental Expense AFFORDABLE MARKERS 6,301.71 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 6,301.71
20859 10/24/2022 Internal Service Fund Operations & Maintenance AIR EXCHANGE, INC. 1,080.87 20859 10/24/2022 Internal Service Fund Professional Services AIR EXCHANGE, INC. 218.75 20859 10/24/2022 Internal Service Fund Professional Services AIR EXCHANGE, INC. 375.00 20859 10/24/2022 Internal Service Fund Operations & Maintenance AIR EXCHANGE, INC. 780.40 Check Total: 2,455.02
20860 10/24/2022 General Fund Special Departmental Expense AIRGAS USA, LLC 89.20 20860 10/24/2022 General Fund Special Departmental Expense AIRGAS USA, LLC 90.79 Check Total: 179.99
20861 10/24/2022 Water Fund Capital Replacement Well Control Panel Upgrade ALL PHASE MS! 13,792.00 ---
Check Total: 13,792.00
20862 10/24/2022 Sanitation Enterprise Fund Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 262,822.18 ---
Check Total: 262,822.18
20863 10/24/2022 General Fund Office Supplies ALLIED WEST PRINTING 275.98 Check Total: 275.98
20864 10/24/2022 General Fund Professional Services ALLWAYS TOWING, L.L.C. 260.00 Check Total: 260.00
20865 10/24/2022 General Fund Communications AT & T MOBILITY 131.40 --
Check Total: 131.40 -
20866 10/24/2022 General Fund Communications AT and T - CALNET3 307.40 Check Total: 307.40 ,-
20867 10/24/2022 General Fund Communications AT&T 219.35 20868 10/24/2022 General Fund Special Departmental Expense ATWATER CHIROPRACTI C
C
h
,
e
IN
ck
C.

Total: 2
12 19

5. .3
0 5
0 -
Check Total: 125.00 .,.
20869 10/24/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I B & B PLUMBING 386.35 Check Total: 386.35
20870 10/24/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,289.24 20870 10/24/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,150.01 AP-Checks for Approval (10/20/2022 - 1 :35 PM) Page4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20870 10/24/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 881.66 Check Total: 6,320.91
20871 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 73.88 20871 10/24/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 45.02 20871 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 25.20 20871 10/24/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 29.43 20871 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 46.11 20871 10/24/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 363.57 Check Total: 583.21
20872 10/24/2022 ARPA-American Rescue Plan Act Osborn Park Renovation BILL SPRIGGS APPRAISAL 750.00 20872 10/24/2022 ARPA-American Rescue Plan Act Osborn Park Renovation BILL SPRIGGS APPRAISAL 750.00 Check Total: 1,500.00
20873 10/24/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 20873 10/24/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 20873 10/24/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 20873 10/24/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 30.00 20873 10/24/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 20873 10/24/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 Check Total: 1,664.00
20874 10/24/2022 Internal Service Fund Operations & Maintenance BURTON'S FIRE, INC. 225.63 Check Total: 225.63 --
20875 10/24/2022 Internal Service Fund Small Tools CAL FARM SERVICES 1,438.65 20875 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 10.82 20875 10/24/2022 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 40.00 20875 10/24/2022 General Fund Special Departmental Expense CAL FARM SERVICES 24.25 20875 10/24/2022 General Fund Professional Services CAL FARM SERVICES 84.00 20875 10/24/2022 General Fund Special Departmental Expense CAL FARM SERVICES 37.57 Check Total: 1,635.29
20876 10/24/2022 Sewer Enterprise Fund Uniform & Clothing Expense CENTRAL SANITARY SUPPLY 139.10 20876 10/24/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 835.16 Check Total: 974.26 r
20877 10/24/2022 General Fund Community Center Deposits LETICIA CHAVEZ 350.00 Check Total: 350.00
20878 10/24/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20878 10/24/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 20878 10/24/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 13.15 20878 10/24/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 20878 10/24/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 20878 10/24/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 20878 10/24/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 52.81 20878 10/24/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 Check Total: 219.60
20879 10/24/2022 Internal Service Fund Communications COMCAST CABLE 162.22 20879 10/24/2022 Internal Service Fund Communications COMCAST CABLE 425.01 Check Total: 587.23
20880 10/24/2022 General Fund Coed Fall Softball CONSOLIDATED ELECTRICAL DISTRIBUTOR! 554.78 20880 10/24/2022 General Fund Men's Fall Softball CONSOLIDATED ELECTRICAL DISTRIBUTOR! 554.78 20880 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 322.59 20880 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 954.77 20880 10/24/2022 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 64.95 20880 10/24/2022 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 96.35 Check Total: 2,548.22 -
20881 10/24/2022 Water Enterprise Fund Special Departmental Expense CORE & MAIN LP 1,524.94 Check Total: 1,524.94
20882 10/24/2022 Internal Service Fund Special Departmental Expense D & D PEST CONTROL 130.00 20882 10/24/2022 General Fund Professional Services D & D PEST CONTROL 55.00 20882 10/24/2022 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 20882 10/24/2022 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 20882 10/24/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 20882 10/24/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 20882 10/24/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 20882 10/24/2022 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 20882 10/24/2022 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 Check Total: 465.00
20883 10/24/2022 Information Technology Fund Professional Services DATA PATH, INC. 8,530.00 20883 10/24/2022 Information Technology Fund Memberships & Subscriptions DATA PATH, INC. 2,218.25 20883 10/24/2022 Information Technology Fund Memberships & Subscriptions DATA PATH, INC. 2,530.00 20883 10/24/2022 Information Technology Fund Memberships & Subscriptions DATA PATH, INC. 2,530.00 20883 10/24/2022 Internal Service Fund Improvements Other Than Bldg DATA PATH, INC. 4,847.07 Check Total: 20,655.32
AP-Checks for Approval (10/20/2022 - 1:35 PM)
-

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20884 10/24/2022 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,163.79 20884 10/24/2022 Internal Service Fund Professional Services DELRAY TIRE 40.00 20884 10/24/2022 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,740.57 ---
Check Total: 2,944.36
20885 10/24/2022 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 1,490.00 ---
Check Total: 1,490.00
20886 10/24/2022 General Fund Professional Services DEPT. OF JUSTICE 126.00 Check Total: 126.00
20887 10/24/2022 Internal Service Fund Operations & Maintenance MARTIN DURAN 180.00 Check Total: 180.00
20888 10/24/2022 General Fund Training ELITE UNIFORMS 17.28 Check Total: 17.28
20889 10/24/2022 General Fund Uniform & Clothing Expense ENTENMANN-ROVIN CO. 84.85 20889 10/24/2022 General Fund Special Departmental Expense ENTENMANN-ROVIN CO. 809.57 Check Total: 894.42 -
20890 10/24/2022 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 7,208.15 Check Total: 7,208.15
20891 10/24/2022 General Fund Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 2,687.50 20891 10/24/2022 Gas Tax/Street Improvement Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 20891 10/24/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 20891 10/24/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 53.75 20891 10/24/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 215.00 20891 10/24/2022 Stone Creek LNDSCP Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 20891 10/24/2022 Bell Crossing LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 107.50 Check Total: 3,332.50
20892 10/24/2022 Water Enterprise Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 71.16 20892 10/24/2022 Water Enterprise Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 18.59 Check Total: 89.75
20893 10/24/2022 Parks and Recreation Fund Osborn Park Renovation EXELOO CORPORATION 61,530.00 Check Total: 61,530.00 .
20894 10/24/2022 General Fund Office Supplies FEDERAL EXPRESS 41.84 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20894 10/24/2022 General Fund Office Supplies FEDERAL EXPRESS 41.77 Check Total: 83.61
20895 10/24/2022 General Fund Training FRESNO CITY COLLEGE 115.00 Check Total: 115.00
20896 10/24/2022 Water Enterprise Fund Special Departmental Expense DONALD GARCIA 272.22 Check Total: 272.22
20897 10/24/2022 Sewer Enterprise Fund Professional Services GHD 22,217.08 20897 10/24/2022 SB I-Road Maint & Rehab RMRA Broadway Traffic Retasking GHD 3,593.25 ---
Check Total: 25,810.33 ,
20898 10/24/2022 ARPA-American Rescue Plan Act Machinery & Equipment GLOBAL RENTAL CO INC 130,958.00 ---
Check Total: 130,958.00 --
20899 10/24/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 GOLDEN VALLEY DOOR & MILLWORK 592.29 Check Total: 592.29
20900 10/24/2022 Water Enterprise Fund Accounts Payable NATALIE GOVEA 13.88 20900 10/24/2022 Sewer Enterprise Fund Accounts Payable NATALIE GOVEA 17.79 20900 10/24/2022 Sanitation Enterprise Fund Accounts Payable NATALIE GOVEA 6.53 20900 10/24/2022 Sanitation Enterprise Fund Accounts Payable NATALIE GOVEA 2.03 Check Total: 40.23
20901 10/24/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 7,142.26 20901 10/24/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 471.43 20901 10/24/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 856.33 20901 10/24/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 550.35 ---
Check Total: 9,020.37
20902 10/24/2022 Internal Service Fund Professional Services HI-TECH E V S, INC. 259.25 20902 10/24/2022 Internal Service Fund Operations & Maintenance HI-TECH EV S, INC. 3,914.06 20902 10/24/2022 Internal Service Fund Professional Services HI-TECH EV S, INC. 3,700.87 20902 10/24/2022 Internal Service Fund Operations & Maintenance HI-TECH E V S, INC. 26.12 Check Total: 7,900.30
20903 10/24/2022 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 170.85 Check Total: 170.85
20904 10/24/2022 General Fund Special Departmental Expense HORIZON 189.12 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20904 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense HORIZON 715.41 Check Total: 904.53
20905 10/24/2022 General Fund Field Rentals DON HYLER 210.00 Check Total: 210.00
20906 10/24/2022 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 2,113.90 20906 10/24/2022 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER -26.97 20906 10/24/2022 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER -1,434.51 ---
Check Total: 652.42
20907 10/24/2022 ARPA-American Rescue Plan Act Professional Services JANI TEK CLEANING SOLUTIONS 9,305.65 ---
Check Total: 9,305.65
20908 10/24/2022 Gas Tax/Street Improvement Professional Services JOE'S LANDSCAPING & CONCRETE 4,999.00 20908 10/24/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,553.01 20908 10/24/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 219.08 20908 10/24/2022 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 348.25 20908 10/24/2022 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 213.75 20908 10/24/2022 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 214.95 20908 10/24/2022 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 143.25 20908 10/24/2022 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 473.25 20908 10/24/2022 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 353.25 20908 10/24/2022 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 128.25 20908 10/24/2022 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 267.25 20908 10/24/2022 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 765.25 20908 10/24/2022 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 215.25 20908 10/24/2022 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,002.38 20908 10/24/2022 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 548.25 20908 10/24/2022 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 329.25 20908 10/24/2022 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 365.25 20908 10/24/2022 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 398.25 20908 10/24/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 798.25 20908 10/24/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,252.00 20908 10/24/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 798.25 20908 10/24/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,553.01 20908 10/24/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 219.08 20908 10/24/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,252.00 20908 10/24/2022 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 348.25 20908 10/24/2022 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 213.75 20908 10/24/2022 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 214.95 20908 10/24/2022 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 143.25 20908 10/24/2022 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 473.25 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 9

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20908 10/24/2022 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 353.25 20908 10/24/2022 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 128.25 20908 10/24/2022 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 267.25 20908 10/24/2022 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 765.25 20908 10/24/2022 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 215.25 20908 10/24/2022 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,002.38 20908 10/24/2022 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 548.25 20908 10/24/2022 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 329.25 20908 10/24/2022 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 365.25 20908 10/24/2022 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 398.25 Check Total: 24,175.84
20909 10/24/2022 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 175.31 20909 10/24/2022 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 461.50 20909 10/24/2022 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 585.02 20909 10/24/2022 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY -65.46 20909 10/24/2022 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 348.35 Check Total: 1,504.72
20910 10/24/2022 Internal Service Fund Special Departmental Expense KELLY-MOORE PAINT CO. INC. 19.95 Check Total: 19.95
20911 10/24/2022 General Fund Special Departmental Expense LIFE - ASSIST, INC. 554.02 Check Total: 554.02
20912 10/24/2022 General Fund Miscellaneous LOOMIS DEPT. 0757 435.69 Check Total: 435.69
20913 10/24/2022 General Fund Professional Services LOPES SEPTIC & PUMPING 120.00 Check Total: 120.00
20914 10/24/2022 Water Enterprise Fund Accounts Payable DARRYL LOPEZ 197.59 20914 10/24/2022 Sewer Enterprise Fund Accounts Payable DARRYL LOPEZ 234.59 20914 10/24/2022 Sanitation Enterprise Fund Accounts Payable DARRYL LOPEZ 26.06 20914 10/24/2022 Sanitation Enterprise Fund Accounts Payable DARRYL LOPEZ 83.55 Check Total: 541.79 ...
20915 10/24/2022 Sewer Enterprise Fund Special Departmental Expense MARTIN MARIETTA MATERIALS 618.23 Check Total: 618.23
20916 10/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 96.97 20916 10/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 129.55 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 10

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20916 10/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 118.69 20916 10/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 169.37 20916 10/24/2022 Sanitation Enterprise Fund Professional Services MCCLATCHY COMPANY LLC 147.65 20916 10/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 98.78 20916 10/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 95.16 20916 10/24/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 102.40 Check Total: 958.57
20917 10/24/2022 General Fund Castle Park Deposits RAMIRO MELENDEZ 200.00 Check Total: 200.00
20918 10/24/2022 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 120.00 20918 10/24/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 150.00 20918 10/24/2022 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 90.00 20918 10/24/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 120.00 20918 10/24/2022 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 90.00 20918 10/24/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 120.00 Check Total: 690.00
20919 10/24/2022 General Fund Professional Services MERCED COUNTY ANIMAL CONTROL 7,210.00 ---
Check Total: 7,210.00
20920 10/24/2022 General Fund Memberships & Subscriptions MERCED COUNTY ASSOCIATION 14,716.00 Check Total: 14,716.00
20921 10/24/2022 Fire Facility Impact Fee Miscellaneous MERCED COUNTY TAX COLLECTOR 131.48 20921 10/24/2022 Sewer Enterprise Fund Professional Services MERCED COUNTY TAX COLLECTOR 131.98 Check Total: 263.46
20922 10/24/2022 General Fund Utilities MERCED IRRIGATION DISTRICT 820.17 20922 10/24/2022 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 653.77 20922 10/24/2022 Price Annexation LO Utilities MERCED IRRIGATION DISTRICT 182.67 20922 10/24/2022 Price.Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.64 20922 10/24/2022 Mello Ranch LO Utilities MERCED IRRIGATION DISTRICT 437.82 20922 10/24/2022 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 53.49 20922 10/24/2022 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 60.89 20922 10/24/2022 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 30.39 20922 10/24/2022 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 60.89 20922 10/24/2022 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 290.70 20922 10/24/2022 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 17.82 20922 10/24/2022 America West LO Utilities MERCED IRRIGATION DISTRICT 134.92 20922 10/24/2022 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 299.06 AP-Checks for Approval (10/20/2022 - 1 :35 PM) Page 11

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20922 10/24/2022 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 17.82 20922 10/24/2022 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 374.44 20922 10/24/2022 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 573.4 I 20922 10/24/2022 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 536.49 20922 10/24/2022 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 226.33 20922 10/24/2022 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 312.86 20922 10/24/2022 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 17.82 20922 10/24/2022 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 381.37 20922 10/24/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 623.52 20922 10/24/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 5,312.04 ---
Check Total: 11,535.33 .-
20923 10/24/2022 Measure V Regional Fund Winton Way Road Improvements MID VALLEY ENGINEERING 2,100.00 20923 10/24/2022 Measure V Regional Fund Winton Way Road Improvements MID VALLEY ENGINEERING 1,100.00 Check Total: 3,200.00
20924 10/24/2022 Internal Service Fund Special Departmental Expense MR. BEVERAGE 129.00 Check Total: 129.00 .,
20925 10/24/2022 General Fund Professional Services MUNISERVICES LLC 1,893.32 ---
Check Total: 1,893.32
20926 10/24/2022 General Fund Machinery & Equipment NATIONAL FLEET GROUP 64,839.35 20926 10/24/2022 Sewer Enterprise Fund Machinery & Equipment NATIONAL FLEET GROUP 66,398.20 20926 10/24/2022 Sewer Enterprise Fund Machinery & Equipment NATIONAL FLEET GROUP 66,398.20 ---
Check Total: I 97,635.75
20927 10/24/2022 Information Technology Fund Special Departmental Expense NEW HORIZON COMMUNICATIONS CORP 4,468.90 Check Total: 4,468.90 -
20928 10/24/2022 General Fund Castle Park Deposits NOELIA OCHOA 200.00 Check Total: 200.00
20929 10/24/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 53.33 20929 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 162.36 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 16.69 20929 10/24/2022 Internal Service Fund Small Tools O'REILLY AUTO PARTS 487.87 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 12.98 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 336.65 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 22.27 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 397.94 20929 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 102.82 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 12

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 36.77 20929 10/24/2022 Internal Service Fund Small Tools O'REILLY AUTO PARTS 36.07 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 16.09 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -37.89 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -114.07 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 470.70 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 130.98 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 303.04 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 38.96 20929 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 121.92 20929 10/24/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 150.62 20929 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 33.06 20929 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 32.46 Check Total: 2,811.62
20930 10/24/2022 Sewer Enterprise Fund Special Departmental Expense PAC MACHINE CO. 302.44 20930 10/24/2022 Sewer Enterprise Fund Special Departmental Expense PAC MACHINE CO. 1,853.14 ---
Check Total: 2,155.58 -
20931 10/24/2022 General Fund Capital Project Retention PACIFIC EXCAVATION INC -1,317.68 20931 10/24/2022 General Fund Capital Traffic Signal Synchronization PACIFIC EXCAVATION INC 26,353.61 20931 10/24/2022 RSTP-Regional SurfTransp Prog Project Retention PACIFIC EXCAVATION INC -182.07 20931 10/24/2022 RSTP-Regional SurfTransp Prog Traffic Signal Synchronization PACIFIC EXCAVATION INC 3,641.39 Check Total: 28,495.25
20932 10/24/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 41.97 20932 10/24/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 2,298.51 20932 10/24/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 1,000.96 20932 10/24/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 790.45 20932 10/24/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 109.33 20932 10/24/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 158.67 20932 10/24/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 16,227.35 20932 10/24/2022 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 299.70 20932 10/24/2022 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 120.17 20932 10/24/2022 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 35.80 20932 10/24/2022 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 12.03 20932 10/24/2022 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 40.07 20932 10/24/2022 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 13.23 20932 10/24/2022 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 57.63 20932 10/24/2022 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC I 61.92 20932 10/24/2022 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 696.16 20932 10/24/2022 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 21.67 20932 10/24/2022 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 19.26 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 13

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20932 10/24/2022 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 14.67 20932 10/24/2022 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 61.13 20932 10/24/2022 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 41.26 20932 10/24/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 83,221.23 20932 10/24/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 3,240.33 20932 10/24/2022 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 7,147.09 ---
Check Total: 115,830.59
20933 10/24/2022 Water Enterprise Fund Special Departmental Expense PRESTON'S LOCK & KEY 2,843.73 20933 10/24/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 108.25 20933 10/24/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 27.06 20933 10/24/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 21.65 Check Total: 3,000.69
20934 10/24/2022 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 15,699.23 -
20934 10/24/2022 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 2,034.00 ---
Check Total: 17,733.23
20935 10/24/2022 General Fund Special Departmental Expense RADIO MERCED 3,000.00 20935 10/24/2022 Water Enterprise Fund Communications RADIO MERCED 1,000.00 ---
Check Total: 4,000.00 --
20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 326.70 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 344.56 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 33.19 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 45.25 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 3 I. I 0 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 522.25 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 34.23 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 173.74 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 347.10 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 26.67 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 174.11 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 393.40 20936 10/24/2022 General Fund Rents & Leases RAY MORGAN COMPANY 278.69 20936 10/24/2022 Water Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 20936 10/24/2022 Sewer Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 Check Total: 3,030.49
20937 10/24/2022 Internal Service Fund Operations & Maintenance RAZZARI DODGE 67.20 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 14

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 67.20
20938 10/24/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 ROTO ROOTER PLUMBERS 9,400.00 ---
Check Total: 9,400.00
20939 10/24/2022 Internal Service Fund Professional Services RXCW ATWATER CORP. 528.00 Check Total: 528.00
20940 10/24/2022 Water Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 290.00 20940 10/24/2022 Sewer Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 143.00 Check Total: 433.00 --
20941 10/24/2022 Water Enterprise Fund Machinery & Equipment SHANNON PUMP CO. 108,581.19 20941 10/24/2022 Water Enterprise Fund Special Departmental Expense SHANNON PUMP CO. 96.98 Check Total: 108,678.17
20942 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 152.05 Check Total: 152.05 -
20943 10/24/2022 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 15,840.43 ---
Check Total: 15,840.43
20944 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 265.11 Check Total: 265.11 ,,..
20945 10/24/2022 General Fund Training DAYTON SNYDER 28.65 20945 10/24/2022 Internal Service Fund Operations & Maintenance DAYTON SNYDER 20.00 Check Total: 48.65
20946 10/24/2022 General Fund Special Departmental Expense NATALIE SOBALVARRO 275.00 Check Total: 275.00
20947 10/24/2022 Water Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK SOFTWARE LLC 665.25 -
20947 10/24/2022 Sewer Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK SOFTWARE LLC 665.25 20947 10/24/2022 Sanitation Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK SOFTWARE LLC 665.25 Check Total: 1,995.75
20948 10/24/2022 General Fund Professional Services STERICYCLE, INC. 35.96 Check Total: 35.96
20949 10/24/2022 General Fund Professional Services SUN VALLEY PORTABLE RESTROOMS INC. 1,360.00 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 15

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,360.00
20950 10/24/2022 General Fund Special Departmental Expense SUNDOWN RV 50.86 Check Total: 50.86
20951 10/24/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,092.80 20951 10/24/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,092.80 20951 10/24/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,097.87 20951 10/24/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,097.87 Check Total: 4,381.34
20952 10/24/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 4,506.10 20952 10/24/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 12,038.55 20952 10/24/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 4,418.75 20952 10/24/2022 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 2,116.80 ---
Check Total: 23,080.20
20953 10/24/2022 General Fund Professional Services THE LEW EDWARDS GROUP 6,000.00 20953 10/24/2022 General Fund Professional Services THE LEW EDWARDS GROUP 6,000.00 ---
Check Total: 12,000.00
20954 10/24/2022 General Fund Professional Services TRANSCOUNTY TITLE CO. 400.00 20954 10/24/2022 General Fund Professional Services TRANSCOUNTY TITLE CO. 400.00 20954 10/24/2022 General Fund Professional Services TRANSCOUNTY TITLE CO. 400.00 20954 10/24/2022 General Fund Professional Services TRANSCOUNTY TITLE CO. 400.00 20954 10/24/2022 General Fund Professional Services TRANSCOUNTY TITLE CO. 400.00 20954 10/24/2022 General Fund Professional Services TRANSCOUNTY TITLE CO. 400.00 Check Total: 2,400.00
20955 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense ULINE 1,717.20 Check Total: 1,717.20
20956 10/24/2022 Internal Service Fund Operations & Maintenance VAN DE POL 14,849.79 Check Total: 14,849.79
20957 10/24/2022 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA OPERATINC 169,293.23 Check Total: 169,293.23
20958 10/24/2022 General Fund Communications VERIZON WIRELESS 1,006.64 20958 10/24/2022 General Fund Communications VERIZON WIRELESS 1,048.42 20958 10/24/2022 Public Safety Trans & Use Tax Communications VERIZON WIRELESS 121.38 AP-Checks for Approval (10/20/2022 - I :35 PM) Page 16

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20958 10/24/2022 Abandoned Yeh Abatement Fund Communications VERIZON WIRELESS 80.92 20958 10/24/2022 General Fund Communications VERIZON WIRELESS 139.27 20958 10/24/2022 General Fund Communications VERIZON WIRELESS 101.26 20958 10/24/2022 General Fund Communications VERIZON WIRELESS 50.63 20958 10/24/2022 General Fund Communications VERIZON WIRELESS 50.63 20958 10/24/2022 General Fund Communications VERIZON WIRELESS 202.52 20958 10/24/2022 General Fund Communications VERIZON WIRELESS 80.64 20958 10/24/2022 General Fund Communications VERIZON WIRELESS 131.55 20958 10/24/2022 Gas Tax/Street Improvement Communications VERIZON WIRELESS 283.44 20958 10/24/2022 Water Enterprise Fund Communications VERIZON WIRELESS 477.72 20958 10/24/2022 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.01 20958 10/24/2022 Sewer Enterprise Fund Communications VERIZON WIRELESS 541.38 20958 10/24/2022 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.37 20958 10/24/2022 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.13 20958 10/24/2022 Internal Service Fund Communications VERIZON WIRELESS 50.63 20958 10/24/2022 Internal Service Fund Utilities VERIZON WIRELESS 80.04 20958 10/24/2022 Internal Service Fund Communications VERIZON WIRELESS 101.26 20958 10/24/2022 Information Technology Fund Communications VERIZON WIRELESS 101.26 Check Total: 4,768. IO
20959 10/24/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 675.28 Check Total: 675.28
---- 20960 10/24/2022 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 2,642.62 20960 10/24/2022 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 342.38 Check Total: 2,985.00
20961 10/24/2022 1,2,3-TCP Fund Project Retention W.M. LYLES COMPANY 549,726.00 Check Total: 549,726.00
20962 10/24/2022 Water Enterprise Fund Special Departmental Expense WARD ENTERPRISES 128.83 Check Total: 128.83
20963 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 21.50 20963 10/24/2022 Water Fund Capital Replacement Installation-New Water Meters WATERFORD IRRIGATION SUPPLY, INC 78.45 Check Total: 99.95
20964 10/24/2022 General Fund Travel/Conferences/Meetings LORI WATERMAN 62.50 Check Total: 62.50
20965 10/24/2022 General Fund Main!. Buildings & Grounds WEEDMAN 7,012.00 AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 17

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 7,012.00
20966 10/24/2022 Gas.Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 99.10 20966 10/24/2022 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 71.08 20966 10/24/2022 Internal Service Fund Special Departmental Expense WINTON HARDWARE 1.71 20966 10/24/2022 Internal Service Fund Special Departmental Expense WINTON HARDWARE 6.66 20966 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 8.15 20966 10/24/2022 Internal Service Fund Special Departmental Expense WINTON HARDWARE 9.69 20966 10/24/2022 Internal Service Fund Special Departmental Expense WINTON HARDWARE 2.79 20966 10/24/2022 General Fund Special Departmental Expense WINTON HARDWARE 7.15 20966 10/24/2022 General Fund Special Departmental Expense WINTON HARDWARE 4.31 20966 10/24/2022 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 62.34 20966 10/24/2022 Internal Service Fund Special Departmental Expense WINTON HARDWARE 6.99 Check Total: 279.97
20967 10/24/2022 General Fund Special Departmental Expense WORK WELLNESS 465.00 Check Total: 465.00
Report Total: 2,002,684.74
AP-Checks for Approval (10/20/2022 - 1:35 PM) Page 18

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 08/31/2022
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 11,196,002.06 1,488,123.20 1,686,507.28 10,997,617.98 0003 General Fund Capital 327,297.17 87,592.10 8,911.55 405,977.72 0004 Public Safety Trans & Use Tax 341,286.32 223,864.65 84,386.87 480,764.10 0005 Ferrari Ranch Project Fund 21,088.45 0.00 0.00 21,088.45 0007 Measure V Fund 3,299,631.37 162,563.75 0.00 3,462,195.12 0008 Measure V 20% Alternative Modes 564,389.57 40,640.93 5,135.03 599,895.47 0009 Abandoned Veh Abatement Fund (922.77) 0.00 3,296.56 (4,219.33) 0010 Measure V Regional Fund (2,930.61) 0.00 180.00 (3,110.61) 1005 Police Grants Fund 84,241.50 0.00 0.00 84,241.50
1010 ARPA-American Rescue Plan Act 5,851,287.03 852.49 191,729.51 5,660,410.01 1011 Gas Tax/Street Improvement (29,574.30) 73,071.00 89,567.05 (46,070.35) 1013 Local Transportation Fund 607,735.28 0.00 6,750.00 600,985.28 1015 Traffic Circulation Fund 1,468,012.61 0.00 0.00 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 1,993,315.07 55,220.97 66,158.59 1,982,377.45 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,370,374.45 0.00 0.00 2,370,374.45 1040 General Plan Update-Housing Element (48,000.00) 0.00 0.00 (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 209,795.12 0.00 0.00 209,795.12 1093 Fire Facility Impact Fee 187,086.62 0.00 0.00 187,086.62 1095 Government Building Facility 269,465.66 0.00 0.00 269,465.66 3064-67 Redevelopment/Successor Agency Funds 1,881,878.63 867.83 1,321.25 1,881,425.21 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 2,212.50 190.00 0.00 2,402.50

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 08/31/2022
FUND
4070 Section 125 Dependent Care
4080 Pension Rate Stblztn 115 Trust
4090 CFD No. 1 Trust
5001-55 All Maintenance Districts
5050 CFD Districts
6000 Water Enterprise Fund
6001 Water Fund Capital Replacement
6002 DBCP Settlement
6004 Water Well- Buhach Colony
6005 Water Capital Impact Fees
6006 Water Operating Reserve Fund
6007 1,2,3-TCP Fund
6010 Sewer Enterprise Fund
6011 Sewer Fund Capital Replacement
6020 Sanitation Enterprise
7000 Internal Service Fund
7001 ISF Equipment/Bldg Replacement
7010 Employee Benefits Fund
7020 Risk Management
7030 Information Technology
9090 Accrued Interest Fund
TOTAL
BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.

0.00 0.00 0.00 0.00
256,818.47 0.00 4,366.35 252,452.12
130,788.82 0.00 0.00 130,788.82
1,396,045.65 2,036.47 26,518.34 1,371,563.78
(60,845.82) 4,917.70 30,707.69 (86,635.81)
8,566,574.29 687,553.08 259,825.40 8,994,301.97
2,574,925.63 0.00 8,139.40 2,566,786.23
20,540.74 0.00 0.00 20,540.74
183,572.47 0.00 0.00 183,572.47
2,492,231.56 2,000.00 0.00 2,494,231.56
179,999.84 0.00 0.00 179,999.84
17,211,423.55 6,197.75 285,989.95 16,931,631.35
16,230,735.70 921,407.83 1,011,235.24 16,140,908.29
3,569,235.20 0.00 0.00 3,569,235.20
2,743,007.96 399,841.82 270,551.53 2,872,298.25
403,183.87 614.27 123,141.42 280,656.72

0.00 0.00 0.00 0.00
729,515.07 5,571.14 59,719.30 675,366.91
230,493.51 0.00 1,446.00 229,047.51
418,634.39 8,802.45 22,777.00 404,659.84
151,276.89 1,182.00 0.00 152,458.89
92,892,960.69 4,173,111.43 4,248,361.31 92,817,710.81
Approved by:
;;>
~
Mark Borba, City Treasur
-
er

Statement of Changes in Cash Balan~e
by Bank
As of 8/31/2022
Beg. Period
Balance
Cash
Debits
Cash
Credits
End Period
Balance
City - LAIF
City - RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
Totals
55,210,766.04
1,152,034.00
6,780,688.98
7,330,913.73

0.00 22,161,739.47
256,818.47
92,892,960.69
Prepared by: __ -t.(2 . ~'---~-.,....,,.,.,C..C· C... ------------ Patty Tejeda, Finance Operations Manager
1,182.00
4,171,912.84

16.59 3,612,991.79
371,371.36
259,631.81
4,366.35
55,210,766.04
1,153,216.00
7,339,610.03
6,959,542.37

16.59 21,902,107.66
252,452.12
4,173,111.43 4,248,361.31 92,817,710.81
Approved by
7 : &/
Mark Borb
~
a, City Treasurer
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.

The City of Atwater has the ability to meet its pooled expenditure requirements for the next six months.

City LAIF
Chandler Asset Mgt.

US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
55,210,766.04
1,153,216.00
21,902,107.66
252,452.12
Bank Account Detail
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
7,181,738.47
6,959,542.37

16.59

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
July 25, 2022
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:02 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Creighton presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Juan Sufuentes.

INVOCATION:

The Invocation was led by Pastor Alan Thomas.

ROLL CALL:

Present: City Council Members Ambriz, Cale, Button, Raymond, Mayor Creighton

Absent: None
Staff Present: Deputy City Manager Del Real, City Attorney Splendorio, Police Chief Salvador, Community Development Director Thompson, Finance Director Youmara, Public Works Director Vinson, Deputy City Clerk Martin
SUBSEQUENT NEED ITEMS: None

City Council Meeting Action Minutes for July 25, 2022 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: City Council Member Raymond moved to approve the agenda as posted.

The motion was seconded by City Council Member Button and the vote was: Ayes: Ambriz, Button, Cale, Raymond, Creighton; Noes: None; Absent:

None. The motion passed.

CEREMONIAL MATTERS:

Recognition – Retirement of Police Clerk II Juan Sufuentes Mayor the City Council Members recognized the retirement of Juan Sufuentes and wished him well
Monthly report by Merced County District Supervisor McDaniel Merced County District 3 Supervisor Mc Daniel reported the following:
 Committee Economic Resilience Fund – all funds for Merced County will be awarded through Merced County, Workforce Investment
 July 21, 2022 – Interim Health Officer appointed, Dr. Asadi  August 23, 2022 – Truth Act Annual Report, Sheriff Warnke done at Board of Supervisors Meeting
 Contract with Self Help for bottled water and replacing of well program, please call 559-651-1000
 Introduced Sharon Wardale-Trejo, Director Merced/Mariposa Regional Dept. of Child Support Services, August is Child Support Awareness Month. She spoke about the event to take place on August 3, 2022 in the City of Atwater at the Merced County Library. Also, the many activities that take place in the month of August regarding Child Support Awareness.

CONSENT CALENDAR:

Agenda item #8 under Public Improvements, “Approving contract change order No. 2 to the General Construction Contract with Techno Coatings, Inc. for the Water Tower Renovation/Recoating Project and accepting Water Tower Renovation/Recoating Project as complete,” was removed from the Consent Calendar for separate discussion and possible action.

MOTION: City Council Member Button moved to approve the Consent Calendar as amended. The motion was seconded by City Council Member Cale and the vote was: Ayes: Ambriz, Cale, Button, Raymond, Creighton; Noes: None; Absent: None.

The motion passed.

Mayor Creighton opened public comment regarding items on the Consent Calendar.

City Council Meeting Action Minutes for July 25, 2022 Page 3 One person spoke regarding checks listed on the warrant.

Public Comment regarding items on the Consent Calendar was closed.

WARRANTS:

1. July 25, 2022
ACTION: Approval of warrants as listed.

RESOLUTIONS:

2. Acknowledging receipt of 2022 Annual City of Atwater Fire Inspection Compliance Report (CAL FIRE Battalion Chief Ayuso)
ACTION: Adoption of Resolution No. 3334-22 acknowledging receipt of 2022 annual City of Atwater Fire Inspection Compliance Report as mandated by California Senate Bill 1205.

3. Approving and authorizing negotiations for the Exchange of Real Property (Community Development Director Thompson)
ACTION: Adoption of Resolution No. 3337-22 approving and authorizing negotiations for the exchange of real property, also known as a portion of APN 056- 241-014, for approximately 0.71 acres of real property also known as APN: 150-15- 023; and authorizes and directs the City Manager to execute related documents.

4. Ordering the engineer to prepare and file reports, declaring the City’s intent to collect, preliminarily approving the engineer’s reports, and setting a public hearing for the collection of annual levy for various assessment maintenance districts for Fiscal Year 2022/23 (Community Development Director Thompson) ACTION: Adoption of Resolution No. 3330-22 ordering the City’s Assessment Engineer to prepare and file the Engineer’s Reports for the collection of the proposed annual assessments for the Lighting and Drainage and Landscape Assessment Maintenance Districts for Fiscal Year 2022/23; and Adoption of Resolution No. 3331-22 declaring the City’s intention to levy and collect the annual assessments for various assessment maintenance districts for Fiscal Year 2022/23, granting preliminary approval of the Engineer’s Reports, and setting a public hearing date for said assessments for August 8, 2022.

5. Approving Regional Surface Transportation Program Exchange Funds Claim for Fiscal Year 2021-22 (Community Development Director Thompson)

City Council Meeting Action Minutes for July 25, 2022 Page 4 ACTION: Adoption 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.

PUBLIC IMPROVEMENTS:

6. Approving plans and specifications and authorizing advertising and calling for bids for Well 20-A (Public Works Vinson)
ACTION: Approval of the plans and specifications and authorizes advertising and calling for bids for Well 20-A, City Project No 20-2.; Bid Call No. 715-22.

7. Accepting CMU Wall installation at Industry Sewer Lift Station Project as complete (Community Development Director Thompson and Public Works Director Vinson) ACTION: Accepts work done under the contract for CMU Wall Installation at Industry Sewer Lift Station, City Project No. 21-17 as complete; and authorizes and directs the City Manager to sign a Notice of Completion and have it recorded on behalf of the City; and authorizes a final payment in the amount of $30,029.50.

8. Approving contract change order No. 2 to the General Construction Contract with Techno Coatings, Inc. for the Water Tower Renovation/Recoating Project and accepting Water Tower Renovation/Recoating Project as complete (Public Works Director Vinson)
This item was removed for the Consent Calendar for separate discussion and possible action.

Public Works Director provided background information on this item.

City Council Member Raymond spoke regarding concerns about the change order.

Mayor Pro Tem Cale asked about completion of the project.

PUBLIC IMPROVEMENTS:

Approving contract change order No. 2 to the General Construction Contract with Techno Coatings, Inc. for the Water Tower Renovation/Recoating Project and accepting Water Tower Renovation/Recoating Project as complete (Public Works Director Vinson) MOTION: City Council Member Raymond moved to Approve Contract Change Order No. 2 to the General Construction Contract with Techno Coatings, Inc. for the Water Tower Renovation/Recoating Project, City Project No. 20-15, in the amount of $68,626.00; and to authorize and direct the City Manager to sign the change order; and accepts work done under the contract for Water Tower Renovation/Recoating Project, City Project No. 20-15 as complete; and authorizes

City Council Meeting Action Minutes for July 25, 2022 Page 5 and directs the City Manager to sign a Notice of Completion and have it recorded on behalf of the City; and authorizes a final payment in the amount of $51,065.75.

The motion was seconded by Mayor Pro Tem Cale and the vote was: Ayes: Ambriz, Button, Cale, Creighton; Noes: Raymond; Absent: None. The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Initiates proceedings for the annual assessments levy with respect to the various maintenance districts
Community Development Director Thompson provided background information on this item.

MOTION: Mayor Pro Tem Cale moved to Adopt Resolution No. 3338-22, initiating proceedings for the Annual Assessments Levy with respect to the various Assessment Maintenance Districts for Fiscal Year 2022/23 pursuant to the provisions of Part 2 of Division 15 of the Streets and Highways Code of the State of California. The motion was seconded by City Council Member Button and the vote was: Ayes: Button, Ambriz, Cale, Creighton; Noes: Raymond; Absent: None.

The motion passed.

CITY MANAGER REPORTS/UPDATES:

Resolutions calling, giving notice of, and consolidating a General Municipal Election to be held Tuesday, November 8, 2022 regarding the renewal of a Transactions and Use Tax Measure in the City of Atwater
Deputy City Manager Del Real provided background information on this item.

Mayor Creighton opened the public comment regarding this item.

One person spoke regarding the public safety tax and property tax.

One person spoke regarding the public safety tax.

One person spoke regarding the public safety tax and staffing levels for public safety.

One person spoke regarding the public safety tax and ISO ratings.

One person spoke regarding public safety and the protections they provide.

One person spoke regarding the public safety tax.

One person spoke regarding the public safety tax.

One person spoke regarding the public safety tax and inflation.

City Council Meeting Action Minutes for July 25, 2022 Page 6 One person spoke regarding the public safety tax and the parameters of this item.

One person spoke regarding the public safety tax and supplementation.

Mayor Creighton closed public comment on this item.

City Council Member Raymond asked for clarification regarding the ballot question and what funds can be used for.

City Attorney Splendorio clarified the ballot question is intended to summarize the measure and is in a yes or no format. Funds are specifically used for special purposes for Public Safety services – equipment and personnel cost for Fire and Police.

City Council Member Button asked for clarification regarding the Citizens’ Oversight Committee and the oversight of the public safety funds. Then asked for clarification regarding the sunset clause.

Mayor Pro Tem asked for clarification regarding the Oversight Committee.

MOTION: Mayor Pro Tem Cale moved to Adopt Resolution No. 3341-22 calling for the placement of a local controlled special tax measure on the ballot for the November 8, 2022 for the submission to the qualified voters of an ordinance to extend a special transactions and use tax (Sales Tax) at the rate of one cent (1¢) to fund Police, Fire and 911 Emergency Response Services; and Adopt Resolution No. 3340-22 requesting the Board of Supervisors of the County of Merced to consolidate a General Municipal Election to be held on November 8, 2022 with the statewide General Election to be held on that date pursuant to §10403 of the elections code; and
Adopt Resolution No. 3339-22 providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a city measure to be submitted at the November 8, 2022 General Municipal Election. The motion was seconded by City Council Member Button and the vote was: Ayes:

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

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person spoke regarding the items listed on the warrant list.

One person spoke regarding water usage, utility billing and parks.

One person spoke regarding various topics regarding the city.

One person spoke regarding ambulance service in the City of Atwater.

City Council Meeting Action Minutes for July 25, 2022 Page 7 One person spoke thanking first responders.

One person spoke regarding the state of the city fiscally.

No one else came forward to speak.

CITY COUNCIL MATTERS:

Appointment of three (3) technical members to the General Plan Technical Advisory Committee to assist with the update to the City of Atwater General Plan Mayor Creighton provided background information on this item.

Community Development Director Thompson provided background information on this item.

Mayor Creighton named the three applicants.

Mayor Creighton opened public comment regarding this item.

No one came forward to speak.

MOTION: City Council Member Raymond moved to appoint appoint three (3) members to the General Plan Technical Advisory Committee to assist with the update to the City of Atwater General Plan. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Cale, Raymond, Button, Ambriz, Creighton; Noes: None;

Absent: None. The motion passed.

City Council comments
Mayor Pro Tem Cale spoke regarding Fire personnel and their safety with the surrounding fires. He briefly spoke regarding the Public Safety Tax measure. He asked that staff address all questions asked by the public.

City Council Member Ambriz had nothing to report.

City Council Member Button had nothing to report.

City Council Member Raymond had nothing to report.

Mayor Creighton asked that all residents could assist with Mariposa County, please reach out to the Sheriff’s Department and CAL Fire. Thanked the public for their comments and assured that staff would do their best to get them the answers they need.

ADJOURNMENT:

City Council Meeting Action Minutes for July 25, 2022 Page 8 Mayor Creighton adjourned the meeting at 7:34 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: October 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Jim Vang
SUBJECT: Approving plans and specification and authorizing advertising and calling for bids for Downtown Pedestrian Improvement Project – Phase 1 (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Approval of the plans and specifications and authorizing advertising and call for bids for Downtown Pedestrian Improvement Project-Phase 1, Bid Call No. 708-21, City Project No. 20-7, Federal Project No. CML-5254(030)
I. BACKGROUND/ANALYSIS:

In June of 2020, the City responded to MCAG’s “Congestion Mitigation and Air Quality (CMAQ) Call for Projects – Fall 2020” with separate applications for three phases of a proposed pedestrian improvement project to better connect residents with downtown.

The Phase 1 project was awarded a funding grant in the amount up to $1,124,530 (federal fund in the amount of $995,546 with local match in the amount of $128,984) for the design, engineering, environmental analysis, and construction of a pedestrian project to connect a residential area with downtown. Of the total amount, $102,230 was designated for the Preliminary Engineering phase and $1,022,300 for the Construction phase.

The project consists of constructing new curbs/gutters, sidewalks, curb ramps, replacement residential driveway approaches, and conform paving as required.

Improvements are proposed along Fir Avenue, Elm Avenue, Drakeley Avenue, Cedar Avenue, Sixth Street, and Seventh Street. See construction plans (“Exhibit B”) for the limits of improvements on each street. The project specifications are available for review in the Engineering Division.

On August 10,2022, staff received from Caltrans the Authorization to Proceed (E-76) for the Construction phase (EXHBIT “A”), which is the federal authorization of funds to establish the reimbursement rate for the Project. VVH Consulting Engineers prepared the bid documents, including construction plans, specifications, and engineer’s estimate. The estimated cost of the Construction phase is $1,054,139, of which $997,866 is allocated for improvements. The actual construction cost will be

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

Agenda Report - Page 2

determined when the contract is awarded.

II. FISCAL IMPACTS:

Sufficient funding for this project is budgeted in the Capital Improvement Plan for FY 2022-23; General Fund Capital, account No. 0003- 1080-U004, and SB1 Fund, account No. 1018-1080-U004.

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:

N/A
V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

There were public scoping meetings held with surrounding residents of the project location.

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301, “Existing Facilities” Class1(c):

Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

Caltrans issued a NEPA Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3) on December 02, 2021.

IX. STEPS FOLLOWING APPROVAL:

Should the City Council approve the plans and specifications and authorize the advertising a Call for Bids, a bid call date will be set and the Call for Bids will be advertised in a local newspaper and posted with regional builders exchanges.

Submitted by:

Agenda Report - Page 3

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Exhibit A - CML-5254(030)_E76CON

2. Exhibit B - Construction Plans

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CITY COUNCIL

AGENDA REPORT

MEETING DATE: October 24, 2022
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Approving specifications and authorizing advertising and Call for Bids for the purchase of Law Enforcement Sidearms for the Police Department (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Approval of specifications and authorizing advertising and call for bids for the purchase of handguns for the Police Department, Bid Call No. 718-22.

I. BACKGROUND/ANALYSIS:

The Atwater Police Department currently utilizes the Smith and Wesson M&P 9mm as their standard duty handgun. These firearms have been in use by the department for approximately 5+ years. This firearm replaced the H&K USP which was chambered in .45 ACP. The "Lifespan" of the Smith and Wesson M&P 9mm firearm is rated for approximately 20,000 rounds fired through it before needing replacement of various parts. The "half-life" of the True Dot Tritium night sights is rated at 12 years with the "lamp" beginning to dim after that point. An accurate round count fired through our department weapons is not available. A conservative estimate is that these firearms have been fired approximately 7400 rounds year to date. This estimate is based upon officers being given 100 rounds per month to train independently, amounting to 1,200 rounds per year over a period of 6 years for an approximate total of 7,400 rounds fired by the weapon. This total does not account for a conservative 200 rounds which are fired annually for departmental training over the same 6 year period for an additional 1,200 rounds, thus the estimate of 8600 rounds.

Over the past several months, the Atwater Police Department has been testing and evaluating several possible firearms for consideration in replacing their current dutyissued firearm. The Glock and Sig Sauer have been tested and evaluated. Of these firearms, the Sig Sauer P320 chambered in 9mm was favored by the Department Range Masters as well as the majority of the members of the Atwater Police Department. This weapon has interchangeable grip modules which allow the weapon to be configured for each officer individually for feel. Furthermore, the weapon has ambidextrous controls, therefore eliminating the need for the agency to purchase "lefthanded" firearms. The Firearm will also be equipped with modern red dot reflex sights

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

Agenda Report - Page 2

to improve officers' accuracy. It should be noted that this weapon was also chosen by the United States Military to replace the Berretta M9 pistol used by troops in the field.

Once the bid responses are received and analyzed, the Department will return to council to award a purchase order to the successful bidder. The Department will request that the Council declare the replaced firearms as surplus and allow for the sale to department personnel and the vendor. The proceeds of this sale will reimburse the General Fund, offsetting the net impact of the project cost.

II. FISCAL IMPACTS:

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:

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 call for bids is not a project for purposes of CEQA.

IX. STEPS FOLLOWING APPROVAL:

The Police Department will return to Council on December 12th to award the Bid.

Submitted by:

Agenda Report - Page 3

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Sig Sauer Handgun Bid 718-22

1 CITY OF ATWATER
CALL FOR BIDS:

SIG SAUER P320 HANDGUN WITH RED DOT SIGHTING SYSTEM
BID CALL NO. 718-22
Notice is hereby given that sealed bids will be received at Atwater City Hall until 2:00 PM local time, on Thursday, March 26, 2020 at which time they will be publicly opened and read for the furnishing and delivering of Forty (40) New Sig Sauer P320 Handguns with Red Dot Sighting System. Please carefully read and follow the instructions. Bids shall be presented under sealed cover. Clearly marked “Forty (40) New Sig Sauer P320 Handguns with Red Dot Sighting System, Bid Call No. 718-22” and bid submittal deadline date on the outside and mailed or delivered to:

City of Atwater
City Clerk’s Office
750 Bellevue Road
Atwater, California
Contact: Michael Salvador, Chief of Police
Phone: 209-357-6298
Fax: 209-358-5256
E-Mail: [email protected]
Any bidder who wishes their bid to be considered is responsible for making certain that their bid is received by the City Clerk’s office by the Bid Submittal Deadline. NO ORAL,

TELEPHONIC, TELEGRAPHIC, ELECTRONIC (E-MAIL), OR FACSIMILE BIDS OR MODIFICATIONS WILL BE CONSIDERED. BIDS RECEIVED AFTER THE BID

SUBMITTAL DEADLINE WILL BE REJECTED REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.

BID SUBMITTAL DEADLINE; 2:00 P.M., THURSDAY, NOVEMBER 10, 2022 BIDS WILL BE CONSIDERED LATE WHEN THE CITY CLERK’S OFFICIAL TIME CLOCK READS 2:00 P.M.

By order of the City Council of the City of Atwater, State of California on October 24th, 2022 /s/ Lucy Armstrong

LUCY ARMSTRONG
City Clerk

2 TABLE OF CONTENTS
SECTION ...........................................................................................................................PAGE

1. Technical Specifications .....................................................................................3

2. Invitation for Bid Calendar and Checklist ........................................................... 3

3. Instructions for Submitting Bids ......................................................................... 4

4. General Terms and Conditions.......................................................................... 6

5. Award of Bid....................................................................................................... 12

ATTACHMENTS
A. Signature Sheet................................................................................................. 15 B. Bid Cost Sheet................................................................................................... 16 C. References ........................................................................................................ 17

3 SECTION 1

TECHNICAL SPECIFICATIONS
PURCHASE OF Forty (40) Sig Sauer P320 Handguns with Red Dot Sighting System The City of Atwater is soliciting bids, from qualified vendors, to replace its current issued sidearm, Smith and Wesson M&P, with a new sidearm with a red dot sighting system .

The following specifications will be considered as minimum. The Handguns shall be of new, current Manufacture. The units shall be delivered completely assembled, serviced and ready to operate.

Bidder shall initial in the space provided for Minimum Specifications and Options to indicate that the bidder has read that item and can supply the item required. Do not initial the item if you are unable to supply the item as required. If unable to supply an item, indicate in writing the alternates that you can supply. The total proposed price on the proposal page must INCLUDE all the specifications and options that are initialed or offered by the bidder.

Specifications:

Bidders Initials
1) _______ Sig Sauer P320 W320CA9BXPRX-XF SIG LE P320CA 9MM PRO N/S 17RD D/S(W320CA-9-BXR3-PRO-RXP), red dot sighting system, 3 magazines per firearm
Additive items from the base bid and separately from each other, The City of Atwater may at its discretion elect to purchase any or none of the following items.

SECTION 2

INVITATION FOR BID CALENDAR AND CHECKLIST

1. Calendar
a. Availability of Invitation for Bid October 25, 2022
b. Submittal of Questions / Corrections October 31, 2022 c. Closing Date for Invitation for Bid November 11, 2022

4 2. Submittal Checklist
a. Signature Sheet Attachment A Section 3.1.a
b. Bid Cost Sheet Attachment B Section 3.1.a
c. Reference List Attachment C Section 3.4
SECTION 3

INSTRUCTIONS FOR SUBMITTING BIDS

1. Bid Submittal
a. Bid must be submitted on the form(s) provided by and made available to The City of Atwater, City Clerk’s Office 750 Bellevue Rd Atwater, CA 95301. All items shall be filled in and the signatures of all persons signing shall be written and printed in longhand. All bids submitted must have signature sheet, (Attachment A) completed, dated, with firm's name and signed by a duly authorized officer of the firm.

The bid cost sheet, (Attachment B) to be completed, signed and returned with bid submittal.

Bids not submitted on the form(s) provided may not be considered by the City. b. All bids shall be presented under sealed cover, clearly identified on the outside to read:
 Name of the bidder
 Address of the bidder
 Subject of the Bid
 Bid Submittal Deadline Date
c. Please submit one (1) original signature hard copy to be signed in blue ink (original copies marked as such) and one (1) copy.
d. All bids shall remain firm for at least sixty (60) calendar days after Bid Submittal Deadline unless otherwise specified. Within sixty (60) calendar days after the Bid Submittal Deadline opening, a purchase order and/or a contract may be awarded by the City to the lowest responsible bidder, as it may deem proper in its absolute discretion. The time for awarding a purchase order and/or a contract may be extended at the sole discretion of the City, if required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with their bid.
e. All prices shall be bid F.O.B. DESTINATION only.
f. Delivery dates of all items/services shall be specified on the bid.

5 g. Mistakes must be corrected, and the correction inserted; correction must be initialed in blue ink by the person signing the bid.
h. Bidder shall be able to withdraw their bid at any time prior to the Bid Submittal Deadline. After bid submitted deadline, the bidder shall not be relieved of its bid without the consent of the City, nor shall any change in the bid be made because of a mistake. The City may allow a bidder to withdraw a bid because of a mistake only when the bidder has notified the City in writing within five (5) work days following the bid opening, specifying in detail how the mistake occurred, and has established to the satisfaction of the City that: (1) a mistake was made; (2) the mistake made the bid materially different from what the bidder intended; and (3) the mistake was made in filling out the bid and was not due to an error in judgment nor to carelessness in inspecting the site nor in reading the plans or specifications.
i. The submission of a bid shall be considered an agreement to all the terms, conditions, and specifications provided herein and in the various bid documents, unless specifically noted otherwise in the bid.

2. Interpretation, Corrections and Addenda
The Bidder must carefully examine the specifications, terms and conditions provided in the Invitation for Bid and become fully informed as to the requirements set forth therein.

If anyone planning to submit a bid discovers any ambiguity, conflict, discrepancy, omission or error in the bid, has any questions in relationship to the requirements as specified in Section 1, or any other related matters, they shall immediately notify the contact person as shown on the “Cover Sheet” of such concern in writing and request clarification or modification of the document(s) no later than the deadline as set forth herein:

Deadline for submission of questions: October 31, 2022
No further requests for clarification or objections to the bid will be accepted or considered after this date. Any change in the bid will be made only by written addendum, issued by the City of Atwater to each firm in receipt of the Invitation for Bid and shall be incorporated in the bid.

The Bidder shall sign and date the addendum and submit same with the bid. Any oral communication by the City’s designated contact person or any other City staff member concerning this proposal is not binding on the City and shall in no way modify this proposal or the obligations of the City or any Bidders.

The Bidder may FAX, E-mail or mail the contact person as shown on the “Cover Sheet”.

All inquiries shall be made in writing only and directed to the designated City staff person as shown. Contact with any other City personnel or any undue “badgering” of such City personnel by the Bidder is prohibited. Failure to comply with this request may be considered cause for disqualification of your bid.

3. Bid Submittal Deadline
The bid must be received by the City of Atwater no later than 2:00PM, local time on Thursday, November 10, 2022. BIDS RECEIVED AFTER THIS DEADLINE WILL BE

6 REJECTED REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.

Without law or policy to the contrary, if the bidder took reasonable steps to submit the bid in due time, and failure of the bid to be on hand at the time of closing was not the result of negligence or other fault of the bidder, but was the result of negligence by the City, the City reserves the right to accept such bid.

4. References
Provide a list of at least three (3) three customer references, (Attachment C) which you have sold or are currently selling similar items/services. Include the company’s name; the name, title, and telephone number of a contact person; the dollar amount of the contract; and the dates that these items/services were completed.

SECTION 4

GENERAL TERMS AND CONDITIONS

1. Bid Rejection/Waiver of Informalities

THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART

THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID AND MINOR IRREGULARITIES, TECHNICAL DEFECTS OR CLERICAL ERRORS.

The City’s decision shall be final. The City’s waiver of an immaterial defect shall in no way modify the bid documents or excuse the bidder from full compliance with its specifications if the bidder is awarded the bid.

2. Bonding Requirements

NO BOND WILL BE REQUIRED

3. Condition of Equipment Bid
If equipment is proposed, it is to be the newest and latest model in current production.

Used, re-manufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated under this bid.

4. Brand Names
Manufacturers’ brand names and model numbers, when used, are for reference to indicate the character or quality desired. Equal items will be considered, provided your offer clearly describes the item. Offers for equal items must state the manufacturers brand and model number, or level of quality. The determination of the City of Atwater as to what items are equal is final and conclusive. When manufacturer’s brands, model numbers or level of quality is not stated by bidder, the offer will be considered exactly as specified.

5. Payments, Invoicing and W-9 Certification Form

7 Payment will be made within 30 days of delivery and acceptance of the equipment.

Invoices shall be submitted for each billing. Invoice shall be mailed or delivered to the City of Atwater whose name and address shall appear in the "INVOICE TO" section of any purchase order and/or contract as a result of this bid.

In addition to the itemized invoice(s) submitted by the successful bidder for payment, the successful bidder must also complete and submit a Form W-9, “Request for Taxpayer Identification Number and Certification”, (www.irs.gov/pub/irs-pdf/fw9.pdf) to the City.

Both invoice(s) and W-9 form shall be forwarded to the City at the address indicated in the purchase order and/or contract. Upon approval by the City, the sum due hereunder shall be paid to the successful bidder within thirty (30) calendar days.

6. Delivery Hours
Any necessary delivery will be accepted from 9:00 a.m. to 3:00 PM, Monday through Friday. If needed, the bidder shall state the approximate delivery date.

7. Damage of Items
All damages pursuant to items received by City due to the successful bidder’s negligence shall be the responsibility of successful bidder to replace.

8. Alternate Bids
Alternate bids cannot be considered due to the guidelines of the grant award.

9. Cash Discount

N/A

10. Pricing
Unless otherwise provided, the items/services stated herein will not be subject to any price increase from the date of acceptance of bid to the date of termination/extension as stated herein. If the successful bidder established prices for any items/services listed herein is decreased during the term of this bid, then such discounts/ reductions in price shall be immediately applicable so that City may have benefit of such lower prices.

11. Risk of Loss
The successful bidder shall bear risk of loss until goods have reached the final F.O.B.

Destination point. Thereafter, City shall bear risk of loss.

12. Prior to Shipment
While the successful bidder has risk of loss, the successful bidder agrees, at its own expense, to procure and carry suitable fire, and extended coverage insurance on material, work-in-process and any furnished items which comprise or will eventually comprise the Piece-of Equipment. The amount to be insured shall be the actual replacement value of said material, work-in-process and furnished items. Such insurance shall provide a loss payable clause in favor of the successful bidder as its

8 interest may appear.

13. F.O.B. Point
If necessary, F.O.B. Destination to include inside delivery to:

CITY OF ATWATER

POLICE DEPARTMENT
750 BELLEVUE ROAD
ATWATER, CA 95301

14. Examination of Bid Documents
All bidders shall carefully examine the specifications herein and must fully inform themselves of the conditions and requirement of the items/services to be furnished.

Failure to do so will be at bidder’s own risk and cannot secure relief on the plea of error, or dispute, or question such specifications and the directions explaining or interpreting them.

Should a bidder find discrepancies in, or omissions from, the specifications, or should he/she be in doubt to their meaning, he/she shall at once notify the Cities’ Police Department. Notification is to be in written form and must be submitted at least seven (7) work days prior to the Bid Submittal Deadline. Any interpretations by the City will be made in written form. Any change in requirements will be done in the form of a written addendum. The receipt of any resulting amendment must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions given before the award of the contract will not be binding upon the City.

All other questions should be in writing only and directed to the buyer shown on the “Cover Sheet” of this Invitation for Bid (IFB).

15. Request for Changes
The City reserves the right to order in writing changes in the bid or alterations, additions, or omissions at any time prior to acceptance of the items/services without voiding the bid, and the successful bidder shall comply with such order. The successful bidder may also request changes in the bid, but no work will be performed on such changes until the request is approved in writing by the City. Such changes shall be performed in accordance with the original bid requirements except as modified by an amendment.

Except as herein provided, the successful bidder shall have no claim for any other compensation due to changes in the work.

Any changes or deviation from the contract made without authority in writing from the City will be at the bidder's own risk. No such changes shall be made nor adjustment in compensation granted unless the successful bidder receives an executed amendment prior to making the changes.

9 16. Insurance
Bidder shall have normal liability workers compensation insurance for this project.

17. Qualification of Bidder
The City may make such investigation as it deems necessary to determine the ability of the bidder to provide the services requested herein, and the bidder shall furnish to the City all information and data for this purpose as the City may request. The City reserves the right to reject any bid should the evidence submitted by, or investigation of, the bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the bid and to complete the requirements contemplated therein.

18. Subcontracting
Any bidder using a subcontractor(s) must clearly explain the use of the subcontractor(s) and list the name(s) and address(es) of the subcontractor(s) providing work under this bid the successful bidder will be fully responsible for all work performed under this bid and will be considered as the Prime Contractor. Any subcontracting, or other legal arrangements made by the bidder are the sole responsibility of the bidder. Any contract that is entered into between the successful bidder and the subcontractor(s) shall contain provisions for federal and state access to the books, documents, records, and inspection of work.

19. Default
In the event the successful bidder who is awarded a purchase order and/or contract resulting from this bid shall be in breach or default, the City may procure the items/services from other sources and may deduct from any monies due, or that may thereafter become due to the successful bidder, the difference between the price named in the purchase order and/or contract and actual cost thereof to the City. Prices paid by the City must be considered the prevailing market price at the time such purchase is made. These rights and remedies shall not be exclusive but in addition to any other rights and remedies provided by contract law.

20. Cancellation of Purchase Order and/or Contract
The City may terminate any purchase order and/or contract derived from this bid as follows:
a. WITH CAUSE (Default) at any time by giving ten (10) calendar days written notice to the successful bidder. Cancellation for cause shall be at the discretion of the Department of Administrative Services-Purchasing and shall be, but is not limited to, failure to supply the items, materials, equipment or services specified within the time allowed or within the terms, conditions or provisions of this bid.

The successful bidder may not cancel any purchase order and/or contract derived from this bid, without prior written consent of the Department of Administrative ServicesPurchasing.

10 21. Rejection of Bid

THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART

THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID, AND ALSO TO WITHHOLD AWARD FOR A PERIOD OF NINETY (30) CALENDAR DAYS FROM DATE OF BID OPENING.

22. Nondiscrimination
a. During the performance of this bid, bidder and any sub-bidders shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, martial status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Bidder and sub-bidders shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Bidder and sub-bidders shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code and incorporated into this contract by reference and made a part hereof as if set forth in full.
b. Bidder and any sub-bidders shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. Bidder shall include the nondiscrimination and compliance provisions of the clause in all subcontracts to perform work under the contract. d. Bidder shall grant access by representative of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

23. Non-discrimination of the Disabled
The City will not aid or perpetuate discrimination against a qualified disabled individual by funding as an agency, organization, or person that discriminates based on handicap in providing aid, benefit, or service to beneficiaries of the program or activity. The City is committed to provide access to all City services, programs, and meetings open to the public for people with disabilities.

In this regard the City and all its vendors and bidders will take all reasonable steps to ensure that disabled individuals have the maximum opportunity for the same level of aid, benefit, or service as any other individual.

24. Governing Law and Venue
This bid, or any contract that may result from the award of this bid, shall be deemed to

11 be made under, and shall be governed by and construed in accordance with, the laws of the state of California. Any action brought to enforce the terms, or provision of this bid or any contract that may result from the award of this bid, shall have venue in the County of Merced, State of California.

25. Taxes
Sales Tax should be shown separately on the bid form, when and where indicated. The City is exempt from Federal Excise Tax and should not be included in your bid. If your company is outside California and collects sales tax, please state the amount as a separate item if the City is to remit the tax.

26. Samples
Samples of items, when required, must be furnished free of cost. Samples may be retained for future comparison. Samples which are not destroyed by testing or which are not retained for future comparison will be returned upon request at your expense.

27. Liabilities
The bidder shall hold the City, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at its own expense, any and all actions brought against the City or bidder because of the unauthorized use of such items.

28. Warranty, Manufacturer
Manufacturer shall fully warrant all materials and equipment furnished under the terms of this bid against poor and inferior quality. While under warranty, manufacturer shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations. A copy or description of the manufacturer’s warranty shall accompany each bid for the material and equipment proposed, detailing the scope and length of the warranty. Where the successful bidder is also the manufacturer of the materials or equipment provided under this bid, the Manufacturer's Warranty requirement will supersede the successful bidder warranty requirement of this bid.

29. Warranty, Successful Bidder
Successful bidder shall fully warrant all materials and equipment furnished under the terms of this bid against poor and inferior quality, for a period of not less than one (1) year from date of the final acceptance by the City. While under warranty, successful bidder shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations.

12 SECTION 5

AWARD OF BID
An evaluation team shall validate and evaluate all bids received. All requirements identified in this bid must be satisfied in order to ensure that a bid will qualify for consideration.

1. Lowest Responsive Bidder
Although competitive pricing is essential in the award of this IFB, consideration shall be given, but not limited to:
a. Lowest responsive bidder following assessment of 5% Local Business Purchasing Preference, if applicable.
b. The ability of the Bidder to comply with Terms and Conditions set forth herein. c. The ability of the Bidder to comply with the Specifications or Scope of Work set forth herein.

2. Lowest Responsible Bidder
a. The quality and performance of the supplies/equipment to be provided by the bidder; b. The ability, capacity and skill of the bidder to perform the contract or accomplish the transaction within the time specified, without delay;
c. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
d. The quality of bidder's performance on previous purchases by, or contracts with, the City;
e. The ability of the bidder to provide future maintenance, repair parts and services for the supplies/equipment provided;

3. Award
The City reserves the right to:
a. Award bids received based on individual items/services, or groups of items/services, or on the entire list of items/services; b. Reject any or all responses, or any part thereof;
c. Waive any informality in the bids;
d. Accept the bid that is in the best interest of the City.

An evaluation of the bidder’s ability, quality, and performance as set forth under Section

13 5.1, “Most Responsive Bidder” and Section 5.2, “Lowest Responsible Bidder”, of this bid, will be used in addition to total cost as a basis of award for any ensuing contract.

4. Notice of Intent to Award
A “Notice of Intent to Award” will be sent to all participating Bidders upon conclusion of validation and evaluation of all bids submitted. This “Notice of Intent to Award” will be sent to all participating Bidders by U.S. postal mail, facsimile, and/or email.

5. Debriefing
A debriefing shall be held before the award of the Contract upon the timely request of an unsuccessful Bidder for the purpose of receiving information concerning the evaluation of the Bidder’s bid response. The request must be in writing, dated, signed either by the Bidder or a legally authorized individual on behalf of the Bidder and be received by the City of Atwater City Clerk’s Department within three (3) working days following the City’s U.S. postal mail, email, or facsimile of the “Notice of Intent to Award”. Each requesting Bidder will be allotted a maximum of one hour for any debriefing conference. The information provided by the City will be based on the evaluators’ determinations of your company’s submitted bid as it relates to the evaluation criteria as stated herein above.

The debriefing may be held, in the discretion of the City, by telephone conference call.

The debriefing is not the forum to challenge the bid’s specification, requirements, or the selection criteria. The debriefing procedure provided herein to all requesting and unsuccessful Bidders to the City’s Invitation for Bid is the exclusive and sole remedy and means of receiving information upon the respective Bidder’s evaluation and preliminarily challenging of the award.

6. Protest
The protest process is made available if an unsuccessful Bidder cannot reach agreement with the City after undergoing the debriefing process described herein above.

Should an unsuccessful Bidder request a debriefing, and believes its submittal to be the most responsive to the City’s Invitation for Bid and that the City has incorrectly selected another Bidder for award, the appealing Bidder may submit a protest of the selection as described below:

All protests must be made in writing, dated, signed by the Bidder or an individual authorized to sign Contracts on behalf of the protesting Bidder, and contain a statement of the reason(s) for protest; citing the law(s), rule(s) and regulation(s) or procedure(s) on which the protest is based. The protesting Bidder must provide facts and evidence to support the protest.

Protest(s) to City’s notification to award must be sent either by U.S. mail, postage prepaid, or by personal delivery to:

City of Atwater
Attn: City Clerk
750 Bellevue Road
Atwater, Ca 95301
All protests in relationship to the City’s intended award decision must be received by the City Manager no later than seven (7) working days following the City’s U.S. postal mail, facsimile, or email of the “Notice of Intent to Award” to the Bidder.

14 7. Protest Procedures
A Bidder protesting the results of any of the processes described herein must follow the procedures set forth. By submitting a “Letter of Intent to Protest”, the Bidder has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this proposal. Protests that do not follow these procedures shall not be considered. The protest procedures constitute the sole administrative remedy available to the Bidder under this procurement. Upon exhaustion of this remedy no additional recourse is available with the City of Atwater.

Upon receipt of the formal protest, the City Manager, or his/her designee, will attempt to resolve the protest. If the protest has not been resolved, the Bidder will have an opportunity to address the City Council stating their concerns. The decision of the City Council constitutes the final step of the Bidder’s administrative remedy. A protest shall be disallowed when, in the judgment of the City Manager, or his/her designee, or City Council, it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the protester advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

If a protesting Bidder does not appear at the protest hearing as scheduled by City of Atwater, the protest will be disallowed.

15 ATTACHMENT A

SIGNATURE SHEET
I/We the undersigned hereby certify that I/We am/are a duly authorized official of the company and have the authority to sign on behalf of the company and assure that all statements made in the bid are true. I/We agree to furnish and deliver the specified items/services at the prices stated herein, and have read, understand, and agree to the terms and conditions contained herein and on all the attachments.

Name of Individual/Company: ____________________________________________________ Business Address: _____________________________________________________________ Telephone No.: ________________________________Fax :_________________________ County Business License No. __________________________Expiration Date: _____________ State Business License No. ___________________________Expiration Date: _____________ Signature of Authorized Official: __________________________________________________ Name/Title of Authorized Official: _________________________________________________ E-Mail: _____________________________________________________________________

16 THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID

ATTACHMENT B

BID SHEET
I/We agree that the prices stated herein will be firm for ninety (90) calendar days from the Bid Submittal Deadline.
`Item
No. Qty Description Price

1. 40
Sig Sauer P320 W320CA9BXPRX-XF SIG LE
P320CA 9MM PRO N/S 17RD
D/S(W320CA-9-BXR3-PRO-RXP), 3
magazines per firearm
2 TAXES AND APPLICABLE FEES
TOTAL $
DATE SIGNATURE:

THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID

17 ATTACHMENT C

REFERENCE LIST
1) NAME: ___________________________________________________________________________ ADDRESS: __________________________________________________________________________ P.O. Box/Street City State Zip
CONTACT PERSON/TITLE: __________________________________________________________ TELEPHONE NUMBER: ________________________ FAX NUMBER: ___________________ EMAIL ADDRESS: ____________________________________________________________________ DOLLAR AMOUNT OF CONTRACT: ______________________________________________________ DATE AND SERVICES PROVIDED: ______________________________________________________ 2) NAME: ___________________________________________________________________________ ADDRESS:
____________________________________________________________________________________ P.O. Box/Street City State Zip
CONTACT PERSON/TITLE:_____________________________________________________________ TELEPHONE NUMBER: ________________________ FAX NUMBER: ___________________ EMAIL ADDRESS: ____________________________________________________________________ DOLLAR AMOUNT OF CONTRACT: ______________________________________________________ DATE AND SERVICES PROVIDED: ___________________________________________________ 3) NAME: ___________________________________________________________________________ ADDRESS:
___________________________________________________________________________________ P.O. Box/Street City State Zip
CONTACT PERSON/TITLE: ____________________________________________________________ TELEPHONE NUMBER: ________________________ FAX NUMBER: ___________________ EMAIL ADDRESS: ____________________________________________________________________ DOLLAR AMOUNT OF CONTRACT: ______________________________________________________ DATE AND SERVICES PROVIDED: ______________________________________________________

THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID

CITY COUNCIL

AGENDA REPORT

MEETING DATE: October 24, 2022
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Approving Budget Amendment regarding appropriation of Abandoned Vehicle Program Funds for the Electronic Citation System(Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3351-22 approving Budget Amendment No. 6 amending Fiscal Year 2022-23 Budget regarding Abandoned Vehicle Program Funds to continue the Electronic Citation Program for the Police Department.

I. BACKGROUND/ANALYSIS:

The City Council adopted Resolution No. 3317-22 adopting the 2022-23 Fiscal Year Budget on June 27, 2022. In September of 2022 the Police Department was notified by the Merced County Association of Governments (MCAG) that there were surplus funds available to the City of Atwater in the abandoned vehicle fund. The surplus totaled $7555.64. The Police Department is requesting the surplus to be appropriated to the abandoned vehicle fund budget to purchase needed Police Equipment to support its eticket program. This purchase has been approved as an authorized expense by MCAG.

The Department requests a budget amendment to appropriate the money to allow for the purchase of police equipment to assist the program.

II. FISCAL IMPACTS:

Approval of Budget Amendment No. 6 increasing the revenue in the Abandoned Vehicle Program Fund, Abandoned Vehicle Abatement Revenue Account No. 0009- 2020-3192 by $7555.69 and increasing the appropriation in the Abandoned Vehicle Program Fund Special Department Expense Account No. 0009-2020-2021 by $7555.69.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

Agenda Report - Page 2

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

IV. EXISTING POLICY:

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council adoption of Resolution No. 3351-22, staff will execute Budget Amendment No. 6 to appropriate the funds obtained from MCAG.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Budget amendment resolution 3351-22

Agenda Report - Page 3

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3351-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 6 AMENDING 2022-2023

FISCAL YEAR BUDGET REGARDING

ABANDONED VEHICLE PROGRAM FUND
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 Department has been notified that surplus funds in the amount of $7555.64 are available to the Police Department from the Merced County Association of Government’s Abandoned Vehicle Abatement program; and
WHEREAS, the City Council established a Abandoned Vehicle Program Fund to monitor, document and manage funds used by the Police Department to abate abandoned vehicles; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 6 to the 2012-2023 Fiscal Year Budget as follows:

SECTION 1: Increasing a budget revenue and appropriation in the Police Grants Fund Increase Budget
(Revenue) 0009.2020.3192 Abandoned Vehicle Abatement $7555.64 Increase Budget
(Expense) 0009.2020.2021
Special
Departmental
Expense
$7555.64
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.

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

Resolution No. 3351-22 Page 2
AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: October 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Approving participation in the Multijurisdictional Housing Element and Cost sharing Agreement (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3352-22 authorizing the participation in the Multijurisdictional Housing Element (MJHE) and Cost Sharing Agreement; and authorizes the City Manager, or her designee, to execute any and all documents related to the MJHE I. BACKGROUND/ANALYSIS:

BACKGROUND:

MCAG and staff of local jurisdictions are coordinating a multijurisdictional housing element for the sixth cycle update. While typically in California, cities and counties prepare the required housing element updates individually, a joint effort has advantages, including economies of scale and a cohesive approach to addressing new requirements and coordination with the California Department of Housing and Community Development (HCD), who must certify each jurisdiction’s housing element update by February 18, 2024. MCAG issued a request for proposals for a consultant to develop a sixth cycle multijurisdictional housing element on September 2, 2022. In partnership with local jurisdictions, MCAG developed a draft cost sharing agreement to share the cost of the multijurisdictional effort. The final contract amount will be available once a preferred consultant is selected in late October. It’s estimated that the consultant contract will be approximately $1,000,000, and that approximately $480,000 of MCAG’s REAP 1.0 funding will go towards the joint effort. In addition, MCAG is requesting $35,000 for staff time to manage the contract and assist with project coordination.

MCAG is requesting that jurisdictions participating in the joint effort provide a resolution confirming their participation by December 1, 2022, prior to requesting the Governing Board to approve the contract at its December 15 meeting. Upon receipt of the signed resolution, MCAG will issue each participating jurisdiction a deposit, per the cost sharing agreement, to assist MCAG with the cashflow for the large contract. Deposits will be due December 30, 2022. ANALYSIS:

ANALYSIS:

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

Agenda Report - Page 2

California housing element law requires every jurisdiction to prepare and adopt a housing element as part of its general plan. Historically, in California, it is typical for each city or county to prepare and maintain its own separate general plan and housing element. However, staff have been in discussions through a technical group with representatives from the cities of Merced, Livingston, Gustine, Los Banos, Dos Palos, the County of Merced, and Merced County Association of Governments (MCAG) regarding embarking on the region’s first multijurisdictional housing element (MJHE) for the sixth round of housing element updates. All agencies within Merced County are on the same cycle or schedule.

While legislative changes have increased the cost and complexity of the housing element since the fifth cycle, there are some advantages in pursuing a joint effort, including cost savings due to economies of scale and a cohesive approach to addressing new state requirements. As a result, local members are exploring the potential with MCAG to develop a sixth cycle multijurisdictional housing element, as is currently being done in other Metropolitan Planning Organization (MPO) regions in the San Joaquin Valley.

One of the many new requirements that the State Department of Housing and Community Development (HCD) is that housing elements must assertively further fair housing opportunities. In order to achieve this objective, the housing element must include preventing segregation and poverty concentration, as well as increase access to areas of opportunity.

State housing element requirements are framed in Government Code, Sections 65580 through 65589, Chapter 1143, Article 10.6. The law requires the State Department of Housing and Community Development (HCD) to administer the law by reviewing housing elements for compliance with state law and by reporting its written findings to the local jurisdiction. State housing element law mandates that housing elements be updated every eight years. Additionally, a certified housing element is a key requirement to qualify for numerous state grants and funding, some of which are listed in Attachment A. Atwater's 5th Housing Cycle Element was adopted in May 2017, and is in compliance with HCD.

Multijurisdictional Housing Element (MJHE)
The primary objective of the MJHE is, through a regional effort, to prepare individual plans for each jurisdiction with both regional and local components, addressing housing needs to be certified by the state. Due to timeline constraints, it is anticipated that any required rezone would be included as a program in the participating jurisdiction’s housing element to be completed after adoption. The sixth cycle housing elements will cover the planning period of January 31, 2024, through January 31, 2032 and must be adopted and submitted to HCD for certification by February 18, 2024.

As the recipient and administrator of the REAP 1.0 funds being used to help offset the cost of the MJHE, MCAG is offering to act as the fiscal agent and contract administrator for MJHE. Several MPOs in the San Joaquin Valley are serving in similar capacities on

Agenda Report - Page 3

behalf of their agencies who have decided to pursue a MJHE this cycle. MCAG coordinated with jurisdictional staff to develop a request for proposals for a consultant to develop the sixth cycle MJHE. Following final review from the REAP Work Group at its September 1, 2022, meeting, MCAG released the RFP on September 2. Proposals are due September 30 and a consultant selection committee comprised of representatives from each participating jurisdiction will evaluate proposers and recommend a preferred consultant to the Governing Board at its December 15, 2022 meeting. Tasks included in the preliminary scope of work are listed below.

PRELIMINARY SCOPE OF WORK
 TASK 1. PROJECT MANAGEMENT
o Project Management
o Working Group
 TASK 2. DATA GATHERING AND ASSESSMENT
 TASK 3. COMMUNITY ENGAGEMENT
 TASK 4. MULTI-JURISDICTIONAL HOUSING ELEMENT PREPARATION o Countywide Housing Element Components
o Jurisdiction-Specific Housing Element Components
 TASK 5: DRAFT HOUSING ELEMENTS AND REVIEW
 TASK 6: ENVIRONMENTAL COMPLIANCE
 TASK 7: FINAL DOCUMENTS AND ADOPTION
A kickoff meeting with the consultant and participating jurisdictions will be scheduled for January 2023. While the statutory deadline for the Merced region sixth cycle housing element updates is February 18, 2024, there is a 120-day grace period. It’s anticipated that all work will be completed by June 18, 2024
II. FISCAL IMPACTS:

Jurisdictions will be responsible for a portion of their share of the MJHE. MCAG has coordinated with local jurisdictions to develop a draft cost sharing agreement for the remaining $555,000, which is included as Attachment B. The cost sharing agreement will be updated with the final costs once a consultant is selected at the end of October, and the associated cost will be equally divided amongst all of the participating jurisidictions. It is estimated that the City's share will be approximately $70,000.

There is sufficient funding in the General Plan Update Fund account no. 1041-4010- 3030 to pay the city's portion of their share.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goal numbers one (1), three (3), and six (6) of the City’s

Agenda Report - Page 4

2020-2025 Strategic Plan to ensure the City's continued financial stability, promote transparency through communication, and improve quality of life.

V. ALTERNATIVES:

Atwater may choose not to participate in the multijurisdictional housing element process and hire their own consultant. It’s anticipated that the cost would be significantly higher to prepare an individual housing element update.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

If City Council directs staff to move forward with participating in the multijurisdictional housing element, staff will continue to coordinate with MCAG and bring a resolution to participate and the final cost sharing agreement to City Council for approval in November 2022. The deadline to provide MCAG the signed resolution is December 1, 2022, and the monetary deposit to participate will be due December 30, 2022. MCAG staff will request the Governing Board to authorize the MCAG Executive Director to enter into an agreement with the preferred consultant at the December 15, 2022 meeting.

Submitted by:

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager

Agenda Report - Page 5

Attachments:

1. MCAG MJHE_Info Sheet_09-15-22

2. MJHE Draft Costing Sharing Agreement_09-15-22

3. Resolution No. 3352-22 Approves Participation in the Merced County Multijurisdictional Housing Element and Cost Sharing Agreement

9.15.22 Merced County Sixth Cycle
Multi-Jurisdictional Housing Element
California housing element law requires every jurisdiction to prepare and adopt a housing element as part of their required general plans. Historically each jurisdiction has prepared its own separate general plan and housing element. However, with the onset of the new Affirmatively Furthering Fair Housing requirements for the sixth cycle housing elements, some jurisdictions in other regions are deciding to pursue a multi-jurisdictional housing element to address the added complexity and cost. This is a unique but increasingly popular approach to ensuring all local jurisdictions within the county are compliant with housing element law. Timely compliance is important as many grants and funding opportunities require a current housing element.

Challenges of 6th Cycle Housing Elements
• New legislation has increased the level of analysis and community engagement, added new requirements for suitable sites inventory, and robust requirements related to fair housing • The complexity of the new requirements equate to a substantial commitment in cost and staff time • The added components require more time – we need to start ASAP (due Feb 2024, and this typically takes 18-24 months to prepare)
• The housing element update will trigger other required general plan updates: safety element (SB 379) and environmental justice element (SB 1000)
Opportunities with a Multi-jurisdictional Effort
• Economies of scale: the required background report, standardized policies and programs, CEQA compliance, and a combined community engagement effort will save jurisdictions time and money • Compliance with housing element law for jurisdictions that may not have the staff or funding to pursue an individual housing element
• A cohesive approach to addressing new requirements and coordination with HCD, the state agency in charge of certifying the housing element
• Requires only one consultant procurement at a time when housing consultants are in high demand Target Timeline for Next Steps
Sept. 2, 2022 Dec. 1, 2022 January 2023 February 2024
MCAG released
RFP for consultant
(Due Sept. 30)
Deadline for jurisdictions to
adopt resolution confirming
participation.

Dec. 15: Consultant contract to
MCAG Gov. Board for approval
Dec. 30:Deposit to MCAG due
Project Kick-Off MJHE must be
adopted by each
jurisdiction and
certified by HCD
(120-day grace period)
Additional Details
• The total consultant contract is unknown until proposals are received but is estimated at $1 million.

This cost can be offset with REAP 1 funds but will otherwise be the responsibility of the jurisdictions. • The jurisdictions will work with MCAG to develop a cost sharing arrangement. • MCAG will serve as fiscal agent and contract manager.

Questions? Please contact either Stacie Guzman, Executive Director, at [email protected] or Meg Prince, Senior Planner, at [email protected]

9.15.22 HOUSING ELEMENT COMPLIANCE MAKES YOU ELIGIBLE FOR MORE FUNDING! Various state grant and loan programs require an HCD-certified housing element. Examples of active state funding sources that require housing element compliance for eligibility include:
• Permanent Local Housing Allocation (PLHA)
• Affordable Housing and Sustainable
Communities (AHSC)
• SB 1 Planning Grants
• CalHOME Program
• Infill Infrastructure Grants (IIG)
• Prohousing Designation Program
• Local Housing Trust Fund Program (LHTF)

THERE ARE CONSEQUENCES FOR NOT HAVING AN UPDATED HOUSING ELEMENT In April 2021, California’s Housing and Community Development (HCD) department issued guidance to cities and counties about the consequences of falling short in adopting or otherwise complying with previously adopted housing elements. There are serious penalties for not complying.

HCD is authorized to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law. Examples of penalties and consequences of housing element noncompliance:

Law Suits and Attorney Fees
Local governments with noncompliant housing elements are vulnerable to litigation from housing rights’ organizations, developers, and HCD. If a jurisdiction faces a court action stemming from its lack of compliance and either loses or settles the case, it often must pay substantial attorney fees to the plaintiff’s attorneys in addition to the fees paid by its own attorneys. Potential consequences of lawsuits include mandatory compliance within 120 days, suspension of local control on building matters, and court approval of housing developments.

Loss of Permitting Authority
Courts have authority to take local government residential and nonresidential permit authority to bring the jurisdiction’s General Plan and housing element into substantial compliance with State law. The court may suspend the locality’s authority to issue building permits or grant zoning changes, variances, or subdivision map approvals – giving local governments a strong incentive to bring its housing element into compliance.

Financial Penalties
Court-issued judgements directing the jurisdictions to bring its housing element in substantial compliance with state housing element law. If a jurisdiction’s housing element continues to be found out of compliance, courts can multiply financial penalties by a factor of six.

Court Receivership
Courts may appoint an agent with all powers necessary to remedy identified housing element deficiencies and bring the jurisdiction’s housing element into substantial compliance with housing element law.

Source: California Department of Housing and Community Development (April 2021). Housing Element Noncompliance Consequences. https://hcdcagov.app.box.com/s/kaz1lly4bfxhsr3ty2lvaz6l5s8k0i54

Base Cost *** Pro Rata Cost
City of Dos Palos $38,000 $5,080 $5,000 $48,080 $9,616
City of Gustine $38,000 $5,080 $5,000 $48,080 $9,616
City of Livingston $38,000 $12,954 $5,000 $55,954 $11,191 City of Atwater $38,000 $28,194 $5,000 $71,194 $14,239
City of Los Banos $38,000 $40,894 $5,000 $83,894 $16,779 City of Merced $38,000 $79,629 $5,000 $122,629 $24,526
County of Merced $38,000 $82,169 $5,000 $125,169 $25,034 Total $266,000 $254,000 $35,000 $555,000 $111,000
*****Total local contribution is an estimated not to exceed amount based on the maximum contract amount included in the RFP of $1,000,000. Exact costs will be recalculated based on the final contract amount at the end of October.

Consultant Cost Per Jurisdiction***
$1,000,000 $480,000
DRAFT Sixth Cycle Multijurisdictional Housing Element Cost Sharing Agreement BASE COST + PRO RATA COST
Consultant
Contract*
REAP 1
Contribution**
MCAG
Admin ****

TOTAL JURISDICTION
CONTRIBUTION***** Cash Flow
Jurisdiction 20% Deposit
*Contract amount is estimated to be $1,000,000. Exact costs will be recalculated based on the final contract amount at the end of October. **The contribution from REAP 1 is anticipated to be $480,000 but may increase slightly based on remaining balances from other REAP 1 efforts still underway. ***The consultant cost per jurisdictions for the estimated $1,000,000 contract will be $520,000 (after the $480,000 REAP contribution and before adding MCAG admin). The $520,000 local contribution is split approximately 50/50 between a base cost (column D) and pro rata cost (column E) for each jurisdiction. ****MCAG admin is distributed evenly amongst jurisdictions as the staff time to administer will be relatively even across all jurisdictions.

September 15, 2022

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3352-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AUTHORIZING THE

PARTICIPATION IN THE MERCED COUNTY

MULTIJURIDICTIONAL HOUSING ELEMENT AND

COST SHARING AGREEMENT
WHEREAS, Government Code Section 65588 requires local agencies to review and revise the housing elements to their comprehensive general plan in compliance with Section 65580 through 65589, Chapter 1143, Article 10.6, and WHEREAS, the Merced County Association of Governments (MCAG) is a Joint Powers agency created by the six incorporated cities in Merced County and the County of Merced, pursuant to Government Code Sections 6500 et. Seq., and WHEREAS, the local government agencies in Merced County have requested MCAG to hire a consultant to perform a coordinated update to the housing element of each local agency’s General Plan at no cost to MCAG, and WHEREAS, MCAG engaged the Regional Early Action Planning (REAP) Work Group consisting of the local member agencies to review the Request for Proposal, evaluate bids, select a consultant, develop a cost sharing arrangement and make a recommendation to the MCAG board to hire the consultant, and WHEREAS, the cost sharing arrangement includes the cost of the consultant and $35,000 to cover MCAG administration, and
WHEREAS, each participating member agency agrees to provide MCAG a deposit by December 30, 2022, in the amount specified in the cost sharing agreement to assist with cash flow, and
WHEREAS, each participating member agency agrees to reimburse MCAG for the cost of the Merced County Multijurisdictional Housing Element in accordance with the cost sharing arrangement attached herein, and

Resolution No. 3352-22 Page 2
WHEREAS, time is of the essence and each participating member agency agrees to facilitate the flow of information to the consultant to provide a timely report, and NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the Merced County Multijurisdictional Housing Element Cost Sharing Agreement and agrees to participate in the study and reimburse MCAG for actual cost incurred.

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

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: October 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Approving and authorizing Purchase and Sale Agreement for real property and approving the expenditure of any closing costs and related expenses (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3353-22 approving and authorizing the purchase of real property located at 1039 and 1089 Atwater Boulevard, Atwater, CA 95301, more particularly described as Assessors Parcel Nos. 002-219-010 and 002-219-011, from Kiranjeet Dhami in the amount of Four Hundred Thousand Dollars ($400,000), and approves the expenditure of any additional and related closing costs expenses; and authorizes and directs the City Manager to execute a Purchase and Sale Agreement, in a form approved by the City Attorney, and all documents related to the purchase of the property on behalf of the City.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The City of Atwater, as of 2019 rezoned the Downtown Business District to provide consistency with the General Plan. As part of the process, an evaluation was performed and updated regarding parking in the downtown sector. It was determined the area was underserved by approximately 1/3 of its parking needs. The proposed acquisition consists of a full acquisition of the property for the City to construct a new parking lot to address the parking needs of the City’s downtown area that are currently underserved.

The property has very good access with frontage to Atwater Boulevard, First Street and Second Street. The property is rectangular in shape.

ANALYSIS:

The two adjoining parcels of land are approximately 0.51 acres. The property is zoned Downtown Business District (DB-D) and it is currently unimproved and vacant. There are no site improvements within the acquisition area. Given that the property is vacant, the impacts due to construction in the manner proposed are minimal and not anticipated to negatively impact the remainder of the downtown area.

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

Agenda Report - Page 2

The objectives of the proposed Project are to; 1) improve traffic operations by providing additional parking capacity to meet current and future demands, as the current traffic volumes are at, or exceed, the parking capacity of the downtown area 2) improve connectivity in the Downtown area and promote Pedestrian traffic and Public Transportation, and 3) as the subject property was a former fueling station, the City’s ownership of the property would insure against future contamination and safeguard the City’s water supply
II. FISCAL IMPACTS:

Sufficient funding is available in the General Capital Fund, account no. 0003-1080-v003 and in the RSTP Fund, account no 1017-1080-v003 to be utilized towards the acquisition of property for the project.

This item has been reviewed by the Finance Director for fiscal impact.

III. LEGAL REVIEW:

The City Attorney has reviewed this item.

IV. EXISTING POLICY:

This item is consistent with goal numbers one (1) and two (2) of the City's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.

V. ALTERNATIVES:

Alternative locations are limited however one additional site has been identified and the City has elected to pursue that site under a separate efforts.

VI. INTERDEPARTMENTAL COORDINATION:

This 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 City finds that the proposed action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15004(b)(2)(a), as the City is proposing to enter into a land acquisition agreement which would require CEQA review, prior to any future use of the land and, alternatively, is exempt from CEQA review pursuant to CEQA section 15061(b)(3), where it can be seen with certainty that there is no possibility that the purchase may have a significant effect on the environment.

Agenda Report - Page 3

IX. STEPS FOLLOWING APPROVAL:

Upon approval of City Council the City Manager shall coordinate execution of all relevant documents.

Submitted by:

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution 3353-22 Approve Real Property Purchase APN 002-219-010 and 002- 219-011

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3353-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING THE

PURCHASE OF THE FOLLOWING REAL
PROPERTY REMEDIATION PROJECT: APN 002-
219-010 AND 002-219-011, FROM KIRANJEET
DHAMI IN THE AMOUNT OF $400,000,

APPROVING THE EXPENDITURE OF AN
ADDITIONAL $10,000 FOR CLOSING COSTS AND

RELATED EXPENSES, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE RELATED

DOCUMENTS
WHEREAS, On July 25, 2022, the City identified the ACE Train Project under Regional Surface Transportation Program (RSTP) Exchange Funds Claim for FY 21/22, and
WHEREAS, the City has previously identified multiple sites to increase underserved parking in the Downtown Business District, and
WHEREAS, the City has been negotiating with property owner to purchase the property necessary for the parking need, and
WHEREAS, the City desires to purchase approximately 0.51 acres of that real property located along Atwater Boulevard, also known as Merced County APN 002-219- 010 and APN 002-219-011, from Kiranjeet Dhami for $400,000, and WHEREAS, this property is zoned DB-D and the City previously commissioned an appraisal valuing property as worth approximately $260,000 Fair Market Value. However, property values have risen significantly in the time since the appraisal was done, and there is significant value to the City to not have to go through the litigation process, and WHEREAS, the City has reached a final agreement with the owner of the property, and

Resolution No. 3353-22 Page 2
WHEREAS, this purchase shall not be construed as a commitment by the City to take any action prior to compliance with the California Environmental Quality Act (“CEQA”) as to any development of the property. As such the approval of the purchase does not preclude the City’s future consideration of any alternatives or mitigation measures that CEQA would otherwise require to be considered, including the alternative of not going forward with the development of the property, and WHEREAS, the City Council also desires to authorize the expenditures of $10,000 to cover escrow fees, closing costs and other related expenses, and WHEREAS, the total cost of purchasing this property is $410,000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby resolve, order, and determine as follows:

1. The above recitals are true and correct and are incorporated herein by reference.

2. The City Council hereby authorizes the City to purchase the following property to supplement the downtown parking needs.
a. Approximately 0.51 acres of that real property located along Atwater Boulevard, also known as Merced County APN 002-219-010 and APN 002- 219-011 for $400,000.

3. The City Council authorizes the expenditure of up to $10,000 to cover escrow fees, closing costs and other expenses related to the purchase of the property described herein.

4. The total cost of purchasing the property described herein is $410,000, which shall be paid from the General Capital Fund and the RSTP fund.

5. The City Manager is authorized and directed to execute purchase and sale agreement and such other documents necessary to effectuate the transaction contemplated by this Resolution, in such forms as are approved by the City Attorney.

6. The City Manager is authorized and directed to perform such actions as are necessary to carry out the purpose and intent of this resolution.

7. The proposed action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15004(b)(2)(a), as the City is proposing to enter into a land acquisition agreement which would require CEQA review, prior to any future use of the land and, alternatively, is exempt from CEQA review pursuant to CEQA section 15061(b)(3), where it can be seen with certainty that there is no possibility that the purchase may have a significant effect on the environment.

8. This Resolution shall take effect immediately upon adoption.

Resolution No. 3353-22 Page 3
The foregoing resolution is hereby adopted the 24th day of October 2022.

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1051

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER AMENDING TITLE 17.43
“DOWNTOWN BUSINESS DISTRICT” OF THE

ATWATER MUNICIPAL CODE TO ALLOW

MOBILE FOOD VENDORS AS A CONDITIONAL
USE
WHEREAS, the City of Atwater adopted Ordinance CS 1026 on January 13, 2002 adding Mobile Food Vendors to Chapter 17.06 “Definitions” and allowing as a conditional within the Light Industrial (M-1), Industrial (M-2), and Business Park (B-P) Zones; and, WHEREAS, the City has received multiple requests from the public to allow mobile food vendors within the Downtown Business District; and,
WHEREAS, in accordance with established goals and objectives regarding economic development in the General Plan, the City, through its powers to govern land use can amend, revise, repeal, or place sections of the Zoning Chapter within the City’s Municipal Code; and,
WHEREAS, the City of Atwater seeks to amend the municipal code to allow for mobile food vendors with a conditional use permit in the Downtown Business District; and, WHEREAS, the City Council finds that the action would not have a detrimental affect on the public health, safety, and welfare of the neighborhood nor have any adverse effects on the community.

NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

Section 1: The City Council of the City of Atwater does hereby amend 17.43.030 of the Atwater Municipal Code to add the underlined text and to read in full as follows:17.43.030 Uses requiring a conditional use permit.

Ordinance No. CS 1051 Page 2
A. Theaters;
B. Hotels and motels;
C. Sidewalk cafes and other uses not totally contained within an enclosed building; D. Cocktail lounges, bars, restaurants, and other businesses that would require an alcohol license will require a Conditional Use Permit;
E. Dwelling units above the ground floor that contain other commercial uses at the street level;
F. Existing residential dwellings may be reconstructed, repaired or enlarged; G. Any other uses that the Planning Commission finds to be consistent with the purpose of this district, and which will not impair the present and potential use of nearby properties.

H. Automotive repair facilities located east of First Street.

I. Gas stations located east of First Street.

J. Brewers and distilleries.

K. Mobile Food Vendors as defined in Section 17.06.536
Section 2: EFFECTIVE DATE. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

Section 3: 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 4: CEQA. Approval of the amendments in this Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (“CEQA”) Guidelines section 15311, Class 11, “Accessory Structures”. This exemption states, “class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities.” 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.

Ordinance No. CS 1051 Page 3
SECTION 5: PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Atwater, pursuant to all legal requirements.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL
OF THE

CITY OF ATWATER
ORDINANCE NO. CS 1026

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ATWATER MAKING THE ENVIRONMENTAL FINDING
AND AMENDING TITLE 17 "ZONING," CHAPTER 17.06
"DEFINITIONS," AND CHAPTERS 17.40 AND 17.42
UNDER SECTIONS 17.40.030 AND 17.42.030,
"CONDITIONAL USES," OF THE ATWATER MUNICIPAL

CODE TO ALLOW MOBILE FOOD VENDORS UNDER
CONDITIONAL USE PERMIT WITHIN THE (M-1) LIGHT
INDUSTRIAL, (M-2) INDUSTRIAL AND (B-P) BUSINESS

PARK ZONES
WHEREAS, the City has received multiple requests from the public and interested parties to establish policies regarding Mobile Food Vendors; and WHEREAS, in accordance with established goals and objectives regarding economic development in the General Plan, the City through its powers to govern land use can amend, revise, repeal, or place sections of the Zoning Chapter within the City's municipal code; and
WHEREAS, the City of Atwater seeks to amend their municipal code to promote new business opportunities within its jurisdiction and adopt new definitions and standards for those intended uses; and
WHEREAS, the City Council finds it is in the interest of public health, safety, and welfare to include and define those uses in the municipal code.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATWATER AS FOLLOWS:

SECTION I: Chapter 17.06 "DEFINITIONS," is hereby amended to add the underlined text and to read in full as follows:

CHAPTER 17.06 - DEFINITIONS

Ordinance No. CS 1026 Page 2

17.06.010 -Abut.

17.06.015 -Accessory building.

17.06.016 - Accessory buildings, exempt.

17.06.020 - Accessory living quarters or guest house.

17.06.025 - Accessory use.

17.06.030 -Alcoholic beverages.

17.06.035 - Alley.

17.06.040 - Amusement arcade.

17.06.045 -Amusement or recreation, commercial places of.

17.06.047 -Antenna array.

17.06.050 - Apartment.

17.06.055 - Apartment, efficiency.

17.06.060 - Apartment, studio.

17.06.065 - Architectural control.

17.06.067 - Attached wireless communication facility. (Attached WCF).

17.06.070 - Auction.

17.06.075 - Automobile and trailer sales lot.

17.06.080 - Automobile service station.

17.06.085 - Automobile wrecking yard.

17.06.090 - Awning.

17.06.095 - Balcony.

17.06.100 - Basement.

17.06.105 - Block.

17.06.110 - Boarding or rooming house.

17.06.115 - Boat Trailer.

17.06.120- Building.

17.06.125 - Building, area of.

17.06.130 - Building, height of.

17.06.135 - Building, main.

Ordinance No. CS 1026 Page 3

17.06.140- Building setback line.

17.06.145 - Building site.

17.06.150 - Temporary.

17.06.155 - Bus.

17.06.160 - Business or commerce.

17.06.165 - Camper.

17. 06.170 - Church.

17.06.172 - Collocation/site sharing.

17.06.174 - Community care facility.

17.06.175 - Condominium.

17.06.180 - Condominium conversions.

17.06.185 - Court.

17.06.187 - Crop cultivation.

17.06.190 - District.

17.06.195 - Dump.

17.06.200 - Duplex.

17.06.205 - Dwelling.

17.06.210 - Dwelling, group.

17.06.215 - Dwelling, multiple family.

17.06.220 - Dwelling, one-family.

17.06.225 - Dwelling, two-family.

17.06.230 - Dwelling unit.

17.06.235 - Employee.

17.06.237 - Equipment facility.

17.06.240 - Family.

17.06.245 - Fence.

17.06.250 - Fence, wall.

17.06.255 - Fence, solid.

17.06.258 - Fifth-wheel travel trailer.

Ordinance No. CS 1026 Page4

17.06.260 - Floor area.

17.06.265 - Frontage.

17.06.270 - Garage, public.

17.06.275 - Garage sale.

17.06.280 - Grade.

17.06.285 - Guest.

17.06.290 - Guest room.

17.06.295 - Hedge.

17.06.297 - Height. Wireless communication facility (WCF).

17.06.300 - Home occupations.

17.06.305 - Industry, industrial operation.

17.06.310 - Junk.

17.06.315 - Junk yard.

17.06.320 - Kennel.

17.06.325 - Kitchen.

17.06.330 - Landscaping.

17.06.335 - Landscape plan.

17.06.340 - Loading.

17.06.345 - Loading space.

17.06.350 - Lot.

17.06.355 - Lot area.

17.06.360 - Lot corner.

17.06.365 - Lot coverage.

17.06.370 - Lot depth.

17.06.375 - Lot, key.

17.06.380 - Lot line.

17.06.385 - Lot line, front.

17.06.390 - Lot line, rear.

17.06.395 - Lot line, side.

Ordinance No. CS 1026 Page 5

17.06.400 - Lot, non-conforming.

17.06.405 - Lot, reversed corner.

17.06.410 - Lot, through.
1 7. 06 .415 - Lot width.

17.06.417 - Massage Therapy.

17.06.420 - Medical office.

17.06.425 - Mobile living unit.

17.06.430 - Motel.

17. 06.433 - Motor truck.

17.06.435 - Non-conforming building.

17.06.440 - Non-conforming use.

17.06.445 - Nuisance.

17.06.450 - Nursery school.

17.06.455 - Parapet.

17. 06.460 - Parking area, private.

17.06.475 - Patio.

17.06.476 - Patio cover.

17.06.480 - Patio house.

17.06.485 - Person.

17.06.490 - Porch.

17. 06.495 - Professional office.

17.06.500 - Rentable floor area.

17.06.505 - Residence.

17.06.510 - Restaurant.

17.06.515 - Restaurant, fast food.

17.06.520 - Rest home or convalescent home.

17.06.525 - Room.

17.06.530 - School, elementary, junior high, and high.

17.06.535 - Seating facilities.

Ordinance No. CS 1026 Page 6

17.06.536 - Mobile Food Vendor. Mobile Food Vendor (Food Trucks/Motorized Carts) shall mean any vehicle, motorized cart, or trailer that is designed to be mobile and not permanently attached to the ground from which food is peddled or sold for sale.

17.06.538 - Semi trailer.

17.06.540 - Senior citizen housing.

17.06.545 - Setback.

17.06.547 - Setback-Wireless communication facility (WCF).

17.06.550 - Sign.

17.06.555 - Site plan control.

17.06.560 - Spot zoning.

17.06.565 - Story.

17.06.570 - Street.

17.06.575 - Street, centerline.

17.06.580 - Street, collector.

17.06.585 - Street, major.

17.06.595 - Strip commercial.

17.06.600 - Structural alteration.

17.06.605 - Structure.

17.06.610 - Structure, temporary.

17.06.612 - Support structure.

17.06.613- Supportive Housing.

17.06.615 - Trailer.

17.06.620 - Trailer park, mobile home park or trailer court.

17.06.625 - Trailer, travel.

17.06.627- Transitional Housing.

17.06.630 - Truck, pickup.

17.06.635 - Truck, tractor.

17.06.640 - Use.

17.06.645 - Vehicles.

17.06.647 - Wireless communication.

Ordinance No. CS 1026 Page 7

17.06.648 - Wireless communication facility (WCF).

17.06.650 - Yard.

17.06.655 - Yard, front.

17.06.660 - Yard, rear.

17.06.665 - Yard, side.

17.06.670 - Zero lot line.

SECTION II: Under Sections: 17.40.030 and 17.42.030, "Conditional uses," is hereby amended to add the underlined text and to read in full as follows:

17.40.030 - Conditional uses.

Subject to conditional use permit:

A Public utility buildings and substations.

B. Accessory uses to a permitted use such as cafeteria, restaurant, employees' auditorium, medical center, living quarters for night watchman or guard, when located on the same lot as the permitted use, and when located entirely within an enclosed building.

C. Machine and welding shops, carpenters, manufacturers of furniture and similar items, and other uses which in the Planning Commission opinion are not obnoxious, do not create noise, odors, smoke, bright lights or excessive vibrations, and are similar in character to those listed in this chapter.

D. Contractors and lumber yards, but only when conducted within a building, or when enclosed by a solid fence of seven feet minimum height, provided that no material may be stacked higher than the height of the fence.

E. Retail sales of products manufactured on the site and/or accessory to principal use; occasional auctions.

F. Assembly, processing, and packaging plants provided any resulting nuisance shall be effectively confined to the buildings.

G. Communication facilities.

H. A cannabis business, as defined and allowable in Title 5 of the Atwater Municipal Code.

I. Other uses as determined by the Planning Commission to be of the same general character as other conditional uses in this district. .J:. A Mobile Food Vendor as defined in Section 17.06.536.

Ordinance No. CS 1026 Page 8

17.42.030 - Conditional uses.

A Subject to Conditional Use Perm it:

1. A cannabis business, as defined and allowable in Title 5 of the Atwater Municipal Code.

2. Other uses at the discretion of the Planning Commission may be allowed through the issuance of a Conditional Use Permit, unless otherwise prohibited by law, and those uses which, in the opinion of the Planning Commission, are objectionable by reason of the production of noise, offensive odors, smoke, bright light, vibration or involving the handling of explosive or dangerous materials.

J. A Mobile Food Vendor as defined in Section 17.06.536.

B. Residential and commercial uses are specifically excluded from this zone by provisions of Article 6 of this chapter.

C. None of the following uses, or uses similar to the general character of the following, shall be established within the M-2 district:

1. Drilling for and/or removal of oil, gas, or other hydrocarbon substances.

2. Commercial excavation of building or construction materials.

3. Dumping disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse.

4. Distillation of bones.

5. Fat rendering.

6. Manufacture or storage of acid, cement, explosives or fireworks, fertilizer, gas, glue, gypsum, lime or plaster of Paris.

7. Stock yards or slaughter of animals.

8. Refining of petroleum or its products.

9. Smelting of copper, iron, tin, zinc, or other ores.

10. Junk yards.

11. Hog raising.

SECTION Ill: If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

Ordinance No. CS 1026 Page 9
SECTION IV: This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

December 9, 2019
January 13, 2020
Vierra, Cale, Raymond, Ambriz, Creighton
None
None
ATTEST:

CITY COUNCIL

AGENDA REPORT

MEETING DATE: October 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Waiving the first reading and introducing an ordinance repealing and re-enacting Title 15 "Buildings and
Construction" of the Atwater Municipal Code, and setting a public hearing date (Community Development Director
Thompson)

RECOMMENDED COUNCIL ACTION
Motion to waive the first reading and introduce Ordinance No.CS 1053 repealing and reenacting Title 15 "Buildings and Construction" of the Atwater Municipal Code, and setting a public hearing date for adoption of Ordinance No CS 1053 on November 14, 2022; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The California Building Standards Commission suggests that all local jurisdictions should now be adopting any new local amendments to be applicable to the 2022 edition of the California Code of Regulations Title 24.

The purposed ordinance will continue to provide the minimum requirements and standards, as established by the California Building Standards Commission, for the protection of the public safety, health, property, and welfare of the City of Atwater.

All complete submittals for building permit received on or after the effective date of January 1, 2023, are subject to these requirements and standards.

ANALYSIS:

Ordinance No. CS 1053 would repeal and re-enact previous Ordinance No. CS 1019, Title 15 “Buildings and Construction” of the Atwater Municipal Code to adopt by reference the California Code of Regulations Title 24, 2022 Edition of the Building Standards Code (“2019 Building Standards Code”). The 2022 Building Standards Code includes the following parts:

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

Agenda Report - Page 2

Part 1 California Administrative Code
Part 2 California Building Code including Division II scope and administration Part 2.5 California Residential Code including Division II administration, appendix chapters AQ and AX
Part 3 California Electric Code
Part 4 California Mechanical Code
Part 5 California Plumbing Code
Part 6 California Energy Code
Part 8 California Historical Code
Part 9 California Fire Code including appendix chapters, C, D, and I Part 10 California Existing Building Code
Part 11 California Green Code
Part 12 California Referenced Standards Code
1997 Uniform Code for the Abatement of Dangerous Buildings II. FISCAL IMPACTS:

Code Adoption has no fiscal impact on the city and no finance department review is necessary.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

Staff coordinated with the Fire Department for their review and comments VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

State law authorizes local jurisdictions to adopt codes by reference (Cal. Gov’t Code sections 50022.2 et seq.). Government Code section 50022.3 requires that a public hearing on the proposed code adoptions be set after the first reading of the ordinances.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” as defined under Section 21065 of the Public Resources

Agenda Report - Page 3

Code in that it would not directly or foreseeably indirectly significantly impact the physical environment; therefore this item is not subject to analysis under the California Environmental Quality Act (CEQA). In addition, the City finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15307 (the activity is a regulatory action taken by the City pursuant to its police power for the maintenance and protection of a natural resource) and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations)
IX. STEPS FOLLOWING APPROVAL:

Staff will have the 2022 California Title 24 codes ready for the January 1, 2023, formal implementation.

The 2022 California Title 24 codes will be archived as prescribed by California Law.

Submitted by:

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Ordinance No. CS 1053 Repealing and Re-Enacting Title 15, Buildings and Construction

CITY COUNCIL
OF THE

CITY OF ATWATER
ORDINANCE NO. CS 1053

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER REPEALING AND REENACTING TITLE 15, “BUILDINGS AND CONSTRUCTION” OF THE ATWATER

MUNICIPAL CODE, WHICH ADOPTS BY
REFERENCE THE 2022 CALIFORNIA BUILDING
CODE BASED ON THE 2021 INTERNATIONAL
BUILDING CODE, THE 2022CALIFORNIA
RESIDENTIAL CODE BASED ON THE 2021

INTERNATIONAL RESIDENTIAL CODE, THE
2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE, THE 2022 CALIFORNIA
ELECTRICAL CODE BASED ON THE 2020
NATIONAL ELECTRICAL CODE, THE 2022

CALIFORNIA MECHANICAL CODE BASED ON
THE 2021 UNIFORM MECHANICAL CODE, AND
THE 2022 CALIFORNIA PLUMBING CODE
BASED ON THE 2021 UNIFORM PLUMBING
CODE, THE 2022 CALIFORNIA FIRE CODE
BASED ON THE 2021 INTERNATIONAL FIRE
CODE, THE 2022 CALIFORNIA
ADMINISTRATIVE CODE, AND THE 1997

UNIFORM CODE FOR THE ABATEMENT OF

DANGEROUS BUILDINGS, AND MAKES

AMENDMENTS PERTAINING THERETO
The City Council of the City of Atwater does hereby ordain as follows:

Ordinance No. CS 1053 Page 2
SECTION 1: That Title 15, “Buildings and Construction” of the Atwater Municipal Code is hereby repealed and re-enacted in its entirety to read as follows:

Title 15 Buildings and Construction

15.04 GENERAL PROVISION

15.08 CALIFORNIA BUILDING CODE

15.09 CALIFORNIA RESIDENTIAL CODE

15.10 CALIFORNIA GREEN CODE

15.12 CALIFORNIA ELECTRICAL CODE

15.16 CALIFORNIA MECHANICAL CODE

15.20 CALIFORNIA PLUMBING CODE

15.24 SIGNS

15.28 CALIFORNIA FIRE CODE

15.36 CALIFORNIA ADMINISTRATIVE CODE

15.38 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Chapter 15.08-CALIFORNIA BUILDING CODE
Sections:

15.08.010-Adoption

15.08.020-Permits

15.08.030-Building Permit Extensions

15.08.040-Building Permit Fee Refunds

15.08.050-Amendments

15.08.010-Adoption
The City of Atwater hereby adopts by reference; California Building Code, 2022 Edition, based on the 2015 2021 International Building Code including, Division II Scope and Administration, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulation; Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; California Energy Code, California Historical Code ; California Existing Building Code based on 2015 2021 International Existing Building Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations; California Referenced Standards Code.

15.08.020-Permits
No building or structure shall be used or occupied and no change in existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided in the 2016 2022 Edition of the California Building Code, Division II Section 111 It shall be

Ordinance No. CS 1053 Page 3
required to post the certificate of occupancy on the building or structure for which it was used.

15.08.030- Building permit extensions
Notwithstanding the provisions of Section 105.5 Expiration, as contained in Division II, scope and administration of the 2016 2022Edition of the California Building Code section 105.3.2 the City Council the building official may grant in writing more than one (1) extension to a building permit if it finds the delays due to economic conditions or other causes beyond the control of the applicant.

Any request for extension must be received prior to the expiration of the original period or any extension thereof.

If there has been a change in any City fees applicable to the project since the date of the original permit, the new fees shall be applicable to any extension.

15.08.040- Building permits fee refunds
As provided in Section 109.6 Refunds, of Division II Scope and Administration, of the 2016 2022 Edition of the California Building Code, The Building Official is authorized to establish a refund policy may refund eighty (80) percent of any building permit fee provided no work has been done and the request for refund is filed prior to the expiration of the original permit period or any extension thereof. Additionally, the City Council may refund up to one hundred (100) percent of all other related fees, e.g. connection charges, park fee, etc.

15.08.050- Amendments
None
Chapter -15.09 CALIFORNIA RESIDENTIAL CODE
Sections:

15.09.010-Adoption

15.09.020-Building permit extensions

15.09.010-Adoption
The City of Atwater adopts by reference; California Residential Code 2016 2022 Edition, based on the 2016 2021 International Residential Code, including Division II Scope and Administration, including Appendix G(swimming pools, Spas and Hot Tubs), excepting there from Section R110; among Appendices, Appendix Chapter E

Ordinance No. CS 1053 Page 4
(Manufactured Housing Used as Dwellings; Appendix Chapter G (Swimming Pools, Spas and Hot Tubs); Appendix Chapter H (Patio Covers); and Appendix Chapter J (Existing Buildings and Structures),Appendix AQ (Tiny Houses);Appendix AX (Swimming Pool Safety Act) as published by the International Code Council.

15.09.020-Building permit extensions
The following sections are amended as follows:

Notwithstanding the provisions of Section R105.5 Expiration, as contained in Division II, scope and administration of the 2016 2022 Edition of the California Residential Code the building official City Council may grant more than one (1) extension to a building permit if it finds the delays due to economic conditions or other causes beyond the control of the applicant.

Any request for extension must be received prior to the expiration of the original period or any extension thereof.

If there has been a change in any City fees applicable to the project since the date of the original permit, the new fees shall be applicable to any extension.

As provided in Section R108.5 Refunds, of Division II Scope and Administration, of the 2016 2022 Edition of the California Residential Code, The Building Official is authorized to establish a refund policy may refund eighty (80) percent of any building permit fee provided no work has been done and the request for refund is filed prior to the expiration of the original permit period or any extension thereof. Additionally, the City Council may refund up to one hundred (one hundred) percent of all other related fees, e.g. connection charges, park fee, etc.

Chapter-15.10 CALIFORNIA GREEN CODE
Sections:

15.10.010-Adoption

15.10.020-Amendments

15.10.010-Adoption
The City of Atwater adopts by reference; California Green Building Standards Code, 2016 2022 Edition, as published by the California Building Standards Commission.

15.10.020-Amendments
None.

Chapter 15.12-CALIFORNIA ELECTRICAL CODE

Ordinance No. CS 1053 Page 5
Sections:

15.12.010-Adoption

15.12.020-Amendments

15.12.010-Adoption
The City of Atwater adopts by reference as part of its electrical code, California Electric Code, 2016 2022Edition including the appendices, based on the 2014 2020 Edition National Electric Code as published by the National Fire Protection Association, and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulation.

15.12.020-Admendments
None.

Chapter 15.16-CALIFORNIA MECHANICAL CODE
Sections:

15.16.010-Adoption

15.16.020-Amendments

15.16.010-Adoption
The City of Atwater adopts by reference its mechanical code, California Mechanical Code, 2016 2022 Edition, including the appendices, based on the 2015 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and as adopted by the California Building Standards Commission in title 24 of the California Code of Regulation.

15.16.020-Amendments
None
Chapter 15.20-CALIFORNIA PLUMBING CODE
Sections:

15.20.010-Adoption

15.20.020-Swimming pools and spas

15.20.030-Sprinkler Irrigation Systems

Ordinance No. CS 1053 Page 6

15.20.010-Adoption
The City of Atwater adopts by reference as its plumbing code, the California Plumbing Code, 2015 2022 Edition and the appendix based on the 2015 2021 Uniform Plumbing Code as published by International Association of Plumbing and Mechanical Officials (IAPMO) and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.

15.20.020- Swimming pools and spas

15.20.030- Sprinkler Irrigation Systems
Chapter 15.22-UNIFORM SWIMMING POOL, SPA & HOT TUB CODE Sections:

15.22.010-Adoption

15.22.010-Adoption
The City of Atwater adopts by reference as its swimming pool, spa and hot tub code, the Uniform Swimming Pool, Spa & Hot Tub Code 2006 2009 Edition as published by the International Association of Plumbing and Mechanical Officials (IAPMO).

Chapter 15.24-SIGNS
Section:

15.24.010-Adoption

15.24.010-Adoption
The City of Atwater adopts by reference as its sign code Appendix Chapter H (SIGNS) under the latest Edition of the California Building Code, as shown under Chapter 15.08 of the Atwater Municipal Code.

Chapter 15.28-CALIFORNIA FIRE CODE
Sections:

15.28.010-Adoption

15.28.010-Adoption
The City of Atwater adopts by reference as its fire code, the California Fire Code, 2016 2022 Edition and including Appendix Chapter C (Fire Hydrant Locations and Distribution);); Appendix D (Fire Apparatus Access Roads);; I (Fire Protection

Ordinance No. CS 1053 Page 7
System-Noncompliance Conditions); and Appendix J ( Emergency Responder Radio Coverage), based on the 2015 2021 International Fire Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission in the California Building Standards Code Title 24 of the California Code of Regulations.

Chapter 15.36-CALIFORNIA ADMINISTRATIVE CODE
Sections:

15.36.010-Adoption

15.36.020-Amendments

15.36.030-Fees

15.36.010-Adoption
The City of Atwater hereby adopts by reference the California Administrative Code, 2016 2022 Edition as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.

15.36.20-Amendments
None

15.36.030-Fees
Chapter 15.38-UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS

BUILDINGS
Sections:

15.38.010-Adoption

15.38.020-Amendments

15.38.010-Adoption
The City of Atwater herby adopts by reference the Uniform Code for the Abatement of Dangerous Buildings 1997 Edition.

15.38.020-Amendments
None
SECTION 2: Effective Date and Publication.

Ordinance No. CS 1053 Page 8
This Ordinance shall take effect and be in force January 1, 2023. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the Atwater Signal within fifteen (15) days from adoption hereof.

Section 3. 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 hereby 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.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
______________________________

PAUL CREIGHTON, MAYOR
ATTEST:
____________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: October 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Authorizing Submittal of Grant Application to California Department of Housing and Community Development for
Permanent Local Housing Allocation Funds , and adoption of the 5-Year PLHA Plan; and approving Budget Amendment
establishing a revenue and expense account for the PLHA Grant Funds (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Open the public hearing and take any testimony given;
Close the public hearing;
Motion to adopt Resolution No. 3349-22 authorizing the submittal of an application to the California Department of Housing and Community Development for Permanent Local Housing Allocation Funds; and authorizes the City Manager to execute any and all documents; and Adopt Resolution No. 3350-22 approving Budget Amendment No. 05 amending FY 2022-23 Budget to establish a revenue and expense account for Permanent Local Housing Allocation (PLHA) funds; and authorize and direct the City Manager to enter into a Subrecipient Agreement with Self-Help Enterprises for the administration and implementation of the Permanent Local Housing Allocation Grant funds for the term of the Five-Year Plan.

Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the State’s housing shortage and high housing costs. As part of the package, the Building Homes and Jobs Act (SB2) established a $75 recording fee on real estate documents, which would be directed toward increasing the supply of affordable homes in California.

The intent of the bill is to provide a permanent, on-going source of funding to local governments for housing-related projects and programs that assist in addressing the

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

Agenda Report - Page 2

unmet housing needs of local communities.

HCD made available a portion of the initial SB2 funds as one-time planning grants, and the City was awarded $160,000 in 2020 for planning implementation and preparation of the General Plan update. The remaining and future funds will allocate 70 percent of the recording fee revenues to
the ongoing PLHA grant program and 30 percent for other state-administered programs.

PLHA is an ongoing formula grant that provides non-competitive funding to entitlement and non-entitlement cities, as well as competitive grant funding to non-entitlement cities.

In August 2022, HCD released a PLHA Notice of Funding Availability, with applications due no later than October 31, 2022.

The amount of PLHA funds allocated to each entitlement and non-entitlement jurisdiction is directly proportionate to each jurisdiction’s share of the total 2017 CDBG allocation in California. The State estimates the City will receive approximately $949,257 over the program’s first five years. Atwater will receive an allocation of $158,209 in the first year, $247,535 in the second, and $269,804 in the third. Future allocations may fluctuate from year to year depending on recording fees from the number of real estate transactions.

To meet all requirements of the Grant and to maximize public benefit and need, the City should secure a contract for the administration of the activities identified should they be awarded, which can be accomplished by putting out a Request for Proposals (RFP) or entering into a Subrecipient Agreement with a non-profit service provider. The RFP process is a lengthy process taking a minimum of 45 days to complete, and due to the limited number of service providers often only results in one proposal. A subrecipient Agreement can be entered into directly with a non-profit service provider, without the time and expense involved to issue an RFP and review proposals.

ANALYSIS:

PLHA Application
In order to be eligible, local jurisdictions must have a state certified and compliant Housing Element and have timely Annual Progress Reports (APR) on the Housing Element submitted per state law. The City is compliant with both of these requirements.

The program guidelines require that the grant application include an adopted City Council resolution authorizing the request and receipt of grant funds for the five-year period, which is included for consideration as Attachment.

The City’s PLHA grant application must include a high-level five-year plan outlining how it will use the total available $949,257 over the five-year period with up to ten percent of the funding allowed to be reallocated without a plan amendment. The City can reallocate more than ten percent of funds to activities through a plan amendment with approval from City Council and the State.

Agenda Report - Page 3

The application must be submitted to HCD no later than November 30, 2022. Following application approval, HCD will execute an agreement with the City that encompasses funding for all five years. Following the execution of the agreement, funding will be advanced to the City each year. An annual report is due to the State by July 31st of each year reporting on the activities provided and detailing the appropriate expenditure of funds.

PLHA Eligible Activities
There are ten eligible activities under the PLHA grant, several of which are highlighted below:
 The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary operating subsidies.
 Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
 Accessibility modifications in lower-income owner-occupied housing.  Homeownership opportunities, including, but not limited to, down payment assistance.
 A maximum of 5% of the allocation can be used for administration.

Funding Allocation Recommendations
Staff is recommending the following funding allocation for consideration by the City Council.
 The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs). ADUs shall be available for occupancy for a term of no less than 30 days.
 Assisting persons who are experiencing or are at risk of homelessness, including but not limited to, the following: Rental assistance and utility assistance.  Provide GAP funding for predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-, Very low-, Low-, or Moderate-income households, including necessary operating subsidies.

A draft Subrecipient Agreement has been provided that complies with the PHLA Federal and State Regulations covering all aspects of the relationship between the City and Self-Help Enterprises, as well as the scope of work and a proposed budget. The

Agenda Report - Page 4

Agreement may not exceed $99,750 for the term of the 5-year period, therefore, allowing for the expenditure of PHLA Grant funds as it may become available.

The table below details the funding recommendations for years one through four. To simplify the mandatory state reporting for this grant, staff will rely on the existing framework for Community Development Block Grant (CDBG) fund reporting.

ATWATER2019 2019%2020 2020%2021 2021%2022 2022%2023 2
PLHA Est.
158,209.00 247,535.00 269,804.00 273,709.00
Rental
-
-
- - 110,619.64 0.41 123,169.05

0.45 0
ADU
124,985.11 0.79 215,355.45 0.87 126,807.88 0.47 123,169.05

0.45 0
Homeless
25,000.00 0.16 20,000.00 0.08 20,000.00 0.07 15,000.00

0.05 0
Admin
7,910.45 0.05 12,376.75 0.05 13,490.20 0.05 13,685.45

0.05 0
Total
Award 157,895.56 1.00 247,732.20 1.00 270,917.72 1.00 275,023.55

1.00 1
II. FISCAL IMPACTS:

The PLHA is a noncompetitive grant process available from HCD, which the City of Atwater is eligible to receive annual allocations over a five-year period from of up to $949,257. The first-year allocation will be $158,209, the second-year allocation is $247,535, and a third year allocation of $269,804, but the exact amount of all future allocations is not known at this time.

Upon adoption of Resolution No. 3350-22, Budget Amendment No. 05, the Permanent Local Housing Grant revenue of $949,257 will be established in the Permanent Local Housing Allocation revenue account number XXXX-XXXX-3170 and expense account number XXXX-XXXX-3030.

All grant administration and implementation will be covered by the grant award.

This item has been reviewed by the Finance Department for fiscal impact.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goal numbers two (2), three (3), and six (6) of the City’s 2020-2025 Strategic Plan to ensure safety of staff and our community, promote

Agenda Report - Page 5

transparency through communication, and improve quality of life.

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

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

VII. PUBLIC PARTICIPATION:

The PLHA program guidelines require that the public have the opportunity to review and comment on the proposed Five-Year Plan. HCD leaves the noticing requirements up to the local jurisdiction, and for the proposed Five-Year Plan, staff published a Public Notice on October 14, 2022, 10 days in advance of the public meeting.

Notice of this meeting was adequately noticed and advertised for the regularly scheduled City Council meeting on October 24, 2022 on the City’s website beginning October 21, 2022 at www.atwater.org inviting the public to review and comment on the plan.

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

VIII. ENVIRONMENTAL REVIEW:

Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14,Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the applying for and receiving of grant funds does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. In addition, the activity is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines, because there is no possibility that the activity will have a significant effect on the environment, and no further environmental review is required. Therefore, the activity does not warrant further environmental review.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, the Community Development Department will coordinate with the City Manager to prepare and submit the application and all required documents.

Submitted by:

Agenda Report - Page 6

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3349-22 Authorizing application submittal (002) (2)

2. Resolution No 3350-22 BA No. 5 PLHA Grant

3. PLHA Subrecipient Agreement

4. Atwater- PLHA Application

5. ATW PLHA Reuse Plan

6. 2022-PLHA-Formula-Component-NOFA - Copy

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3349-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AUTHORIZING THE

APLICATION AND ADOPTING THE PLHA PLAN

FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM
The City Council of the City of Atwater, a non-entitlement jurisdiction, hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; C. WHEREAS, The City of Atwater is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

Resolution No. 3349-22 Page 2

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA August 17, 2022 in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. Applicant certifies that it was delegated by Atwater City Council to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

10.Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11.Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12.The City Manager, or his/her designee is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

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

Resolution No. 3349-22 Page 3
AYES:

ABSTENTIONS:

NOES:

ABSENT:

APPROVED:
________________________________

PAUL CREIGHTON, MAYOR

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of _________________________________ does hereby attest and certify that the ________________________ Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the __________________________________ which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3350-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 5 AMENDING 2022-2023

FISCAL YEAR BUDGET REGARDING

PERMANENT LOCAL HOUSING ALLOCATION
(PLHA) GRANT FUND
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.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve Budget Amendment No. 5 to the 2022-2023 Fiscal Year Budget as follows:

SECTION 1: Establish Budget in the Permanent Local Housing Allocation (PLHA) (Expense and Revenue) Grant Fund to assist in funding to approved PLHA activities.

Establish Budget
(Revenue)
XXXX-XXXX-3170 Permanent Local Housing
Allocation (PLHA) Grant
$949,257
Establish Budget
(Expense)
XXXX-XXXX-3030 Permanent Local Housing
Allocation (PLHA) Grant
$949,257
BE IT FURTHER RESOLVED, that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.

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

AYES:

NOES:

ABSENT:

Resolution No. XXXX-22 Page 2
APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY OF ATWATER

SUBRECIPIENT AGREEMENT
THIS AGREEMENT, entered this day of 2022 by
and between the City of Atwater, California, a municipal corporation, (GRANTEE) and Self-Help Enterprises (SUBRECIPIENT).

WHEREAS, the California Department of Housing and Community Development, hereinafter “HCD”, is authorized Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation ("PLHA") Program ("Program"), to provide funding Pursuant to Health and Safety Code, Section 50470 (b), the California Department of Housing and Community Development (referred to herein as "HCD" or "Department") under a Notice of Funding Availability (the "NOFA"), dated February 26, 2020, to govern administration of the fund and carry out the Program.

WHEREAS, GRANTEE is a recipient of PLHA funding for use in funding eligible activities to benefit its low and moderate income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with its 2014-2023 Housing Allocation Plan, desires to provide PLHA funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and
WHEREAS, pursuant to City Resolution No. 3349-22, the City Manager is authorized to execute PLHA Agreement, on behalf of GRANTEE, that are within available allocated PLHA funding and in a standard form approved by the City Attorney.

NOW, THEREFORE, it is agreed between the parties hereto that:

1. TERM
The term of this Agreement shall commence on January 1, 2023, unless terminated earlier pursuant to the terms of this Agreement, shall continue until December 31, 2030. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of PLHA funds or other PLHA assets, including Program Income.

2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner satisfactory to GRANTEE and consistent with any standards required as a condition of providing these funds. GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.

PLHA Subrecipient Agt 2021 – 8/31/21 1

CDBG Subrecipient Agt 2018 - 4/5/18 2
SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement. SUBRECIPIENT shall administer the Program in compliance with the PLHA requirements and in a manner that meets the statewide goals.

GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated.

3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, a performance report summarizing the number of unduplicated persons served, including race, ethnicity, and income data. The performance report shall be submitted within thirty days of the close of each quarter.

SUBRECIPIENT shall ensure the PLHA grant funds provided by GRANTEE are clearly identified as subawards and include the following information:
• SUBRECIPIENT NAME:
• Subrecipient ID(DUNS):
• State Award Identification Number: (PLHA Grant#)
• State Award Date:
• Period of Performance:
• Federal/State Funds Obligated by this Agreement:
• Total Federal/State Funds Obligated to SUBRECIPIENT:
• Total Amount of the Federal/State Award:
• Federal/State Award project description:
• Name of State awarding agency: Dept. of Housing and Community Development
• Name of pass-through entity: City of Atwater, California • Award Official Contact Information: Name and Address
• Authority: Health and Safety Code 50470
• Funding Name: Permanent Local Housing Allocation
• Identification of R&D: No
• Indirect cost rate for the Federal award:

SUBRECIPIENT shall maintain all records required by the State 2018 PLHA Final Guidelines specified in Section 500 and 501 that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the PLHA program eligible activities;

CDBG Subrecipient Agt 2018 - 4/5/18 3
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with PLHA assistance;
e) Records documenting compliance with the Housing First practices in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8);
f) Financial records as required by HSC Section 50470, subdivision (d).

Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(IV) and subdivision (b)(3), and
g) Other records necessary to document compliance in accordance with HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3) SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of five years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.

GRANTEE shall monitor and evaluate SUBRECIPIENT's performance underthis Agreement to determine compliance with this Agreement and PLHA requirements. SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained.

4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with the Proposed Budget attached hereto as Exhibit "B'' and incorporated herein.

SUBRECIPIENT's sole source of compensation hereunder will be in the form of a grant of PLHA funds as described herein. It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall not exceed Nine Hundred forty-nine thousand, two hundred fifty-seven dollars and 00/100 ($949,257).

SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form

CDBG Subrecipient Agt 2018 - 4/5/18 4
acceptable to GRANTEE, on a monthly basis for the term of the Agreement. Said request shall be accompanied with supporting documentation, including but not limited to paid receipts, invoices and timesheets, to allow GRANTEE to determine compliance with applicable federal regulations, including cost allowability.

GRANTEE shall pay all approved requests for payment pursuant to this Agreement within the normal course of business, typically within forty-five days of receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within ten business days GRANTEE will provide written notification to SUBRECIPIENT of the disallowance, including any corrective action necessary to process payment.

All funds are paid contingent upon SUBRECIPIENT's continuous compliance with all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured PLHA funding shall be returned to GRANTEE within thirty days of the earlier of termination of this Agreement or notice by GRANTEE. Any interest earned or received by SUBRECIPIENT thereon shall be remitted to the GRANTEE.

An authorized official for SUBRECIPIENT must provide a signed certification with each request that states the following: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the State award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of PLHA funds is subject to the control HCD, or other state agencies and should the PLHA funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate PLHA funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HCD and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Project(s).

5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of PLHA funds governed by this Agreement shall be considered PLHA program income. All PLHA program income shall be retained by SUBRECIPIENT for the term of this Agreement. The use of all PLHA program income is reserved specifically for services outlined in the Reuse Plan and is subject to the terms of this Agreement.

6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the U.S. federal regulations at 2 CFR Part 200.

CDBG Subrecipient Agt 2018 - 4/5/18 5
SUBRECIPIENT shall establish and maintain effective internal control over PLHA funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.

SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.

SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.

SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women 's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.

SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

SUBRECIPIENT is prohibited from using PLHA funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

SUBRECIPIENT shall comply with the requirements of the state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.

SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.

SUBRECIPIENT shall maintain a financial management system that identifies all state awards received and expended and the state programs under which they were received, including:

CDBG Subrecipient Agt 2018 - 4/5/18 6
• The Program title and number,
• State award identification number and year,
• Name of the State agency, and
• Name of the pass-through entity, if any.

SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E; • Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and
• Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.

7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT shall provide to GRANTEE a certification stating the total amount of federal awards expended in the fiscal year. The certification shall be signed by an authorized official.

SUBRECIPIENT agrees to have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT expends $750,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of the audit available for public inspection for three years from the date of submission to the FAC.

GRANTEE shall issue a management decision for audit findings that relate to this Agreement within six months of acceptance of the audit report by the FAC.

8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any PLHA funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a

CDBG Subrecipient Agt 2018 - 4/5/18 7
parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.

At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT. No covered persons who exercise or have exercised any functions or responsibilities with respect to PLHA activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a PLHA-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a PLHA-assisted activity, or with respect to the proceeds of the PLHA-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict of interest provisions on a case-by-case basis.

10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City/County, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:

Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.

Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.

Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.

Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135.

The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.

CDBG Subrecipient Agt 2018 - 4/5/18 8
Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.

Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to apply for CDBG benefits, including financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities made available with CDBG. Benefits do not include relocation services and payments to which persons displaced are entitled by law (24 CFR §570.613).

A building or facility designed, constructed, or altered with CDBG funds governed by this Agreement that meets the definition of "residential structure" as definedin 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings).

The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.

The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".

11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT .

Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and • Transfer to GRANTEE any accounts receivable attributable to the use of PLHA funds, including PLHA program income.

Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed. The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to SUBRECIPIENT'S activities and costs under this Agreement; • the obligation to repay to GRANTEE any PLHA proceeds improperly disbursed to SUBRECIPIENT or disbursed for ineligible
expenditures;

CDBG Subrecipient Agt 2018 - 4/5/18 9
• any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.

Any real or personal property purchased in whole or in part with PLHA funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and
• For real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with PLHA funds in excess of $25,000, said property shall be used to meet one of the national objectives in 24 CFR 570.208 for five years after close out of this Agreement. If the property is disposed of within five years of the close out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE the a
percentage of the current fair market value of the property equal to the percentage of PLHA funds expended to the overall acquisition and improvement cost of the property.

12. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated.

Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.

If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.

13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.

CDBG Subrecipient Agt 2018 - 4/5/18 l l

14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE.

15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement , SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.

SUBRECIPIENT agrees to comply with the requirements of Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".

SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.

16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solelyas an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.

This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE’s express written consent. Except to the extent

CDBG Subrecipient Agt 2018 - 4/5/18 l l
otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof.

Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to GRANTEE’s employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or coemployee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.

17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. SUBRECIPIENT’s obligations under the preceding sentence shall apply regardless of whether GRANTEE or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.

If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend

SubrecipientAgt 2019 - 11/18/19 12
GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this Agreement shall be directed to the following contract representatives:

GRANTEE
City of Atwater
C/O Greg Thompson, CDD
750 Bellevue Road
Atwater, CA 95301

19. AMENDMENTS

SUBRECIPIENT
Self-Help Enterprises
C/O Susan Long, Program Director
8445 W Elowin Ct
P.O. Box 6520
Visalia, CA 93290
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.

GRANTEE may, in its discretion, amend this Agreement to conform with State or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.

20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.

21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining

SubrecipientAgt 2019 - 11/18/19 13
provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

23. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.

24. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.

25. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.

26. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.

27. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT.

28. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

29. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.

SubrecipientAgt 2019 - 11/18/19 14

30. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Tulare County, California.

31. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

32. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.

Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.

33. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor , mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts.

34. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances, or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.

SubrecipientAgt 2019 - 11/18/19 15

35. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.

36. PRECEDENCE OFDOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.

37. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement at Atwater, California, the day and year first above written.

Addresses:

CITY: SUBRECIPIENT:

City of Atwater
Attention: Lori Waterman
City Manager
Self-Help Enterprises
Attention: Susan Long
Program Director
750 Bellevue Road 8445 W Elowin Ct
Atwater, CA 95301
Phone: (209) 357-6201
Fax: (209)
PO Box 6520
Visalia, CA 93290
Phone: (559)802-1630
FAX: (559) 651-3634
Attachments:

EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSEDBUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERALAWARDS

CDBG Subrecipient Ag! 2018 - 4/5/18 16
IN WITNESS WHEREOF, the parties have executed this Agreement at Atwater, California, the day and year first above written.

GRANTEE

CITY OF ATWATER

SUBRECIPIENT

SELF-HELP ENTERPRISES
Lori Waterman, City Manager Thomas J. Collishaw, President/CEO Addresses :

CITY:

City of Atwater
Attention: Lori Waterman
750 Bellevue Road
Atwater, CA 95301
Phone: (209) 357-6201
Fax: (209)
SUBRECIPIENT:

Self-Help Enterprises
Attention: Susan Long
Program Director
8445 W Elowin Ct
PO Box 6520
Visalia, CA 93290
Phone: (559) 802-1630
FAX: (559) 651-3634
Attachments :

EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERAL AWARDS

17 EXHIBIT A-1

SCOPE OF WORK
Activity: Financial Assistance to households at risk of homelessness Objective: At or below 30% AMI
Eligibility: Rent, Mortgage and/or Utility Expenses
Project Description:

Self-Help Enterprises will offer financial assistance to income eligible households (at or below30% of AMI) at risk of homelessness (received a 21-day notice to vacate) with rental, mortgage, or utility expenses in an effort to prevent eviction or foreclosure, and/or to provide rental assistance, which may include deposits and utilities for income eligible household unable to make ongoing monthly rental payment for up to six months, when no other source of funding is available utilizing the City of Atwater’s 2019 PLHA Allocation of $99,750 over 5 years.

Records to Be Maintained
The subrecipient shall maintain records including, but not limited to:

Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with PLHA funds, including its location, the amount of PLHA funds budgeted, obligated and expended for the activity, and the eligibility and national objective under which it is eligible.

Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from, any program or activity funded in whole or in part with PLHA funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs.

Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable PLHA Guideline requirements listed in Section 500, including source documentation.

18 The project file must document how the PLHA funds are expended. Such documentation must include, to the extent applicable:
• Invoices with supporting documentation
• Project/Activity description
• Land/site Information
• Planning & zoning history (as appropriate)
• Records of public hearings and public comments
• Relocation needs (as appropriate)
• Contracts, loan and grant agreements, Standard Agreement • Environmental records & reports/findings (as appropriate) • Design/engineering reports & plans (as appropriate)
• Description of targeted beneficiaries, services to be provided, household incomes, special needs
• PLHA Activity costs, invoices, purchase orders, sources and uses of funds for PLHA Activities, terms & conditions of financings, draws and all supporting documentation, change orders (as appropriate)
• Activity schedule and amendments
• History of Plan amendments
• Procurement policy used for PLHA Activity(ies)
• Construction progress schedules signed by appropriate parties (e.g., general contractor and/or a project architect), if applicable • Other documentation appropriate to the nature of theactivity Low Mod Housing Activities (LMH) -
The SUBRECIPIENT shall maintain records for each household applying for assistance, including:
• The total cost of the activity, including both PLHA and non-PLHA funds. • a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR 5.609) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification.

SUBRECIPIENT shall ensure the PLHA grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• Subrecipient ID (DUNS): 056179906
• State Award Identification Number: -PLHA-
• State Award Date:
• Period of Performance: January 1, 2023 – June 30, 2030 • Funds Obligated by this Agreement: PLHA
• Total Funds Obligated to SUBRECIPIENT: $99,750
• Total Amount of the Award: approximately $949,257
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development

19 • Name of pass-through entity: City Atwater, California • Award Official Contact Information: See Section 18 - Notices • Authority: Health and Safety Code 50470
• Funding Name: Permanent Local Housing Allocation
• Identification of R&D: No
• Indirect cost rate for the Federal award: 20.21%

20 EXHIBIT B-1

PROPOSED BUDGET
# Line Item Approved
Budget
1 Administration $4,750
2 Rental Assistance & Implementation Cost $95,000
TOTAL $99,750
1) Administrative Cost will not exceed 5% ($4,750) of the overall award and will be used to cover financial management, invoicing, record keeping, reporting, marketing, supplies, space and equipment, professional services, and mileage. 2) The Cost to Implement the program (intake, application review, applicant correspondence, eligibility determination, file maintenance and payment processing will be paid from Program funds. Implementation cost are estimated at $10,450 leaving $84,550 to provide financial assistance.
3) Implementation cost will be billed as actual time and associated benefits, which may result in a portion of the estimated $10,450 being returned to the Program or the need to pull additional funds from the program to cover implementation. All charges will be backed up with timesheets and activity reports.

17 EXHIBIT A-2

SCOPE OF WORK
Activity: Deferred Payment Loans for repair or construction of an ADU’s Objective: ADU Repair or Construction
Eligibility: Homeowners at or below 60% AMI
Project Description:

Self-Help Enterprises will offer financial assistance to income eligible homeowners (at or below 60% of AMI) as zero interest deferred payment loans to repair existing ADU’s and/or construct new ADU’s for existing homeowners. The City will provide financing up to $125,000 per unit for eligible applicants through Self-Help Enterprises using PLHA funding allocations for 2019, 2020, 2021, 2022, and 2023. Loans provided to homeowners with incomes under 60 percent of AMI may rent units to tenants with incomes up to 120 percent of AMI. Homeowners with incomes above 60 percent of AMI will be required to rent units to households with incomes at or below 60 percent of AMI. Rent restrictions will be for a term of 10 years, will require affordable rents, and must be occupied for a term of no less than 30 days. Loans will be due upon sale or transfer of title.

Records to Be Maintained
The subrecipient shall maintain records including, but not limited to:

Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with PLHA funds, including its location, the amount of PLHA funds budgeted, obligated and expended for the activity, and the eligibility and national objective under which it is eligible.

Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from, any program or activity funded in whole or in part with PLHA funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs.

Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable PLHA Guideline requirements listed in Section 500, including source documentation.

18 The project file must document how the PLHA funds are expended. Such documentation must include, to the extent applicable:
• Invoices with supporting documentation
• Project/Activity description
• Land/site Information
• Planning & zoning history (as appropriate)
• Records of public hearings and public comments
• Relocation needs (as appropriate)
• Contracts, loan and grant agreements, Standard Agreement • Environmental records & reports/findings (as appropriate) • Design/engineering reports & plans (as appropriate)
• Description of targeted beneficiaries, services to be provided, household incomes, special needs
• PLHA Activity costs, invoices, purchase orders, sources and uses of funds for PLHA Activities, terms & conditions of financings, draws and all supporting documentation, change orders (as appropriate)
• Activity schedule and amendments
• History of Plan amendments
• Procurement policy used for PLHA Activity(ies)
• Construction progress schedules signed by appropriate parties (e.g., general contractor and/or a project architect), if applicable • Other documentation appropriate to the nature of theactivity Low Mod Housing Activities (LMH) -
The SUBRECIPIENT shall maintain records for each household applying for assistance, including:
• The total cost of the activity, including both PLHA and non-PLHA funds. • a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR 5.609) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification.

SUBRECIPIENT shall ensure the PLHA grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• Subrecipient ID (DUNS): 056179906
• State Award Identification Number:
• State Award Date:
• Period of Performance: January 1, 2023 – June 30, 2030 • Funds Obligated by this Agreement: PLHA
• Total Funds Obligated to SUBRECIPIENT: $751,083
• Total Amount of the Award: approximately $949,257
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development

19 • Name of pass-through entity: City Atwater, California • Award Official Contact Information: See Section 18 - Notices • Authority: Health and Safety Code 50470
• Funding Name: Permanent Local Housing Allocation
• Identification of R&D: No
• Indirect cost rate for the Federal award: 20.21%

20 EXHIBIT B-2

PROPOSED BUDGET
Actual Budget will be provided upon receipt and execution of funding contract by City # Line Item Approved
Budget
1 Administration $35,766
2 ADU Loans & Implementation $715,317
TOTAL $751,083
1) Administrative Cost will not exceed 5% of the overall award and will be used to cover financial management, invoicing, record keeping, reporting, marketing, supplies, space and equipment, professional services, and mileage. 2) The Cost to Implement the program (intake, application review, applicant correspondence, eligibility determination, file maintenance and payment processing will be paid from Program funds.
3) Implementation cost will be billed as actual time and associated benefits, which may result in a portion of the implementation budget being returned to the Program or the need to pull additional funds from the program to cover implementation costs. All charges will be backed up with timesheets and activity reports.

21 EXHIBIT C

INSURANCE REQUIREMENTS
Agreement between City of Atwater ("CITY ")
and Self-Help Enterprises ("SUBRECIPIENT")

HOME REPAIR PROGRAMS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury, " "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."

2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds.

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Professional Liability (Errors and Omissions) that includes Cyber Liability (Privacy and Data breach) insurance appropriate to SUBRECIPIENT profession.

MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

22 1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed
operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.

2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.

3. WORKERS' COMPENSATION INSURANCE as required by the
State of California with statutory limits.

4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.

5. PROFESSIONAL LIABILITY (Errors and Omissions) & (Privacy & Data breach coverage):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.

UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SUBRECIPIENT shall also be responsible for payment of any self-insured retentions. Any deductibles or selfinsured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY's Risk Manager or designee. At the option of the CITY's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or
(ii) SUBRECIPIENT shall provide a financial guarantee,
satisfactory to CITY's Risk Manager or designee,
guaranteeing payment of losses and related investigations,

23 claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.

OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:

1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. SUBRECIPIENT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11

85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.

3. For any claims relating to this Agreement, SUBRECIPIENT's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of SUBRECIPIENT's insurance and shall not contribute with it.

SUBRECIPIENT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and noncontributory status as broad as that contained in ISO Form CG 20 010413.

The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SUBRECIPIENT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.

If the Professional Liability (Errors and Omissions) with Cyber Liability insurance policy is written on a claims-made form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by
SUBRECIPIENT.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs

24 first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by
SUBRECIPIENT, SUBRECIPIENT must purchase "extended
reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.

4. A copy of the claims reporting requirements must be submitted to CITY for review.

5. These requirements shall survive expiration or termination of the Agreement.

All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. SUBRECIPIENT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, SUBRECIPIENT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SUBRECIPIENT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.

Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.

The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release or diminish the liability of SUBRECIPIENT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBRECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its principals, officers , agents, employees, persons under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them.

SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement , SUBRECIPIENT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter intoa separate Side Agreement with the CITY to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance

25 documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT will be solely responsible for ensuring that it's subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.

VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SUBRECIPIENT shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

26 EXHIBIT D

CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Atwater or any of its agents? □
X
2 Do you represent any firm, organization or person who is in litigation with the City of Atwater? □
X
3 Do you currently represent or perform work for any clients who do business with the City of Atwater? □
X
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Atwater, or in a business which is in litigation with the City of Atwater?
□
X
5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Atwater employee who has any significant role in the subject matter of this service? □ X
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? □
X
* If the answer to any question is yes, please explain in full below.

Explanation:
--
: -- -- · :- -
Date
Thomas J. Collishaw
President/CEO
Print Signature Name
Self-Help Enterprises
PO Box 6520
8445 W Elowin Ct
Visalia, CA 93290
Additional page(s) attached.

27 EXHIBIT E

CONTRACT PROVISIONS FOR NON-FEDERALENTITY CONTRACTS

UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").

In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.

The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from

28 inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the nonFederal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
(I) Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 CFR 180 that

implement Executive Orders 12549 (3 CFR Part 1986 Comp., p.189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (K) See §200.322 Procurement of recovered materials.

CITY OF ATWATER

PLHA REUSE ACCOUNT PLAN
The State of California Department of Housing and Community Development has made funds available through the Permanent Local Housing Allocation (PLHA) Program for the purpose of providing a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet needs of their local communities.

The City of Atwater as a recipient of funding under the PLHA Program is required to follow specific guidelines in the accounting for, and use of, all monies received as repayments of loan principal and/or loan interest. The City of Atwater has formulated this document to comply with Sections 301 and 500 of the PLHA Guidelines.

Tracking of all repayments of loan principal and any loan interest is posted in the accounting system that tracks PLHA funds separately from other funding sources. All accrued interest earned on PLHA funds shall accrue to the PLHA Reuse Account.

Funds in the reuse account shall only be used as follows:
(a) Eligible Activities are limited to one or more of the following:
(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary Operating subsidies.
(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. (4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. (5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

(A) This Activity may include sub-awards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded CESH program or HEAP funds for rental assistance to continue assistance to these households. (B) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b). (7) Accessibility modifications in Lower-income Owner-occupied housing. (8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. (9) Homeownership opportunities, including, but not limited to, down payment assistance.
(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing Project.
(b) A Local government that receives an allocation shall use no more than 5 percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation.
(c) Two or more Local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided for in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments. (d) Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.

Any loan funds not expended at completion of an individual homeowner transaction will be deposited into the Reuse Account, will be considered a “principal reduction”, and will

be applied to the principal loan balance, thereby reducing the amount owed by the borrower. Borrowers will receive a closeout letter after the 30-day retention period indicating the amount of their Note, the credit, and the ending balance on their loan. A copy of this credit along with the final cost break-down will be retained in the borrowers file.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
Sacramento, CA 95833
(916) 263-2771
www.hcd.ca.gov
August 17, 2022
MEMORANDUM FOR: All Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: 2022 Permanent Local Housing Allocation
Program Entitlement and Non-Entitlement Local
Government Formula Component – Notice of
Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of the 2022 Entitlement and Non-Entitlement Local government formula component Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in remaining calendar year 2019 and calendar year 2020 funds for the Permanent Local Housing Allocation (PLHA) formula allocation program. Appendix A details the total funds available to each eligible locality under this NOFA for housing-related projects and programs that assist in addressing unmet housing needs of their local communities.

First Time Applicants: This will be the last year for Applicants to apply for their 2019 calendar year allocation. Jurisdictions that have not previously applied must meet all threshold requirements as outlined in Part II, Section F, of the attached NOFA.

Second- or Third-Year Applicants: Jurisdictions that have previously applied and received an award of 2019 and/or 2020 funds are not required to resubmit all threshold documents but must demonstrate all threshold requirements continue to be met as noted in Part II, Section G, of this NOFA.
*** PLEASE NOTE ***
Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.