Atwater City Council
December 12, 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) 357-6241.

CITY OF ATWATER

CITY COUNCIL AND SUCCESSOR AGENCY TO THE

ATWATER REDEVELOPMENT AGENCY
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
December 12, 2022
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM

PLEDGE OF ALLEGIANCE TO THE FLAG

INVOCATION
Invocation by Police Chaplain Jim McClellan
ROLL CALL:

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

City Council Agenda for Meeting of December 12, 2022 Page 2 MINUTES: (City Council)

1. a) September 26, 2022
b) October 10, 2022
c) October 24, 2022
Staff's Recommendation: Approval of minutes as listed.

NOVEMBER 8, 2022 ELECTION RESULTS:

2. Certifying the Canvassing of Votes in the November 8, 2022, General Municipal Election; authorizing execution of agreements with the State of California Department of Tax and Fee Administration for the implementation of a Local Transactions and Use Tax; and authorizing CDTFA examination of Sales or Transactions and Use Taxes Records (City Manager Waterman)
Staff's Recommendation: Motion to Adopt Resolution No. 3357-22 Certifying the canvassing of votes in the November 8, 2022, General Municipal Election;
Adopt Resolution No. 3359-22 authorizing and directing the Mayor to execute a Preparatory Agreement and Administrative Agreement with the State of California Department of Tax and Fee Administration for the implementation of a Local Transactions and Use Tax; and Adopt Resolution No. 3360-22 Authorizing Examination of Sales or Transactions and Use Taxes Records.

Motion to approve staff's recommendation as presented.

OUTGOING MAYOR COMMENTS:
• Mayor Paul Creighton
CEREMONIAL MATTERS:
 Presentation of plaque to Paul Creighton for his years of service as Mayor and City Council Member to the City of Atwater.

Staff's Recommendation: That Mayor Pro Tem Cale make the presentation to Paul Creighton.

PRAYER FOR EXITING MAYOR:

Prayer by Pastor Rich Miller
OATH OF OFFICE:

City Council Agenda for Meeting of December 12, 2022 Page 3 • City Council Member Danny Ambriz
• City Council Member Brian Raymond
• Mayor Mike Nelson
Staff's Recommendation: That City Clerk Billings administer the oath of office to newly elected City Council Members Danny Ambriz and Brian Raymond, and to the newly elected Mayor Mike Nelson.

RECESS TO BRIEF RECEPTION:

RESUME REGULAR SESSION:

ROLL CALL:

Ambriz _____, Button _____, Cale _____, Raymond _____, Nelson _____

OPENING STATEMENTS FROM NEWLY ELECTED CITY COUNCIL MEMBERS AND MAYOR:
• City Council Member Danny Ambriz
• City Council Member Brian Raymond
• Mayor Mike Nelson
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.)

CONSENT CALENDAR

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

TREASURER’S REPORT

3. October 31, 2022

City Council Agenda for Meeting of December 12, 2022 Page 4 Staff's Recommendation: Approval of warrants as listed.

WARRANTS

4. a) November 28, 2022
b) December 12, 2022
Staff's Recommendation: Approval of warrants as listed.

MINUTES: (Planning Commission)

5. August 17, 2022
Staff's Recommendation: Approval of minutes as listed.

RESOLUTIONS:

6. Adopting Salary Schedule C-23, effective December 22, 2022 conforming to minimum wage increase for the state of California (City Manager Waterman and Human Resources Manager Joyner)
Staff's Recommendation: Adoption of Resolution No. 3358-22 adopting City of Atwater Salary Schedule C-23, effective December 22, 2022.

AGREEMENTS:

7. Adopt a resolution approving the Professional Services Agreement with RSG, Inc. for Successor Agency consulting services for Fiscal Year 2023-24 through Fiscal Year 2025-26 (Finance Director Youmara) Staff's Recommendation: Adoption of Resolution No. SA 2022-6 approving the Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc., in the amount not to exceed $75,000 for Successor Agency consulting services for FY 2023-24 through FY 2025-26; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City OTHER ACTIONABLE ITEMS:

8. Accepting the 2023 Regular Meeting Schedule which cancels the second City Council meeting of the month in July, November and December (Deputy City Clerk Martin)
Staff's Recommendation: Accepts the 2023 Regular Meeting Schedule which cancels the second meeting of the month in November and December 2023; and authorizes and directs the Mayor and/or the City Manager to sign any documents required to maintain essential City services. Said documents shall be reviewed by the City Attorney and be scheduled for ratification of the entire City Council at the next regularly scheduled City Council meeting.
***END OF CONSENT CALENDAR***

City Council Agenda for Meeting of December 12, 2022 Page 5

PUBLIC HEARINGS

9. Waiving the first reading, by title only, and introducing an ordinance Amending Chapter 5.60, Cannabis Business Pilot Program, of Title 5, Business taxes, Licenses and Regulation of the Atwater Municipal Code and adding Chapter 5.70, Cannabis Regulatory Program; Adopting a Resolution setting a Cannabis Business Tax as previously approved by the voters (Community Development Director Thompson and Finance Director Youmara)
Staff's Recommendation: Open the public hearing and receive any testimony given;
Close the public hearing;
Motion to waive the first reading and introduce Ordinance No. CS 1055 amending Chapter 5.60, Cannabis Business Pilot Program, of Title 5, Business taxes, Licenses and Regulation of the Atwater Municipal Code and adding Chapter 5.70, Cannabis Regulatory Program; and
Motion to adopt Resolution No. 3356-22 setting a Cannabis Business Tax within the amount previously approved by the voters, at various rates of gross receipts depending on business type, establishing the tax due date, and adopting the related penalties and interest charges; or
Motion to approve staff's recommendation as presented.

10. Waiving the first reading, by title only, and introducing an ordinance Approving Zoning Text Amendment No. 22-18-0100 Repealing and Replacing Chapter 17.28 of the Atwater Municipal Code regarding Accessory and Junior Accessory Dwelling Units, and Determining the Ordinance to be Exempt from CEQA (Community Development Director Thompson)
Staff's Recommendation: Open the public hearing and take any testimony;
Close the public hearing;
Motion to waive the first reading and introduce Ordinance No. CS 1052 repealing and replacing Chapter 17.28 of the Atwater Municipal Code regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). This Ordinance will impose new City regulations on the permitting, development, and construction of ADUs and JADUs in compliance with the provisions of Government Code sections 65852.2 and 65852.22, as amended by recently approved legislation that takes effect January 1, 2023.

Motion to approve staff's recommendation as presented.

City Council Agenda for Meeting of December 12, 2022 Page 6

11. Appeal of Planning Commission non-approval on November 30, 2022 regarding Bk Industries, Inc.'s application for Conditional Use Permit, Site Plan, Architectural Review and Zone Variance; Project Description:

Electronic Message Board located at the corner of First Street and Shaffer Road, Atwater north of (APN: 003-211-002) (Community Development Director Thompson)
Staff's Recommendation: Open the public hearing and take any testimony given; and
Adopt the resolution approving the appeal of the Planning Commission's non-approval of BK Industries, Inc.'s Site Plan No. 22- 22-100, Conditional Use Permit No. 22-22-0200, Architectural Review 22-22-0300 and Zone Variance No. 22-22-0400 for the Electronic Message Board located at the corner of First Street and Shaffer Road, Atwater north of (APN: 003-211-002);or
Motion to approve staff's recommendation as presented.

REPORTS AND PRESENTATIONS FROM STAFF:

12. Awarding a General Construction Contract for the Pedestrian and Roadway Improvements on Laurel Avenue and Sixth Street
Project (Community Development Director Thompson)
Staff's Recommendation: Award a General Construction Contract, in a form approved by the City Attorney, to Terra West Construction Inc. of Clovis, California, for the Pedestrian and Roadway Improvements on Laurel Avenue and Sixth Street Project, City Project No. 19-5, in an amount not to exceed 163,965.00, and authorize and direct the City Manager, and her designee, to sign and affirm construction contract change orders up to an aggregate of $16,369.50 (10%); and authorize and direct the City Manager, or her designee, to execute the contract on behalf of the City.

13. Adopting the Recognized Obligation Payment Scheduled FY 23-24 for the July 1, 2023 through June 30, 2024 period and adopting the Administrative Budget for Fiscal Year 2023-24 (Finance Director Youmara)
Staff's Recommendation: Adoption of SA No. 2022-5 adopting the Recognized Obligation Payment Schedule 23-24 for the July 1, 2023 through June 30, 2024 period and adopting the Administrative Budget for Fiscal Year 2023-24.

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 Agenda for Meeting of December 12, 2022 Page 7

CITY COUNCIL MATTERS

14. 2023 City Council Reorganization/Mayor's Committee Assignments  Mayor Pro Tem
 Merced County Association of Governments (1 representative and 1 alternate)
 League of California Cities Central Valley Division (1 representative and 2 alternates)
 City Audit and Finance Committee (2 representatives)
 LAFCO (1 representative)
 USP/Atwater Community Liaison Group (1 representative and 1 alternate)
 Atwater Community Services/Neighborhood Watch (1
representative)
 4th of July Committee (1 representative)
 San Joaquin Valley Air Pollution Control District (1 representative and 1 alternate)
 SGMA (1 Staff representative and 1 alternate)
 IRWIN (1 Staff representative and 1 alternate)
 ACE Train (1 Representative and 1 alternate)
 One Voice (1 representative and 1 alternate)
 Bloss Mansion (2 representatives)
 Christmas Parade (2 representatives)
 General Plan Technical Advisory Committee (2 representatives) Staff's Recommendation: Motion to ratify the Mayor's Committee Assignments.

City Council comments
CLOSED SESSION:
• Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):

Number of cases (1)

MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION

ADJOURNMENT

City Council Agenda for Meeting of December 12, 2022 Page 8 CERTIFICATION:

I, Kory J. Billings, 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. _______________________________
KORY J. BILLINGS

CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.

In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .

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Trash pick up delayed
1 day
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Committee Meeting -
Citizens' Oversight
5:30 PM
City Council Meeting -
6:00 PM
Christmas
Planning Commission City Holiday Christmas Eve
Meeting - 6:00 PM
1 day
Christmas Day
Trash pick up delayed
New Year's Day
31 Audit & Finance
City Holiday
New Year's Eve
4:30 PM
Committee Meeting -
~ December 2022 ~

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~ January 2023 ~
Sunday Monday Tuesday Wednesday Thursday Friday Saturday New Year's Day Planning Commission
City Holiday Application Deadline for
GPTAC - 6:00 PM
Trash pick up delayed 5:00 PM
1 day
Scheduled Vacancy -
Planning Commission
6:00 PM
City Council Meeting -
Observed
City Holiday
Martin Luther King Jr. Day Meeting - 6:00 PM
Committee Meeting - Merced County
Trash pick up delayed
City Council Meeting - Supervisor McDaniel
4:30 PM
1 day
District 3
30 31 See box to right 1:30 PM - 3:30 PM
6:00 PM Office Hours -

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
September 26, 2022
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Creighton presiding.

ROLL CALL:

Present: City Council Member Ambriz, Button, Raymond, Mayor Pro Tem Cale, Mayor Creighton

Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Community Development Director Thompson, Deputy City Clerk Martin CLOSED SESSION: (Conference Room A)
Mayor Creighton invited public comment on Closed Session items.

No one came forward to speak.

Mayor Creighton adjourned the meeting to Conference Room A for Closed Session at 5:32 PM. Closed Session was called to order at 5:36 PM.

Mayor stated that he would not be attending the Closed Session due to a conflict of interest.

Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator regarding price and terms of payment. Agency Negotiators: Public

City Council Meeting Action Minutes for September 26, 2022, Page 2 Works/Community Development Director Thompson and City Attorney Splendorio.

Negotiating Parties: Kiranjeet Dhami and Roberto Hugo Carbajal Property Locations: 1039 Atwater Blvd., APN 002-219-010 1089 Atwater Blvd., APN 002-219-011
337 E. Bellevue Road, APN 156-060-009

Closed Session adjourned at 5:57PM.

REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Creighton presiding.

ROLL CALL:

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

Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Public Works Director Vinson, Battalion Chief Ayuso, Community Development Director Thompson, Finance Director Youmara, Deputy City Clerk Martin
SUBSEQUENT NEED ITEMS: None
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

City Attorney Splendorio reported that the City Council was provided direction and no reportable action was taken. The Closed Session agenda was completed.

APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

City Manager Waterman requested to move the Public Hearing item Business the Public Hearing regarding Business Licenses be moved to be the last of the Public Hearing section of the agenda.

MOTION: City Council Member Button moved to approve the agenda as amended.

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

None. The motion passed.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Daniel Perez.

City Council Meeting Action Minutes for September 26, 2022, Page 3 INVOCATION:

The Invocation was led by Daniel Perez.

PRESENTATIONS:

Monthly report by Merced County District 3 Supervisor McDaniel  Castle Demolition Project is nearly complete, one more remains and gives 15 more acres of space.
 Transportation Research Company (TRC) has 15 more companies working for them and in total 22 different companies are road testing at Castle.  Final Budget Hearing for Merced County September 27, 2022, at 10AM, budget is currently at just over $1 Billion.

City Council Member Raymond asked regarding the Demo contract.

Mayor Pro Tem Cale asked regarding TRC and the number of employees.

CONSENT CALENDAR:

MOTION: City Council Member Raymond moved to approve the Consent Calendar as listed. The motion was seconded by Mayor Pro Tem Cale and the vote was:

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

TREASURER’S REPORT:

1. July 31, 2022
ACTION: Approval of report as listed.

WARRANTS:

2. September 26, 2022
ACTION: Approval of warrants as listed.

MINUTES: (City Council)

3. July 11, 2022 – Regular meeting
ACTION: Acceptance of minutes as listed
RESOLUTIONS:

City Council Meeting Action Minutes for September 26, 2022, Page 4

4. Approving Budget Amendment No. 3 amending Fiscal Year 2022-23 Budget regarding the 5-Year Capital Improvement Program and ARPA-American Rescue Plan Act Fund Expenditures (Finance Director Youmara)
ACTION: Adoption of Resolution No. 3344-22, approving Budget Amendment No. 3 amending the 2022-2023 Fiscal Year Budget pertaining to the 5-Year Capital Improvement Program and ARPA-American Rescue Plan Act Fund; and amends the 5-Year Capital Improvement Program to reflect the budget amendments contained in Resolution No. 3344-22.

AGREEMENTS:

5. Waiving the Formal Procurement Process and awarding a sole source purchase to Exeloo Corporation, of San Luis Obispo, California for purchase of Exeloo Jupiter Automated Twin Cubicle Restroom for Osborn Park (Public Works Director Vinson)
ACTION: Waive the Formal Procurement Process and award a sole source purchase to Exeloo Corporation of San Luis Obispo, California for purchase of Exeloo Jupiter Automated Twin Cubicle Restroom for Osborn Park upgrades, in an amount not to exceed $222,021; and authorize and direct the City Manager, or her designee, to execute the Purchase Order on behalf of the City.

6. Approving a Purchase Agreement (Purchase Order) with Shannon Pump Co. of Merced, California for the purchase of a new pump and motor for Well 14 (Public Works Director Vinson)
ACTION: Approves a Purchase Agreement (Purchase Order), in a form approved by the City Attorney, with Shannon Pump Co. of Merced, California, for the purchase of a new pump and motor for Well 14, in an amount not to exceed $108,581.19; and authorizes and directs the City Manager to execute the Agreement (Purchase Oder) on behalf of the City.

7. Awarding a General Service Agreement to Tri County Flooring for new flooring at Fire Station 41 (Public Works Director Vinson)
ACTION: Awards a General Services Agreement, in a form approved by the City Attorney, to Tri County Flooring of Atwater, California, in an amount not to exceed $55,533.17; authorizes and directs the City Manager to sign and affirm contract change order up to an additional aggregate of $2,777 (5%); and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.

8. Approving Ground Lease Agreement between the City of Atwater and Old Town Atwater regarding use of Real Property Parking Lot located at Fourth Street and Cedar Avenue (City Manager Waterman)

City Council Meeting Action Minutes for September 26, 2022, Page 5 ACTION: Approves a Ground Lease Agreement, in a form approved by the City Attorney, with Old Town Atwater for the use of Real Property Parking Lot located at the corner of Fourth Street and Cedar; and authorizes and directs the City Manager, or her designee, to execute the Lease Agreement on behalf of the City.

PUBLIC HEARINGS:

Adoption of Resolution of Necessity for the Acquisition of Fee Interests in Certain Real Property, by Eminent Domain, Located at 1039 & 1089 Atwater Boulevard (Community Development Director Thompson)
Mayor Creighton left the Dias due to a conflict of interest pertaining to this item. (6:09 PM)
Mayor Pro Tem Cale presiding (6:09 PM)
City Attorney Splendorio provided background information on this item.

Attorney Saghian with Best, Best and Krieger law provided background information on this item.

Community Development Director Thompson clarified the item and read the findings into the administrative record.

Mayor Pro Tem Cale opened the public hearing.

Mayor Pro Tem Cale called upon Deputy City Clerk Martin regarding the proof of mailing of the notice of hearing, written objections, protests, and requests to be heard which have been filed, received, read and considered.

Deputy City Clerk Martin stated proofs of mailing have been attached and other items, if received, to the City Council packet.

No one came forward to speak.

Mayor Pro Tem Cale closed the public hearing.

City Council Member Raymond spoke regarding the hearing.

MOTION: City Council Member Button moved to adopt Resolution of Necessity No. 3345-22 For the Acquisition of Fee Interest in Certain Real Property, by Eminent Domain, located at 1039 & 1089 Atwater Boulevard, Atwater, California, 95301, more particularly described as Assessor Parcel Nos. 002-219-010 & 002-219-011, for construction of new parking facilities in the downtown area of the City of Atwater, Merced County, California as further identified In Exhibit A attached hereto. The motion was seconded by City Council Member Ambriz and the vote was: Ayes:

City Council Meeting Action Minutes for September 26, 2022, Page 6 Button, Cale, Ambriz, Raymond; Noes: None; Abstain: Creighton; Absent: None.

The motion passed.

Adoption of Resolution of Necessity for the Acquisition of Fee Interests in Certain Real Property, by Eminent Domain, Located at 1039 & 1089 Atwater Boulevard (Community Development Director Thompson)
Mayor Creighton returned to the Dias. (6:29 PM)
City Attorney Splendorio provided background information on this item.

Attorney Saghian with Best, Best and Krieger law provided background information on this item.

Community Development Director Thompson clarified the item and read the findings into the administrative record.

Mayor Creighton opened the public hearing.

Mayor Creighton called upon Deputy City Clerk Martin regarding the proof of mailing of the notice of hearing, written objections, protests, and requests to be heard which have been filed, received, read, and considered.

Deputy City Clerk Martin stated proofs of mailing have been attached and other items, if received, to the City Council packet.

One person spoke in favor.

Mayor Creighton closed the public hearing.

MOTION: City Council Member Ambriz moved to adopt Resolution of Necessity No. 3346-22 For the Acquisition of Fee Interest in Certain Real Property, by Eminent Domain, located at 337 E. Bellevue Road, Atwater, California, 95301, More Particularly Described as Assessor Parcel No. 156-060-009, in Merced County, California, for the Osborn Park Improvements Project, in Merced County, California as further identified In Exhibit A attached hereto. The motion was seconded by Mayor Pro Tem Cale and the vote was: Ayes: Button, Ambriz, Cale, Raymond, Creighton; Noes: None; Absent: None. The motion passed.

Waiving the first reading and introducing an ordinance repealing and replacing Chapter

5.04, "General Provisions" and amending portions of Chapter 5.08, "Schedule of License Fees" of Title 5 of the Atwater Municipal Code (Community Development Director Thompson and Finance Director Youmara)
Finance Director Youmara provided background information on this item.

City Council Meeting Action Minutes for September 26, 2022, Page 7 Community Development Director Thompson provided background information on this item.

Mayor Creighton opened the public hearing.

No one came forward to speak.

MOTION: Mayor Pro Tem Cale moved to waive the first reading and introduce Ordinance No. CS 1042 repealing and replacing Chapter 5.04, "General Provisions" and amending portions of Chapter 5.08, "Schedule of License Fees" of Title 5 of the Atwater Municipal Code. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Ambriz, Button, Cale, Raymond, Creighton; Noes:

None; Absent: None. The motion passed.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person spoke regarding the Public safety measure.

No one else came forward to speak.

CITY COUNCIL MATTERS:

City Council comments
Mayor Pro Tem Cale had nothing to report.

City Council Member Ambriz had nothing to report.

City Council Member Raymond thanked Manual Vierra and the Portuguese Community for bringing the President of Portugal to the community in the City. He also sent his condolences to the families of fallen law enforcement officers and wished the community and his mother a Happy Mother’s Day.

Mayor Creighton spoke regarding Old Town Atwater and their volunteer work to the community. He also spoke regarding “Dinner with the Chiefs” will be taking place at Isabella’s 5:30 pm Wednesday, September 28, 2022.

ADJOURNMENT:

Mayor Creighton adjourned the meeting at 6:46 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
October 10, 2022
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Pro Tem Cale presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Pastor Rich Miller.

INVOCATION:

The Invocation was led by Police Chaplain Jim McClellan.

ROLL CALL:

Present: City Council Members Ambriz, Button, Mayor Pro Tem Cale

Absent: City Council Member Raymond, Mayor Creighton
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Community Development Director Thompson,
Finance Director Youmara, Public Works Director Vinson, Battalion Chief Ayuso, Deputy City Clerk Martin
SUBSEQUENT NEED ITEMS: None

City Council Meeting Action Minutes for October 10, 2022 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

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

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

The motion passed.

CEREMONIAL MATTERS:

Recognition – Completion of Los Angeles Police Department Leadership Program Sergeant Dayton Snyder
Mayor Pro Tem Cale and the City Council Members recognize Sergeant Dayton Snyder for his completion of the Los Angeles Police Department Leadership Program.

Recognition – Police Officer Lee and Police Officer Salazar’s efforts in recent quick thinks and harrowing actions during rescue efforts
Mayor Pro Tem Cale and the City Council Members recognize Police Officer Lee and Police Officer Salazar’s for their recent actions during rescue efforts.

PRESENTATIONS:

Presentation regarding the Young Legislators Program 2022 (Office of Senator Anna Caballero District Representative Westmoreland)
Office of Senator Anna Caballero District Representative Westmoreland gave background information on this item.

Each student in attendance gave a brief introduction and spoke about the program.

CONSENT CALENDAR:

Agenda item #5 under Agreements, “Approve Resolution Number 3343-22 authorizing Budget Amendment No. 2 increasing revenue and appropriations in Fund 1005 Police Grants for Fiscal Year 2022-23. Authorize and approve a Cooperative Purchase Agreement (Purchase Order) with National Auto Fleet Group for the purchase of one (1) 2023 Ford Hybrid Explorer Police Vehicle,” was removed from the Consent Calendar for separate discussion and possible action.

Mayor Pro Tem Cale opened public comment regarding items on the Consent Calendar.

No one came forward to speak.

City Council Meeting Action Minutes for October 10, 2022 Page 3 Public Comment regarding items on the Consent Calendar was closed.

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

WARRANTS:

1. September 12, 2022
ACTION: Approval of warrants as listed.

MINUTES: (Audit and Finance Committee)

2. June 27, 2022 - Regular meeting
ACTION: Acceptance of minutes as listed.

MINUTES: (Planning Commission)

3. July 20, 2022 – Regular meeting
ACTION: Acceptance of minutes as listed.

RESOLUTIONS:

4. Approving Budget Amendment amending the Fiscal Year 2021-22 Budget across various accounts for the year-end budget clean-up (Finance Director Youmara) ACTION: Adopts Resolution No. 3336-22 approving Budget Amendment No. 32 amending the Fiscal Year 2021-22 Budget across various accounts.

AGREEMENTS:

5. Approving Resolution Number 3343-22 authorizing Budget Amendment No. 2 increasing revenue and appropriations in Fund 1005 Police Grants for Fiscal Year 2022-23. Authorize and approve a Cooperative Purchase Agreement (Purchase Order) with National Auto Fleet Group for the purchase of one (1) 2023 Ford Hybrid Explorer Police Vehicle (Police Chief Salvador)
This item was removed from the Consent Calendar for separate discussion and possible action.

Police Chief Salvador provided background information on this item.

City Council Meeting Action Minutes for October 10, 2022 Page 4 AGREEMENTS:

Approving Resolution Number 3343-22 authorizing Budget Amendment No. 2 increasing revenue and appropriations in Fund 1005 Police Grants for Fiscal Year 2022-23.

Authorize and approve a Cooperative Purchase Agreement (Purchase Order) with National Auto Fleet Group for the purchase of one (1) 2023 Ford Hybrid Explorer Police Vehicle (Police Chief Salvador)
MOTION: City Council Member Button moved to approve Resolution 3343-22 authorizing Budget Amendment No. 2 to increase revenue and expenditures in Fund 1005 Police Grants in the amount of $20,000. Authorizes and approves a Cooperative Purchase, Purchase Agreement (Purchase Order), in a form approved by the City Attorney, to National Auto Fleet Group, Watsonville, California, for the purchase of one (1) new Ford Hybrid Police Interceptor Police SUV, in the amount not to exceed $52,528.79; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City

6. Authorizing and approving a Cooperative Purchase, Purchase Agreement (Purchase Order) to National Auto Fleet Group for the purchase of two (2) new 2023 Ford 150 Lightning Crew Cab Pickup trucks (Police Chief Salvador) ACTION: Authorizes approves a Cooperative Purchase, Purchase Agreement (Purchase Order), in a form approved by the City Attorney, to National Auto Fleet Group, Watsonville, California, for the purchase of two (2) new Ford 150 Crew Cab Battery Electric Pickup Trucks, in the combined amount not to exceed $105,545.68; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City.

REPORTS AND PRESENTATIONS FROM STAFF:

Approving Contract Change Order to the Design-Build Agreement with W.M. Lyles Co. for 1,2,3 - TCP Mitigation Project (Community Development Director Thompson) Public Works Director Vinson provided background information on this item.

Mayor Pro Tem Cale opened public comment regarding items on the Consent Calendar.

City Council Member Button spoke regarding the change order.

One person spoke regarding the change order and the completion of the project.

Mayor Pro Tem Cale spoke regarding the funding of the change order.

MOTION: City Council Member Ambriz moved to approve Contract Change Order No. 2 to the Design- Build Agreement with W.M Lyles Co. of Fresno, California for the Guaranteed Maximum Price (GMP) of the 1,2,3-TCP Project in the amount of

City Council Meeting Action Minutes for October 10, 2022 Page 5 $311,401, for a total amount of $23,727,209 to compensate for unanticipated cost increases resulting from extreme market conditions affecting the cost of metal components of the work and authorizes and directs the City Manager to execute the Change Order on behalf of the City. The motion was seconded by City Council Member Button and the vote was: Ayes: Ambriz, Button, Cale; Noes: None; Absent:

Raymond, Creighton. The motion passed.

PUBLIC HEARINGS
Waiving the first reading and introducing an ordinance repealing and replacing Chapter

5.04, "General Provisions" and amending portions of Chapter 5.08, "Schedule of License Fees" of Title 5 of the Atwater Municipal Code (City Attorney Splendorio) City Manager Waterman provided background information on this item.

Mayor Pro Tem Cale opened the public hearing.

No one came forward to speak.

Mayor Pro Tem Cale continued the public hearing to the next regularly scheduled meeting of September 26, 2022.

CITY MANAGER REPORTS/UPDATES:

City Manager Waterman had nothing to report.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person spoke regarding the Public Safety Tax and the support of the community.

One person spoke regarding the Public Safety Tax.

No one else came forward to speak.

CITY COUNCIL MATTERS:

City Council comments
City Council Member Ambriz spoke regarding the event recognizing Fire Station 42 at Victory Baptist Church and the greatness of the officers that were recognized this evening both in leadership and heroism.

City Council Meeting Action Minutes for October 10, 2022 Page 6 City Council Member Button thanks Victory Baptist Church for always serving the community. He also thanked our Law Enforcement for their leadership and heroism.

Mayor Pro Tem spoke regarding the trash collection services in the City of Atwater and releasing a “Request for Proposals.” He also spoke regarding the event recognizing Fire Station 42 at Victory Baptist Church.

ADJOURNMENT:

Mayor Pro Tem adjourned the meeting at 6:59 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
October 24, 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 Terri Rolfe.

INVOCATION:

The Invocation was led by Timothy Miller.

ROLL CALL:

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

Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Community Development Director Thompson,
Battalion Chief Ayuso, Deputy City Clerk Martin
SUBSEQUENT NEED ITEMS: None

City Council Meeting Action Minutes for October 24, 2022 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

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

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

None. The motion passed.

CEREMONIAL MATTERS:

Key to the City - Norman Rolfe
Mayor Creighton and City Council Members present the Key to the City to Norman Rolfe for his many contributions.

Mayor Creighton read the Proclamation.

Mr. Norman Rolfe spoke regarding his acceptance of the Key to the City.

Mayor Creighton called a recess at 6:10 PM.

Mayor and City Council Members returned to the dais at 6:22 PM.

CONSENT CALENDAR:

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

No one came forward to speak.

Public Comment regarding items on the Consent Calendar was closed.

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

The motion passed.

WARRANTS:

1. October 24, 2022
ACTION: Approval of warrants as listed.

TREASURER’S REPORT:

2. August 31, 2022
ACTION: Approval of report as listed.

City Council Meeting Action Minutes for October 24, 2022 Page 3 MINUTES: (City Council)

3. July 25, 2022 – Regular meeting
ACTION: 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).

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).

5. Approving specifications and authorizing advertising and Call for Bids for the purchase of Law Enforcement Sidearms for the Police Department (Police Chief Salvador)
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.

RESOLUTIONS:

6. Approving Budget Amendment regarding appropriation of Abandoned Vehicle Program Funds for the Electronic Citation System (Police Chief Salvador) 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.

7. Approving participation in the Multijurisdictional Housing Element and Cost Sharing Agreement (Community Development Director Thompson) 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.

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)
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-

City Council Meeting Action Minutes for October 24, 2022 Page 4 219-011, 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) ACTION: 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.

REPORTS AND PRESENTATIONS FROM STAFF:

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)
Public Works Director Vinson provided background information on this item.

Mayor Creighton opened public comment regarding this item.

Mayor Creighton closed public comment on this item.

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

PUBLIC HEARINGS
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).

Community Development Director Thompson provided background information on

City Council Meeting Action Minutes for October 24, 2022 Page 5 this item.

Mayor Creighton opened public comment regarding this item.

Mayor Creighton closed public comment on this item.

City Council Member Raymond provided comments regarding this item.

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

CITY MANAGER REPORTS/UPDATES:

Discussion and possible action regarding the unscheduled vacancy for the position of City Clerk as a result of the resignation of City Clerk Armstrong.

City Manager Waterman provided background information on this item.

Mayor Creighton opened public comment regarding this item.

One person spoke regarding this item.

One person spoke regarding this item and asked regarding compensation.

Mayor Creighton closed public comment on this item.

Mayor Creighton asked regarding the term and the duties of the City Clerk.

City Attorney Splendorio provided background information on this item.

City Council Member Ambriz asked regarding the amount times this position has been vacated.

Mayor Pro Tem asked regarding qualified candidates.

City Council Member Raymond asked regarding the special meeting to be scheduled on November 1, 2022.

City Council Meeting Action Minutes for October 24, 2022 Page 6 City Attorney Splendorio clarified how to have the failed motion reconsidered.

MOTION: City Council Member Ambriz moved to open the City Clerk position to all eligible residents appointed at a special meeting, first week of November. The motion was seconded by Mayor Pro Tem Cale and the vote was: Ayes: Cale, Ambriz; Noes: Raymond, Button, Creighton; Absent: None. The motion fails.

MOTION: City Council Member Ambriz moved to reconsider the item. The motion was seconded by Mayor Creighton and the vote was: Ayes: Ambriz, Button, Cale, Creighton; Noes: Raymond; Absent: None. The motion passed.

MOTION: City Council Member Ambriz moved to table the item to a special meeting on November 1, 2022 at 6:00 PM. The motion was seconded by City Council Member Button and the vote was: Ayes: Raymond, Cale, Button, Ambriz, Creighton; Noes:

None; Absent: None. The motion passed.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person spoke regarding the Public Safety Tax and the support of the community.

One person spoke regarding the opening of the Ice-Skating rink downtown and Christmas in Atwater at Bloss Mansion.

No one else came forward to speak.

CITY COUNCIL MATTERS:

City Council comments
City Council Member Ambriz spoke regarding a fundraiser for the Atwater softball team and the importance of the election.

Mayor Pro Tem Cale spoke regarding the grand opening of Pete’s coffee, the Key to the City “Norman Rolfe,” a great job to Timothy Miller, and a great job to Old Town Atwater. He spoke regarding regulations and enforcement with fireworks.

City Council Member Button had nothing to report.

City Council Member Raymond spoke regarding the importance of the election.

Mayor Creighton spoke regarding the Key to the City ceremony, and the Rolfe family. He also spoke regarding the upcoming Holiday season for Atwater.

City Council Meeting Action Minutes for October 24, 2022 Page 7 ADJOURNMENT:

Mayor Creighton adjourned the meeting at 7:07 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

SUCCESSOR AGENCY TO

THE REDEVELOPMENT

AGENCY AGENDA REPORT

MEETING DATE: December 12, 2022
TO: Chair and Board of Directors of the Atwater Housing Successor FROM: Lori Waterman, City Manager
PREPARED BY: Jeanna Del Real, Deputy City Manager
SUBJECT: Certifying the Canvassing of Votes in the November 8, 2022, General Municipal Election; authorizing execution of
agreements with the State of California Department of Tax and Fee Administration for the implementation of a Local
Transactions and Use Tax; and authorizing CDTFA
examination of Sales or Transactions and Use Taxes Records (City Manager Waterman)

RECOMMENDED COUNCIL ACTION
Motion to Adopt Resolution No. 3357-22 Certifying the canvassing of votes in the November 8, 2022, General Municipal Election;
Adopt Resolution No. 3359-22 authorizing and directing the Mayor to execute a Preparatory Agreement and Administrative Agreement with the State of California Department of Tax and Fee Administration for the implementation of a Local Transactions and Use Tax; and
Adopt Resolution No. 3360-22 Authorizing Examination of Sales or Transactions and Use Taxes Records.

Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

On June 27, 2022, the City Council adopted Resolution No. 3323-22 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of the Mayor (at large) and two (2) Members of the City Council within the boundaries of District Three (3) and District Four (4), as required by the provisions of the laws of the State of California relating to General Law Cities. These positions are for the full term of four (4) years.

On July 25, 2022, the City Council adopted Resolution No. 3341-22 calling for the

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

Agenda Report - Page 2

placement of a locally controlled special tax measure on the ballot for the November 8, 2022, General Municipal Election and submitting a proposed ordinance for a public safety special transactions use tax (“Sales Tax”) at the rate of one cent (1ȼ) to fund Police, Fire, and 911 Emergency Response Services.

The adopted resolutions also requested the Board of Supervisors of the County of Merced to call and consolidate the City’s General Municipal Election with the statewide Presidential General Election to be held on that date pursuant to §10403 of the Elections Code.

ANALYSIS:

On November 22, 2022, the Merced County Registrar of Voters certified the facts of the General Municipal Election held in the City of Atwater on the 8th day of November, 2022 for the election of Mayor, two (2) Members of the City Council (District 3 and District 4) and Measure B as identified above (EXHIBIT “A”). The Merced County Registrar of Voters Office canvassed the November 8, 2022 votes digitally and published copies of the final certified results on the Merced County Registrar of Voters' website. Said results are included as an attachment to Resolution No. 3357-22.

In accordance with California Elections Code §10263(b), when a city election is consolidated with a statewide election, a newly elected official is to be installed in office no later than the next regularly scheduled city council meeting after a certified statement of the results of the election is submitted by the county elections official to the City Council, or at a special meeting called for this purpose.

The State of California Department of Tax and Fee Administration (“CDTFA”) administers and collects the transactions and use taxes for all applicable jurisdictions with the state. The CDTFA will be responsible to administer and collect the transactions and use tax for the City. The CDTFA requires the City enter into a “Preparatory Agreement” and an “Administrative Agreement” (attached to Resolution 3359-22) prior to implementation of said taxes which are expected to become operative either April 1, 2023 or July 1, 2023 depending on CDTFA implementation. Said agreements must be authorized by the legislative body by resolution. Resolution No. 3359-22 has been prepared to meet the CDFTA’s requirements.

Additionally, it is desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the CDFTA pertaining to transactions and use taxes collected by the CDFTA pursuant to the agreements listed above. Resolution No. 3360-22 specifically lists the position titles authorized to access confidential sales or transactions and use tax records. The resolution also grants authority to the City Manager to designate other officers or employees by a written designation notice to the CDFTA. This resolution has been prepared by CDTFA and is standard and customary for implementation of local taxes.

Agenda Report - Page 3

II. FISCAL IMPACTS:

The estimated costs associated with this election are included in Fiscal Year 2022-23 Budget, General Fund, City Administration/City Clerk Department, Professional Services, Account No. 0001.1010.3030. Revenues from the measure could generate approximately $4,000,000 annually for public safety expenditures. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The registered voters within the City of Atwater city limits determined the outcome of the City’s elected officials and the submitted Measure as placed on the ballot.

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 change in the environment, pursuant to Public Resources Code Section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon adoption of the attached resolutions, the outgoing elected officials will have an opportunity to provide closing statements. The newly elected officials will be sworn into office. The City Clerk’s office will obtain the required signatures and transmit the agreements and resolutions to the CDTFA for administration and collection of the transactions and use tax for the City.

Submitted and Approved by:

Agenda Report - Page 4

Lori Waterman, City Manager
Attachments:

1. Certification of Registrar of Voters of the Results of the Canvass of the November 8, 2022 General Election

2. 2061_001

3. Summary Results Report Official Certified Results Final election Update November 22, 2022 (Measure)

4. Resolution No. 3357-22 Certifying Canvassing of Votes November 8 2022 Election-c1

5. Preparatory Agreement-c1

6. Administration Agreement-c1

7. Reso No. 3359-22 Resolution Authorizing Execution of Agreements

8. Reso No. 3360-22 Resolution Authorizing Execution of Agreements

CERTIFICATION OF

REGISTRAR OF VOTERS OF THE

RESULTS OF THE CANVASS
OF THE NOVEMBER 8, 2022, GENERAL ELECTION
STATE OF CALIFORNIA}
COUNTY OF MERCED ss.

I, Darlene E. Ingersoll, Registrar of Voters of County of Merced, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true and correct.

I hereby set my hand and official seal this 22
nd day of November, 2022 at the
County of Merced.
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State of California

HELP AMERICA VOTE ACT OF 2002

CERTIFICATION OF ELECTIONS OFFICIAL
STATE OF CALIFORNIA }
COUNTY OF MERCED ss.

Pursuant to the statewide voter registration list requirements set forth in the Help America Vote Act of 2002 (HAVA) 52 U.S.C § 21083),
I, Darlene E. Ingersoll, Registrar of Voters for the County of Merced, State of California, hereby certify that I complied with all provisions of Chapter 2 of Division 7 of Title 2 of the California Code of Regulations for the Federal election held on the 8 th day
of November 2022, in the County of Merced, State of California, and all elections consolidated therewith.

I hereby set my hand and official seal this 22
nd day of November, 2022 at the
County of Merced.

County of Merced
State of California

Merced County
General Election
November 8, 2022
Summary Results Report
Official Certified Results
Final Election Update
City of Atwater Mayor
Vote For 1

JOHN GALEN CALE

MIKE NELSON
Write-In Totals
Not Assigned
Total Votes Cast
Overvotes
Undervotes
Contest Totals ~ - >·.V.~-~--
Precincts Reportinq
TOTAL
1,977
4,22)
49 49
6,247
3 386
6,636
14 of 14
City of Atwater Councilmember, District 3
Vote For 1
TOTAL
DANNY AMBRIZ 533 , .. ,. "
JAMES E. MURPHY Ill 482 , ·~ ,._ ,.,~ ~-- ,.,
Write-In Totals 11
Not Assigned 11
Total Votes Cast 1,02~ .. ... ..,.. - -~ .,
Overvotes
Undervotes 104 ....... ,._._ ~--
Contest Totals 1,131 ; ~ . ~N.

Precincts Reporting 3 of 3
City of Atwater Councilmember, District 4
Vote For 1
TOTAL
BRIAN RAYMOND .],53_1
Write-In Totals 74
Not Assigned 74
Total Votes Cast 1,60?,
Overvotes 0
Undervotes 359
Contest Totals 1,?§§
Precincts Reporting 3 of 3
City of Dos Palos Councilmember
Vote For 2
TOTAL
DEBOR_AH /INN ORL_/\NDO 520
THOMAS LEE PIGG 668
Write-In Totals 24
NO! Assig~-~~ 24
Total Votes Cast 1,212
Overvotes 0
Undervotes 866
Contest Totals 2,078
Precincts Reporting 6 of 6
Election Summary - 11/22/2022 3:00 PM
Report generated with Electionware Copyright© 2007-2019 13 of 21

Merced 'county
General Election
November 8, 2022
Summary Results Report
Official Certified Results
Final Election Update
Proposition 30
Vote For 1
Yes
No
Total Votes Cast
Overvotes
undervotes
Contest Totals
Precincts Reporting
Proposition 31
Vote For 1
Yes
No
Total Votes Cast
Overvotes
Undervotes
Contest Totals
Precincts Reporting
TOTAL
20,450
33,808
54,258
14 1,457
55,729
299 of
299
TOTAL
29,505
24,423
53,928
15 1,786
55,729
299 of
29~
Measure A Planada Elementary School District- 55% Vote Required Vote For 1
TOTAL
Yes 401
No 195
Total Votes Cast 596
Overvotes 0
Undervotes 17
Contest Totals 613
Precincts Reporting 3 of 3
Measure B City of Atwater - 2/3 Vote Required
Vote For 1
TOTAL
Yes 4,721
No 1,683,
Total Votes Cast 6,40~
Overvotes 2
Undervotes 216
Contest Totals ~,622
Precincts Reporting 14 of 14
Election Summary -11/22/2022 3:00 PM
Report generated with Electionware Copyright© 2007-2019 20 of 21

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3357-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER CERTIFYING THE CANVASSING
OF VOTES IN THE NOVEMBER 2022 GENERAL

MUNICIPAL ELECTION AND DECLARING THE

RESULTS
WHEREAS, a General Municipal Election was held and conducted in the City of Atwater, California on Tuesday, November 8, 2022, as required by law; and WHEREAS, the Notice of Election was given in time, form, and manner as provided by law; that candidates were nominated to fill the vacancies as provided by law; that voting precincts were properly established; and that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in time, form, and manner as required by provisions of the laws of the State of California relating to general law cities; and WHEREAS, the County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council as shown below; and WHEREAS, the final certified elections results does not show the whole number of votes cast in the City of Atwater at the General Municipal Election, and instead shows the number of votes cast for each separate election within the City of Atwater; and WHEREAS, by this resolution of the City of Atwater City Council, the City’s Elections Official, the City Clerk, declares and certifies to the City Council the official results received, which are attached hereto and incorporated herein as Exhibit A, the Statement of the Vote.

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

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

Resolution No. 3357-22 Page 2

2. That the following persons received the following number of votes for the City Mayor position:

John G Cale…………………………………………………………………1,977
Mike Nelson………………………………………………………………...4,221
Write-in………………………………………………………………………….49

3. That the following persons received the following number of votes for the City Council Member District Three (3) position:

Danny Ambriz..……………………………………………………………….533
James E. Murphy III…..……………………………………………………...193
Write-in………………………………………………………………………….11

4. That the following persons received the following number of votes for the City Council Member District Four (4) position:

Brian Raymond…………………………………………………………….1,533
Write-in………………………………………………………………………....74

5. That ballot measure B received the following number of votes:

Yes…………………………………………………………………………..4,721
No……………………………………………………………………………1,683

6. That the City Council of the City of Atwater, California, does hereby declare and determine that: Mike Nelson was elected Mayor; Danny Ambriz was elected as Council Member District Three (3) for a full term of four (4) years; Brian Raymond was elected as Council Member District Four (4) for a full term of four (4) years; Ordinance No. CS 1050 Measure B, the local sales tax.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall enter into the records of the City Council of the City of Atwater, a statement of the results of the election, showing: (1) the whole number of votes cast in the City: (2) the names of the persons votes for; (3) for what office each person was voted for; (4) the number of votes given at each precinct to each person; and (5) the total number of votes given to each person and Measure.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall immediately prepare and present to each of the person(s) so elected a Certificate of Election signed by the City’s Elections Official, authenticated by the Certified Statement of the Vote; that

Resolution No. 3357-22 Page 3
the City Clerk or other authorized Official shall administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into their respective office to which they have been elected.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

The foregoing resolution is hereby adopted this 12th day of December 2022.

AYES:

NOES:

ABSENT:

APPROVED:
_______________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

1 AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Atwater hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

2 6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)

7. Communications and notices may be sent by first class United States mail.

Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:

Lori Waterman, City Manager
1160 Fifth Street
Atwater, CA 95301

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

CITY OF ATWATER CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
(Lori Waterman)
(City Manager)
(Rev. 11/17)

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Atwater has adopted, and the voters of the City of Atwater (hereafter called “City” or “District”) have approved by the required majority vote, the City of Atwater Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:

ARTICLE I

DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.91, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. CS 1050, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.

(Rev. 10/17) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s selfimposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to

(Rev. 10/17) 3
the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.

F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City.

Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

(Rev. 10/17) 4

ARTICLE III

ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part

1.6 of Division 2 of the Revenue and Taxation Code:

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

(Rev. 10/17) 5

ARTICLE V

MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate. A notification is complete when deposited in the mail.

Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:

City of Atwater
1160 Fifth Street
Atwater, CA 95301
Attention: City Manager
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on July 1, 2023. This Agreement shall be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

(Rev. 10/17) 6
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.

(Rev. 10/17) 7

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

(Rev. 10/17) 8

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF ATWATER CALIFORNIA STATE DEPARTMENT OF

TAX AND FEE ADMINISTRATION
By By
Paul Creighton, Mayor Administrator
Local Revenue Branch

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3359-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ATWATER AUTHORIZING THE MAYOR TO

EXECUTE AGREEMENTS WITH THE CALIFORNIA

DEPARTMENT OF TAX AND FEE ADMINISTRATION

FOR IMPLEMENTATION OF A LOCAL

TRANSACTIONS AND USE TAX
WHEREAS, on December 12, 2022, the City Council approved Ordinance No. 1050 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes; and WHEREAS, the Department requires that the City Council authorize the agreements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atwater as follows:
“Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the Mayor is hereby authorized to execute each agreement.

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Atwater held on December 12, 2022.

Resolution No. 3359-22 Page 2
AYES:

NOES:

ABSENT:

APPROVED
_____________________________

PAUL CREIGHTON, MAYOR
ATTEST:
______________________________

KORY BILLINGS, CITY CLERK

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3360-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ATWATER AUTHORIZING EXAMINATION OF

SALES OR TRANSACTIONS AND USE TAXES

RECORDS
WHEREAS, pursuant to Ordinance No. CS 1050 of the City of Atwater (District), and Revenue and Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the Board of the District deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;

NOW, THEREFORE, THE BOARD OF THE DISTRICT OF CITY OF ATWATER HEREBY RESOLVES AS FOLLOWS:

Section 1. That the City Manager, or other officer or employee of the District designated in writing by the Mayor to the California Department of Tax and Fee Administration is hereby appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department pursuant to the contract between the District and the Department.

Resolution No. 3360-22 Page 2
Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to that contract.

Section 3. That Avenu Insights is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribution of sales or transactions and use taxes that was filed by Avenu Insights on behalf of the District pursuant to the contract between the Avenu Insights and District. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the District and Avenu Insights:
a) has an existing contract with the District to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

Section 4. That this resolution supercedes all prior resolutions of the Board of the District adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

Introduced, approved and adopted this 12th day of December 2022.

I, _________________________, City Clerk of the City of Atwater, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the Board of the District [District Name], at a regular meeting of said Board held on the ________ day of ____________________, 20___, by the following roll-call vote:

Resolution No. 3360-22 Page 3
AYES:

NOES:

ABSENT:

APPROVED
_____________________________

PAUL CREIGHTON, MAYOR
ATTEST:
______________________________

KORY BILLINGS, CITY CLERK

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
AS OF 10/31/2022
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 11,218,492.81 881,866.33 889,893.35 11,210,465.79 0003 General Fund Capital 441,776.70 0.00 43,377.78 398,398.92 0004 Public Safety Trans & Use Tax 576,886.22 228,959.08 91,529.37 714,315.93 0005 Ferrari Ranch Project Fund 21,088.45 0.00 0.00 21,088.45 0007 Measure V Fund 3,462,195.12 64,882.06 0.00 3,527,077.18 0008 Measure V 20% Alternative Modes 599,757.83 16,220.51 2,376.38 613,601.96 0009 Abandoned Veh Abatement Fund (1,804.67) 0.00 1,677.05 (3,481.72) 0010 Measure V Regional Fund (3,670.26) 0.00 3,200.00 (6,870.26) 1005 Police Grants Fund 84,241.50 0.00 0.00 84,241.50
1010 ARPA-American Rescue Plan Act 5,445,266.62 0.00 190,278.25 5,254,988.37 1011 Gas Tax/Street Improvement (111,002.37) 68,180.03 62,364.01 (105,186.35) 1013 Local Transportation Fund 601,410.96 425.68 0.00 601,836.64 1015 Traffic Circulation Fund 1,474,810.56 1,763.96 0.00 1,476,574.52 1016 Applegate Interchange 768,961.80 0.00 0.00 768,961.80 1017 RSTP-Regional Surface Transp Prag 2,697,979.76 0.00 3,459.32 2,694,520.44 1018 SB1-Road Maint & Rehab RMRA 1,894,322.49 60,014.84 3,593.25 1,950,744.08 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,375,138.45 2,382.00 61,530.00 2,315,990.45 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 755,793.94 500.00 0.00 756,293.94 1091 Police Facility Impact Fee 211,314.06 609.00 0.00 211,923.06 1093 Fire Facility Impact Fee 189,056.50 789.88 131.48 189,714.90 1095 Government Building Facility 271,418.92 625.50 0.00 272,044.42 3064-67 Redevelopment/Successor Agency Funds 1,866,235.08 867.83 0.00 1,867,102.91 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 2,592.50 190.00 0.00 2,782.50

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 10/31/2022
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00
4080 Pension Rate Stblztn 115 Trust 235,029.11 8,454.87 0.00 243,483.98 4090 CFD No. 1 Trust 130,788.82 0.00 0.00 130,788.82
5001-55 All Maintenance Districts 1,329,588.88 0.00 25,103.24 1,304,485.64 5050 CFD Districts (129,814.37) 0.00 25,977.18 (155,791.55) 6000 Water Enterprise Fund 9,000,903.53 861,782.68 379,616.00 9,483,070.21 6001 Water Fund Capital Replacement 2,475,492.13 0.00 47,366.11 2,428,126.02 6002 DBCP Settlement 20,540.74 0.00 0.00 20,540.74
6004 Water Well- Buhach Colony 183,572.47 0.00 0.00 183,572.47 6005 Water Capital Impact Fees 2,522,641.31 13,435.25 0.00 2,536,076.56 6006 Water Operating Reserve Fund 179,999.84 0.00 0.00 179,999.84 6007 1,2,3-TCP Fund 16,534,479.59 0.00 1,013,161.34 15,521,318.25 6010 Sewer Enterprise Fund 15,869,059.00 1,545,795.75 816,045.61 16,598,809.14 6011 Sewer Fund Capital Replacement 3,584,274.28 8,425.00 0.00 3,592,699.28 6020 Sanitation Enterprise 2,779,516.06 353,233.49 275,176.39 2,857,573.16 7000 Internal Service Fund 486,586.63 753.25 86,105.79 401,234.09 7001 ISF Equipment/Bldg Replacement 0.00 0.00 0.00 0.00 7010 Employee Benefits Fund 801,708.43 5,431.12 53,689.56 753,449.99 7020 Risk Management 580,649.76 2,835.00 213,704.00 369,780.76 7030 Information Technology 500,549.24 0.00 50,777.93 449,771.31 9090 Accrued Interest Fund 153,727.89 189,208.94 0.00 342,936.83 TOTAL 93,057,033.98 4,317,632.05 4,340,133.39 93,034,532.64 Prepared by:

Patty T
Wejeda, F~
inance Operations Manager
.../---
Approved by:_,4"'-->""""""""~-.L...-=;_,=---~--'=· ~ __ Mark Borba, City Treasurer

Statement of Changes in Cash Balan~e
by Bank
As of 10/31/2022
Beg. Period Cash Cash End Period
Balance Debits Credits Balance
City - LAIF 55,210,766.04 187,861.94 55,398,627.98
City - RMA Long-Term Investment Fund 1,154,485.00 1,347.00 1,155,832.00 City Checking & Investment Accounts 8,327,425.44 4,119,968.24 3,899,011.63 8,548,382.05 Wastewater Checking 6,588,171.01 371,371.33 6,216,799.68 RA Obligation Retirement Fund 6.59 6.59 0.00
US Bank/Chandler Asset Mgt. 21,541,150.79 69,743.84 21,471,406.95 PARS Post-Employment Benefits Trust 235,029.11 8,454.87 243,483.98 Totals 93,057,033.98 4,317,632.05 4,340,133.39 93,034,532.64 Prepared by: W;;) ~'___.
/,~ 7-- ~· -----,ll!'l...) -· _
Patty Tejed~, ~rations Manager
Approved by:~
Mark Borba, Ci
~
ty 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.

Bank Account Detail
City LAIF
Chandler Asset Mgt.

US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
55,398,627.98
1,155,832.00
21,471,406.95
243,483.98
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
9,910,137.09
6,216,799.68

0.00

WARRANTS SUMMARY FOR NOVEMBER 28 2022
TOTAL OF WARRANTS {FROM WARRANT REPORT) 634,886.92 l

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

DATE DESCRIPTION AMOUNT
11/28/20221Prewrittens included in this current warrant run 11/21/2022 AFLAC - NOV 2022
11/14/2022 PERS Retirement EFT 10/27 /22 - 11/9/22
11/21/2022 APOA Union Dues 11/9/22 Payroll
11/21/2022 EPARS Employee 457 Plan 11/9/22 Payroll
11/21/2022 VANTAGEPOINT Deferred Comp Plan 457 11/9/22 Payroll 11/21/2022 STATE DISBURSEMENT Child Support 11/9/22 Payroll $ {1,838.81)
$ 627.97
$ 50,781.80
$ 2,262.45
$ 3,433.00
$ 50.00
$ 691.36
TOTAL ADDITIONAL WARRANTS $ 56,007.77
GRAND TOT AL OF WARRANTS PAID ----------------------------------------------------------------------- $ 690,894.69 !INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) !DATE I DESCRIPTION !AMOUNT
11/17/2022 Net Payroll $ 181,439.42 $ 251,126.92
11/17/2022 Federal Taxes $ 61,330.50
11/17/2022 State Taxes $ 8,357.00
11/17/2022 Payroll Deductions $ 1,083.45
TOTAL INFORMATIONAL WARRANTS $ 252,210.37

CITY TREASURER

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
11/28/2022 - 12:54 PM P(<0- wfrtf m
A
c.:uyof
tvvater
Cu,mrntnitv.l'ridf." Cit>' Jf'id,
760 Bellevue R.ooo, ~ CA963Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 2lll7 11/18/2022 Internal Service Fund Special Departmental Expense DEPT. OF MOTOR VEHICLES 23.00 Check Total: 23.00
21118 11/18/2022 Sewer Enterprise Fund Professional Services MARYWALLS 732.36 Check Total: 732.36
21119 11/21/2022 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 818.04 Check Total: 818.04
21120 11/21/2022 General Fund Garnishments FRANCHISE TAX BOARD 265.41 Check Total: 265.41
Report Total: 1,838.81
AP-Checks for Approval (11/28/2022 - 12:54 PM) Pagel

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
11/28/2022 - 12:57 PM 760 Bellevue Roact. ~ CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 11/28/2022 General Fund Special Departmental Expense CHASE 14.06 0 11/28/2022 General Fund Special Departmental Expense CHASE 52.70 0 11/28/2022 General Fund Special Departmental Expense CHASE 40.30 0 11/28/2022 General Fund Special Departmental Expense CHASE 27.36 0 11/28/2022 General Fund Special Departmental Expense CHASE 39.64 0 11/28/2022 General Fund Travel/Conferences/Meetings CHASE 500.00 0 11/28/2022 General Fund Travel/Conferences/Meetings CHASE 750.00 0 11/28/2022 General Fund Memberships & Subscriptions CHASE 225.00 0 11/28/2022 General Fund Training CHASE 450.00
0 11/28/2022 General Fund Special Departmental Expense CHASE 12.00 0 11/28/2022 General Fund Special Departmental Expense CHASE 12.00 0 11/28/2022 General Fund Special Departmental Expense CHASE 12.00 0 11/28/2022 General Fund Special Departmental Expense CHASE 12.00 0 11/28/2022 General Fund Special Departmental Expense CHASE 12.00 0 11/28/2022 General Fund Special Departmental Expense CHASE 12.00 0 11/28/2022 General Fund Special Departmental Expense CHASE 12.00 0 11/28/2022 General Fund Special Departmental Expense CHASE 771.91 0 11/28/2022 General Fund Uniform & Clothing Expense CHASE 72.91 0 11/28/2022 General Fund Uniform & Clothing Expense CHASE 83.15 0 11/28/2022 General Fund Professional Services CHASE 12.50 0 11/28/2022 General Fund Professional Services CHASE 8.25 0 11/28/2022 General Fund Professional Services CHASE 28.65 0 11/28/2022 General Fund Professional Services CHASE 14.99 0 11/28/2022 General Fund Communications CHASE 45.47
0 11/28/2022 General Fund Communications CHASE 45.47
0 11/28/2022 General Fund Communications CHASE 643.95
0 11/28/2022 General Fund Training CHASE 11.60
0 11/28/2022 General Fund Training CHASE 28.30
0 11/28/2022 General Fund Training CHASE 23.65
0 11/28/2022 General Fund Training CHASE 30.51
0 11/28/2022 General Fund Training CHASE 10.90
0 11/28/2022 General Fund Training CHASE 11.03
0 11/28/2022 General Fund Training CHASE 10.90
0 11/28/2022 General Fund Training CHASE 1,041.40
AP-Checks for Approval (11/28/2022 - 12:57 PM) Page I

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 11/28/2022 General Fund Training CHASE -0.05
0 11/28/2022 General Fund Training CHASE 27.70
0 11/28/2022 General Fund Training CHASE 15.75
0 11/28/2022 General Fund Machinery & Equipment CHASE 2,085.32 0 11/28/2022 General Fund Improvements Other Than Bldg CHASE 1,259.45 0 11/28/2022 General Fund Youth Flag Football CHASE 15.14 0 11/28/2022 General Fund Youth Flag Football CHASE 555.36 0 11/28/2022 General Fund Youth Volleyball CHASE 98.15
0 11/28/2022 General Fund Special Departmental Expense CHASE 190.31 0 11/28/2022 ARPA-American Rescue Plan Act Memberships & Subscriptions CHASE 482.87 0 11/28/2022 Water Enterprise Fund Special Departmental Expense CHASE 195.00 0 11/28/2022 Water Enterprise Fud Special Departmental Expense CHASE 84.44 0 11/28/2022 Internal Service Fund Special Departmental Expense CHASE 219.59 0 11/28/2022 Internal Service Fund Special Departmental Expense CHASE -274.87 0 11/28/2022 Internal Service Fund Special Departmental Expense CHASE 137.43 0 11/28/2022 Internal Service Fund Operations & Maintenance CHASE 100.59 0 11/28/2022 Internal Service Fune. Operations & Maintenance CHASE 107.48 0 11/28/2022 Internal Service Fune. Operations & Maintenance CHASE 110.83 0 11/28/2022 Internal Service Fune. Operations & Maintenance CHASE 152.82 0 11/28/2022 Internal Service Fune. Operations & Maintenance CHASE 1,077.54 0 11/28/2022 Internal Service Fune. Operations & Maintenance CHASE 700.00 0 11/28/2022 Internal Service Fune. Operations & Maintenance CHASE 80.04 0 11/28/2022 Internal Service Fune. Operations & Maintenance CHASE 11.44 0 11/28/2022 Risk Management Fund Special Departmental Expense CHASE 194.74 0 11/28/2022 Information Technology Fund Special Departmental Expense CHASE 114.00 0 11/28/2022 Information Technology Fund Special Departmental Expense CHASE 28.12 0 11/28/2022 Information Technology Fund Special Departmental Expense CHASE 95.20 0 11/28/2022 Information Technology Fund Special Departmental Expense CHASE 12.00 0 11/28/2022 Information Technology Fund Special Departmental Expense CHASE 600.00 0 11/28/2022 Public Safety Trans & Use Tax Rents & Leases U.S. BANK EQUIPMENT FINANCE 1,674.65 Check Total: 15,229.64
21121 11/28/2022 Internal Service Fund Professional Services ADVANCED HEATING & AIR 95.00 Check Total: 95.00
21122 11/28/2022 Sanitation Enterprise Fund Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 261,824.47 - Check Total: 261,824.47
21123 11/28/2022 Internal Service Fund Utilities AMERIGAS - MODESTO 3,356.91 ---
Check Total: 3,356.91 --
21124 11/28/2022 Water Enterprise Fund Professional Services AQUA METRIC 10,191.85 AP-Checks for Approval (11/28/2022 - 12:57 PM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 10,191.85
21125 11/28/2022 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK 445.52 Check Total: 445.52
21126 11/28/2022 General Fund Communications AT & T MOBILITY I 31.40 Check Total: 131.40
21127 11/28/2022 General Fund Communications AT and T - CALNET3 131.40 21127 11/28/2022 Northwood Village LD Communications AT and T- CALNET3 23.76 21127 11/28/2022 Meadow View LD Communications AT and T - CALNET3 23.76 21127 11/28/2022 Water Enterprise Fund Communications AT and T - CALNET3 259.68 21127 11/28/2022 Sewer Enterprise Fund Communications AT and T - CALNET3 355.70 21127 11/28/2022 Internal Service Fund Communications AT and T - CALNET3 559.12 Check Total: 1,353.42
21128 11/28/2022 General Fund Communications AT&T 219.35 Check Total: 219.35
21129 11/28/2022 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 340.00 Check Total: 340.00 r
21130 11/28/2022 Internal Service Fund Special Departmental Expense ATWATER GLASS 1,914.26 21130 11/28/2022 Internal Service Fund Professional Services ATWATER GLASS 500.00 Check Total: 2,414.26
21131 11/28/2022 Sewer Enterprise Fund Special Departmental Expense ATWATER TINT 660.00 Check Total: 660.00
21132 11/28/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 B & B PLUMBING 5,631.02 21132 11/28/2022 Internal Service Fund Special Departmental Expense B & B PLUMBING 339.24 21132 11/28/2022 Internal Service Fund Professional Services B & B PLUMBING 2,600.00 Check Total: 8,570.26 ,,.,
21133 11/28/2022 Water Enterprise Fund Special Departmental Expense BACKFLOW APPARATUS & VALVE CO. 2, I 02.30 Check Total: 2,102.30
21134 11/28/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,311.65 21134 l l/28/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 4,079.99 21134 11/28/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 360.39 AP-Checks for Approval (11/28/2022 - 12:57 PM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 7,752.03
21135 11/28/2022 General Fund Professional Services BEST BEST & KRIEGER 18,518.00 21135 11/28/2022 General Fund Professional Services BEST BEST & KRIEGER 390.00 21135 11/28/2022 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 974.50 21135 11/28/2022 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 199.50 21135 11/28/2022 Sanitation Enterprise Fund Professional Services BEST BEST & KRIEGER 385.50 Check Total: 20,467.50
21136 11/28/2022 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 121.52 21136 11/28/2022 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 28.56 21136 11/28/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 209.17 21136 11/28/2022 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 14.52 Check Total: 373.77
21137 11/28/2022 Risk Management Fund Professional Services RICHARD BLAK, PHO 450.00 Check Total: 450.00
21138 11/28/2022 Water Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 21138 11/28/2022 Water Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 400.00 -
21139 11/28/2022 Sewer Enterprise Fund Professional Services BSK ASSOCIATES 4,365.00 21139 11/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 21139 11/28/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 Check Total: 4,701.00
21140 11/28/2022 General Fund Machinery & Equipment CAL FARM SERVICES 14,786.35 -
21140 11/28/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 4.31 21140 11/28/2022 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 60.00 Check Total: 14,850.66
21141 11/28/2022 General Fund Special Departmental Expense CALBO 210.00 Check Total: 210.00 .,.
21142 11/28/2022 Sewer Enterprise Fund Special Departmental Expense CALIFORNIA INDUSTRIAL 1,787.21 Check Total: 1,787.21
21143 11/28/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 624.63 21143 11/28/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 68.41 21143 11/28/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 26.90 AP-Checks for Approval (11/28/2022 - 12:57 PM) Page4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21143 ll/28/2022 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 168.00 Check Total: 887.94
21144 11/28/2022 General Fund Professional Services CENTRAL VALLEY FORENSIC NURSING SPEC 1,200.00 ---
Check Total: 1,200.00
21145 11/28/2022 Water Enterprise Fund Special Departmental Expense CHARTER CAPITAL 3,962.16 ---
Check Total: 3,962.16
21146 l l/28/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 21146 11/28/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21146 11/28/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 21146 l l/28/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 21146 11/28/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 21146 11/28/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 48.73 21146 l l/28/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 17.43 21146 11/28/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 Check Total: 219.80 -
21147 11/28/2022 Internal Service Fund Utilities COMCAST CABLE 21.60 21147 11/28/2022 Internal Service Fund Communications COMCAST CABLE 152.22 21147 11/28/2022 Internal Service Fund Communications COMCAST CABLE 425.01 Check Total: 598.83
21148 11/28/2022 General Fund Communications COOK'S COMMUNICATIONS 1,691.03 ---
Check Total: 1,691.03 ./
21149 l l/28/2022 General Fund Inspection Fees CSG CONSULTANTS, INC. 3,648.00 21149 11/28/2022 General Fund Inspection Fees CSG CONSULTANTS, INC. 4,536.00 21149 11/28/2022 General Fund Inspection Fees CSG CONSULTANTS, INC. 5,664.00 21149 l l/28/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 7,566.93 2ll49 11/28/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 4,560.56 21149 11/28/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 2,603.43 21149 l l/28/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 147.00 21149 11/28/2022 General Fund Plan Check Fees CSG CONSULTANTS, INC. 147.00 Check Total: 28,872.92
21150 l l/28/2022 General Fund Professional Services D & D PEST CONTROL 55.00 21150 l 1/28/2022 General Fund Professional Services D & D PEST CONTROL 55.00 Check Total: 110.00
21151 l l/28/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #l DATA PATH, INC. 552.60 AP-Checks for Approval (11/28/2022 - 12:57 PM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 552.60
21152 11/28/2022 Internal Service Fund Professional Services DELRAY TIRE 247.50 21152 11/28/2022 Internal Service Fund Operations & Maintenance DELRAYTIRE 5,125.57 Check Total: 5,373.07
21153 11/28/2022 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 1,490.00 ---
Check Total: 1,490.00
21154 11/28/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 113.11 21154 11/28/2022 General Fund Uniform & Clothing Expense ELITE UNIFORMS 49.73 Check Total: 162.84 ....
21155 11/28/2022 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 7,208.15 Check Total: 7,208.15
21156 11/28/2022 General Fund Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE1 2,580.00 21156 11/28/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE1 53.75 21156 11/28/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE1 53.75 21156 11/28/2022 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE1 53.75 21156 11/28/2022 Bell Crossing LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE1 107.50 Check Total: 2,848.75
21157 11/28/2022 General Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 254.14 Check Total: 254.14
21158 11/28/2022 General Fund Office Supplies FEDERAL EXPRESS 126.72 Check Total: 126.72
21159 11/28/2022 Ferrari Ranch Project Fund Professional Services JOHN FERRARI 21,088.45 21159 11/28/2022 Ferrari Ranch Project Fund Reimbursable Fees JOHN FERRARI -2,272.90 Check Total: 18,815.55
21160 11/28/2022 Sewer Enterprise Fund Professional Services FOSTER'S PUMPS, INC. 202.50 Check Total: 202.50
21161 11/28/2022 Internal Service Fund Operations & Maintenance GARTON TRACTOR INC 1,584.46 Check Total: 1,584.46
21162 11/28/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 72.86 AP-Checks for Approval (11/28/2022 - 12:57 PM) Page 6

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 72.86 -
21163 11/28/2022 General Fund Castle Park Deposits JASON HASTINGS 200.00 Check Total: 200.00 ,....
21164 11/28/2022 General Fund Professional Services HINDERLITER, DE LLAMAS & ASSOCIATES 195.00 Check Total: 195.00
21165 11/28/2022 General Fund Special Departmental Expense HORIZON 1,047.96 21165 11/28/2022 General Fund Special Departmental Expense HORIZON 192.61 21165 11/28/2022 General Fund Special Departmental Expense HORIZON 55.34 21165 11/28/2022 Internal Service Fund Special Departmental Expense HORIZON 22.73 21165 11/28/2022 General Fund Coed Fall Softball HORIZON 260.00 21165 11/28/2022 General Fund Men's Fall Softball HORIZON 261.39 21165 11/28/2022 General Fund Main!. Buildings & Grounds HORIZON 166.90 Check Total: 2,006.93
21166 l l/28/2022 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 2,294.90 21166 11/28/2022 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 9,515.18 Check Total: 11,810.08
21167 11/28/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 227.84 21167 11/28/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 830.18 21167 11/28/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,302.08 21167 11/28/2022 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 362.18 21167 11/28/2022 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 222.30 21167 11/28/2022 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 223.55 21167 11/28/2022 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 148.98 21167 11/28/2022 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 492.18 21167 11/28/2022 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 367.38 21167 l l/28/2022 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 133.38 21167 11/28/2022 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 277.94 21167 11/28/2022 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 795.86 21167 11/28/2022 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,042.48 21167 11/28/2022 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 570.18 21167 11/28/2022 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 379.86 21167 11/28/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,615.13 21167 11/28/2022 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 342.42 21167 11/28/2022 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 223.86 21167 11/28/2022 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 414.18 Check Total: 9,971.96
_,,
AP-Checks for Approval (11/28/2022 - 12:57 PM)
-

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21168 11/28/2022 Sewer Enterprise Fund Professional Services JORGENSEN COMPANY 297.53 Check Total: 297.53 -
21169 11/28/2022 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 50.82 21169 11/28/2022 Internal Service Fund Operations & Maintenance KELLOGG'S SUPPLY 214.48 Check Total: 265.30
21170 11/28/2022 General Fund Memberships & Subscriptions LAFCO 11,421.34 Check Total: 11,421.34 .-
21171 11/28/2022 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 12.98 Check Total: 12.98
21172 11/28/2022 General Fund Special Departmental Expense KEN LEE 94.50 21172 11/28/2022 General Fund Special Departmental Expense KEN LEE 111.05 21172 11/28/2022 General Fund Special Departmental Expense KEN LEE 20.56 Check Total: 226.11 -
21173 11/28/2022 General Fund Special Departmental Expense LOPES SEPTIC & PUMPING 120.00 Check Total: 120.00
21174 11/28/2022 Local Transportation Fund LTF-Laurel Area Sdwlk Imp Proj MCCLATCHY COMPANY LLC 778.98 21174 11/28/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 102.40 21174 11/28/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 89.73 21174 11/28/2022 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 534.99 Check Total: 1,506.10
21175 11/28/2022 General Fund Coed Summer Softball MCNAMARA SPORTS 154.56 21175 11/28/2022 General Fund Youth Volleyball MCNAMARA SPORTS 964.82 Check Total: 1,119.38 --
21176 11/28/2022 General Fund Youth Flag Football MERCED AREA SPORTS OFFICIALS, INC 900.00 21176 11/28/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 90.00 Check Total: 990.00 -
21177 11/28/2022 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 102.89 21177 l l/28/2022 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (l 004) 111.93 Check Total: 214.82
21178 11/28/2022 General Fund Utilities MERCED IRRIGATION DISTRICT 698.94 21178 l l/28/2022 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 659.99 AP-Checks for Approval (11/28/2022 - 12:57 PM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21178 11/28/2022 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 182.67 21178 11/28/2022 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.64 21178 11/28/2022 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 436.05 21178 11/28/2022 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 53.49 21178 11/28/2022 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 60.89 21178 11/28/2022 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 30.39 21178 11/28/2022 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 60.89 21178 11/28/2022 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 290.41 21178 11/28/2022 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 17.82 21178 11/28/2022 America West LD Utilities MERCED IRRIGATION DISTRICT 134.92 21178 11/28/2022 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 299.06 21178 11/28/2022 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 17.82 21178 11/28/2022 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 374.44 21178 11/28/2022 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 573.41 21178 11/28/2022 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 541.81 21178 11/28/2022 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 226.04 21178 11/28/2022 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 312.86 21178 11/28/2022 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 17.82 21178 11/28/2022 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 384.92 21178 11/28/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 573.69 21178 11/28/2022 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 5,539.41 Check Total: 11,604.38
21179 11/28/2022 General Fund Castle Park Deposits JULIA MEZA 200.00 Check Total: 200.00
21180 11/28/2022 General Fund Communications MOTOROLA 508.48 21180 11/28/2022 General Fund Communications MOTOROLA 6,339.39 --
Check Total: 6,847.87 r21181 11/28/2022 Water Enterprise Fund Special Departmental Expense MUNIQUIP, LLC 24,846.45 21181 11/28/2022 Water Enterprise Fund Special Departmental Expense MUNIQUIP, LLC 6,983.77 21181 11/28/2022 Water Enterprise Fund Special Departmental Expense MUNIQUIP, LLC 2,327.92 Check Total: 34,158.14
21182 11/28/2022 Internal Service Fund Professional Services NVB EQUIPMENT, INC. 812.50 21182 11/28/2022 Internal Service Fund Operations & Maintenance NVB EQUIPMENT, INC. 1,678.12 Check Total: 2,490.62
21183 11/28/2022 General Fund Deposits OLD TOWN ATWATER 547.00 21183 11/28/2022 Water Enterprise Fund Water Service Charges OLD TOWN ATWATER -103.00 AP-Checks for Approval (11/28/2022 - 12:57 PM) Page 9

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 444.00 --
21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 88.29 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 400.54 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 35.72 21184 11/28/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 987.11 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 436.02 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 21.63 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -9.16 21184 11/28/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 16.04 21184 11/28/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS -180.00 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 49.77 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 80.85 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 24.89 21184 11/28/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 831.23 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 68.07 21184 11/28/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 35.71 21184 11/28/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 102.83 21184 11/28/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 15.14 21184 11/28/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 10.70 21184 11/28/2022 General Fund Special Departmental Expense O'REILLY AUTO PARTS 40.04 21184 11/28/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 15.67 21184 11/28/2022 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 48.67 Check Total: 3,119.76
21185 11/28/2022 Sewer Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 1,748.46 Check Total: 1,748.46
21186 11/28/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 107.97 21186 11/28/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 215.19 Check Total: 323.16
21187 11/28/2022 General Fund Accounts Payable PETER & CATHERINE PALEY 14.16 Check Total: 14.16
21188 11/28/2022 General Fund Training TREVOR PHILLIPS 15.00 Check Total: 15.00
21189 11/28/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 80.10 Check Total: 80.10 --
21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 326.70 AP-Checks for Approval (11/28/2022 - 12:57 PM) Page 10

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 21190 11/28/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 352.80 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 344.56 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 33.19 21190 11/28/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 275.63 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 31.10 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 45.25 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 522.25 21190 11/28/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 398.31 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 173.74 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 26.67 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 34.23 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 347.10 21190 11/28/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 729.58 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 174.11 21190 11/28/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 18.99 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 393.40 21190 11/28/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 1,638.81 21190 11/28/2022 General Fund Rents & Leases RAY MORGAN COMPANY 278.69 21190 11/28/2022 General Fund Operations & Maintenance RAY MORGAN COMPANY 481.05 21190 11/28/2022 Water Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 21190 11/28/2022 Water Enterprise Fund Operations & Maintenance RAY MORGAN COMPANY 271.89 21190 11/28/2022 Sewer Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 Check Total: 7,197.55
21191 11/28/2022 Internal Service Fund Operations & Maintenance RAZZARI FORD\MAZDA 160.21 Check Total: 160.21
21192 11/28/2022 Section 125 Medical Deposits Section 125 STEPHANIE RUIZ 1,080.00 Check Total: 1,080.00
21193 11/28/2022 Sewer Enterprise Fund Special Departmental Expense SAFE-T-LITE 337.74 Check Total: 337.74 ,,,-
21194 11/28/2022 General Fund Professional Services SANTA FE PET HOSPITAL 251.75 21194 11/28/2022 General Fund Professional Services SANTA FE PET HOSPITAL 180.95 Check Total: 432.70 _,,.
21195 11/28/2022 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 19,731.60 Check Total: 19,731.60 ,,..

AP-Checks for Approval (11/28/2022 - 12:57 PM) Pa
-
ge II

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21196 11/28/2022 Gas Tax/Street Improvement Professional Services SIERRA AIRLESS 67.50 Check Total: 67.50
21197 11/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 96.22 21197 11/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 23.45 21197 11/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 54.57 21197 . 11/28/2022 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 47.08 21197 11/28/2022 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 47.08 21197 11/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 123.97 21197 11/28/2022 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 83.77 Check Total: 476.14
21198 11/28/2022 General Fund Professional Services STERICYCLE, INC. 35.96 Check Total: 35.96
21199 11/28/2022 General Fund Special Departmental Expense SUN RIDGE SYSTEMS 4,893.00 ---
Check Total: 4,893.00 -
21200 11/28/2022 General Fund Professional Services SUN VALLEY PORTABLE RESTROOMS INC. 1,360.00 Check Total: 1,360.00 ,.-
21201 11/28/2022 Sewer Enterprise Fund Special Departmental Expense SUNBELT RENTALS 263.05 Check Total: 263.05 .,,.
21202 11/28/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,092.80 21202 11/28/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,097.87 21202 11/28/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,092.80 21202 11/28/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC -32.37 Check Total: 3,251.10 ✓
21203 11/28/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 3,801.97 21203 11/28/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 9,898.45 21203 l l/28/2022 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 3,823.32 21203 11/28/2022 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,823.88 ---
Check Total: 19,347.62 ----
21204 11/28/2022 General Fund Professional Services TNB TOWING & RECOVERY 390.00 Check Total: 390.00 -
21205 11/28/2022 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 21205 11/28/2022 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 AP-Checks for Approval (1!/28/2022 - 12:57 PM) Page 12

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 66.00
21206 11/28/2022 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,469.70 21206 11/28/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,858.20 21206 11/28/2022 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 433.63 Check Total: . 4,761.53
21207 11/28/2022 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 800.00 21207 11/28/2022 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 800.00 Check Total: 1,600.00
21208 11/28/2022 Internal Service Fund Operations & Maintenance VAN DE POL 14,047.87 ---
Check Total: "14,047.87
21209 11/28/2022 ARPA-American Rescue Plan Act Recreation & Community Events VARSITY SCOREBOARDS 12,380.00 ---
Check Total: 12,380.00
21210 11/28/2022 General Fund Communications VERIZON WIRELESS 242.63 21210 11/28/2022 General Fund Communications VERIZON WIRELESS 605.73 21210 11/28/2022 Public Safety Trans & Use Tax Communications VERIZON WIRELESS -54.72 21210 11/28/2022 Abandoned Veh Abatement Fund Communications VERIZON WIRELESS -36.48 21210 11/28/2022 General Fund Communications VERIZON WIRELESS 139.27 21210 11/28/2022 General Fund Communications VERIZON WIRELESS 101.26 21210 11/28/2022 General Fund Communications VERIZON WIRELESS 50.63 21210 11/28/2022 General Fund Communications VERIZON WIRELESS 50.63 21210 11/28/2022 General Fund Communications VERIZON WIRELESS 202.52 21210 11/28/2022 General Fund Communications VERIZON WIRELESS 90.64 21210 11/28/2022 General Fund Communications VERIZON WIRELESS 131.55 21210 11/28/2022 Gas Tax/Street Improvement Communications VERIZON WIRELESS 283.44 21210 11/28/2022 Water Enterprise Fund Communications VERIZON WIRELESS 477.72 21210 11/28/2022 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.01 21210 11/28/2022 Sewer Enterprise Fund Communications VERIZON WIRELESS 541.02 21210 11/28/2022 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.29 21210 11/28/2022 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.05 21210 11/28/2022 Internal Service Fund Communications VERIZON WIRELESS 50.63 21210 11/28/2022 Internal Service Fund Utilities VERIZON WIRELESS 80.02 21210 11/28/2022 Internal Service Fund Communications VERIZON WIRELESS I 01.26 21210 11/28/2022 Information Technology Fund Communications VERIZON WIRELESS 101.26 Check Total: 3,277.36
21211 11/28/2022 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 108.03 AP-Checks for Approval (11/28/2022 - 12:57 PM) Page 13

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 108.03
21212 11/28/2022 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 5.04 21212 11/28/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 194.09 21212 11/28/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 415.54 21212 11/28/2022 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 167.97 21212 11/28/2022 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 113.20 21212 11/28/2022 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 29.80 ---
Check Total: 925.64
21213 11/28/2022 General Fund Special Departmental Expense WINTON HARDWARE 29.25 21213 11/28/2022 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 4.46 21213 11/28/2022 Internal Service Fund Special Departmental Expense WINTON HARDWARE 5.75 Check Total: 39.46
21214 11/28/2022 General Fund Special Departmental Expense WORK WELLNESS 1,254.00 Check Total: 1,254.00
---
---
Report Total: 633,048.11
AP-Checks for Approval (11/28/2022 - 12:57 PM) Page 14

WARRANTS SUMMARY FOR DECEMBER 12 2022
TOTAL OF WARRANTS (FROM WARRANT REPORT) Is

ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) 957,087.08 ]

DATE DESCRIPTION AMOUNT
12/8/20221Prewrittens included in this current warrant run 12/1/2022 PERS Retirement EFT 11/10/22 - 11/23/22
12/1/2022 PERS Health - December 2022
11/29/2022 Retiree Medical Reimbursement - December 2022 12/1/2022 APOA Union Dues 11/23/22 Payroll
12/1/2022 EPARS Employee 457 Plan 11/23/22 Payroll
12/1/2022 Vantagepoint Deferred Comp Plan 457 11/23/22 Payroll 12/1/2022 State Disbursement Child Support 11/23/22 Payroll

TOTAL ADDITIONAL WARRANTS
$ (14,471.29)
$ 53,024.45
$ 82,130.55
$ 30,678.75
$ 2,262.45
$ 3,433.00
$ 50.00
$ 691.36
$ 157,799.27
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $ 1,114,886.35 l1NFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) !DATE I DESCRIPTION !AMOUNT
12/1/2022 Net Payroll $ 192,054.07 $ 263,475.01
12/1/2022 Federal Taxes $ 63,136.69
12/1/2022 State Taxes $ 8,284.25
12/1/2022 Payroll Deductions $ 1,028.04
TOTAL INFORMATIONAL WARRANTS $ 264,503.05
~
CITY T
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REASURER -

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
12/8/2022 - 9:52 AM Y(l-Wr'1-+t-m
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760 Bellevue Road, Ant\iater GA 963'01
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21215 11/28/2022 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 1,679.46 ---
Check Total: 1,679.46
21216 11/28/2022 Employee Benefits Fund Health Insurance, Retirees GARYFRAGO 256.37 Check Total: 256.37
21217 11/28/2022 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 676.23 Check Total: 676.23
21218 11/28/2022 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 27.19 Check Total: 27.19
21219 12/01/2022 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 818.04 Check Total: 818.04
21220 12/01/2022 General Fund Garnishments FRANCHISE TAX BOARD 210.00 Check Total: 210.00
21221 12/01/2022 Internal Service Fund Operations & Maintenance DEPT. OF MOTOR VEHICLES 10,804.00 Check Total: 10,804.00
Report Total: 14,471.29
AP-Checks for Approval (12/8/2022 - 9:52 AM) Page I

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
12/8/2022 - 9:56 AM
'rid~ CiJ\.·
760 Bellevue RoOO. Atwater CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 ., 12/12/2022 General Fund Office Supplies QUADIENT FINANCE USA, INC. 1,000.00 0 12/12/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 40,030.73 0 12/12/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 191,340.63 0 12/12/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 85,000.00 0 12/12/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 55,000.00 0 12/12/2022 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 156.94 0 12/12/2022 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 258.37 Check Total: 372,786.67
21222 12/12/2022 Water Enterprise Fund Professional Services ABS PRESORT, INC. 707.27 21222 12/12/2022 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 707.27 21222 12/12/2022 Sanitation Enterprise Fund Professional Services ABS PRESORT, INC. 707.27 21223 12/12/2022 Gas Tax/Street Improvement Professional Services ADVANCED CHEMICAL T C
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12 43

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8 5
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Check Total: 4,243.75 -
21224 12/12/2022 General Fund Professional Services AG TOWING AND TRANSPORT 260.00 Check Total: 260.00 .,,
21225 12/12/2022 Information Technology Fund Special Departmental Expense AIRESPRING 3,932.67 Check Total: 3,932.67
21226 12/12/2022 General Fund Special Events MARRISSA ALEXANDER 151.25 21226 12/12/2022 General Fund Various Classes MARRISSA ALEXANDER 18.81 Check Total: 170.06
21227 12/12/2022 General Fund Special Departmental Expense ALTEC INDUSTRIES, INC. 90.01 Check Total: 90.01
21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 107.87 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 97.09 AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 9.28 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 5.83 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 117.87 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 29.62 21228 12/12/2022 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,565.20 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 216.49 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 64.94 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 21.60 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 5.40 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 59.08 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 25.54 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 39.61 21228 ( I 2/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 346.39 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 150.95 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 241.34 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 196.38 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 277.20 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 124.38 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 59.64 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 84.65 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 16.23 21228 12/12/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I AMAZON CAPITAL SERVICES 48.70 21228 12/12/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 127.93 21228 12/12/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 127.93 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 477.03 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 963.41 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 56.54 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 159.69 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 479.07 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 167.75 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 159.01 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 14.95 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 12.94 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 19.12 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 8 I 1.86 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 10.92 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 41.14 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 29.22 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 176.31 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 176.31 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 176.31 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 176.31 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 176.31 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 7.53 AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 75.24 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 13.89 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 34.43 21228 12/12/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 26.40 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 227.28 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 25.51 21228 12/12/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 49.68 21228 12/12/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I AMAZON CAPITAL SERVICES 86.58 21228 12/12/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I AMAZON CAPITAL SERVICES 83.34 21228 12/12/2022 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 40.40 21228 12/12/2022 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 397.65 21228 12/12/2022 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 28.03 21228 12/12/2022 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 161.75 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 366.31 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 182.94 21228 12/12/2022 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 41.12 Check Total: 10,299.42
21229 12/12/2022 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 3,493.71 21229 12/12/2022 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 4,970.74 Check Total: 8,464.45
21230 12/12/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements ASSOCIATED RIGHT OF WAY SERVICES, INC. 1,190.00 Check Total: 1,190.00 --
21231 12/12/2022 General Fund Communications AT and T - CALNET3 307.40 Check Total: 307.40
21232 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense ATWATER ELECTRIC 269.75 21232 12/12/2022 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 4,052.50 Check Total: 4,322.25 --
21233 12/12/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,096.02 21233 12/12/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 216.60 Check Total: 1,312.62
21234 12/12/2022 General Fund Professional Services BEST BEST & KRIEGER 12,500.00 Check Total: 12,500.00
21235 12/12/2022 General Fund Uniform & Clothing Expense BEST UNIFORMS 996.71 Check Total: 996.71
- -
AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21236 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 55.12 21236 12/12/2022 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 69.47 21236 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 104.60 21236 12/12/2022 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 59.96 21236 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 60.21 21236 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 79.18 21236 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 30.07 21236 12/12/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 140.81 21236 12/12/2022 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 15.49 21236 12/12/2022 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 42.09 Check Total: 657.00
21237 12/12/2022 Water Enterprise Fund Accounts Payable MAXWELL JR BROWN 5.27 21237 12/12/2022 Sewer Enterprise Fund Accounts Payable MAXWELL JR BROWN 5.92 21237 12/12/2022 Sanitation Enterprise Fund Accounts Payable MAXWELL JR BROWN 0.68 21237 12/12/2022 Sanitation Enterprise Fund Accounts Payable MAXWELL JR BROWN 2.17 Check Total: 14.04
21238 12/12/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 152.00 21238 12/12/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 21238 12/12/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 21.00 21238 12/12/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 30.00 21238 12/12/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 21238 12/12/2022 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 21238 12/12/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 21238 12/12/2022 Water Enterprise Fund Professional Services BSK ASSOCIATES 43.00 Check Total: 1,712.00
21239 12/12/2022 General Fund Special Departmental Expense CAL FARM SERVICES 110.98 21239 12/12/2022 General Fund Special Departmental Expense CAL FARM SERVICES 34.46 21239 12/12/2022 General Fund Special Departmental Expense CAL FARM SERVICES 81.13 21239 12/12/2022 General Fund Special Departmental Expense CAL FARM SERVICES 14.09 21239 12/12/2022 General Fund Professional Services CAL FARM SERVICES 45.00 21239 12/12/2022 General Fund Special Departmental Expense CAL FARM SERVICES 646.49 21239 12/12/2022 General Fund Special Departmental Expense CAL FARM SERVICES 3.77 21239 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 52.41 21239 12/12/2022 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 60.00 21239 12/12/2022 General Fund Special Departmental Expense CAL FARM SERVICES 75.40 21239 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 26.93 21239 12/12/2022 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 48.00 21239 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 75.41 Check Total: 1,274.07
AP-Checks for Approval (12/8/2022 - 9:56 AM)
-
Page4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21240 12/12/2022 Water Enterprise Fund Accounts Payable CALIFORNIA RE INVESTORS, LLC 206.48 Check Total: 206.48
21241 12/12/2022 Water Enterprise Fund Accounts Payable AMBER CHAPMAN 55.58 21242 12/12/2022 Water Enterprise Fund Accounts Payable Check Total: 55.58 -
WEI JUN CHEN 28.77
21242 12/12/2022 Sewer Enterprise Fund Accounts Payable WEI JUN CHEN 32.29 21242 12/12/2022 Sanitation Enterprise Fund Accounts Payable WEI JUN CHEN 3.69 21242 12/12/2022 Sanitation Enterprise Fund Accounts Payable WEI JUN CHEN 11.85 Check Total: 76.60
21243 12/12/2022 Water Enterprise Fund Accounts Payable JULIE CHERRY 28.86 21243 12/12/2022 Sewer Enterprise Fund Accounts Payable JULIE CHERRY 30.32 21243 12/12/2022 Sanitation Enterprise Fund Accounts Payable JULIE CHERRY 3.37 21243 12/12/2022 Sanitation Enterprise Fund Accounts Payable JULIE CHERRY 10.80 Check Total: 73.35
21244 12/12/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 21244 12/12/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21244 12/12/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 21244 12/12/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 21244 12/12/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 21244 12/12/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 21244 12/12/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 21244 12/12/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 50.62 21244 12/12/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.47 21244 12/12/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 21244 12/12/2022 Internal Service Fund Special Departmental Expense CINTAS 18.46 21244 12/12/2022 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 50.62 21244 12/12/2022 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21244 12/12/2022 Water Enterprise Fund Uniform & Clothing Expense CINTAS 63.77 21244 12/12/2022 General Fund Uniform & Clothing Expense CINTAS 20.58 21244 12/12/2022 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 29.34 Check Total: 433.82 .,,,
21245 12/12/2022 Internal Service Fund Communications COMCAST CABLE ·26.44 Check Total: 26.44 _.
21246 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 830.68 21246 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 135.75 AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 966.43
21247 12/12/2022 General Fund Professional Services D & D PEST CONTROL 225.00 Check Total: 225.00 -
21248 12/12/2022 Information Technology Fund Professional Services DATA PATH, INC. 8,854.19 21248 12/12/2022 Information Technology Fund Memberships & Subscriptions DATA PATH, INC. 2,472.85 21248 12/12/2022 Information Technology Fund Professional Services DATA PATH, INC. 2,530.00 ---
Check Total: 13,857.04 -
21249 12/12/2022 Section 125 Medical Deposits Section 125 JEANNA DEL REAL 1,200.00 ---
Check Total: 1,200.00
21250 12/12/2022 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,957.56 21250 12/12/2022 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,933.32 ---
Check Total: 3,890.88
21251 12/12/2022 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 240.00 21251 12/12/2022 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 648.45 Check Total: 888.45
21252 12/12/2022 General Fund Professional Services DEPT. OF JUSTICE 209.00 Check Total: 209.00
21253 12/12/2022 Sewer Enterprise Fund Special Departmental Expense DOM'S ELECTRIC MOTOR SHOP 1,036.99 21253 12/12/2022 Sewer Enterprise Fund Professional Services DOM'S ELECTRIC MOTOR SHOP 471.66 Check Total: 1,508.65
21254 12/12/2022 Water Enterprise Fund Accounts Payable DWYIGHT DOVER 71.99 Check Total: 71.99
21255 12/12/2022 General Fund Special Departmental Expense ETCH THIS AND THAT 64.55 Check Total: 64.55 -
21256 12/12/2022 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 92.31 21256 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense FASTENAL COMPANY 138.47 21256 12/12/2022 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 52.52 21256 12/12/2022 Gas Tax/Street Improvement Uniform & Clothing Expense FASTENAL COMPANY 138.47 Check Total: 421.77 -
21257 12/12/2022 General Fund Office Supplies FEDERAL EXPRESS 42.20 AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 6

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21257 12/12/2022 General Fund Office Supplies FEDERAL EXPRESS 41.59 Check Total: 83.79
21258 12/12/2022 Water Enterprise Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 78.05 Check Total: 78.05
21259 12/12/2022 Water Enterprise Fund Accounts Payable PAUL FOWLER 30.95 21259 12/12/2022 Sewer Enterprise Fund Accounts Payable PAUL FOWLER ,2.42 Check Total: 33.37
21260 12/12/2022 1,2,3-TCP Fund TCP Remediation Project GHD 8,314.38 21260 12/12/2022 General Fund Capital Ace Train Platform GHD 1,936.63 21260 12/12/2022 SB I-Road Maint & Rehab RMRA Broadway Traffic Retasking GHD 2,500.00 21260 12/12/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 GHD 7,703.13 21260 12/12/2022 Sewer Enterprise Fund Professional Services GHD 28,99.7.00 21260 12/12/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 GHD 2,495.00 21260 12/12/2022 SBl-Road Main! & Rehab RMRA Broadway Traffic Retasking GHD 3,338.28 21260 12/12/2022 Sewer Enterprise Fund Professional Services GHD 11,268.66 21260 12/12/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 GHD 1,759.88 21260 12/12/2022 SBl-Road Maint & Rehab RMRA Broadway Traffic Retasking GHD 576.84 Check Total: 68,889.80 ✓
21261 12/12/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 338.94 Check Total: 338.94
21262 12/12/2022 Water Enterprise Fund Accounts Payable DAVID HART 68.49 - 21262 12/12/2022 Sewer Enterprise Fund Accounts Payable DAVID HART 15.72 21262 12/12/2022 Sanitation Enterprise Fund Accounts Payable DAVID HART 5.60 21262 12/12/2022 Sanitation Enterprise Fund Accounts Payable DAVID HART 1.74 Check Total: 91.55
21263 12/12/2022 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 719.95 21263 12/12/2022 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 55.00 21263 12/12/2022 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 55.00 21263 12/12/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I HOFFMAN ELECTRONIC SYSTEMS 825.00 21263 12/12/2022 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 170.85 21263 12/12/2022 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 719.95 Check Total: 2,545.75 ,-
21264 12/12/2022 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 2,067.50 Check Total: 2,067.50
AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21265 12/12/2022 Internal Service Fund Professional Services JACK'S R BETTER INC. l 12.00 Check Total: l 12.00 ~
21266 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 428.67 Check Total: 428.67 ,,.
21267 12/12/2022 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 6,465.98 ---
Check Total: 6,465.98
21268 12/l 2/2022 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 163.43 Check Total: l 63.43 ✓
21269 12/12/2022 Sewer Enterprise Fund Professional Services KRAZAN & ASSOCIATES, INC. 1,530.00 21269 12/12/2022 Sewer Enterprise Fund Professional Services KRAZAN & ASSOCIATES, INC. 1,070.00 21269 12/12/2022 Sewer Enterprise Fund Professional Services KRAZAN & ASSOCIATES, INC. 1,450.00 Check Total: 4,050.00
21270 12/12/2022 Water Enterprise Fund Accounts Payable SHEILA LA CAVA 150.94 Check Total: 150.94
21271 12/12/2022 Sewer Enterprise Fund Special Departmental Expense LATTA'SAUTO SUPPLY 35.09 Check Total: 35.09
21272 12/12/2022 Water Enterprise Fund Accounts Payable MARCUS LAWSON 115.83 Check Total: 115.83
21273 12/12/2022 Water Enterprise Fund Accounts Payable DAVID LILLARD 7.74 21273 12/12/2022 Sewer Enterprise Fund Accounts Payable DAVID LILLARD 13.74 21273 12/12/2022 Sanitation Enterprise Fund Accounts Payable DAVID LILLARD 4.90 21273 12/12/2022 Sanitation Enterprise Fund Accounts Payable DAVID LILLARD 1.53 Check Total: 27.91
21274 12/12/2022 Internal Service Fund Operations & Maintenance JOHN LINAN 40.00 Check Total: 40.00
21275 12/12/2022 General Fund Community Center Deposits CRISTAL LOPEZ 210.00 Check Total: 210.00
21276 12/12/2022 Water Enterprise Fund Accounts Payable ANNE LYLES 7.67 21276 12/12/2022 Sewer Enterprise Fund Accounts Payable ANNE LYLES 8.61 21276 12/12/2022 Sanitation Enterprise Fund Accounts Payable ANNE LYLES 3.16 AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21276 12/12/2022 Sanitation Enterprise Fund Accounts Payable ANNE LYLES 0.98 Check Total: 20.42
21277 12/12/2022 Water Enterprise Fund Accounts Payable NORMAN MABON 140.65 Check Total: 140.65
21278 12/12/2022 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 6,151.39 ---
Check Total: 6,151.39
21279 12/12/2022 Water Enterprise Fund Accounts Payable FRANCISCO MARTINEZ 87.69 Check Total: 87.69
21280 12/12/2022 Water Enterprise Fund Accounts Payable BETH MAZELIN 55.54 Check Total: 55.54
21281 12/12/2022 General Fund Accounts Payable JORGE MEDINA JR 2.00 21281 12/12/2022 Water Enterprise Fund Accounts Payable JORGE MEDINA JR 84.87 Check Total: 86.87
21282 12/12/2022 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 90.00 21282 12/12/2022 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 120.00 Check Total: 210.00 --
21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 255.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 255.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 255.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 424.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 255.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 255.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 424.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 255.00 21283 12/12/2022 Internal Service Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 1,733.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 424.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 424.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 424.00 21283 12/12/2022 Water Enterprise Fund Special Departmental Expense MERCED COUNTY ENVIRONMENTAL HEALTI 424.00 Check Total: 5,807.00
21284 12/12/2022 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 810.25 Check Total: 810.25
AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 9

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21285 12/12/2022 Water Enterprise Fund Special Departmental Expense MUNIQUIP, LLC 2,327.92 Check Total: 2,327.92
21286 12/12/2022 Water Enterprise Fund Accounts Payable GWEN NORDMAN 21.04 21286 12/12/2022 Sewer Enterprise Fund Accounts Payable GWEN NORDMAN 26.69 21286 12/12/2022 Sanitation Enterprise Fund Accounts Payable GWEN NORDMAN 11.45 21286 12/12/2022 Sanitation Enterprise Fund Accounts Payable GWEN NORDMAN 3.05 Check Total: 62.23
21287 12/12/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 290.62 -
21287 12/12/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 53.42 21287 12/12/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 24.39 21287 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 17.30 21287 12/12/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -102.83 21287 12/12/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 62.73 21287 12/12/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 11.83 21287 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 99.56 Check Total: 457.02
21288 12/12/2022 Water Enterprise Fund Accounts Payable ADORACION ORTEGA GOMEZ 164.02 21288 12/12/2022 Sewer Enterprise Fund Accounts Payable ADORACION ORTEGA GOMEZ 6.87 21288 12/12/2022 Sanitation Enterprise Fund Accounts Payable ADORACION ORTEGA GOMEZ 2.45 21288 12/12/2022 Sanitation Enterprise Fund Accounts Payable ADORACION ORTEGA GOMEZ 0.76 Check Total: 174.10
21289 12/12/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 450.89 21289 12/12/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 350.23 21289 12/12/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 161.67 21289 12/12/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 30,850.39 21289 12/12/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 1,793.36 21289 12/12/2022 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 24.64 21289 12/12/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 1,791.49 21289 12/12/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 4,066.32 21289 12/12/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 929.38 21289 12/12/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 178.52 21289 12/12/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 59.59 21289 12/12/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 17,973.86 21289 12/12/2022 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 616.51 21289 12/12/2022 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 131.07 21289 12/12/2022 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 38.97 21289 12/12/2022 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 13.40 21289 12/12/2022 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 44.59 21289 12/12/2022 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 14.73 AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 10

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21289 12/12/2022 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 2,162.34 21289 12/12/2022 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 180.16 21289 12/12/2022 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 789.46 21289 12/12/2022 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 24.10 21289 12/12/2022 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 21.42 21289 12/12/2022 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 17.46 21289 12/12/2022 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 502.08 21289 12/12/2022 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 44.82 21289 12/12/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 49,093.87 21289 12/12/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 3,607.63 21289 12/12/2022 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 5,212.70 --
Check Total: 121,145.65 -
21290 12/12/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC CO. 17,994.10 21290 12/12/2022 Water Fund Capital Replacement Well #20A Rehab PACIFIC GAS & ELECTRIC CO. 2,000.00 Check Total: 19,994.10 ,.,...
21291 12/12/2022 General Fund Professional Services PRECISION CIVIL ENGINEERING, INC. 2,265.00 21291 12/12/2022 1,2,3-TCP Fund TCP Remediation Project PRECISION CIVIL ENGINEERING, INC. 10,780.00 Check Total: 13,045.00
21292 12/12/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 16.23 21292 12/12/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 46.01 Check Total: 62.24
21293 12/12/2022 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 26,258.79 21293 12/12/2022 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 3,402.11 21293 12/12/2022 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 4,516.01 Check Total: 34,176.91
21294 12/12/2022 Water Enterprise Fund Accounts Payable RN MARKET 15.26 21294 12/12/2022 Sewer Enterprise Fund Accounts Payable RN MARKET 19.88 21294 12/12/2022 Sanitation Enterprise Fund Accounts Payable RN MARKET 102.38 Check Total: 137.52
---
21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 326.70 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 344.56 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 33.19 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 45.25 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 31.10 AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 11

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 522.25 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 34.23 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 173.74 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 26.67 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 347.10 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 174.11 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 393.40 21295 12/12/2022 General Fund Rents & Leases RAY MORGAN COMPANY 278.69 21295 12/12/2022 Water Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 21295 12/12/2022 Sewer Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 Check Total: 3,030.49
21296 12/12/2022 Water Enterprise Fund Uniform & Clothing Expense RED WING BUSINESS ADVANTAGE ACCOUN1 200.00 Check Total: 200.00
21297 12/12/2022 Low&Mod Inc Housing Asset Fund Professional Services ROSENOW SPEVACEK GROUP INC. 31.25 21297 12/12/2022 RDVLPMNT Obligation Retirement Professional Services ROSENOW SPEVACEK GROUP INC. 3,862.50 21297 12/12/2022 Low&Mod Inc Housing Asset Fund Professional Services ROSENOW SPEVACEK GROUP INC. 1,512.50 21297 12/12/2022 RDVLPMNT Obligation Retirement Professional Services ROSENOW SPEVACEK GROUP INC. 4,695.00 21297 12/12/2022 General Fund Professional Services ROSENOW SPEVACEK GROUP INC. 92.50 ---
Check Total: 10,193.75
21298 12/12/2022 Internal Service Fund Professional Services RXCW ATWATER CORP. 516.00 Check Total: 516.00
21299 12/12/2022 Water Enterprise Fund Accounts Payable REBEKAH SCOTT 12.27 21299 12/12/2022 Sewer Enterprise Fund Accounts Payable REBEKAH SCOTT 15.57 21299 12/12/2022 Sanitation Enterprise Fund Accounts Payable REBEKAH SCOTT 1.78 21299 12/12/2022 Sanitation Enterprise Fund Accounts Payable REBEKAH SCOTT 5.71 · Check Total: 35.33
21300 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 114.26 Check Total: 114.26
21301 12/12/2022 Sewer Enterprise Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 286.66 21301 12/12/2022 Sewer Enterprise Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 70.04 21301 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 286.66 21301 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 286.66 Check Total: 930.02
21302 12/12/2022 Water Enterprise Fund Accounts Payable RAJKARN SINGH 158.29 AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 12

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 158.29 ..-
21303 12/12/2022 Water Enterprise Fund Accounts Payable JUANITA SOLANO 47.96 21303 12/12/2022 Sewer Enterprise Fund Accounts Payable JUANITA SOLANO 50.39 21303 12/12/2022 Sanitation Enterprise Fund Accounts Payable JUANITA SOLANO 5.60 21303 12/12/2022 Sanitation Enterprise Fund Accounts Payable JUANITA SOLANO 17.95 Check Total: 121.90
21304 12/12/2022 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRIC 435.00 Check Total: 435.00
21305 12/12/2022 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 2,165.97 ---
Check Total: 2,165.97
21306 12/12/2022 Water Enterprise Fund Accounts Payable RICARDO TEJEDA 7.67 21306 12/12/2022 Sewer Enterprise Fund Accounts Payable RICARDO TEJEDA 8.61 21306 12/12/2022 Sanitation Enterprise Fund Accounts Payable RICARDO TEJEDA 0.98 21306 12/12/2022 Sanitation Enterprise Fund Accounts Payable RICARDO TEJEDA 3.16 Check Total: 20.42 -
21307 12/12/2022 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 10,099.34 ---
Check Total: 10,099.34
21308 12/12/2022 Employee Benefits Fund Accounts Payable BERMA TREVINO 26.00 Check Total: 26.00 .,.
21309 12/12/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 901.21 21309 12/12/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 107.00 Check Total: 1,008.21
21310 12/12/2022 Water Enterprise Fund Accounts Payable VALLEY COIN LAUNDRY 14.59 21310 12/12/2022 Sewer Enterprise Fund Accounts Payable VALLEY COIN LAUNDRY 83.21 Check Total: 97.80
21311 12/12/2022 Internal Service Fund Operations & Maintenance VAN DE POL 12,369.00 Check Total: 12,369.00
21312 12/12/2022 General Fund Communications VERIZON WIRELESS 560.14 Check Total: 560.14
21313 12/12/2022 General Fund Professional Services VERIZON WIRELESS-VSAT 50.00 AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 13

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 50.00
21314 12/12/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,037.22 21314 12/12/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,667.97 Check Total: 2,705. I 9
21315 12/12/2022 General Fund Capital Phase I Ped Imp Proj Downtown VVH CONSULTING SERVICES 354.12 21315 12/12/2022 Measure V 20% AlternativeModes Phase 1 Ped Imp Proj Downtown VVH CONSULTING SERVICES 45.88 21315 12/12/2022 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 10,763.03 21315 12/12/2022 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 1,394.47 21315 12/12/2022 General Fund Professional Services VVH CONSULTING SERVICES 2,359.75 21315 12/12/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 297.50 21315 12/12/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 9,032.50 21315 12/12/2022 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 9,439.00 21315 12/12/2022 1,2,3-TCP Fund TCP Remediation Project VVH CONSULTING SERVICES 787.50 21315 12/12/2022 Sewer Enterprise Fund Sewer Lift Station Imprvmnts VVH CONSULTING SERVICES 450.00 21315 12/12/2022 General Fund Professional Services VVH CONSULTING SERVICES 13,500.00 21315 12/12/2022 Local Transportation Fund Atw Blvd & First St Signal VVH CONSULTING SERVICES 1,225.00 ---
Check Total: 49,648.75
21316 12/12/2022 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 135.75 21316 12/12/2022 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 14.85 Check Total: 150.60 -
21317 12/12/2022 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 21317 12/12/2022 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 Check Total: 59.94
21318 12/12/2022 Water Enterprise Fund Accounts Payable WHITE HAWK PROPERTIES, INC 309.23 Check Total: 309.23
21319 12/12/2022 General Fund Special Departmental Expense WINTON HARDWARE 5.38 21319 12/12/2022 General Fund Special Departmental Expense WINTON HARDWARE 12.90 Check Total: 18.28
21320 12/12/2022 Water Fund Capital Replacement Install Water Tower Lights YESCO LLC 105,879.82 Check Total: 105,879.82
AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 14

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Report Total: 942,615.79
AP-Checks for Approval (12/8/2022 - 9:56 AM) Page 15

SUCCESSOR AGENCY TO

THE REDEVELOPMENT

AGENCY AGENDA REPORT

MEETING DATE: December 12, 2022
TO: Chair and Board of Directors of the Atwater Housing Successor FROM: Lori Waterman, City Manager, Michelle Joyner, Human Resources Manager
PREPARED BY: Michelle Joyner, Human Resources Manager
SUBJECT: Adopting Salary Schedule C-23, effective December 22, 2022 conforming to minimum wage increase for the state of
California (City Manager Waterman and Human Resources
Manager Joyner)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3358-22 adopting City of Atwater Salary Schedule C-23, effective December 22, 2022.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The City Council of the City of Atwater adopted its most recent Salary Schedule in August 2022.

The Salary Schedule is updated on a regular basis to reflect the City Manager's organizational objectives and/or City Council direction. Over the last five (5) years, the Salary Schedule has also been updated each December to reflect scheduled minimum wage increases as defined by State law. The next minimum wage increase is scheduled for January 1, 2023.

Staff is recommending amending the City's Classification Plan and adopting a new salary schedule to reflect salaries related to the upcoming minimum wage increase.

ANALYSIS:

Senate Bill 3, approved by the governor on April 4, 2016, amended Section 1182.12 of the State of California relating to wages. Section 1182.12(b) of the Labor Code was amended to read:
"Notwithstanding subdivision (a), the minimum wage for all industries shall not be less than the amounts set forth in this subdivision, except when the scheduled increases in paragraphs (1) and (2) are temporarily suspended under subdivision (d).

1. For any employer who employs 26 or more employees, the minimum wage shall be as follows:

A. From January 1, 2017, to December 31, 2017, inclusive,--ten dollars and fifty cents ($10.50) per hour.

B. From January 1, 2018, to December 31, 2018, inclusive,--eleven dollars ($11) per hour.

C.From January 1, 2019, to December 31, 2019, inclusive,--twelve dollars ($12) per hour.

D. From January 1, 2020, to December 31, 2020, inclusive,--thirteen dollars ($13) per

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

Agenda Report - Page 2

hour.

E.From January 1, 2021, to December 31, 2021, inclusive,--fourteen dollars ($14) per hour.

F.From January 1, 2022, and until adjusted by subdivision (c)--fifteen dollars ($15) per hour.”
G.From January 1, 2023, and until adjusted by subdivision (c)--fifteen dollars and fifty cents ($15.50) per hour.”
On July 27, 2022, the Director of the Department of Finance certified that based on the annual inflation rate from July 1, 2021 to June 30, 2022, under Labor Code section 1182.12(c)(3)(A), the state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 an hour (regardless of the number of workers employed by an employer).

Resolution No. 3358-22 has been prepared to amend and adopt Salary Schedule C-23, which implements the applicable changes to the classification plan and salary schedule.

II. FISCAL IMPACTS:

Staff does not anticipate any new fiscal impacts associated with Salary Schedule C-23.

The increased costs for minimum wage were anticipated and included in Fiscal Year 2022-23. Staff will continue to monitor the operating budgets and, if necessary, will return to the City Council during the mid-year review if adjustments are required. 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:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a

Agenda Report - Page 3

reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon adoption of Resolution No. 3358-22, the City Manager’s Office will direct the necessary proceedings to implement the minimum wage increase as required by law.

Submitted by:
/s/ Michelle Joyner
Michelle Joyner, Human Resources Manager
Submitted and Approved by:

Lori Waterman, City Manager
Attachments:

1. Salary Schedule C-23 Effective December 22, 2022

2. Reso 3358-22 Adopting Salary Schedule C-23

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-23 EFFECTIVE DECEMBER 22, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Account Clerk I CU 115 2933.66 3080.35 3234.36 3396.08 3565.89 3744.18 1354.00 1421.70 1492.78 1567.42 1645.79 1728.08
35203.96 36964.16 38812.36 40752.98 42790.63 44930.16

16.9250 17.7712 18.6598 19.5928 20.5724 21.6010
Account Clerk II CU 135 3286.44 3450.76 3623.30 3804.47 3994.69 4194.42 1516.82 1592.66 1672.29 1755.91 1843.70 1935.89
39437.30 41409.16 43479.62 45653.60 47936.28 50333.10

18.9602 19.9083 20.9037 21.9488 23.0463 24.1986
Account Clerk III CU 137 3623.30 3804.46 3994.69 4194.42 4404.14 4624.35 1672.29 1755.91 1843.70 1935.89 2032.68 2134.31
43479.57 45653.55 47936.23 50333.04 52849.69 55492.18

20.9036 21.9488 23.0463 24.1986 25.4085 26.6789
Accountant I CU 255 4309.14 4524.59 4750.82 4988.36 5237.78 5499.67 1988.83 2088.27 2192.69 2302.32 2417.44 2538.31
51709.63 54295.11 57009.87 59860.36 62853.38 65996.05

24.8604 26.1034 27.4086 28.7790 30.2180 31.7289
Accountant II CU 270 4809.22 5049.68 5302.17 5567.27 5845.64 6137.92 2219.64 2330.62 2447.15 2569.51 2697.99 2832.89
57710.64 60596.17 63625.98 66807.28 70147.64 73655.03

27.7455 29.1328 30.5894 32.1189 33.7248 35.4111
Accounting Technician CU 235 3824.62 4015.85 4216.64 4427.48 4648.85 4881.29 1765.21 1853.47 1946.14 2043.45 2145.62 2252.90
45895.45 48190.22 50599.73 53129.72 55786.21 58575.52

22.0651 23.1684 24.3268 25.5431 26.8203 28.1613
Administrative Analyst MM 300 5007.50 5257.88 5520.77 5796.81 6086.65 6390.98 2311.15 2426.71 2548.05 2675.45 2809.22 2949.68
60090.00 63094.50 66249.23 69561.69 73039.77 76691.76

28.8894 30.3339 31.8506 33.4431 35.1153 36.8710
Administrative Assistant I CU 140a 2911.98 3057.58 3210.46 3370.98 3539.53 3716.51 1343.99 1411.19 1481.75 1555.84 1633.63 1715.31
34943.75 36690.94 38525.48 40451.76 42474.35 44598.06

16.7999 17.6399 18.5219 19.4480 20.4204 21.4414
Administrative Assistant II CU 155a 3327.08 3493.44 3668.11 3851.52 4044.09 4246.30 1535.58 1612.36 1692.97 1777.62 1866.50 1959.83
39925.02 41921.27 44017.33 46218.20 48529.11 50955.56

19.1947 20.1545 21.1622 22.2203 23.3313 24.4979
Assistant Planner MU 257 4402.57 4622.70 4853.83 5096.52 5351.35 5618.92 2031.96 2133.55 2240.23 2352.24 2469.85 2593.35
52830.84 55472.38 58246.00 61158.30 64216.21 67427.02

25.3994 26.6694 28.0029 29.4030 30.8732 32.4168
Associate Planner MU 275 4743.82 4981.02 5230.07 5491.57 5766.15 6054.46 2189.46 2298.93 2413.88 2534.57 2661.30 2794.36
56925.90 59772.19 62760.80 65898.84 69193.78 72653.47

27.3682 28.7366 30.1735 31.6821 33.2662 34.9296
Building Inspector MU 256a 4376.61 4595.44 4825.21 5066.47 5319.80 5585.79 2019.97 2120.97 2227.02 2338.37 2455.29 2578.06
52519.33 55145.30 57902.57 60797.69 63837.58 67029.46

25.2497 26.5122 27.8378 29.2297 30.6911 32.2257
1

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-23 EFFECTIVE DECEMBER 22, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Building Maintenance Worker I MU 130 2880.09 3024.10 3175.30 3334.07 3500.77 3675.81 1329.27 1395.74 1465.52 1538.80 1615.74 1696.53
34561.11 36289.17 38103.63 40008.81 42009.25 44109.71

16.6159 17.4467 18.3191 19.2350 20.1968 21.2066
Building Maintenance Worker II MU 150a 3076.48 3230.30 3391.81 3561.41 3739.48 3926.45 1419.91 1490.91 1565.45 1643.73 1725.91 1812.21
36917.71 38763.60 40701.78 42736.87 44873.71 47117.40

17.7489 18.6363 19.5682 20.5466 21.5739 22.6526
Building Permit Technician I MU 185 3459.25 3632.21 3813.82 4004.51 4204.74 4414.97 1596.58 1676.40 1760.23 1848.24 1940.65 2037.68
41510.98 43586.52 45765.85 48054.14 50456.85 52979.69

19.9572 20.9551 22.0028 23.1030 24.2581 25.4710
Building Permit Technician II MU 187 3813.83 4004.52 4204.74 4414.98 4635.73 4867.52 1760.23 1848.24 1940.65 2037.68 2139.57 2246.55
45765.91 48054.20 50456.91 52979.76 55628.75 58410.18

22.0028 23.1030 24.2581 25.4710 26.7446 28.0818
Chief Building Inspector MM 290 4982.56 5231.68 5493.27 5767.93 6056.33 6359.15 2299.64 2414.62 2535.35 2662.12 2795.23 2934.99
59790.68 62780.22 65919.23 69215.19 72675.95 76309.74

28.7455 30.1828 31.6919 33.2765 34.9404 36.6874
Chief Building Official MM 297 5767.93 6056.33 6359.15 6677.10 7010.96 7361.51 2662.12 2795.23 2934.99 3081.74 3235.83 3397.62
69215.20 72675.96 76309.76 80125.25 84131.51 88338.09

33.2765 34.9404 36.6874 38.5218 40.4478 42.4702
Chief Building Official/ MM 308a 7922.45 8318.57 8734.50 9171.23 9629.79 10111.28 Fire Code Official 3656.52 3839.34 4031.31 4232.87 4444.52 4666.74 95069.40 99822.86 104814.01 110054.71 115557.44 121335.32

45.7064 47.9918 50.3914 52.9109 55.5565 58.3343
City Manager EM 340 13147.80 13805.20 14495.45 15220.23 15981.24 16780.30 6068.22 6371.63 6690.21 7024.72 7375.96 7744.75
157773.66 165662.34 173945.46 182642.73 191774.87 201363.61

75.8527 79.6454 83.6276 87.8090 92.1995 96.8094
Civil Engineering Assistant MU 277 4841.12 5083.17 5337.33 5604.20 5884.41 6178.63 2234.36 2346.08 2463.38 2586.55 2715.88 2851.67
58093.40 60998.07 64047.98 67250.37 70612.89 74143.54

27.9295 29.3260 30.7923 32.3319 33.9485 35.6459
Civil Engineering Associate MU 292 5323.81 5590.00 5869.50 6162.98 6471.13 6794.68 2457.14 2580.00 2709.00 2844.45 2986.67 3136.01
63885.74 67080.03 70434.03 73955.73 77653.52 81536.20

30.7143 32.2500 33.8625 35.5556 37.3334 39.2001
Code Enforcement Officer MU 175 3705.41 3890.68 4085.21 4289.47 4503.94 4729.14 1710.19 1795.70 1885.48 1979.76 2078.74 2182.68
44464.87 46688.11 49022.52 51473.64 54047.32 56749.69

21.3773 22.4462 23.5685 24.7469 25.9843 27.2835
Code Enforcement Manager MM 299 5767.93 6056.33 6359.15 6677.10 7010.96 7361.51 2662.12 2795.23 2934.99 3081.74 3235.83 3397.62
69215.20 72675.96 76309.76 80125.25 84131.51 88338.09

33.2765 34.9404 36.6874 38.5218 40.4478 42.4702
2

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-23 EFFECTIVE DECEMBER 22, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Community Development Director DD 337 10352.41 10870.03 11413.53 11984.21 12583.42 13212.59 4778.04 5016.94 5267.78 5531.17 5807.73 6098.12
124228.92 130440.36 136962.38 143810.50 151001.02 158551.07

59.7254 62.7117 65.8473 69.1397 72.5966 76.2265
Community Services Director DD 320a 7731.71 8118.30 8524.21 8950.42 9397.95 9867.84 3568.48 3746.91 3934.25 4130.97 4337.51 4554.39
92780.56 97419.59 102290.57 107405.10 112775.35 118414.12

44.6060 46.8363 49.1782 51.6371 54.2189 56.9299
Community Services Officer PU 160 3482.60 3656.73 3839.56 4031.54 4233.12 4444.77 1607.35 1687.72 1772.11 1860.71 1953.75 2051.43
41791.15 43880.71 46074.75 48378.48 50797.41 53337.28

20.0919 21.0965 22.1513 23.2589 24.4218 25.6429
Deputy City Clerk MM 212a 4396.55 4616.38 4847.19 5089.55 5344.03 5611.23 2029.18 2130.63 2237.17 2349.02 2466.48 2589.80
52758.58 55396.50 58166.33 61074.65 64128.38 67334.80

25.3647 26.6329 27.9646 29.3628 30.8310 32.3725
Deputy City Manager EM 339 11889.85 12484.34 13108.56 13763.99 14452.19 15174.80 5487.62 5762.01 6050.11 6352.61 6670.24 7003.75
142678.22 149812.14 157302.74 165167.88 173426.27 182097.59

68.5953 72.0251 75.6263 79.4076 83.3780 87.5469
Deputy City Manager/Finance EM 339 11889.85 12484.34 13108.56 13763.99 14452.19 15174.80 Director 5487.62 5762.01 6050.11 6352.61 6670.24 7003.75 142678.22 149812.14 157302.74 165167.88 173426.27 182097.59

68.5953 72.0251 75.6263 79.4076 83.3780 87.5469
Deputy Director of Public Works/ MM 314 7729.64 8116.13 8521.93 8948.03 9395.43 9865.20 Community Development 3567.53 3745.90 3933.20 4129.86 4336.35 4553.17 92755.73 97393.51 102263.19 107376.35 112745.17 118382.43

44.5941 46.8238 49.1650 51.6232 54.2044 56.9146
Engineering Division Manager MM 302 5768.87 6057.31 6360.18 6678.19 7012.10 7362.70 2662.56 2795.68 2935.47 3082.24 3236.35 3398.17
69226.44 72687.76 76322.14 80138.25 84145.16 88352.42

33.2819 34.9460 36.6933 38.5280 40.4544 42.4771
Executive Assistant CU 183 3801.14 3991.19 4190.75 4400.29 4620.31 4851.32 1754.37 1842.09 1934.19 2030.90 2132.45 2239.07
45613.65 47894.33 50289.05 52803.50 55443.68 58215.86

21.9296 23.0261 24.1774 25.3863 26.6556 27.9884
Executive to the City Manager MM 259 4758.06 4995.97 5245.76 5508.05 5783.45 6072.63 2196.03 2305.83 2421.12 2542.18 2669.29 2802.75
57096.75 59951.59 62949.17 66096.62 69401.46 72871.53

27.4504 28.8229 30.2640 31.7772 33.3661 35.03439
Finance Director DD 335a 9414.71 9885.45 10379.72 10898.71 11443.64 12015.83 4345.25 4562.52 4790.64 5030.17 5281.68 5545.77
112976.57 118625.40 124556.67 130784.51 137323.73 144189.92

54.3157 57.0314 59.8830 62.8772 66.0210 69.3221
Finance Operations Manager MM 307 6044.07 6346.28 6663.59 6996.77 7346.61 7713.94 2789.57 2929.05 3075.50 3229.28 3390.74 3560.28
72528.89 76155.34 79963.10 83961.26 88159.32 92567.29

34.8697 36.6131 38.4438 40.3660 42.3843 44.50350
3

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-23 EFFECTIVE DECEMBER 22, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Grants Manager MM 304 5095.68 5350.46 5617.99 5898.89 6193.83 6503.52 2351.85 2469.44 2592.92 2722.56 2858.69 3001.63
61148.16 64205.57 67415.85 70786.64 74325.97 78042.27

29.3982 30.8681 32.4115 34.0320 35.7336 37.5203
Human Resources Analyst MM 286 5089.56 5344.04 5611.24 5891.80 6186.39 6495.71 2349.03 2466.48 2589.80 2719.29 2855.26 2998.02
61074.75 64128.49 67334.91 70701.66 74236.74 77948.58

29.3629 30.8310 32.3726 33.9912 35.6907 37.4753
Human Resources Assistant CU 155c 3327.08 3493.44 3668.11 3851.52 4044.09 4246.30 1535.58 1612.36 1692.97 1777.62 1866.50 1959.83
39925.02 41921.27 44017.33 46218.20 48529.11 50955.56

19.1947 20.1545 21.1622 22.2203 23.3313 24.4979
Human Resources Director DD 335b 8927.74 9374.13 9842.84 10334.98 10851.73 11394.32 4120.50 4326.52 4542.85 4769.99 5008.49 5258.92
107132.94 112489.58 118114.06 124019.77 130220.76 136731.79

51.5062 54.0815 56.7856 59.6249 62.6061 65.7364
Human Resources Manager MM 309 7857.40 8250.27 8662.78 9095.92 9550.72 10028.25 3626.49 3807.82 3998.21 4198.12 4408.02 4628.43
94288.80 99003.24 103953.40 109151.07 114608.63 120339.06

45.3312 47.5977 49.9776 52.4765 55.1003 57.8553
Human Resources Technician I CU 236 4057.55 4260.43 4473.45 4697.12 4931.98 5178.58 1872.72 1966.35 2064.67 2167.90 2276.30 2390.11
48690.60 51125.12 53681.38 56365.45 59183.72 62142.91

23.4089 24.5794 25.8084 27.0988 28.4537 29.8764
Human Resources Technician II CU 237 4307.39 4522.76 4748.90 4986.34 5235.66 5497.44 1988.03 2087.43 2191.80 2301.39 2416.46 2537.28
51688.67 54273.10 56986.75 59836.09 62827.90 65969.29

24.8503 26.0928 27.3975 28.7674 30.2057 31.7160
Information Technology Coordinator MM 305c 6883.97 7228.17 7589.57 7969.05 8367.51 8785.88 3177.22 3336.08 3502.88 3678.02 3861.93 4055.02
82607.62 86738.00 91074.90 95628.64 100410.07 105430.58

39.7152 41.7010 43.7860 45.9753 48.2741 50.6878
Information Technology Manager MM 305b 6883.97 7228.17 7589.57 7969.05 8367.51 8785.88 3177.22 3336.08 3502.88 3678.02 3861.93 4055.02
82607.62 86738.00 91074.90 95628.64 100410.07 105430.58

39.7152 41.7010 43.7860 45.9753 48.2741 50.6878
Mechanic I MU 180a 3383.98 3553.18 3730.84 3917.38 4113.25 4318.92 1561.84 1639.93 1721.93 1808.02 1898.42 1993.35
40607.80 42638.19 44770.10 47008.60 49359.03 51826.98

19.5230 20.4991 21.5241 22.6003 23.7303 24.9168
Mechanic II MU 205a 3798.42 3988.34 4187.76 4397.15 4617.01 4847.86 1753.12 1840.77 1932.81 2029.45 2130.93 2237.47
45581.08 47860.13 50253.14 52765.80 55404.09 58174.29

21.9140 23.0097 24.1602 25.3682 26.6366 27.9684
Office Assistant CU 125 2718.34 2854.26 2996.97 3146.82 3304.16 3469.37 1254.62 1317.35 1383.22 1452.38 1525.00 1601.25
32620.10 34251.10 35963.66 37761.84 39649.93 41632.43

15.6827 16.4669 17.2902 18.1547 19.0625 20.0156
4

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-23 EFFECTIVE DECEMBER 22, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Operations Analyst MM 300 5007.50 5257.88 5520.77 5796.81 6086.65 6390.98 2311.15 2426.71 2548.05 2675.45 2809.22 2949.68
60090.00 63094.50 66249.23 69561.69 73039.77 76691.76

28.8894 30.3339 31.8506 33.4431 35.1153 36.87104
Parks Maintenance Worker I MU 165b 3223.10 3384.25 3553.46 3731.14 3917.69 4113.58 1487.58 1561.96 1640.06 1722.06 1808.17 1898.57
38677.14 40611.00 42641.55 44773.63 47012.31 49362.92

18.5948 19.5245 20.5007 21.5258 22.6021 23.7322
Parks Maintenance Worker II MU 190 3544.88 3722.13 3908.23 4103.64 4308.83 4524.27 1636.10 1717.90 1803.80 1893.99 1988.69 2088.12
42538.58 44665.51 46898.78 49243.72 51705.91 54291.20

20.4512 21.4738 22.5475 23.6749 24.8586 26.1015
Parks Maintenance Worker III MU 192 3757.68 3945.56 4142.84 4349.98 4567.48 4795.85 1734.31 1821.03 1912.08 2007.68 2108.07 2213.47
45092.11 47346.72 49714.05 52199.76 54809.74 57550.23

21.6789 22.7628 23.9010 25.0960 26.3508 27.6684
Payroll Technician CU 155d 3327.08 3493.44 3668.11 3851.52 4044.09 4246.30 1535.58 1612.36 1692.97 1777.62 1866.50 1959.83
39925.02 41921.27 44017.33 46218.20 48529.11 50955.56

19.1947 20.1545 21.1622 22.2203 23.3313 24.4979
Planning Technician MU 225c 3618.83 3799.77 3989.76 4189.24 4398.71 4618.64 1670.23 1753.74 1841.43 1933.50 2030.17 2131.68
43425.91 45597.20 47877.06 50270.92 52784.46 55423.68

20.8778 21.9217 23.0178 24.1687 25.3771 26.6460
Police Administrative Supervisor MM 301 5099.54 5354.51 5622.24 5903.35 6198.52 6508.44 2353.63 2471.31 2594.88 2724.62 2860.85 3003.90
61194.43 64254.15 67466.86 70840.20 74382.21 78101.33

29.4204 30.8914 32.4360 34.0578 35.7607 37.5487
Police Chief DD 338 11271.77 11835.36 12427.13 13048.48 13700.91 14385.95 5202.36 5462.47 5735.60 6022.38 6323.50 6639.67
135261.24 142024.30 149125.51 156581.79 164410.88 172631.42

65.0294 68.2809 71.6950 75.2797 79.0437 82.9959
Police Clerk I PU 140b 2854.60 2997.33 3147.20 3304.56 3469.79 3643.28 1317.51 1383.38 1452.55 1525.18 1601.44 1681.51
34255.23 35967.99 37766.39 39654.71 41637.44 43719.32

16.4689 17.2923 18.1569 19.0648 20.0180 21.0189
Police Clerk II PU 155b 3138.74 3295.68 3460.46 3633.48 3815.16 4005.92 1448.65 1521.08 1597.14 1676.99 1760.84 1848.88
37664.89 39548.13 41525.54 43601.82 45781.91 48071.00

18.1081 19.0135 19.9642 20.9624 22.0105 23.1111
Police Corporal PU 244 5698.05 5982.95 6282.10 6596.20 6926.01 7272.31 2629.87 2761.36 2899.43 3044.40 3196.62 3356.45
68376.55 71795.37 75385.14 79154.40 83112.12 87267.73

32.8733 34.5170 36.2429 38.0550 39.9578 41.9556
Police Officer PU 230 5025.21 5276.47 5540.29 5817.31 6108.17 6413.58 2319.33 2435.29 2557.06 2684.91 2819.16 2960.11
60302.49 63317.61 66483.49 69807.67 73298.05 76962.95

28.9916 30.4412 31.9632 33.5614 35.2394 37.0014
5

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-23 EFFECTIVE DECEMBER 22, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Police Officer Recruit TL 116 17.00
hrly
Police Lieutenant MM 315 8199.80 8609.79 9040.28 9492.29 9966.90 10465.25 3784.52 3973.75 4172.44 4381.06 4600.11 4830.12
98397.56 103317.44 108483.31 113907.48 119602.85 125582.99

47.3065 49.6718 52.1554 54.7632 57.5014 60.3764
Police Property and Evidence Clerk PU 140c 2854.60 2997.33 3147.20 3304.56 3469.79 3643.28 1317.51 1383.38 1452.55 1525.18 1601.44 1681.51
34255.23 35967.99 37766.39 39654.71 41637.44 43719.32

16.4689 17.2923 18.1569 19.0648 20.0180 21.0189
Police Sergeant PU 295 6610.68 6941.21 7288.27 7652.68 8035.32 8437.08 3051.08 3203.64 3363.82 3532.01 3708.61 3894.04
79328.12 83294.53 87459.25 91832.22 96423.83 101245.02

38.1385 40.0454 42.0477 44.1501 46.3576 48.6755
Project Accountant/Successor CU 240b 4202.73 4412.87 4633.51 4865.19 5108.45 5363.87 Agency Assistant 1939.72 2036.71 2138.54 2245.47 2357.75 2475.63 50432.80 52954.44 55602.17 58382.27 61301.39 64366.46

24.2465 25.4589 26.7318 28.0684 29.4718 30.9454
Project Engineer MM 312 7434.34 7806.06 8196.36 8606.18 9036.49 9488.31 3431.23 3602.80 3782.94 3972.08 4170.69 4379.22
89212.08 93672.68 98356.32 103274.13 108437.84 113859.73

42.8904 45.0349 47.2867 49.6510 52.1336 54.7403
Project Manager MM 305a 6883.97 7228.17 7589.57 7969.05 8367.51 8785.88 3177.22 3336.08 3502.88 3678.02 3861.93 4055.02
82607.62 86738.00 91074.90 95628.64 100410.07 105430.58

39.7152 41.7010 43.7860 45.9753 48.2741 50.6878
Public Safety Dispatcher Trainee PU 145 3394.94 3564.69 3742.93 3930.07 4126.58 4332.91 1566.90 1645.24 1727.50 1813.88 1904.57 1999.80
40739.34 42776.30 44915.12 47160.88 49518.92 51994.87

19.5862 20.5655 21.5938 22.6735 23.8072 24.9975
Public Safety Dispatcher PU 170 3712.56 3898.19 4093.10 4297.75 4512.64 4738.27 1713.49 1799.16 1889.12 1983.58 2082.76 2186.90
44550.73 46778.27 49117.18 51573.04 54151.69 56859.27

21.4186 22.4896 23.6140 24.7947 26.0345 27.3362
Public Safety Dispatcher PU 228 4423.86 4645.05 4877.30 5121.17 5377.23 5646.09 Supervisor 2041.78 2143.87 2251.06 2363.62 2481.80 2605.89 53086.30 55740.62 58527.65 61454.03 64526.73 67753.07

25.5223 26.7984 28.1383 29.5452 31.0225 32.5736
Public Works Director DD 325 10342.16 10859.26 11402.23 11972.34 12570.95 13199.50 4773.30 5011.97 5262.57 5525.69 5801.98 6092.08
124105.86 130311.16 136826.71 143668.05 150851.45 158394.02

59.6663 62.6496 65.7821 69.0712 72.5247 76.1510
Public Works/Community DD 337b 9173.72 9632.40 10114.02 10619.72 11150.71 11708.24 Development Director 4234.02 4445.72 4668.01 4901.41 5146.48 5403.80 110084.58 115588.81 121368.25 127436.66 133808.50 140498.92

52.9253 55.5715 58.3501 61.2676 64.3310 67.5476
6

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-23 EFFECTIVE DECEMBER 22, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Public Works Regulatory MM 260b 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 Compliance Supervisor 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67 65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

31.6512 33.2338 34.8954 36.6402 38.4722 40.3958
Public Works Superintendent MM 308b 7011.01 7361.57 7729.64 8116.13 8521.93 8948.03 3235.85 3397.65 3567.53 3745.90 3933.20 4129.86
84132.17 88338.78 92755.72 97393.51 102263.18 107376.34

40.4482 42.4706 44.5941 46.8238 49.1650 51.6232
Recreation and Community MU 186 3715.12 3900.88 4095.92 4300.71 4515.75 4741.54 Events Coordinator 1714.67 1800.40 1890.42 1984.95 2084.19 2188.40 44581.43 46810.50 49151.03 51608.58 54189.01 56898.46

21.4334 22.5050 23.6303 24.8118 26.0524 27.3550
Recreation Supervisor MM 301a 5099.54 5354.51 5622.24 5903.35 6198.52 6508.44 2353.63 2471.31 2594.88 2724.62 2860.85 3003.90
61194.43 64254.15 67466.86 70840.20 74382.21 78101.33

29.4204 30.8914 32.4360 34.0578 35.7607 37.5487
Senior Planner MM 303 5899.92 6194.92 6504.66 6829.89 7171.39 7529.96 2723.04 2859.19 3002.15 3152.26 3309.87 3475.37
70799.04 74338.99 78055.94 81958.74 86056.68 90359.51

34.0380 35.7399 37.5269 39.4032 41.3734 43.4421
Sewer Division Supervisor MM 260c 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67
65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

31.6512 33.2338 34.8954 36.6402 38.4722 40.3958
Sewer Maintenance Worker I MU 180b 3383.98 3553.18 3730.84 3917.38 4113.25 4318.92 1561.84 1639.93 1721.93 1808.02 1898.42 1993.35
40607.80 42638.19 44770.10 47008.60 49359.03 51826.98

19.5230 20.4991 21.5241 22.6003 23.7303 24.9168
Sewer Maintenance Worker II MU 205b 3723.95 3910.15 4105.65 4310.94 4526.48 4752.81 1718.75 1804.68 1894.92 1989.66 2089.15 2193.60
44687.39 46921.75 49267.84 51731.23 54317.80 57033.69

21.4843 22.5585 23.6865 24.8708 26.1143 27.4200
Sewer Maintenance Worker III MU 220a 3947.12 4144.48 4351.70 4569.29 4797.75 5037.64 1821.75 1912.84 2008.48 2108.90 2214.35 2325.06
47365.47 49733.74 52220.43 54831.45 57573.02 60451.67

22.7719 23.9105 25.1060 26.3613 27.6793 29.0633
Streets and Parks Division MM 260d 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 Supervisor 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67 65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

31.6512 33.2338 34.8954 36.6402 38.4722 40.3958
Streets Maintenance Worker I MU 165e 3223.10 3384.25 3553.46 3731.14 3917.69 4113.58 1487.58 1561.96 1640.06 1722.06 1808.17 1898.57
38677.14 40611.00 42641.55 44773.63 47012.31 49362.92

18.5948 19.5245 20.5007 21.5258 22.6021 23.7322
Streets Maintenance Worker II MU 190c 3544.88 3722.13 3908.23 4103.64 4308.83 4524.27 1636.10 1717.90 1803.80 1893.99 1988.69 2088.12
42538.58 44665.51 46898.78 49243.72 51705.91 54291.20

20.4512 21.4738 22.5475 23.6749 24.8586 26.1015
7

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-23 EFFECTIVE DECEMBER 22, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Streets Maintenance Worker III MU 192a 3757.68 3945.56 4142.84 4349.98 4567.48 4795.85 1734.31 1821.03 1912.08 2007.68 2108.07 2213.47
45092.11 47346.72 49714.05 52199.76 54809.74 57550.23

21.6789 22.7628 23.9010 25.0960 26.3508 27.6684
Systems Technician MU 232 4478.03 4701.93 4937.03 5183.88 5443.08 5715.23 2066.78 2170.12 2278.63 2392.56 2512.19 2637.80
53736.38 56423.20 59244.36 62206.58 65316.91 68582.76

25.8348 27.1265 28.4829 29.9070 31.4024 32.9725
Water Division Supervisor MM 260e 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67
65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

31.6512 33.2338 34.8954 36.6402 38.4722 40.3958
Water Systems Operator I MU 180c 3383.98 3553.18 3730.84 3917.38 4113.25 4318.92 1561.84 1639.93 1721.93 1808.02 1898.42 1993.35
40607.80 42638.19 44770.10 47008.60 49359.03 51826.98

19.5230 20.4991 21.5241 22.6003 23.7303 24.9168
Water Systems Operator II MU 205c 3723.95 3910.15 4105.65 4310.94 4526.48 4752.81 1718.75 1804.68 1894.92 1989.66 2089.15 2193.60
44687.39 46921.75 49267.84 51731.23 54317.80 57033.69

21.4843 22.5585 23.6865 24.8708 26.1143 27.4200
Water Systems Operator III MU 220b 3947.12 4144.48 4351.70 4569.29 4797.75 5037.64 1821.75 1912.84 2008.48 2108.90 2214.35 2325.06
47365.47 49733.74 52220.43 54831.45 57573.02 60451.67

22.7719 23.9105 25.1060 26.3613 27.6793 29.0633
Water Systems Pump Operator MU 229 4644.38 4876.60 5120.43 5376.45 5645.27 5927.54 2143.56 2250.74 2363.27 2481.44 2605.51 2735.79
55732.56 58519.19 61445.15 64517.40 67743.28 71130.44

26.7945 28.1342 29.5409 31.0180 32.5689 34.1973
Seasonal/Temporary Employees: HOURLY RATE
Assistant Pool Manager SE 070 15.50 15.75 16.00
Assistant Pool Manager SE 070 15.75 16.00 16.25
Community Facilities Aide SE 060 15.00 15.25 15.50
Community Facilities Aide SE 060 15.50 15.75 16.00
Community Facilities Attendant SE 100 15.00 15.25 15.50 Community Facilities Attendant SE 100 15.50 15.75 16.00 Crossing Guard SE 056
Lifeguard SE 054 15.00 15.25 15.50
Lifeguard SE 054 15.50 15.75 16.00
Lifeguard/Swim Instructor SE 059 15.00 15.25 15.50
Lifeguard/Swim Instructor SE 059 15.50 15.75 16.00
Minutes Clerk TL 094 18.00 19.00 20.00
Pool Manager SE 090 16.25 16.50 16.75
Pool Manager SE 090 16.25 16.50 16.75
Recreation Leader I SE 052 15.00 15.25 15.50
Recreation Leader I SE 052 15.50 15.75 16.00
Recreation Leader II SE 058 15.50 15.75 16.00
Recreation Leader II SE 058 16.00 16.25 16.50
Recreation Instructor I SE 096 15.00
Recreation Instructor I SE 096 15.50
Recreation Instructor II SE 098 17.00
Recreation Instructor II SE 098 17.00
Reserve Firefighter TL 051 15.00
Reserve Firefighter TL 051 15.50
Reserve Firefighter (OES Specl Assig) TL 099 Minimum hourly rate as defined by CAL OES, at www.caloes.ca.gov.

Seasonal Park/Recreation Aide SE 050 15.00 15.25 15.50
Seasonal Park/Recreation Aide SE 050 15.50 15.75 16.00
Senior Recreation Leader SE 064 16.00 16.25 16.50
Senior Recreation Leader SE 064 16.25 16.50 16.75
Hourly rate set annually through agreement with AESD
8

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-23 EFFECTIVE DECEMBER 22, 2022
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
CLASS Key: Note: Any temporary or seasonal employee appointed to a classification on EM - Executive Management this schedule is not guaranteed the hourly rate listed. The City Manager, DD - Department Director at his/her sole discretion, may appoint at a lower hourly rate so long as the MM - Mid Management houly rate is equal to the mandatory minimum wage rate.

CL - Confidential/Unrepresented
PU - Police Unit
MU - Miscellaneous Unit
CU - Clerical Unit
SE - Seasonal Employee Adopted by City Council Resolution No. 3358-22 TL - Temporary/Limited Service Dated December12, 2022
9

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3358-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER ADOPTING SALARY
SCHEDULE C-23 EFFECTIVE DECEMBER 22,
2022 BASED ON MINIMUM WAGE INCREASE

FOR THE STATE OF CALIFORNIA
WHEREAS, Salary Schedule B-23, effective September 1, 2022, was adopted by Resolution No. 3342-22 on August 22, 2022; and
WHEREAS, the City Council approves and adopts the Salary Schedule and/or directs the City Manager to prepare and/or update said Schedule to reflect City Council direction; and
WHEREAS, Senate Bill 3, approved by the Governor on April 4, 2016, amended Section 1182.12 of the State of California Labor Code relating to wages, specifically to increase the minimum wage for all industries to not be less than specified amounts to be increased from January 1, 2017, to January 1, 2022, inclusive, for employers employing 26 or more employees, except when the scheduled increases are temporarily suspended by the Governor, based on certain determinations; on July 27, 2022, the Director of the Department of Finance certified that based on the annual inflation rate from July 1, 2021 to June 30, 2022, under Labor Code section 1182.12(c)(3)(A), the state hourly minimum wage must be increased, and
WHEREAS, the minimum wage rate effective January 1, 2023, increases from $15.00 per hour to $15.50 per hour:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby adopt City of Atwater Salary Schedule C-23, EXHIBIT "A," attached hereto and made a part herein.

The foregoing resolution is hereby adopted this 12th day of December 2022.

AYES:

NOES:

ABSENT:

Resolution No. 3358-22 Page 2
APPROVED:
_______________________________

MIKE NELSON, MAYOR
ATTEST:
_____________________________
KORY J. BILLINGS, CITY CLERK

SUCCESSOR AGENCY TO

THE REDEVELOPMENT

AGENCY AGENDA REPORT

MEETING DATE: December 12, 2022
TO: Chair and Board of Directors of the Atwater Housing Successor FROM: Delilah Youmara, Finance Director
PREPARED BY: Julia Coronado
SUBJECT: Adopt a resolution approving the Professional Services Agreement with RSG, Inc. for Successor Agency consulting services for Fiscal Year 2023-24 through Fiscal Year 2025- 26 (Finance Director Youmara)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. SA 2022-6 approving the Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc., in the amount not to exceed $75,000 for Successor Agency consulting services for FY 2023-24 through FY 2025-26; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City
I. BACKGROUND/ANALYSIS:

BACKGROUND:

On December 29, 2011, the California Supreme Court issued its decision in CRA v.

Matosantos, upholding AB x1 26, which dissolved all redevelopment agencies in California, and overturning AB x1 27, the “voluntary alternative redevelopment program.” With the voluntary redevelopment program provided for in ABx1 27 having been ruled unconstitutional by the Court, all California redevelopment agencies were dissolved on February 1, 2012. Successor agencies are responsible for winding down the affairs of their respective now-dissolved redevelopment agencies. The City of Atwater (“City”) is acting as the Successor Agency to the Atwater Redevelopment Agency (“Successor Agency”) to manage and curtail the operation of the dissolved Atwater Redevelopment Agency with the immediate oversight of the Merced County Consolidated Oversight Board (“Oversight Board”) and of the Department of Finance (“DOF”).

Since the dissolution of redevelopment agencies, the Successor Agency has used the services of RSG, Inc. (“RSG”) to satisfy its requirements and to plan for the future under Redevelopment dissolution. RSG has submitted a proposal for Successor Agency consulting services to continue providing these services during Fiscal Years 2023-24 through 2025-26.

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

Agenda Report - Page 2

The Community Development Department has elected to extend the Professional Services contract with RSG, Inc. as provided for in the current contract for these services. The determination is based on several facts: 1) the field of knowledgeable consultants for this scope of work is very limited, 2) the time span for repayment of ROPS is very limited, which makes it unrealistic to search for a new consultant and get them up to speed on this particular task, 3) RSG is a consultant that is familiar with the repayment obligations for ROPS and is also very familiar with the City of Atwater.

ANALYSIS:

Requirements and Planning
As described in RSG’s proposal, (EXHIBIT “A”), the Successor Agency will need to complete and submit a Recognized Obligation Payment Schedule (“ROPS”) for approval to the Oversight Board and DOF for the Fiscal Years 2024-2025 and 2025-26, the last two years in the approved debt schedule, as it has done since dissolution.

Given RSG’s assistance in submitting previous ROPS for the Successor Agency, RSG is well positioned to assist with the next ROPS efficiently and effectively. RSG also has experience representing successor agencies in the Meet and Confer process used to resolve items of dispute between successor agencies and DOF. Should such representation be necessary for the Successor Agency, RSG will assist in dispute resolution. Following the Annual ROPS 2025-26, RSG will assist with winding down the Successor Agency during the following fiscal year.

The Successor Agency has begun the disposition process for its real property as part of the Long Range Property Management Plan (“LRPMP”), having transferred all governmental use properties to the City and having sold one property. The Successor Agency is currently in the process of disposing of property located at 998 Atwater Boulevard and transferring this Property to the City for its use. RSG helped to prepare the LRPMP, to revise the LRPMP per DOF’s comments, and to prepare LRPMP disposition procedures. Therefore, RSG is well positioned to assist the Successor Agency with continued guidance for property disposition, to sell one remaining property.

RSG will also assist the Successor Agency to plan for the future. By preparing and providing a long-term cash flow through the end of the debt schedule. RSG will anticipate financial problems before they occur and work with the Successor Agency to plan accordingly to prevent those problems, use anticipated revenues most efficiently, and meet the Agency’s goals leading up to the winddown of the Successor Agency in FY 2025-26. RSG’s analysis and understanding of Redevelopment dissolution legislation will continue to help guide the Successor Agency through the dissolution process.

Administrative Budget
HSC Section 34177(j) requires the Successor Agency to prepare an Administrative Budget and submit it to the Oversight Board for approval. Per fiscal year, the Successor

Agenda Report - Page 3

Agency anticipates needing $76,422 of the $250,000 maximum annual administration allocation described in HSC Section 34171(b). The Successor Agency is also reviewing an administrative budget for Fiscal Year 2023-24 at the meeting on December 12, 2022, which includes $76,422 for the 2023-24 ROPS period. $25,000 of the $76,422 requested administrative budget is allocated for RSG consulting services. This amount is anticipated to prepare future annual ROPS and one year of wind down services.

II. FISCAL IMPACTS:

Approval of RSG’s agreement for Successor Agency consulting services for Fiscal Years 2023-24 through 2025-26 will lead to the commitment of $75,000 of the Successor Agency’s administrative budget that has been allocated for such purpose, spread across three years.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goal numbers one (1) and five (5) of the City’s Strategic Plan: to ensure the City’s continued financial stability and to support economic development that promotes a job housing balance, respectively.

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

This item was coordinated between the Project Accountant/Successor Agency Assistant and the Finance Director.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is not considered a project under provisions of Section 21065 of the Public Resources Code therefore not subject to analysis pursuant to the California Environmental Quality Act (CEQA) as this action will not directly or indirectly significantly affect the physical environment.

IX. STEPS FOLLOWING APPROVAL:

Following approval, the City Clerk Department will finalize and circulate the agreement for execution.

Agenda Report - Page 4

Submitted by:

Delilah Youmara, Finance Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. 4 RSG Contract (3 year) ResolutionUPDATED

2. 4a Professional Services Agreement 2023-26

SUCCESSOR AGENCY

TO THE ATWATER

REDVELOPMENT AGENCY

RESOLUTION NO. SA 2022-6

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE

ATWATER REDEVELOPMENT AGENCY APPROVING AN

AGREEMENT FOR SUCCESSOR AGENCY CONSULTING
SERVICES WITH RSG FOR FY 2023-24 THROUGH 2025-
26 WHEREAS, the City of Atwater elected to serve as the Successor Agency to the former Atwater Redevelopment Agency (“Successor Agency”) pursuant to Assembly Bill x1 26, Assembly Bill 1484, and Senate Bill 107 as codified in the California Health & Safety Code; and
WHEREAS, the complexities and requirements of the Redevelopment dissolution process and the limited budget of the City make it difficult for the City to manage the duties and responsibilities of the Successor Agency single-handedly; and WHEREAS, RSG, Inc. (“RSG”) has provided consulting services since the beginning of Redevelopment dissolution for the Successor Agency to fulfill its obligations; and WHEREAS, RSG has submitted a proposal for Successor Agency consulting services for Fiscal Year (“FY”) 2023-24 detailing the work that the Successor Agency needs to complete during the fiscal year and how RSG will help to realize that work; and WHEREAS, the Successor Agency allocated and is in the process of approving expenses for RSG consulting services in its FY 2023-24 Administrative Budget; and WHEREAS, Successor Agency staff has reviewed and approved RSG’s proposal (Exhibit A).

NOW, THEREFORE, the Successor Agency to the Atwater Redevelopment Agency does hereby resolve as follows:

Section 1. Recitals.

The Recitals set forth above are true and correct and incorporated herein by reference.

Section 2. Approve RSG’s proposal for Successor Agency consulting services.

The Successor Agency hereby accepts and approves RSG’s proposal for consulting services for Fiscal Years 2023-24 through 2025-26.

Resolution No. SA 2022-6 Page 2
The foregoing resolution is hereby adopted this 12th day of December, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

APPROVED:
_____________________________

MIKE NELSON, MAYOR
ATTEST:
______________________________

LUCY ARMSTRONG, CITY CLERK

Resolution No. SA 2022-6 Page 3

EXHIBIT A
RSG INC. PROPOSAL FOR FISCAL YEARS 2023-24 THROUGH 2025-26

SUCCESSOR AGENCY CONSULTING SERVICES

Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 1 of 16

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND
RSG, Inc.

THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and RSG. Inc., a California corporation, (“Professional”) as of December 12, 2022 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2027, the date of completion specified in Exhibit A. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.

1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing.

1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed SeventyFive Thousand Dollars ($75,000.00), notwithstanding any contrary indications that may be contained in

Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 2 of 16
Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
 The Professional’s signature; and
 Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 3 of 16

2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B.

Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.

City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish

Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 4 of 16
any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than TWO MILLION DOLLARS ($2,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount

Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 5 of 16
not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 6 of 16
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and

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endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.6 Waiver of Subrogation. Professional hereby agrees to waive subrogration which any insurer or contractor may require from vendor by virtue of the payment of any loss. Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

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 Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

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Section 6. STATUS OF PROFESSIONAL.

6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee to become eligible for a claim for PERS benefits.

6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors,

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shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.

Professional may cancel this Agreement upon 30 days’ prior written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands

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and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.

Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement. City shall not in any manner be liable for Professional’s actual or projected lost profits had Professional completed the services required by this Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or

8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.

Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City

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(“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

10.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.

10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 11. MISCELLANEOUS PROVISIONS.

11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the

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state courts of California in the County of Merced or in the United States District Court, Eastern District of California.

11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

11.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

11.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement.

Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.

11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

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11.9 Contract Administration. This Agreement shall be administered by City Manager Waterman ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

11.10 Notices. Any written notice to Professional shall be sent to:

RSG, Inc.

Tara E. Matthews, Principal
17872 Gillette Avenue, Suite 350
Irvine, CA 92614
Any written notice to City shall be sent to:

City of Atwater
Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301

11.11 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

11.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the fee schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

11.14 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

11.15 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein

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stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.

11.16 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

11.17 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Tara E. Matthews, Principal RSG, Inc.

Attest:
____________________________
Lucy Armstrong, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Exhibit A to Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 1 of 3

EXHIBIT A

SCOPE OF WORK
PROPOSAL FOR SUCCESSOR AGENCY CONSULTING SERVICES, FISCAL YEARS 2023-24 THROUGH 2025-26 RSG is pleased to present this proposed scope of work, and budget , covering the next three fiscal years, to provide the City of Atwater (“City”) and the Successor Agency to the Atwater Redevelopment Agency (“Successor Agency”) with continued administrative services related to the dissolution of the former Atwater Redevelopment Agency.

Our role would be to provide technical, management, and administrative services to assist staff in winding down the affairs of the former Redevelopment Agency, meet ongoing reporting requirements, conduct financial and strategic planning, and provide other services as directed by staff.

Specific assignments may include but are not limited to the following:
• Financial Planning and Transition Services including advising on the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget
• Property Disposition Implementation
• Oversight Board Meetings
• Meetings, Agenda, Staff Report, and Resolution Assistance • Monitoring of Legal Requirements and Covenants
• Financial Advisory Services
• Legislative Analysis
• Prior Period Adjustment Reporting and Coordination with the County Auditor-Controller • Other Services as Designated

SCOPE OF SERVICES
RSG has specifically identified the following tasks that Staff will need to consider in the near-term:

Task 1 – Annual ROPS and Administrative Budget
RSG will prepare drafts of the Recognized Obligation Payment Schedules (“ROPS”) for fiscal years 2024-25 and 2025-26, due February 1 annually, pursuant to Health and Safety Code (“HSC”) Section 34177. The ROPS will cover the period of July 1 through June 30 and will include a detailed list of anticipated enforceable obligations for the ensuing fiscal year and a detailed summary of fund balances. RSG will prepare the ROPS to address new requirements imposed by new legislation, if any. RSG will also include a Successor Agency Administrative Budget for Fiscal Years 2024-25 and 2025-26 as in previous years.

The ROPS 24-25 and 25-26 must be approved by the Oversight Board and submitted to the State Department of Finance (“DOF”) and Merced County Auditor-Controller’s office by February 1 of each fiscal year. HSC Section 34177(m)(2) institutes a $10,000 per day penalty for failure to submit the ROPS by the deadline. Furthermore, Section 34177(m) states that if a Successor Agency has not submitted a ROPS within 10 days of the due date, the maximum administrative cost allowance for the period covered by the ROPS will be reduced by 25%.

After the annual ROPS is approved, successor agencies are allowed to submit an Amended ROPS to adjust requested amounts for approved items in the second half of each fiscal year. The Amended ROPS is due to the Department of Finance no later than October 1. RSG does not anticipate the Successor Agency needing to amend its ROPS, but will provide this service as necessary for the ROPS 23-24, 24-25, and 25-26.

Exhibit A to Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 2 of 3
Task 2 – Long-Term Cash Flow
RSG will assist the Successor Agency to plan for the future by preparing a long-term cash flow summarizing ROPS periods to date and projecting revenues and expenditures through Fiscal Year 2025-26, when the Agency is expected to make its last debt service payment. RSG will anticipate financial problems before they occur and work with the Successor Agency to plan accordingly to prevent those problems and to use anticipated revenues most efficiently and to achieve the Successor Agency’s goals as much as possible.

For example, RSG’s cash flow has shown that the Successor Agency could prioritize generating residual revenues for the City’s General Fund over repaying the SERAF loan and still expect to be able to repay the SERAF loan within the Successor Agency’s expected remaining lifetime. RSG’s analysis and understanding of redevelopment dissolution legislation will offer the Successor Agency insight on the best course of action in continuing with the dissolution process.

Task 3 – Property Disposition Procedures/Activities
To satisfy the requirements of Section 34191.5 of AB 1484, RSG worked with the Successor Agency to prepare a Long Range Property Management Plan (“LRPMP”) addressing the disposition and use of real property owned by the former Redevelopment Agency. The Successor Agency and the Oversight Board approved the LRPMP and submitted it to DOF on November 20, 2013. After receiving comments from DOF, the Successor Agency revised the LRPMP accordingly. The Oversight Board approved the revised LRPMP on April 21, 2014. DOF did the same on May 29, 2014.

SB 107 allows successor agencies with an approved LRPMP to submit an amended LRPMP to change the disposition of qualifying parking lots to be retained by the City. The Successor Agency amended its LRPMP accordingly and received Oversight Board approval on December 21, 2015 and DOF approval on January 29, 2016.

RSG prepared Disposition Procedures to guide the disposition of former Redevelopment Agency properties that will not be retained for governmental use pursuant to the DOF-approved LRPMP. The Successor Agency and the Oversight Board reviewed and formally approved the Disposition Procedures in August 2014. The Successor Agency has sold one property and is currently in the process of selling one other property to the City.

RSG will continue to assist as needed, including but not limited to, preparing a purchase and sale agreement as well as other necessary agenda items, or providing other consulting services as needed. The cost of these activities may be funded from sale proceeds resulting from disposition and/or as enforceable obligations on the ROPS, separate from administrative expenses.

Task 4 – Analysis of Future Legislation
RSG excels at analyzing legislation and quickly identifying the fiscal and procedural implications for local agencies.

With long-term involvement in the League of California Cities, the California Association for Local Economic Development, the California Association of Local Agency Formation Commissions, and the former California Redevelopment Association, RSG has developed expertise in helping our clients navigate complex legislation. RSG staff keeps track of legislative developments and their legal interpretations as they occur, ensuring that staff members understand new legislation and can guide the City of Atwater through the complicated legal framework of Redevelopment dissolution. We can meet with the Successor Agency to review the ramifications of proposed or enacted changes and explain the immediate and future impacts to the Successor Agency and affected taxing agencies.

Task 5 – Participation in Oversight Board, Department of Finance, and County Auditor-Controller meetings Per HSC Section 34179, local oversight boards were consolidated on July 1, 2018 into countywide oversight boards (except for Los Angeles County, where five, district-based oversight boards were created). As a result, the Successor Agency has to satisfy the requirements of the Merced County Consolidated Oversight Board, which provides new administrative guidelines and requirements different from those of the Successor Agency’s local

Exhibit A to Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 3 of 3
oversight board. RSG will help guide the Successor Agency through the Consolidated Oversight Board’s new processes, including by attending Oversight Board meetings to approve Successor Agency items.

Given the complexities of Redevelopment dissolution, issues may arise requiring discussions and negotiations with DOF and Merced County. RSG has developed a strong relationship with DOF and Merced County staff, which has helped the Successor Agency avoid negotiations during the most recent periods. If necessary, however, RSG will guide the Successor Agency and provide its expert advice in dealing with Meet and Confer requests and other steps in the process of appealing decisions. This will help Atwater to be well represented and receive fair treatment in interactions with DOF and the County.

Task 6 – Assist with County PPA
The differences between actual payments and past estimated and approved obligations on the ROPS shall be annually submitted by the Successor Agency to the Merced County Auditor-Controller by October 1 each year for review and adjustment to future distributions. RSG will assist the Successor Agency with this process for fiscal years 2024-25 and 2025-26 (2021-22 and 2022-23 PPAs) and will coordinate with the County as needed. This includes assisting the Successor Agency with payment verification documents as requested by the County.

Task 7 – Assist with Dissolution of the Successor Agency Once the Agency had made its final payment of all remaining obligations, all real property disposed of, and all litigation resolved (expected in June 2026), RSG will assist with activities to formally dissolve the Successor Agency as required by HSC Section 34187(b). This includes:

1. Submit a request to formally dissolve the Successor Agency to the oversight board within 30 days of the final ROPS payment.

2. Once the request has been approved, dispose of all remaining assets and transfer proceeds to the County Auditor-Controller to disburse to affected taxing entities within 100 days.

3. The oversight board will verify that the Agency has meet all requirements and adopt a final resolution dissolving the Successor Agency.

RSG will assist the Agency with completing these requirements at the time when they are necessary along with any new requirements imposed by new legislation.

PROJECT TEAM
To provide the best, most transparent services, RSG dedicates at least one Principal and a Project Manager to each project and creates a core group of people that works with each client on a consistent basis throughout all stages of the assignment. We employ a passionate and talented team of associates and analysts, who blend an understanding of each client’s situation with our expertise in researching, analyzing, modeling, and ultimately developing recommendations and results.

Ms. Tara Matthews will assume the role of Principal-in-Charge for this engagement. Ms. Matthews will be assisted by Samantha Wu Rose, Analyst. Additionally, other RSG staff may be assigned as needed. Staff resumes can be found on our company website under the following link: www.webrsg.com/team.

Exhibit B to Professional Services Agreement between December 12, 2022 City of Atwater and RSG, Inc. Page 1 of 1

EXHIBIT B

FEE SCHEDULE
Our services for this engagement would be charged on a time-and-materials basis. RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. Any third-party data required may also be charged to the client; typical examples include copies of the equalized assessment roll and CoStar Market data. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended, and the hourly rate.

HOURLY BILLING RATES:

Principal/Director $ 275
Senior Associate 200
Associate 185
Senior Analyst 150
Analyst 135
Research Assistant 125
Technician 80
Clerical 60
Reimbursable Expenses Cost plus 10%
We will provide these services on a time-and-materials basis, not to exceed amount of $75,000 to undertake these assignments for the City and Successor Agency ($25,000 for each year for the next three fiscal years). The scope of work in this proposal qualifies as successor agency administrative activities eligible to be funded as part of the ROPS. The Successor Agency, the Oversight Board, and DOF will review the aforementioned amount ($25,000) as part of administrative budget for the Successor Agency for each fiscal year, a total of $75,000 for the next 3 fiscal years.

CITY OF ATWATER
2023 REGULAR MEETING SCHEDULE
Jan Feb March April May June July Aug Sept Oct Nov Dec
Location of all listed
meetings: City
Council Chambers
City Council
9 &
23 13
&
27 13
&
27 10
&
24 8
&
22 12
&
26 10^
14 &
28 11
&
25 9
&
23 13^ 11^
2 nd and 4th Monday of
each month - 6:00 PM
(Unless otherwise
noted)
City Council Chambers – City Hall – 750 Bellevue Road
*Should the regular meeting fall on a legal holiday, the meeting shall be held on the next business day. ^The 2nd meeting of the month has been cancelled.

The City Council meets as the Successor Agency to the Atwater Redevelopment Agency, the Atwater Public Improvement Corporation, the Atwater Public Financing Authority, the Atwater Housing Authority, and the Atwater Fire Protection District.

However, unless specific items of business are to be conducted, these corporations will not be officially convened.

CITY COUNCIL
OF THE

CITY OF ATWATER
ORDINANCE NO. CS 1055

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER AMENDING CHAPTER 5.60,

CANNABIS BUSINESS PILOT PROGRAM, OF
TITLE 5, BUSINESS TAXES, LICENSES AND

REGULATION OF THE ATWATER MUNICIPAL
CODE AND ADDING CHAPTER 5.70, CANNABIS
REGULATORY PROGRAM, TO TITLE 5,

BUSINESS TAXES, LICENSES AND

REGULATION OF THE ATWATER MUNICIPAL
CODE
WHEREAS, in 1996, the voters of the State of California approved the Compassionate Use Act of 1996 (“CUA”) (codified as Health and Safety Code, § 11362.5 et seq.) to enable certain Californians to legally possess, use, and cultivate marijuana for personal medical use free from prosecution under enumerated provisions of state law; and WHEREAS, in 2003, the California Legislature adopted the Medical Marijuana Program Act (“MMP”) (codified as Health and Safety Code, § 11362.7 et seq.), which permits qualified patients and their primary caregivers to associate collectively or cooperatively to cultivate marijuana for medical purposes without being subject to criminal prosecution under state law; and
WHEREAS, in 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, holding that nothing in the CUA or MMP preempted cities’ authority to regulate medical marijuana land uses; and
WHEREAS, in 2015, the California Legislature enacted the Medical Cannabis Regulation and Safety Act (MCRSA), which for the first time in the State’s history adopted comprehensive regulations and licensing for medical marijuana businesses; and WHEREAS, in 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), which legalized the non-medical use of

Ordinance No. CS 1055 Page 2
marijuana by adults over 21 years of age, and provides for state licensing of adult-use marijuana businesses; and
WHEREAS, Senate Bill 94 (“SB 94”), signed by the Governor on June 27, 2017 to take effect immediately, repealed the MCRSA, and amended AUMA to consolidate the state licensing scheme applicable to both medical and adult-use commercial cannabis activity under a new law entitled the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA); and
WHEREAS, AUMA, as amended by MAUCRSA, recognizes, preserves, and does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances that regulate licensed cannabis businesses, including, but not limited to, completely prohibiting the establishment or operation of one or more types of businesses licensed under MAUCRSA within the local jurisdiction (Business and Professions Code, § 26200); and
WHEREAS, the City desires to move away from its current framework of regulating cannabis businesses through Development Agreements, and instead establish a comprehensive set of regulations clarifying objective standards applicable to all cannabis businesses and applicants; and
WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, Section 15061(b)(3), because it can be seen with certainty that the Ordinance will not have a significant effect on the environment because it would require a regulatory permit and impose operating criteria on cannabis retailers. Additionally, Business & Professions Code Section 26055(h) provides that CEQA does not apply to the adoption of an ordinance by a local jurisdiction that requires discretionary review and approval of permits to engage in commercial cannabis activity that includes separately applicable environmental review; and
WHEREAS, the City Council finds that approval of this Ordinance would accomplish the following:

1. Update the City’s cannabis permitting and regulatory provisions to terminate the current Development Agreement framework, comply with state and federal law, require community benefits as consideration for engaging in cannabis businesses, establish due process rights for permit applicants, and clarify operating requirements for permitted cannabis businesses.

2. Ensure City residents’ health, peace, and safety by clarifying the procedures for the enforcement of cannabis regulations.

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

Ordinance No. CS 1055 Page 3
SECTION 1. A new section 5.60.140 is added to Atwater Municipal Code Chapter 5.60, of Title 5 of the Atwater Municipal Code, to read as follows:
“5.60.140
Termination of Pilot Program
As of the effective date of the Ordinance adding Chapter 5.70 to this Title 5 of the Atwater Municipal Code, this Chapter 5.60 shall only be in effect as to cannabis businesses which hold current, non-expired entitlements obtained in accordance with this Chapter 5.60. To the extent there are any conflicts between this Chapter 5.60 and Chapter 5.70, Chapter 5.70 shall govern except as to persons with current, non-expired entitlements under Chapter 5.60. Existing cannabis businesses operating pursuant to a valid Development Agreement and Conditional Use Permit under this Chapter, and in good standing with the City as of the effective date of this Chapter, may continue to operate on the same terms provided by said Development Agreement and Conditional Use Permit during the effective term of the Development Agreement executed with the City, unless terminated or extended earlier, as set forth in the Development Agreement.

Prior to expiration of the Development Agreement, Existing Cannabis Developers who wish to continue cannabis business activities must submit a Cannabis Regulatory Permit renewal application under the procedures of Section 5.70.150 in order to transition to a Cannabis Regulatory Permit under this Chapter. Failure to timely submit the Cannabis Regulatory Permit renewal application will result in expiration of all rights associated with the Development Agreement at the conclusion of the Development Agreement term. Once an applicant has applied for and been granted a Cannabis Regulatory Permit as required by Chapter 5.70, any entitlements previously held pursuant to a Development Agreement under this Chapter 5.60 shall be deemed terminated, of no further force or effect, and superseded by the provisions of Chapter 5.70.” SECTION 2. Atwater Municipal Code Chapter 5.70 is hereby added to Title 5 of the Atwater Municipal Code, to read in its entirety as follows:

CHAPTER 5.70

CANNABIS BUSINESS PROGRAM

5.70.010 Title

5.70.020 Purpose and Intent

5.70.030 Legal Authority

5.70.040 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter

5.70.050 Compliance with State and Local Laws and Regulations

5.70.060 Definitions

5.70.070 Licenses and Permits Required

Ordinance No. CS 1055 Page 4

5.70.080 Maximum Number of Authorized Commercial Cannabis Businesses and Permit Types

5.70.090 Community Benefits

5.70.100 Evidence of Cannabis Owners and/or Employees; Background Check Required

5.70.110 Application for Cannabis Regulatory Permit

5.70.120 Procedure Guidelines and Review Criteria to Evaluate Cannabis Regulatory Permit Applications

5.70.130 City’s Reservation of Rights

5.70.140 Term of a Cannabis Regulatory Permit

5.70.150 Renewal of Cannabis Regulatory Permit

5.70.160 Existing Cannabis Developers

5.70.170 Revocation of Permits

5.70.180 Effect of State License Suspension or Revocation

5.70.190 Grounds for Appeal

5.70.200 Written Request for Appeal

5.70.210 Notice of Appeal Process

5.70.220 Appeal Hearing Process

5.70.230 Permittee-Requested Change to Cannabis Regulatory Permit

5.70.240 Transfer of Cannabis Regulatory Permit

5.70.250 Conditional Use Permit Required to Engage in Commercial Cannabis Activity

5.70.260 Cannabis Regulatory Permit Required to Engage in Cannabis Business Activity

5.70.270 Building Permits and Inspection

5.70.280 Right to Occupy and to Use Property

5.70.290 Location and Design of Commercial Cannabis Businesses

5.70.300 Authorization from the Community Development Director

5.70.310 Limitations on City’s Liability

5.70.320 Records and Recordkeeping

5.70.330 Fees and Charges

5.70.340 Security Measures

5.70.350 General Operating Requirements

5.70.360 Amendments to General Operating Requirements

5.70.370 Additional Operating Requirements for Store Front/Retail Facilities

5.70.380 Additional Operating Requirements for Distributors

5.70.390 Additional Operating Requirements for Testing Labs

5.70.400 Additional Operating Requirements for Cannabis Manufacturing: Edibles and Other Cannabis Products; Sale of Edible and Other Cannabis Products

5.70.410 Additional Operating Requirements for Cultivators

5.70.420 Delivery Requirements for Store Front Retail, Non-Store Front Retail, and Microbusinesses

5.70.430 Operating Requirements for Out-of-City Delivery Services

Ordinance No. CS 1055 Page 5

5.70.440 Permissible Delivery Locations and Customers

5.70.450 Promulgation of Regulations, Standards, and Other Legal Duties

5.70.460 Community Relations Contact Person

5.70.470 On-Site Consumption and Temporary Cannabis Event Permits

5.70.480 Fees Deemed Debt to the City

5.70.490 Permit Holder Responsible for Violations

5.70.500 Inspection and Enforcement

5.70.510 Violations

5.70.010 Title.

This Chapter shall be known as the Cannabis Business Program Ordinance of the City of Atwater.

5.70.020 Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this Chapter to regulate the commercial cultivation, processing, manufacturing, testing, sale, delivery, and distribution of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law.

5.70.030 Legal Authority.

This Chapter is adopted pursuant to the authority granted to the City by Section 7 of Article XI of the California Constitution, Sections 50022.1-50022.8 and 50022.10 of the California Government Code, and the provisions of the MAUCRSA.

5.70.040 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized by this Chapter, commercial cannabis activity, as that term is defined in section 5.70.060 herein, is expressly prohibited in the City.

5.70.050 Compliance with State and Local Laws and Regulations.

Ordinance No. CS 1055 Page 6
It is the responsibility of the owners and/or operators of any commercial cannabis business within the City limits to ensure that they operate in a manner compliant with this Chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.

5.70.060 Definitions.
(A) “Applicant” means a person or entity that submits an application for a Cannabis Regulatory Permit under this Chapter.
(B) “Cannabis” shall have the same meaning as that appearing in Business and Professions Code Section 26001(e), as may be amended or renumbered from time to time.
(C) “Canopy” shall have the same meaning as that appearing in Title 4, Section 15000 of the California Code of Regulations, as may be amended or renumbered from time to time.
(D) “Caregiver” or “primary caregiver” has the same meaning as that term is defined in Health and Safety Code Section 11362.7, as may be amended or renumbered from time to time.
(E) “City” shall mean the City of Atwater, California.
(F) “City Manager” shall mean the City of Atwater City Manager or his or her designee. (G) “Commercial cannabis activity” shall have the same meaning as that appearing in Business and Professions Code Section 26001(j), as may be amended or renumbered from time to time.
(H) “Commercial cannabis business” means any business or operation which engages in medicinal or adult-use commercial cannabis activity. (I) “Cannabis Regulatory Permit” means a regulatory permit issued by the City pursuant to this Chapter, to a commercial cannabis business, and is required before any commercial cannabis activity may be conducted in the City. The initial permit and annual renewal of a commercial cannabis business is made expressly contingent upon the business’s ongoing compliance with all of the requirements of this Chapter and any regulations adopted by the City governing the commercial cannabis activity at issue.
(J) “Cannabis Business Permittee” or “Permitee” means a person or entity that has received a Cannabis Regulatory Permit from the City as authorized under this Chapter.

Ordinance No. CS 1055 Page 7
(K) “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.
(L) “Distributor” shall have the same meaning as that appearing in Business and Professions Code Section 26001(s), as may be amended or renumbered from time to time.
(M) “Existing Cannabis Developer” means the holder of a Development Agreement with the City of Atwater for cannabis operations issued prior to the effective date of this Chapter, subject to the terms of said Development Agreement and the Cannabis Business Pilot Program.
(N) “Limited-access area” means an area in which cannabis is stored or held and is only accessible to a permitee and authorized personnel. (O) “Manufactured cannabis” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application. (P) “Manufacturing site” means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid Cannabis Regulatory Permit for manufacturing from the City of Atwater and, a valid state license as required for manufacturing of cannabis products. (Q) “MAUCRSA” means the Medicinal and Adult Use Cannabis Regulation and Safety Act, as codified within the California Business and Professions Code and as may be amended from time to time.
(R) “Microbusiness” shall have the same meaning as that contained in Business and Professions Code Section 26001(aj), as may be amended or renumbered from time to time.
(S) “Non-retailer business” means a wholesale business which does not include a retail component, including but not limited to cultivation, manufacturing, distribution, and testing lab businesses.
(T) “Non-storefront retailer” is a subset of “Retailer” and is a licensed and permitted retail business that is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls. (U) “Non-volatile solvent” means any solvent used in the extraction process that is not a volatile solvent as defined by state law. For purposes of this Chapter, a nonPage 151 of 365 Ordinance No. CS 1055 Page 8
volatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.
(V) “Owner” means any of the following:
(1) A person with an aggregate ownership interest of 10 percent or more in the commercial cannabis business, unless the interest is solely a security, lien or encumbrance.
(2) An individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:
(a) A member of the board of directors of a nonprofit.
(b) A general partner of a commercial cannabis business that is organized as a partnership.
(c) A non-member manager or manager of a commercial cannabis business that is organized as a limited liability company.
(d) The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.
(e) An individual with the authority to provide strategic direction and oversight for the overall operations of the commercial cannabis business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
(f) An individual with the authority to execute contracts on behalf of the commercial cannabis business.
(g) When an entity is an owner in a commercial cannabis business, all entities and individuals with a financial interest in the entity shall be disclosed to the City and may be considered owners of the commercial cannabis business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees, and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
(W) “Package” means any container or receptacle used for holding cannabis or cannabis products.
(X) “Patient” or “qualified patient” shall have the same meaning as that contained in California Health and Safety Code Section 11362.7 et seq., as may be amended or renumbered from time to time, and which includes within its definition a person who is entitled to the protections of California Health & Safety Code Section 11362.22, as may be amended or renumbered from time to time.

Ordinance No. CS 1055 Page 9
(Y) “Person” shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. (Z) “Person with an identification card” shall have the same meaning as that contained in California Health and Safety Code Section 11362.7, as may be amended or renumbered from time to time.
(AA) “Processing” means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and nonmanufactured cannabis products.
(BB) “Retailer” or “Storefront Retailer” shall have the same meaning as that contained in Section 26070(a)(1) of the California Business and Professions Code, as may be amended or renumbered from time to time.
(CC) Sensitive use is defined as:
(1) A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).
(2) A commercial daycare center licensed by the State, County or City. (3) A church or other place of worship.
(4) A Youth Center, as that term is defined herein.
(DD) “State license” means a permit or license issued by the State of California, or one of its departments or divisions, under the MAUCRSA and any subsequent related State of California legislation, to engage in cannabis activity. A state license alone will not authorize the holder to operate a commercial cannabis business, as state law also requires a license or other authorization issued by a local jurisdiction. (EE) “Topical cannabis” means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by California Health and Safety Code Section 109925, as may be amended or renumbered from time to time.
(FF) “Transport” means the transfer of cannabis products from the licensed business location of one state licensee to the licensed business location of another state licensee, for the purposes of conducting cannabis activity authorized by the MAUCRSA which may be amended or repealed by any subsequent related State of California legislation. Transport can only be performed by state licensed distributors and does not include deliveries of cannabis or cannabis products. (GG)"Volatile solvent" means a solvent as defined by Health and Safety Code Section