Atwater City Council
February 13, 2023

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
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
February 13, 2023
CALL TO ORDER: 5:30 PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____

CLOSED SESSION
Adjourn to Conference Room A
• Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:

Number of cases (1)

City Council Agenda for Meeting of February 13, 2023 Page 2 REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM

INVOCATION
Invocation by Michael Giordano

PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____

MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.

CONSENT CALENDAR

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

WARRANTS

1. February 13, 2023
Staff's Recommendation: Approvals of warrants as listed.

MINUTES: (City Council)

2. a) December 12, 2022 - Regular meeting
b) January 9, 2023 - Special meeting
c) January 9, 2023 - Regular meeting
d) January 17, 2023 - Special meeting
Staff's Recommendation: Approval of minutes as listed.

City Council Agenda for Meeting of February 13, 2023 Page 3 AGREEMENTS:

3. Awarding an Equipment Purchase Agreement (Purchase Order) with Pro Force Law Enforcement for the purchase of Sig Sauer P320 handguns for the Police Department (Police Chief Salvador) Staff's Recommendation: Adoption of Resolution No. 3368-23 approving Budget Amendment No. 11 amending the Fiscal Year 2022-23 Budget regarding appropriating funds in the amount of $27,445.50 to the Fiscal Year 2022-23 General Fund Police Department Budget; and Awarding Purchase Agreement with Pro Force Law Enforcement of Arizona, in the amount not to exceed $31,000; and authorize and direct the City Manager to execute the Agreement on behalf of the City.
***END OF CONSENT CALENDAR***

PUBLIC HEARINGS

4. Waiving the first reading, by title only, and introducing a Zoning Ordinance Text Amendment of the City Council amending Chapter

17.49.020, “Definition of mini-warehouse,” of the Atwater Municipal Code (Community Development Director Thompson)
Staff's Recommendation: Open the public hearing and take any testimony given;
Close the public hearing; and,
Motion to waive the first reading and introduce Ordinance No. CS 1058 amending Chapter 17.49.020 “Definition of mini-warehouse,” of the Atwater Municipal Code; or,
Motion to approve staff’s recommendation as presented.

5. Adopting a resolution authorizing submittal of a Prohousing Designation Program Application to the California Department of Housing and Community Development (HCD) (Community Development Director Thompson)
Staff's Recommendation: Open the public hearing and take any testimony given;
Close the public hearing;
Motion to adopt Resolution No. 3365-23 authorizing the submittal of an application to the California Department of Housing and Community Development for Prohousing Designation Program; and Motion to authorize the City Manager, or designee to execute all documents deemed necessary or appropriate to participate in the Prohousing Designation Program, and make any subsequent amendments or modifications related to them as required by the

City Council Agenda for Meeting of February 13, 2023 Page 4 California Department of Housing and Community Development; or Motion to approve staff's recommendation as presented.

REPORTS AND PRESENTATIONS FROM STAFF: )

6. Awarding a Professional Services Agreement to Centerline Design, LLC for the Design of Tenant Improvements at the future City Hall (Public Works Director Vinson)
Staff's Recommendation: Motion to award a Professional Service Agreement, in a form approved by the City Attorney, to Centerline Design, LLC of Clovis, California, for the Design of Tenant Improvements at the future City Hall, in an amount not to exceed $92,700.00; and authorizes and directs the City Manager to execute the Professional Services Agreement on behalf of the City; or Motion to approve staff's recommendation as presented.

7. Resolution adopting procedure guidelines and review criteria for evaluating cannabis regulatory permit applications ( Community Development Director Thompson)
Staff's Recommendation: Motion to adopt Resolution No. 3369-23 approving procedure guidelines and review criteria for evaluating cannabis regulatory permit applications; or
Motion to approve staff’s recommendation as presented.

8. Resolution authorizing the City Manager or designee to sign the necessary documentation to reserve two (2) new Fire Command Vehicles for purchase in an amount not to exceed $160,000. (Battalion Chief Ayuso)
Staff's Recommendation: Motion to adopt Resolution No. 3371-23, authorizing the City Manager or designee to sign the necessary documentation to reserve two (2) new Fire Command Vehicles for purchase.

Motion to approve staff's recommendation as presented.

9. Approving a Purchase Agreement (Purchase Order) for the purchase of 911 dispatch radio recording equipment and approving a Budget Amendment appropriating funds for the purchase of radio recording equipment (Police Chief Salvador)
Staff's Recommendation: Motion to approve a Purchase Agreement (Purchase Order) to Commercial Electronics, for the purchase of 911 dispatch recording equipment in an amount not to exceed $55,418.52; and authorize and direct the City Manager, or her designee, to execute the Purchase Agreement (Purchase Order) on behalf of the City; and Adopts Resolution No. 3367-23 approving Budget Amendment No. 10 amending the Fiscal Year 2022-23 Budget regarding appropriating funds in the amount of $55,418.52 to the Fiscal Year 2022-23 Public Safety Transactions and Use Tax Budget; or

City Council Agenda for Meeting of February 13, 2023 Page 5 Motion to approve staff's recommendation as presented.

10. Approving a Purchase Agreement (Purchase Order) for the purchase of dispatch radio console equipment and approving a Budget Amendment appropriating funds for the purchase of radio console
equipment (Police Chief Salvador)
Staff's Recommendation: Motion to approve a Purchase Agreement (Purchase Order) with Delta Wireless for dispatch radio console equipment, in an amount not to exceed $192,319.74; and adopts Resolution No. 3366-23 approving Budget Amendment No. 9 amending the Fiscal Year 2022-23 Budget regarding appropriating funds in the amount of $192,319.74 to the Fiscal Year 2022-23 Public Safety Transactions and Use Tax Budget; and authorizes and directs the City Manager, or her designee, to execute the Purchase Agreement (Purchase Order) on behalf of the City; or
Motion to approve staff's recommendation as presented.

11. Police Department 2022 Annual Report (Police Chief Salvador) CITY MANAGER REPORTS/UPDATES:

12. City Manager Updates

COMMENTS FROM THE PUBLIC

NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.

CITY COUNCIL REPORTS/UPDATES
• City Council Member Cale, District 1
• City Council Member Button, District 2
• City Council Member Ambriz, District 3
• Mayor Pro Tem Raymond, District 4
• Mayor Nelson

CLOSED SESSION
Continuation of Closed Session if necessary

City Council Agenda for Meeting of February 13, 2023 Page 6

ADJOURNMENT
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] .

1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28
6:00 PM
City Council Meeting -
4:30 PM
Committee Meeting -
Audit & Finance
Trash pick up delayed Office Hours -
1 day 1:30 PM - 3:30 PM
Observed
City Holiday Merced County
Supervisor McDaniel
President's Day District 3
6:00 PM Meeting - 6:00 PM
City Council Meeting - Planning Commission

GPTAC - 6:00 PM
February
Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
4:30 PM
Sunday Monday Tuesday Wednesday Thursday Friday Saturday GPTAC - 6:00 PM
Committee Meeting -
Citizens' Oversight
5:30 PM
Daylight Saving Time City Council Meeting - Planning Commission Begins 6:00 PM Meeting - 6:00 PM
Merced County
Supervisor McDaniel
District 3
Audit & Finance
Office Hours -
1:30 PM - 3:30 PM
~ March 2023 ~
6:00 PM
City Council Meeting -
Committee Meeting -

WARRANTS SUMMARY FOR FEBRUARY 13 2023

TOTAL OF WARRANTS (FROM WARRANT REPORT)

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

DATE DESCRIPTION
2/9/2023 Prewrittens included in this current warrant run 1/30/2023 Retiree Medical Reimbursement - February 2023 2/1/2023 PERS Health - February 2023
1/26/2023 PERS Retirement EFT 1/5/23 - 1/18/23
1/26/2023 Vantagepoint Deferred Comp Plan 457
1/26/2023 State Disbursement - Child Support
1/24/2023 Chevron
1/26/2023 [PARS Employee 457 Plan
1/26/2023 AFLAC - JANUARY 2023
1/26/2023 APOA Union Dues

TOTAL ADDITIONAL WARRANTS

GRAND TOTAL OF WARRANTS PAID
AMOUNT
$ (6,462.58)
$ 33,197.57
$ 109,864.11
$ 51,639.31
$ 50.00
$ 691.36
$ 106.89
$ 4,233.00
$ 542.37
$ 2,420.05
$ 196,282.08

INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL)

DATE DESCRIPTION AMOUNT
1/26/2023 Net Payroll
1/26/2023 Federal Taxes
1/26/2023 State Taxes
1/26/2023 Payroll Deductions

TOTAL INFORMATIONAL WARRANTS
$ 177,816.93 $ 242,670.77
$ 58,295.70
$ 6,558.14
$ 1,906.08
$ 244,576.85

CITY TREASURER
$ 1,594,868.04
$ 1,791,150.12

Accounts Payable
Checks for Approval
User:

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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21639 01/30/2023 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 1,880.89 Check Total: 1,880.89
21640 01/30/2023 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 263.42 Check Total: 263.42
21641 01/30/2023 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 775.95 Check Total: 775.95
21642 01/30/2023 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 29.71 Check Total: 29.71
21643 01/26/2023 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 818.04 Check Total: 818.04
21644 01/26/2023 General Fund Garnishments FRANCHISE TAX BOARD 210.00 Check Total: 210.00
21645 01/26/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 21645 01/26/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 Check Total: 67.18
21646 01/26/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 405.43 21646 01/26/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 405.43 Check Total: 810.86
21647 02/03/2023 General Fund Rents & Leases QUADIENT LEASING USA, INC. 1,606.53 Check Total: 1,606.53
AP-Checks for Approval (2/9/2023 - 11:08 AM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Report Total: 6,462.58
AP-Checks for Approval (2/9/2023 - 11:08 AM) Page 2

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
2/9/2023 - 11:09 AM
it 1
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750 Bollevue R.oaC1, f' oter CA 5O1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 02/13/2023 General Fund Office Supplies QUADIENT FINANCE USA, INC. 2,000.00 0 02/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 85,000.00 0 02/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 191,340.63 0 02/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 40,030.73 0 02/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 55,000.00 0 02/13/2023 Public Safety Trans & Use Tax Rents & Leases U.S. BANK EQUIPMENT FINANCE 1,674.65 Check Total: 375,046.01
21648 02/13/2023 RDVLPMNT Obligation Retirement Professional Services A.M. PECHE & ASSOC. LLC 400.00 21648 02/13/2023 RDVLPMNT Obligation Retirement Professional Services A.M. PECFIE & ASSOC. LLC 2,500.00 21648 02/13/2023 RDVLPMNT Obligation Retirement Professional Services A.M. PECHE & ASSOC. LLC 558.52 Check Total: 3,458.52
21649 02/13/2023 Water Enterprise Fund Professional Services ABS PRESORT, INC. 985.28 21649 02/13/2023 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 985.28 21649 02/13/2023 Sanitation Enterprise Fund Professional Services ABS PRESORT, INC. 985.28 21649 02/13/2023 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,200.00 21649 02/13/2023 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,200.00 21649 02/13/2023 Sanitation Enterprise Fund Office Supplies ABS PRESORT, INC. 1,200.00 Check Total: 6,555.84
21650 02/13/2023 Internal Service Fund Professional Services ADVANCED HEATING & AIR 95.00 Check Total: 95.00
21651 02/13/2023 Gas Tax/Street Improvement Professional Services ADVANCED MOBILITY GROUP 1,280.00 Check Total: 1,280.00
21652 02/13/2023 Internal Service Fund Special Departmental Expense AIR EXCHANGE, INC. 86.32 Check Total: 86.32
21653 02/13/2023 Information Technology Fund Special Departmental Expense AIRESPRING 3,768.96 21653 02/13/2023 Information Technology Fund Special Departmental Expense AIRESPRING 10,466.21 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 1
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 14,235.17
21654 02/13/2023 General Fund Office Supplies ALLIED WEST PRINTING 173.15 Check Total: 173.15
21655 02/13/2023 General Fund Professional Services ALLWAYS TOWING, L.L.C. 390.00 21655 02/13/2023 General Fund Professional Services ALLWAYS TOWING, L.L.C. 390.00 Check Total: 780.00
21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.01 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 19.96 21656 02/13/2023 General Fund Youth Basketball AMAZON CAPITAL SERVICES 12.84 21656 02/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 281.50 21656 02/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 47.40 21656 02/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 54.11 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.36 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.36 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 186.16 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.36 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.36 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.36 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 9.36 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.64 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 32.46 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 54.54 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 22.19 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 19.47 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 506.62 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 146.14 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,775.30 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 30.28 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 70.85 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 95.30 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 204.62 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 216.49 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 33.54 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 216.49 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 216.49 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 64.40 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 10.81 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 8.42 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 41.37 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 17.60 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 2
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I

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 7.58 21656 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 97.38 21656 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 33.55 21656 02/13/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 33.55 21656 02/13/2023 Sewer Enterprise Fund Office Supplies AMAZON CAPITAL SERVICES 10.71 21656 02/13/2023 Sewer Enterprise Fund Office Supplies AMAZON CAPITAL SERVICES 26.72 21656 02/13/2023 Sewer Enterprise Fund Office Supplies AMAZON CAPITAL SERVICES 31.60 21656 02/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 61.55 21656 02/13/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 29.27 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 118.45 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 32.48 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 324.72 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 324.72 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 108.24 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 17.32 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 46.49 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 226.74 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 220.60 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 869.84 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 31.86 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 211.41 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 595.36 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 102.36 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 211.41 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 45.36 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 68.26 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 68.14 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 40.29 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 49.78 21656 02/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 36.94 21656 02/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 227.10 21656 02/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 166.70 21656 02/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,406.17 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES -41.08 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES -74.11 21656 02/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES -32.46 Check Total: 10,273.16
21657 02/13/2023 General Fund Travel/Conferences/Meetings DANNY AMBRIZ 90.00 21657 02/13/2023 General Fund Travel/Conferences/Meetings DANNY AMBRIZ 140.83 Check Total: 230.83
21658 02/13/2023 Internal Service Fund Utilities AMERIGAS - MODESTO 1,657.63 AP-Chccks for Approval (2/9/2023 - 11:09 AM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21658 02/13/2023 Internal Service Fund Utilities AMERIGAS - MODESTO 123.76 Check Total: 1,781.39
21659 02/13/2023 General Fund Castle Park Deposits MARIA ANDRADE 150.00 Check Total: 150.00
21660 02/13/2023 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 3,494.83 21660 02/13/2023 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 13,517.24 21660 02/13/2023 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 4,934.43 Check Total: 21,946.50
21661 02/13/2023 General Fund Community Center Deposits EUSTOLIA ARREDONDO 350.0() Check Total: 350.00
21662 02/13/2023 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK 208.38 21662 02/13/2023 Internal Service Fund Professional Services ASSOCIATES LOCK 250.00 Check Total: 458.38
21663 02/13/2023 General Fund Communications AT and T - CALNET3 134.86 21663 02/13/2023 Northwood Village LD Communications AT and T - CALNET3 24.50 21663 02/13/2023 Meadow View LD Communications AT and T - CALNET3 24.50 21663 02/13/2023 Water Enterprise Fund Communications AT and T - CALNET3 274.67 21663 02/13/2023 Sewer Enterprise Fund Communications AT and T - CALNET3 367.21 21663 02/13/2023 Internal Service Fund Communications AT and T - CALNET3 562.16 Check Total: 1,387.90
21664 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense ATWATER ELECTRIC 4,638.00 21664 02/13/2023 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 2,040.00 21664 02/13/2023 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 375.00 21664 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense ATWATER ELECTRIC 392.30 21664 02/13/2023 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 2,720.00 Check Total: 10,165.30
21665 02/13/2023 Internal Service Fund Special Departmental Expense ATWATER GLASS 174.95 Check Total: 174.95
21666 02/13/2023 Internal Service Fund Special Departmental Expense B & B PLUMBING 1,728.42 21666 02/13/2023 Internal Service Fund Professional Services B & B PLUMBING 1,440.00 Check Total: 3,168.42
21667 02/13/2023 Internal Service Fund Professional Services BAUER COMPRESSORS 560.00 _
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AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 560.00
21668 02/13/2023 Internal Service Fund Operations & Maintenance BELKORP AG, LLC 535.88 Check Total: 535.88
21669 02/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,003.29 21669 02/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 412.72 21669 02/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,539.46 21669 02/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,282.85 21669 02/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,957.52 Check Total: 9,195.84
21670 02/13/2023 General Fund Professional Services BEST BEST & KRIEGER 16,053.75 21670 02/13/2023 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 2,654.50 21670 02/13/2023 Sanitation Enterprise Fund Professional Services BEST BEST & KRIEGER 554.00 21670 02/13/2023 General Fund Professional Services BEST BEST & KRIEGER 1,464.00 21670 02/13/2023 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 554.00 21670 02/13/2023 Risk Management Fund Professional Services BEST BEST & KRIEGER 10,631.00 Check Total: 31,911.25
21671 02/13/2023 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 17.43 21671 02/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 166.39 21671 02/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 24.96 21671 02/13/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 25.00 21671 02/13/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 11.61 21671 02/13/2023 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 52.34 Check Total: 297.73
21672 02/13/2023 General Fund Professional Services BILL'S TOWING 165.00 Check Total: 165.00
21673 02/13/2023 Internal Service Fund Special Departmental Expense BK INDUSTRIES INC. 2,865.00 21673 02/13/2023 Internal Service Fund Professional Services BK INDUSTRIES INC. 8,600.00 Check Total: 11,465.00
21674 02/13/2023 Water Enterprise Fund Professional Services BLACK WATER CONSULTING ENGINEERING, 1,239.50 Check Total: 1,239.50
21675 02/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 200.00
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AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21676 02/13/2023 General Fund Uniform & Clothing Expense BPS TACTICAL 1,751.68 Check Total: 1,751.68
21677 02/13/2023 General Fund Special Departmental Expense BRADY INDUSTRIES 129.65 21677 02/13/2023 Sewer Enterprise Fund Special Departmental Expense BRADY INDUSTRIES 158.55 21677 02/13/2023 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 894.03 21677 02/13/2023 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 710.41 21677 02/13/2023 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 9.54 Check Total: 1,902.18
21678 02/13/2023 Sewer Enterprise Fund Special Departmental Expense JIM BRISCO ENTERPRISES 2,375.00 21678 02/13/2023 Sewer Enterprise Fund Special Departmental Expense JIM BRISCO ENTERPRISES 4,750.00 Check Total: 7,125.00
21679 02/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 21679 02/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 19.00 21679 02/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 21679 02/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 84.00 21679 02/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 114.00 21679 02/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 168.00 21679 02/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 19.00 21679 02/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 21679 02/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 565.00 21679 02/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 113.00 21679 02/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 21679 02/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 1,356.00 Check Total: 3,543.00
21680 02/13/2023 Internal Service Fund Operations & Maintenance BURTON'S FIRE, INC. 689.41 21680 02/13/2023 Internal Service Fund Operations & Maintenance BURTON'S FIRE, INC. 460.26 Check Total: 1,149.67
21681 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 22.58 21681 02/13/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 45.00 21681 02/13/2023 General Fund Special Departmental Expense CAL FARM SERVICES 35.02 21681 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense CAI_ FARM SERVICES 204.07 21681 02/13/2023 General Fund Special Departmental Expense CAL FARM SERVICES 198.22 Check Total: 504.89
21682 02/13/2023 General Fund Travel/Conferences/Meetings JOHN CALE 136.24 Check Total: 136.24
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AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 6

('heck Number Check Date Fund Name Account Name Vendor Name Void Amount 21683 02/13/2023 General Fund Memberships & Subscriptions CALIFORNIA CLETS USER GROUP 125.00 Check Total: 125.00
21684 02/13/2023 Internal Service Fund Professional Services CALIFORNIA CUSTOM POWER SPORTS, INC. 470.00 21684 02/13/2023 Internal Service Fund Operations & Maintenance CALIFORNIA CUSTOM POWER SPORTS, INC. 734.65 Check Total: 1,204.65
21685 02/13/2023 General Fund Memberships & Subscriptions CALIFORNIA PEACE OFFICER'S ASSOCIATIO' 150.00 Check Total: 150.00
21686 02/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 21686 02/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 21686 02/13/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 21686 02/13/2023 General Fund Uniform & Clothing Expense CINTAS 7.07 21686 02/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 21686 02/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21686 02/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 35.81 21686 02/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 21686 02/13/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 21686 02/13/2023 General Fund Uniform & Clothing Expense CINTAS 6.49 21686 02/13/2023 General Fund Uniform & Clothing Expense CINTAS 7.07 21686 02/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21686 02/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 35.81 21686 02/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 21686 02/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 21686 02/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 21686 02/13/2023 General Fund Uniform & Clothing Expense CINTAS 7.07 21686 02/13/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 21686 02/13/2023 General Fund Uniform & Clothing Expense CINTAS 13.68 21686 02/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21686 02/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 21686 02/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 35.81 21686 02/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 21686 02/13/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 21686 02/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21686 02/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 21686 02/13/2023 General Fund Uniform & Clothing Expense CINTAS 20.75 21686 02/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 35.81 21686 02/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 21686 02/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 Check Total: 933.29
21687 02/13/2023 Internal Service Fund Communications COMCAST CABLE 13.27 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 7
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 13.27
21688 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORS 242.80 21688 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR 938.53 21688 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR 62.79 21688 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORS 263.81 21688 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORS -104.35 Check Total: 1,403.58
21689 02/13/2023 Watcr Enterprise Fund Small Tools CORE & MAIN LP 1,294.78 Check Total: 1,294.78
21690 02/13/2023 General Fund Training CPCA 595.00
Check Total: 595.00
21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 10.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21691 02/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 30.00 Check Total: 600.00
21692 02/13/2023 Information Technology Fund Special Departmental Expense DATA PATH, INC. 400.00 21692 02/13/2023 Information Technology Fund Professional Services DATA PATH, INC. 8,680.00 21692 02/13/2023 Information Technology Fund Memberships & Subscriptions DATA PATH, INC. 2,472.85 21692 02/13/2023 Information Technology Fund Professional Services DATA PATH, INC. 2,530.00 21692 02/13/2023 Information Technology Fund Memberships & Subscriptions DATA PATII, INC. 1,694.00 Check Total: 15,776.85
21693 02/13/2023 Internal Service Fund Professional Services DELRAY TIRE 237.50 21693 02/13/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,310.58 -
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AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21693 02/13/2023 Internal Service Fund Professional Services DELRAY TIRE 144.20 21693 02/13/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 31.27 Check Total: 1,723.55
21694 02/13/2023 General Fund Communications DEI TA WIRELESS & NETWORK SOLUTIONS 217.50 Check Total: 217.50
21695 02/13/2023 Public Safety Trans & Use Tax Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 663,319.14 21695 02/13/2023 CFD Districts Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 100,000.00 Check Total: 763,319.14
21696 02/13/2023 General Fund Community Center Deposits RUDY DIAZ 350.00 Check Total: 350.00
21697 02/13/2023 Sewer Enterprise Fund Machinery & Equipment DOM'S ELECTRIC MOTOR SHOP 136.99 21697 02/13/2023 Sewer Enterprise Fund Machinery & Equipment DOM'S ELECTRIC MOTOR SHOP 11,855.65 Check Total: 11,992.64
21698 02/13/2023 Internal Service Fund Professional Services DON'S MOBILE GLASS 150.00 21698 02/13/2023 Internal Service Fund Operations & Maintenance DON'S MOBILE GLASS 32,48 Check Total: 182.48
21699 02/13/2023 Internal Service Fund Professional Services DOUGOLYN PEST CONTROL 192.00 Check Total: 192.00
21700 02/13/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 44.38 21700 02/13/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 75.76 21700 02/13/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 242.39 Check Total: 362.53
21701 02/13/2023 General Fund Special Departmental Expense ETCH THIS AND THAT 16.20 Check Total: 16.20
21702 02/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 58.63 21702 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense FASTENAL COMPANY 50.78 21702 02/13/2023 Sewer Enterprise Fund Small Tools FASTENAL COMPANY 134.57 21702 02/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 87.17 21702 02/13/2023 Water Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 160.53 21702 02/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 1,461.66 21702 02/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 89.65 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 9
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,042.99
21703 02/13/2023 General Fund Office Supplies FEDERAL EXPRESS 44.77 21703 02/13/2023 General Fund Office Supplies FEDERAL EXPRESS 44.31 Check Total: 89.08
21704 02/13/2023 Water Enterprise Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 2,863.19 21704 02/13/2023 Water Enterprise Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 1,188.28 Check Total: 4,051.47
21705 02/13/2023 Sewer Enterprise Fund Special Departmental Expense FOSTER'S PUMPS, INC. 583.37 Check Total: 583.37
21706 02/13/2023 Internal Service Fund Professional Services FRESNO ROOFING COMPANY, INC. 204.18 Check Total: 204.18
21707 02/13/2023 Sewer Enterprise Fund Professional Services GHD 14,474.18 Check Total: 14,474.18
21708 02/13/2023 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 54.56 21708 02/13/2023 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 16.36 21708 02/13/2023 General Fund Special Departmental Expense GRAINGER, INC. 355.90 21708 02/13/2023 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 65.38 21708 02/13/2023 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 85.18 Check Total: 577.38
21709 02/13/2023 General Fund Training GRIDIRON TRAINING 800.00 Check Total: 800.00
21710 02/13/2023 Sanitation Enterprise Fund Professional Services IIF&H CONSULTANTS 16,850.00 Check Total: 16,850.00
21711 02/13/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 55.00 21711 02/13/2023 Internal Service Fund Utilities I-IOFFMAN ELECTRONIC SYSTEMS 719.95 Check Total: 774.95
21712 02/13/2023 Sewer Enterprise Fund Special Departmental Expense HORIZON 138.95 21712 02/13/2023 Sewer Enterprise Fund Special Departmental Expense HORIZON 1,405.43 21712 02/13/2023 Water Enterprise Fund Special Departmental Expense HORIZON 1,405.43 21712 02/13/2023 Sewer Enterprise Fund Special Departmental Expense IIORIZON 69.47 21712 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense HORIZON 777.35 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 10
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 3,796.63
21713 02/13/2023 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 4,912.42 Check Total: 4,912.42
21714 02/13/2023 General Fund Miscellaneous INGRAI JAM TROPHIES 174.15 Check Total: 174.15
21715 02/13/2023 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 1,479.87 Check Total: 1,479.87
21716 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 259.80 21716 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 4,189.28 Check Total: 4,449.08
21717 02/13/2023 General Fund Business License Tax JBL BUILDERS, INC 9.00 Check Total: 9.00
21718 02/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 830.18 21718 02/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 227.84 21718 02/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,615.13 21718 02/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,302.08 21718 02/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 342.42 21718 02/13/2023 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 362.18 21718 02/13/2023 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 222.30 21718 02/13/2023 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 223.55 21718 02/13/2023 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 148.98 21718 02/13/2023 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 492.18 21718 02/13/2023 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 367.38 21718 02/13/2023 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 133.38 21718 02/13/2023 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 277.94 21718 02/13/2023 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 795.86 21718 02/13/2023 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 223.86 21718 02/13/2023 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,042.48 21718 02/13/2023 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 570.18 21718 02/13/2023 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 379.86 21718 02/13/2023 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 414.18 Check Total: 9,971.96
21719 02/13/2023 Internal Service Fund Special Departmental Expense JOHNSTONE SUPPLY 235.35 21719 02/13/2023 Internal Service Fund Special Departmental Expense JOHNSTONE SUPPLY 79.25 --
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AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 11

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 314.60
21720 02/13/2023 General Fund Professional Services JORGENSEN COMPANY 188.63 Check Total: 188.63
21721 02/13/2023 Water Enterprise Fund Uniform & Clothing Expense KELLOGG'S SUPPLY 650.49 21721 02/13/2023 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 226.05 21721 02/13/2023 General Fund Special Departmental Expense KELLOGG'S SUPPLY 37.98 21721 02/13/2023 Internal Service Fund Operations & Maintenance KELLOGG'S SUPPLY 30.27 21721 02/13/2023 General Fund Special Departmental Expense KELLOGG'S SUPPLY 215.08 21721 02/13/2023 General Fund Special Departmental Expense KELLOGG'S SUPPLY 263.22 Check Total: 1,423.09
21722 02/13/2023 General Fund Training LAPPL/ PROFESSIONAL DEVELOPMENT INST 465.00 Check Total: 465.00
21723 02/13/2023 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 216.48 21723 02/13/2023 Internal Service Fund Small Tools LATTA'S AUTO SUPPLY 45.97 21723 02/13/2023 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 41.11 21723 02/13/2023 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 12.44 Check Total: 316.00
21724 02/13/2023 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 290.20 21724 02/13/2023 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 456.62 Check Total: 746.82
21725 02/13/2023 General Fund Training MARIN CONSULTING ASSOCIATES 625.00 Check Total: 625.00
21726 02/13/2023 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 117.76 21726 02/13/2023 Internal Service Fund Professional Services MCAULEY MOTORS 1,485.00 21726 02/13/2023 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 5,293.63 Check Total: 6,896.39
21727 02/13/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 534.39 21727 02/13/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 28.04 21727 02/13/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 612.03 21727 02/13/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 500.64 Check Total: 1,675.10
21728 02/13/2023 General Fund Professional Services MERCED COUNTY ANIMAL CONTROL 5,535.00 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 12
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 5,535.00
21729 02/13/2023 General Fund Professional Services MERCED FENCE COMPANY 175.00 21729 02/13/2023 General Fund Professional Services MERCED FENCE COMPANY 270.00 21729 02/13/2023 General Fund Professional Services MERCED FENCE COMPANY 270.00 Check Total: 715.00
21730 02/13/2023 Sewer Enterprise Fund Professional Services MERCED IRRIGATION DISTRICT 723.57 21730 02/13/2023 General Fund Utilities MERCED IRRIGATION DISTRICT 694.74 21730 02/13/2023 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 776.20 21730 02/13/2023 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 204.61 21730 02/13/2023 Price Annexation LMA Utilities MERCED IRRIGATION DISTRICT 116.57 21730 02/13/2023 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 581.41 21730 02/13/2023 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 57.50 21730 02/13/2023 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 68.21 21730 02/13/2023 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 34.08 21730 02/13/2023 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 68.21 21730 02/13/2023 Stone Creek LD utilities MERCED IRRIGATION DISTRICT 317.70 21730 02/13/2023 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 19.17 21730 02/13/2023 America West LD Utilities MERCED IRRIGATION DISTRICT 151.18 21730 02/13/2023 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 335.26 21730 02/13/2023 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 19.17 21730 02/13/2023 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 420.32 21730 02/13/2023 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 645.26 21730 02/13/2023 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 728.11 21730 02/13/2023 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 377.25 21730 02/13/2023 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 351.92 21730 02/13/2023 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 19.17 21730 02/13/2023 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 428.51 21730 02/13/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 640.91 21730 02/13/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 6,553.64 21730 02/13/2023 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 76.33 Check Total: 14,409.00
21731 02/13/2023 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 98.00 Check Total: 98.00
21732 02/13/2023 Internal Service Fund Professional Services MODESTO OVERHEAD DOOR 373.25 Check Total: 373.25
21733 02/13/2023 Internal Service Fund Professional Services MSC SOLUTIONS, INC. 41.75 21733 02/13/2023 Internal Service Fund Professional Services MSC SOLUTIONS, INC. 41.75 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 13

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21733 02/13/2023 Internal Service Fund Professional Services MSC SOLUTIONS, INC. 41.75 Check Total: 125.25
21734 02/13/2023 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIP. 903.18 21734 02/13/2023 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIP. 1,550.87 Check Total: 2,454.05
21735 02/13/2023 General Fund Professional Services MUNISERVICES LLC 10,476.83 21735 02/13/2023 General Fund Professional Services MUNISERVICES LLC 646.70 Check Total: 11,123.53 ~.
21736 02/13/2023 Risk Management Fund Professional Services NATION INVESTIGATIONS 900.00 Check Total: 900.00 .~
21737 02/13/2023 General Fund Community Center Deposits MATTHEW NELSON 210.00 Check Total: 210.00
21738 02/13/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 16.16 21738 02/13/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 9.00 21738 02/13/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 154.58 Check Total: 179.74 -
21739 02/13/2023 Information Technology Fund Special Departmental Expense NEW HORIZON COMMUNICATIONS CORP 4,777.93 Check Total: 4,777.93
21740 02/13/2023 General Fund Office Supplies TI-IE OFFICE CITY 61.43 21740 02/13/2023 General Fund Office Supplies THE OFFICE CITY 39.38 21740 02/13/2023 General Fund Office Supplies THE OFFICE CITY 70.63 21740 02/13/2023 General Fund Office Supplies THE OFFICE CITY 17.89 21740 02/13/2023 General Fund Office Supplies THE OFFICE CITY 170.01 21740 02/13/2023 General Fund Office Supplies THE OFFICE CITY 56.67 21740 02/13/2023 General Fund Office Supplies THE OFFICE CITY 135.83 21740 02/13/2023 General Fund Office Supplies THE OFFICE CITY 170.01 Check Total: 721.85
21741 02/13/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 22.70 21741 02/13/2023 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 31.38 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 227.29 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 227.29 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 227.29 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 263.48 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 83.10 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 14

Check Number Check Date Fund Name :Account Name Vendor Name Void Amount 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 78.30 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 360.83 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 156.27 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -22.00 21741 02/13/2023 Internal Service Fund Small Tools O'REILLY AUTO PARTS 53.01 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 288.27 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -267.38 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 72.48 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 53.75 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 37.87 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 20.56 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 207.93 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 169.38 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 9.15 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -22.00 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 28.63 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 267.38 21741 02/13/2023 Internal Service Fund Small Tools O'REILLY AUTO PARTS 14.06 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 10.15 21741 02/13/2023 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 15.13 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 260.46 21741 02/13/2023 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 39.47 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -46.55 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 354.77 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 991.29 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 115.43 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 103.88 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 22.91 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 45.81 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 45.43 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -92.01 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 64.92 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 298.58 21741 02/13/2023 Internal Service Fund Small Tools O'REILLY AUTO PARTS 18.38 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -87.65 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 17.31 21741 02/13/2023 Sewer Enterprise Fund Small Tools O'REILLY AUTO PARTS 113.19 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 16.56 21741 02/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 12.98 Check Total: 4,909.46
21742 02/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 1,237.69 21742 02/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 37.29 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 15

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21742 02/13/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 245.22 21742 02/13/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 24,276.62 21742 02/13/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 2,899.85 21742 02/13/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 27.10 Check Total: 28,723.77
21743 02/13/2023 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 4,646.24 21743 02/13/2023 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 3,423.31 Check Total: 8,069.55
21744 02/13/2023 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 24.63 21744 02/13/2023 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 19.48 Check Total: 44.11
21745 02/13/2023 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 1,624.90 Check Total: 1,624.90
21746 02/13/2023 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 4,204.20 21746 02/13/2023 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 9,392.50 Check Total: 13,596.70
21747 02/13/2023 General Fund Community Center Deposits LUPE RAMOS 350.00 21747 02/13/2023 General Fund Community Center Deposits LUPE RAMOS 210.00 Check Total: 560.00
21748 02/13/2023 General Fund Community Center Deposits ASHLEIGH RICE 350.00 21748 02/13/2023 General Fund Community Center Deposits ASHLEIGH RICE 210.00 Check Total: 560.00
21749 02/13/2023 Sewer Enterprise Fund Professional Services ROBERTSON-BRYAN, INC 333.75 Check Total: 333.75
21750 02/13/2023 Sewer Enterprise Fund Professional Services ROTO ROOTER PLUMBERS 1,475.00 Check Total: 1,475.00
21751 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 149.49 21751 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 216.76 Check Total: 366.25
21752 02/13/2023 General Fund Professional Services SANTA FE PET HOSPITAL 654.75 21752 02/13/2023 General Fund Professional Services SANTA FE PET HOSPITAL 203.75 --
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AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 16

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21752 02/13/2023 General Fund Professional Services SANTA FE PET HOSPITAL 322.39 Check Total: 1,180.89
21753 02/13/2023 General Fund Training DAVE SARGINSON 8.70 21753 02/13/2023 General Fund Training DAVE SARGINSON 15.00 21753 02/13/2023 General Fund Training DAVE SARGINSON 26.00 21753 02/13/2023 General Fund Training DAVE SARGINSON 15.00 21753 02/13/2023 General Fund Training DAVE SARGINSON 12.35 21753 02/13/2023 General Fund Training DAVE SARGINSON 17.00 21753 02/13/2023 General Fund Training DAVE SARGINSON 17.00 21753 02/13/2023 General Fund Training DAVE SARGINSON 11.50 21753 02/13/2023 General Fund Training DAVE SARGINSON 13.00 21753 02/13/2023 General Fund Training DAVE SARGINSON 15.00 21753 02/13/2023 General Fund Training DAVE SARGINSON 12.35 21753 02/13/2023 General Fund Training DAVE SARGINSON 8.70 Check Total: 171.60
21754 02/13/2023 General Fund Training SECRETARY OF STATE 40.00 Check Total: 40.00
21755 02/13/2023 General Fund Training SECRETARY OF STATE 40.00 Check Total: 40.00
21756 02/13/2023 Risk Management Fund Special Departmental Expense SECRETARY OF STATE 40.00 Check Total: 40.00
21757 02/13/2023 General Fund Professional Services SECRETARY OF STATE 80.00 Check Total: 80.00
21758 02/13/2023 Water Enterprise Fund Special Departmental Expense SHANNON PUMP CO. 149.99 Check Total: 149.99
21759 02/13/2023 General Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 338.39 21759 02/13/2023 Internal Service Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 416.06 Check Total: 754.45
21760 02/13/2023 General Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 280.00 Check Total: 280.00
21761 02/13/2023 Sewer Enterprise Fund Special Departmental Expense SMITH & LOVELESS INC. 71.26 -
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AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 17

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 71.26 —
21762 02/13/2023 General Fund Uniform & Clothing Expense DAYTON SNYDER 26.00 21762 02/13/2023 General Fund Uniform & Clothing Expense DAYTON SNYDER 140.43 Check Total: 166.43 ^
21763 02/13/2023 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRIC 840.00 Check Total: 840.00
21764 02/13/2023 General I•und Office Supplies STAPLES BUSINESS ADVANTAGE 112.30 21764 02/13/2023 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 68.19 Check Total: 180.49 '
21765 02/13/2023 Internal Service Fund Professional Services STATE PRO BUILDERS INC. 3,970.00 21765 02/13/2023 Internal Service Fund Special Departmental Expense STATE PRO BUILDERS INC. 960.00 21765 02/13/2023 Internal Service Fund Professional Services STATE PRO BUILDERS INC. 2,350.00 Check Total: 7,280.00
21766 02/13/2023 General Fund Professional Services STERICYCLE, INC. 35.96 Check Total: 35.96
21767 02/13/2023 Internal Service Fund Professional Services STRAIGHT EDGE ROOFING, INC 3,500.00 Check Total: 3,500.00
21768 02/13/2023 General Fund Special Departmental Expense SUN VALLEY PORTABLE RESTROOMS INC. 5,100.00 Check Total: 5,100.00
21769 02/13/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 2,380.31 Check Total: 2,3 80.31
21770 02/13/2023 Water Enterprise Fund Training SWRCR-DWOCP 55.00 Check Total: 55.00
21771 02/13/2023 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,770.13 21771 02/13/2023 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 4,754.69 21771 02/13/2023 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,717.50 21771 02/13/2023 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 858.38 Check Total: 9,100.70
21772 02/13/2023 Internal Service Fund Improvements Other Than Bldg THE SIGN GUYS 6,204.27 AP-Checks R~r Approval (2/9/2023 - 11 :09 AM) Page 18

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 6,204.27
21773 02/13/2023 General Fund Professional Services TNB TOWING & RECOVERY 260.00 Check Total: 260.00
21774 02/13/2023 General Fund Community Center Deposits KRISTIAN GABRIEI, TUTOY TORRES 262.50 Check Total: 262.50
21775 02/13/2023 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 9,539.62 Check Total: 9,539.62
21776 02/13/2023 Sewer Enterprise Fund Special Departmental Expense ULINE 275.53 21776 02/13/2023 Sewer Enterprise Fund Special Departmental Expense ULINE 971.83 21776 02/13/2023 Sewer Enterprise Fund Special Departmental Expense ULINE 972.58 21776 02/13/2023 Water Enterprise Fund Special Departmental Expense ULINE 33.27 Check Total: 2,253.21
21777 02/13/2023 General Fund Business License Tax UNIVERSAL ELECTRIC INC 25.00 21777 02/13/2023 General Fund SB 1186 Fees-Business License UNIVERSAL ELECTRIC INC 4.00 Check Total: 29.00
21778 02/13/2023 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,418.70 21778 02/13/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 465.09 21778 02/13/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 2,758.85 Check Total: 4,642.64
21779 02/13/2023 General Fund Improvements Other Than Bldg VALLEY BUSINESS CENTER 4,027.80 Check Total: 4,027.80
21780 02/13/2023 Internal Service Fund Operations & Maintenance VAN DE POI_ 11,894.25 21780 02/13/2023 Internal Service Fund Operations & Maintenance VAN DE POL 9,900.34 21780 02/13/2023 Internal Service Fund Operations & Maintenance VAN DE POL 1,335.01 Check Total: 23,129.60
21781 02/13/2023 General Fund Communications VERIZON WIRELESS 560.14 Check Total: 560.14
21782 02/13/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,125.12 Check Total: 1,125.12
21783 02/13/2023 General Fund Improvements Other Than Bldg WARD ENTERPRISES 195.00 AP-Checks for Approval (2/9/2023 - 11:09 AM) Page 19
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21783 02/13/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 18.15 Check Total: 213.15
21784 02/13/2023 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 29.39 21784 02/13/2023 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 168.28 21784 02/13/2023 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 101.10 Check Total: 298.77
21785 02/13/2023 Internal Service Fund Utilities WEST COAST GAS CO. INC. 34.99 Check Total: 34.99
21786 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE -6.65 21786 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 21.52 21786 02/13/2023 General Fund Special Departmental Expense WINTON HARDWARE 28.87 21786 02/13/2023 Internal Service Fund Special Departmental Expense WINTON HARDWARE 5.14 21786 02/13/2023 Internal Service Fund Special Departmental Expense WINTON HARDWARE 1.71 21786 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 15.07 21786 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 79.71 21786 02/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 52.78 21786 02/13/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 4.83 Check Total: 202.98
21787 02/13/2023 General Fund Special Departmental Expense WORK WELLNESS 465.00 Check Total: 465.00
Report Total: 1,588,405.46
AP-Chccks for Approval (2/9/2023 - 11:09 AM) Page 20
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CITY OF ATWATER
Minutes

CITY COUNCIL
AND

SUCCESSOR AGENCY TO THE

ATWATER REDEVELOPMENT AGENCY

ACTION MINUTES
December 12, 2022
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater and the Governing Board 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.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Will Creighton.

INVOCATION:

The Invocation was led by Police Chaplain Jim McClellan.

ROLL CALL:

Present: City Council Members/Board Members Ambriz, Button, Raymond, Mayor Pro Tem/Board Vice Chair Cale, Mayor/Board Chair Creighton

Absent: None
Staff Present: City Manager Waterman/Executive Director, City Attorney Splendorio, Police Chief Salvador, Battalion Chief Ayuso,

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 2 Public Works Director Vinson, Community Development
Director Thompson, Public Works Director Vinson, City
Clerk/Board Secretary Billings, Finance Director Youmara, Human Resources Manager Joyner, Deputy City Clerk/Deputy Board Secretary Martin
MINUTES: (City Council)

1. a) August 8, 2022 – Regular meeting
b) August 22, 2022 – Regular meeting
c) September 12, 2022 – Regular meeting
ACTION: Mayor Pro Tem/Board Vice Chair Cale moved to approve the Minutes as listed. The motion was seconded by City Council Member/Board Member Ambriz and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Creighton; Noes: None;

Absent: None. The motion passed.

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)
City Manager Waterman provided background information on this item.

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

None. The motion passed.

OUTGOING MAYOR COMMENTS:

Mayor/Chair Creighton thanked the residents of Atwater for allowing him to serve as Mayor.

CEREMONIAL MATTERS:

Presentation of plaque to Paul Creighton for his years of service as Mayor and City Council Member to the City of Atwater

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 3 Mayor Pro Tem/Vice Chair Cale made the presentation to Paul Creighton.

PRAYER FOR EXITING MAYOR:

The prayer was led by Pastor Rich Miller.

OATH OF OFFICE:
• City Council Member Danny Ambriz
• City Council Member Brian Raymond
• Mayor Mike Nelson
City Clerk/Board Secretary Billings administered the oath of office to the newly elected City Council Members/Board Members Danny Ambriz and Brian Raymond, as well as Mayor/Chair Mike Nelson.

RECESS TO BRIEF RECEPTION:

City Manager Waterman called for a recess to a brief reception at 6:16 PM.

RESUME REGULAR SESSION:

The City Council of the City of Atwater returned to the dais and Mayor/Board Chair Nelson resumed the meeting at 6:28 PM.

ROLL CALL: (City Council/Governing Board)

Present: City Council Members/Board Members Ambriz, Button, Raymond, Mayor Pro Tem/Board Vice Chair Cale, Mayor/Board Chair Nelson

Absent: None
Staff Present: City Manager/Executive Director Waterman, City Attorney Splendorio, Police Chief Salvador, Battalion Chief Ayuso, Public Works Director Vinson, Community Development
Director Thompson, Public Works Director Vinson, City
Clerk/Board Secretary Billings, Finance Director Youmara, Human Resources Manager Joyner, Deputy City Clerk/Deputy Board Secretary Martin

OPENING STATEMENTS FROM NEWLY ELECTED CITY COUNCIL MEMBERS AND MAYOR:

City Council Member/Board Member Ambriz thanked all those that voted and participated in the November election. He thanked his opponent in the November 2022 election. He also thanked his family and community members who assisted during his campaign.

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 4 City Council Member/Board Member Raymond thanks God. He looks forward to the next four years of service.

Mayor/Board Chair Nelson introduces his family to those in attendance. He thanked the residence, spoke regarding his campaign and the needs of the community and staff members.

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

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

Absent: None. The motion passed.

CONSENT CALENDAR:

Mayor/Board Chair Nelson 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/Board Member Raymond moved to approve the Consent Calendar as posted. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Ambriz, Raymond, Cale; Noes: None; Absent:

Button, Creighton. The motion passed.

TREASURER’S REPORT:

3. October 31, 2022
ACTION: Approval of report as listed.

WARRANTS:

4. a) November 28, 2022
b) December 12, 2022
ACTION: Approval of warrants as listed.

MINUTES: (Planning Commission)

5. August 17, 2022

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 5 ACTION: 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)
ACTION: 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)
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.

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) ACTION: 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.

PUBLIC HEARINGS:

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)
Community Development Director Thompson provided background information on this item.

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 6 Finance Director Youmara provided background information on this item.

Mayor Pro Tem/Vice Chair Cale asked regarding the rate structure.

Mayor/Board Chair Nelson opened the public hearing.

One person spoke in favor of the ordinance.

One person spoke regarding the impacts of Cannabis and the use of funds received.

One person spoke regarding the impacts of Cannabis.

One person spoke regarding the rate structure.

One person spoke regarding the rate structure and sales growth.

Mayor/Board Chair Nelson closed the public hearing.

City Council Member/Board Member Raymond spoke regarding the use of the funds and the streamlining of the process.

City Council Member/Board Member Button spoke regarding the rate structure and asked for clarification.

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

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)
Mayor/Board Chair Nelson opened the public hearing.

Community Development Director Thompson provided background information on this item.

No one came forward to speak.

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 7 Mayor/Board Chair Nelson closed the public hearing.

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

Absent: None. The motion passed.

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)
Mayor/Board Chair Nelson read the introduction to open the appeal hearing.

Mayor/Board Chair Nelson acting as presiding officer.

City Attorney provided a brief overview of proceeding requirements.

Mayor/Board Chair Nelson opened the public hearing.

Community Development Director Thompson provided background information on this item.

Appellant provided information regarding the project.

Six people spoke in favor of the project.

Appellant addressed the lighting regarding the project.

Mayor/Board Chair Nelson closed the public hearing.

Mayor/Board Chair Nelson provided background information regarding the Planning Commission deadlock vote.

City Council Member/Board Member Raymond spoke regarding his support of the project.

City Council Member/Board Member Ambriz spoke regarding his support of the project.

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 8 Mayor Pro Tem/Vice Chair Cale spoke regarding his support of the project.

City Council Member/Board Member Button spoke regarding his support of the project.

Mayor/Chair Nelson spoke regarding his support of the project.

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

REPORTS AND PRESENTATIONS FROM STAFF:

Awarding a General Construction Contract for the Pedestrian and Roadway Improvements on Laurel Avenue and Sixth Street Project (Community Development Director Thompson)
Community Development Director Thompson provided background information on this item.

One person spoke in favor of this project moving forward.

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

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)
Finance Director Youmara provided background information on this item.

MOTION: City Council Member/Board Member Button moved to adopt Resolution 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

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 9 for Fiscal Year 2023-24. The motion was seconded by City Council Member/Board Member Raymond and the vote was: Ayes: Ambriz, Raymond, Cale, Button, Nelson; Noes: None; Absent: None. The motion passed.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

Public Works director Justin Vinson spoke regarding the recent floods in the City of Atwater.

One person spoke regarding the floods in their neighborhood.

One person spoke regarding their recent election.

One person spoke welcoming the new Mayor, the Christmas events and the support of the City Council Members, staff, and community.

One person spoke regarding the recent election and an upcoming event at their business location.

One person spoke regarding the work provided of the Public Works department and Christmas in Atwater.

One person spoke regarding the various projects with Old Town Atwater.

No one else came forward to speak.

CITY COUNCIL MATTERS:
2023 City Council Reorganization/Mayor's Committee Assignments • Mayor Pro Tem – Brian Raymond
• Merced County Association of Governments – Mayor Nelson and City Council Member Raymond (alternate)
• League of California Cities Central Valley Division – Mayor Nelson and City Council Member Ambriz and Button (alternates)
• City Audit and Finance Committee – Mayor Nelson and City Council Member Ambriz
• LAFCO – City Council Member Raymond
• USP/Atwater Community Liaison Group – City Council Member Cale • Atwater Community Services/Neighborhood Watch – City Council Member Cale
• 4th of July Committee – City Council Member Cale
• San Joaquin Valley Air Pollution Control District – City Council Member Ambriz (representative) City Council Member Button (alternate)

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 10 • SGMA – Public Works Director Justin Vinson and Community Development Director Greg Thompson (alternate)
• Merced IRWMP – Mayor Nelson and City Council Member Cale (alternate) • ACE Train – City Council Member Raymond and Mayor Nelson (alternate) • One Voice – Mayor Nelson and City Council Member Ambriz (alternate) • Bloss Museum – City Council Member Raymond and Mayor Nelson • Christmas Parade – City Council Member Ambriz and Cale • General Plan Technical Advisory Committee – Mayor Nelson and City Council Member Raymond
MOTION: City Council Member/Board Member Button moved to ratify the Mayor's Committee Assignments. The motion was seconded by City Council Member/Board Member Raymond and the vote was: Ayes: Raymond, Ambriz, Cale, Button, Nelson; Noes: None; Absent: None. The motion passed.

City Council comments
Mayor/Chair Nelson congratulated City Council Cale regarding the election as well as the suggestion of having the invocation prior to the pledge of allegiance for City Council Meetings.

City Council Member/Board Member Button congratulated Old Town Atwater regarding the Ice-Skating Rink allowing the School District to use the facility. He spoke regarding the Christmas Adventure at Bloss Mansion and the Atwater High School Drama Department, Ms. Aguilar.

City Council Member/Board Member Raymond thanked the Public Works Department. He reminded the community the reason for the Christmas season and to have a nice holiday season.

City Council Member/Board Member Ambriz thanked the Public Works Director for the update regarding the work of the staff over this past weekend and the weather conditions. He spoke regarding the recent campaign and the election. He wished the community a Merry Christmas and to have a nice holiday season.

Mayor Pro Tem/Vice Chair Cale thanked the Public Works department for their hard work during this rainy season. He congratulated Old Town Atwater on a wonderful Christmas parade as well as the Grand Marshal, Jean Kirby. He congratulated Mayor Nelson for a successful Mayor race. He asked that the community remember the reason for the season.

ADJOURNMENT:

Mayor/Chair Nelson adjourned the Regular Session to Conference Room A for Closed Session at 8:08 PM.

City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 11 CLOSED SESSION:

Closed Session resumed at 8:17 PM.
• Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of cases (1) Closed Session adjourned at 8:21 PM
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

City Attorney Splendorio reported City Council considered one item. No reportable action was taken. The Closed session item was completed.

ADJOURNMENT:

Mayor Nelson adjourned the meeting at 8:23 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

SPECIAL MEETING

CITY COUNCIL

ACTION MINUTES
January 9, 2023
CALL TO ORDER:

The City Council of the City of Atwater met in Special Session this date at 4:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was postponed to the Regular Session.

ROLL CALL:

Present: City Council Members Button, Cale, Raymond, Mayor Nelson

Absent: City Council Member Ambriz
Staff Present: City Manager Waterman, City Attorney Splendorio, Community Development Director Thompson, Administrative Assistant Peralta, Deputy City Clerk Martin
PUBLIC COMMENT:

Notice to the public was read.

No one came forward to speak.

CITY OF ATWATER
Minutes

City Council Special Meeting Action Minutes for January 9, 2023 Page 2 BOARD OF TRUSTEE INTERVIEW:

Interviews for one (1) scheduled vacancy on the Merced County Mosquito Abatement District Board of Trustees City of Atwater, for the term of four (4) years, ending December 31, 2026.

The City Council interviewed the two qualified candidates.

BOARD OF TRUSTEE NOMINATION AND APPOINTMENT:

Appointment of one (1) Board of Trustee to the scheduled vacancy on the Merced County Mosquito Abatement District Board of Trustees, for the term of four (4) years, ending December 31, 2026.

City Attorney Splendorio provided background information on the nomination process.

Deputy City Clerk Martin opened the nomination period.

Mayor Nelson nominates Kim Kathleen Miller.

Mayor Pro Tem Raymond nominates George Ronald Pirtle.

Deputy City Clerk Martin closed the nomination period.

NOMINATION: Mayor Nelson moved to appoint candidate Kim Kathleen Miller to fill the scheduled vacancy on the Merced County Mosquito Abatement District Board of Trustees, for the term of four (4) years, ending on December 31, 2026. The vote was: Ayes: Button, Nelson; Noes: Raymond, Cale; Absent: Ambriz. The nomination failed.

NOMINATION: Mayor Pro Tem Raymond moved to appoint candidate George Ronald Pirtle to fill the scheduled vacancy on the Merced County Mosquito Abatement District Board of Trustees, for the term of four (4) years, ending on December 31, 2026. The vote was: Ayes: Button, Cale, Raymond; Noes: Nelson;

Absent: Ambriz. The nomination passes.

Mayor Pro Tem Raymond announced that due to a conflict that he will not be participating in the Planning Commissioner interviews and left the dais at 4:22 PM.

Mayor Nelson called a recess at 4:23 PM.

Mayor and City Council Members returned to the dais and resumed the meeting at 4:29 PM.

City Council Special Meeting Action Minutes for January 9, 2023 Page 3 City Council Member Ambriz joined the meeting at the dais at 4:29 PM.

COMMISSIONER MEMBER INTERVIEWS:

Interviews for one (1) scheduled vacancy on the City of Atwater Planning Commission, for the term of four (4) years, ending December 31, 2026.

The City Council interviewed the six qualified candidates.

COMMISSIONER MEMBER NOMINATION AND APPOINTMENT:

Appointment of one (1) Commissioner Member to the scheduled vacancy on the City of Atwater Planning Commission, for the term of four (4) years, ending December 31, 2026.

City Attorney Splendorio provided background information on the nomination process.

Deputy City Clerk Martin opened the nomination period.

City Council Member nominated Mayra Sanchez Garcia.

City Council Member Ambriz nominated Shari Mead.

Mayor Nelson nominated Mary Ellen Arana.

Deputy City Clerk closed the nomination period.

NOMINATION: City Council Member Button moved to appoint candidate Mayra Sanchez Garcia to fill the scheduled vacancy on the City of Atwater Planning Commission to the City of Atwater Planning Commission, for the term of four (4) years, ending on December 31, 2026. The vote was: Ayes: Button, Cale, Nelson; Noes: Ambriz; Absent: Raymond. The nomination passes.

ADJOURNMENT:

Mayor Nelson adjourned the Special Meeting at 5:22 PM.
_________________________________

JANELL MARTIN,

DEPUTY CITY CLERK

CITY OF ATWATER
Minutes

CITY COUNCIL
AND

SUCCESSOR AGENCY TO THE

ATWATER REDEVELOPMENT AGENCY

ACTION MINUTES
January 9, 2023
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater and the Governing Board 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 Nelson presiding.

ROLL CALL:

Present: City Council Members/Board Members Ambriz, Button, Cale, Mayor Pro Tem/Board Vice Chair Raymond, Mayor/Board Chair Nelson

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

No one came forward to speak.

Mayor/Chair Nelson Adjourned the meeting Conference Room A for Closed

City Council and Successor Agency to the ARA Meeting Action Minutes for January 9, 2023 Page 2 Session at 5:32 PM. Closed Session was called to order at 5:35 PM.

Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator regarding property acquisition. Agency Negotiator: City Manager Waterman.

Property Owner Negotiator: Global International
Property Locations: APN 156-060-013
APN 156-060-014
Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of cases (2) Pursuant to Government Code Section 54957, Public Employee Annual Performance Evaluation; Title: City Manager
Closed Session adjourned at 5:57 PM.

REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater and the Governing Board of the Successor Agency to the Atwater Redevelopment Agency met in Regular Session this date at 6:03 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.

INVOCATION:

The Invocation was led by Pastor Rich Miller.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The pledge of allegiance to the flag was led by City Council Member Button.

ROLL CALL: (City Council/Governing Board)

Present: City Council Members/Board Members Ambriz, Button, Cale, Mayor Pro Tem/Board Vice Chair Raymond, Mayor/Board Chair Nelson

Absent: None
Staff Present: City Manager/Executive Director Waterman, City Attorney Splendorio, Police Chief Salvador, Battalion Chief Ayuso, Public Works Director Vinson, Community Development
Director Thompson, Public Works Director Vinson, City
Clerk/Board Secretary Billings, Finance Director Youmara, Deputy City Clerk/Deputy Board Secretary Martin
SUBSEQUENT NEED ITEMS: None

City Council and Successor Agency to the ARA Meeting Action Minutes for January 9, 2023 Page 3 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: City Council Member/Board Member Cale moved to approve the agenda as posted. The motion was seconded by City Council Member/Board Member Button and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes:

None; Absent: None. The motion passed.

CEREMONIAL MATTERS:

Presentation of trophy to City Department for winning the City Christmas tree decorating contest
Pastor Rich Miller made a short presentation regarding Christmas in Atwater and to the City of Atwater Fire Department for winning the tree decorating contest.

Presentation of certificate of appreciation to Peggy Heller Elementary School for “Pennies for Presents.”
Chief Salvador provided background information regarding the funds raised and received by Peggy Heller Elementary, for the City of Atwater Fire and Police Holiday Toy Drive.

City Council Member/Board Member Button presented the certificate on behalf of the City Council to Peggy Heller Elementary School.

National Law Enforcement Appreciation Day January 9, 2023 Mayor/Chair Nelson read and presented a proclamation to Police Chief Salvador, on behalf of the Police Department, recognizing Monday, January 9, 2023 as National Law Enforcement Appreciation Day.

CONSENT CALENDAR:

Mayor/Board Chair Nelson 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.

Agenda item #7 under Ordinances (Waiving Second and Adoption), “Adoption of 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,” was removed from the Consent Calendar for separate discussion and possible action.

City Council and Successor Agency to the ARA Meeting Action Minutes for January 9, 2023 Page 4 MOTION: City Council Member/Board Member Raymond moved to approve the Consent Calendar as amended. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Ambriz, Raymond, Cale; Noes: None; Absent:

Button, Creighton. The motion passed.

WARRANTS:

1. a) December 27, 2022
b) January 9, 2023
ACTION: Approval of warrants as listed.

MINUTES: (Citizens’ Oversight Committee)

2. June 14, 2022
ACTION: Approval of minutes as listed.

MINUTES: (City Council)

3. a) November 1, 2022 – Special Meeting
b) November 14, 2022 – Special Meeting
ACTION: Approval of minutes as listed.

AGREEMENTS:

4. Approving a Purchase Order with Calgon Carbon Corporation for GAC Exchange at Well 19 (Public Works Director Vinson)
ACTION: Approves a Purchase Agreement (Purchase Order), in a form approved by the City Attorney, to Calgon Carbon Corporation of Moon Township, Pennsylvania for GAC Exchange in Well 19, in an amount not to exceed $90,599; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City (Class 1 and Class 3 Categorical Exemptions -- Sections 15301 and 15303 of the State CEQA Guidelines).

RESOLUTIONS:

5. Declaring the property located at 998 Atwater Boulevard (APN 003-170-034) as Exempt Surplus Land pursuant to the Surplus Land Act (Community Development Director Thompson)
ACTION: Adopts Resolution No. SA 2023-1 declaring the property located at 998 Atwater Boulevard (APN 003-170-034), as Exempt Surplus Land pursuant to the Surplus Lands Act; authorizing the City Manager to take action(s) necessary to effectuate the purposes of the Resolution; and adopts Resolution No. 3362-23

City Council and Successor Agency to the ARA Meeting Action Minutes for January 9, 2023 Page 5 approving Budget Amendment No. 7 Amending Fiscal Year Budget 2022-23 Regarding Acquisition of Property of 998 Atwater Boulevard.

6. Declaring the property located at 980 Cedar Avenue (APN 003-071-001) as Exempt Surplus Land pursuant to the Surplus Land Act (Community Development Director Thompson)
ACTION: Adopts Resolution No. HSA 2023-1 declaring the property located at 980 Cedar Avenue (APN 003-071-001), as Exempt Surplus Land pursuant to the Surplus Lands Act; authorizes the City Manager to take action(s) necessary to effectuate the purposes of the Resolution, including conveyance of the property to the City to be used for public infrastructure purposes; and adopts Resolution No. 3363-23 approving Budget Amendment No. 8 Amending Fiscal Year 2022-23 Budget Regarding Acquisition of Property of 980 Cedar Avenue.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

7. Adoption of 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 (Community Development Director Thompson and Finance Director Youmara)
This item was removed from the consent calendar for separate discussion and possible action.

8. Adoption of 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) ACTION: Adopts 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.

CLAIMS AGAINST THE CITY: (Note to the Public: Portions of this claim have been redacted because they do not affect the City Council’s ability to make a decision on the claim. The claim, however, is a public document and can be made available upon request by members of the public. If you have any questions or would like to request this document, please contact the City Clerk’s office at (209) 357-6241.)

9. Claim No. 2022-13
ACTION: After consideration and investigation, it is staff's recommendation that Claim No. 2022-13 be rejected.

10. Claim No. 2022-14

City Council and Successor Agency to the ARA Meeting Action Minutes for January 9, 2023 Page 6 ACTION: After consideration and investigation, it is staff's recommendation that Claim No. 2022-14 be rejected.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

Adoption of 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 (Community Development Director Thompson and Finance Director Youmara)
Mayor Pro Tem/Vice Chair Raymond spoke regarding the item and that he would like to make sure that he is able to vote against the ordinance and tax rate.

City Council Member/Board Member Cale asked for clarification regarding Mayor Pro Tem/Vice Chair Raymond request.

City Attorney Splendorio clarified this item was for the second reading of the ordinance.

MOTION: City Council Member/Board Chair Cale moved to adopt 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. The motion was seconded by City Council Member/Board Member Ambriz and the vote was: Ayes: Button, Ambriz, Cale, Nelson; Noes: Raymond; Absent: None. The motion passed.

PUBLIC HEARINGS:

Adopting resolution amending Fiscal Year 2022-23 Miscellaneous Fee Schedule (Finance Director Youmara)
Finance Director Youmara provided background information on this item.

Mayor/Board Chair Nelson opened the public hearing.

One person spoke regarding the impacts of Cannabis businesses and the amounts that are owed by the businesses.

Mayor/Board Chair Nelson closed the public hearing.

MOTION: City Council Member/Board Member Button moved to adopt Resolution No. 3347-22 amending the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2022-2023. The motion was seconded by City Council Member/Board Member Cale and the vote was: Ayes: Cale, Ambriz Button, Nelson; Noes: Raymond;

Absent: None. The motion passed.

City Council and Successor Agency to the ARA Meeting Action Minutes for January 9, 2023 Page 7 Waiving the first reading, by title only, and introducing an ordinance Amending certain sections of Title 17 “Zoning” of the Atwater Municipal Code relating to Building Height Regulations (Community Development Director Thompson)
Mayor/Board Chair Nelson opened the public hearing.

Community Development Director Thompson provided background information on this item.

No one came forward to speak.

Mayor/Board Chair Nelson closed the public hearing.

MOTION: City Council Member/Board Member Cale moved to waive first reading and introduce Ordinance No. CS 1056 Amending certain sections of Title 17 “Zoning” of the Atwater Municipal Code relating to Building Height Regulations. The motion was seconded by Mayor Pro Tem/Vice Chair Raymond and the vote was: Ayes: Button, Ambriz, Cale, Raymond, Nelson; Noes: None;

Absent: None. The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Awarding a General Construction Contract for Downtown Pedestrian Improvement Project-Phase 1 (Categorically Exempt under CEQA - Existing Facilities) (Community Development Director Thompson)
Community Development Director Thompson provided background information on this item.

Mayor/Chair Nelson asked if any members of the public would like to speak regarding this item.

No one came forward regarding this item.

MOTION: City Council Member/Board Member Ambriz moved to award a General Construction Contract, in a form approved by the City Attorney, to Seal Rite Paving of Fresno, California, for the Downtown Pedestrian Improvements Project-Phase 1, City Project No. 20-7, Federal Project No. CML-5254(030), in an amount not to exceed 811,821.35, and authorize construction contract change orders up to an aggregate of $81,182.13 (10%); and authorize and direct the City Manager, to execute all contract documents on behalf of the City. The motion was seconded by Mayor Pro Tem/Vice Chair Raymond and the vote was: Ayes: Button, Ambriz, Cale, Raymond, Nelson; Noes: None; Absent: None. The motion passed.

Presentation regarding re-tasking of Broadway Avenue including discussion and possible direction regarding re-tasking (Community Development Director Thompson)

City Council and Successor Agency to the ARA Meeting Action Minutes for January 9, 2023 Page 8 Community Development Director Thompson provided background information on this item.

Michael Beerends of GHD provided background information regarding the retasking of Broadway Avenue.

Mayor Pro Tem/Vice Chair Raymond asked for clarification regarding the best option for Broadway Avenue.

City Council Member/Board Member Cale asked for clarification regarding the concept for Broadway Avenue.

Mayor/Chair asked regarding the design and the concept for Broadway Avenue.

Community Development Director Thompson provided clarification.

Mayor/Chair Nelson asked if any members of the public would like to speak regarding this item.

One person spoke regarding various celebrations downtown.

One person spoke regarding the cost of the project.

Mayor/Chair Nelson spoke regarding the project and waiting regarding the circulation element of the General Plan.

MOTION: City Council Member/Board Member Ambriz moved to give direction to move forward with Broadway Avenue preferred option of the Planning Commission; Sidewalk, Northside alignment, and diagonal parking, Southside. The motion was seconded by City Council Member/Board Member Button and the vote was: Ayes: Button, Ambriz, Cale, Raymond; Noes: Nelson; Absent: None. The motion passed.

CITY MANAGER REPORTS/UPDATES:

City Manager Waterman recognized Deputy City Manager Del Real for her 34 years of service with the City of Atwater.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

Merced County District 3 Supervisor Daron McDaniel spoke regarding the flooding in Merced County and the various programs available to residents if needed.

One person spoke regarding the floods in their neighborhood.

City Council and Successor Agency to the ARA Meeting Action Minutes for January 9, 2023 Page 9 One person spoke regarding the care of the Public Works department and the filling of pot holes.

Nick Gomes, District Representative, Congressman John Duarte office, spoke regarding being the new representative and where and how to contact the office.

No one else came forward to speak.

CITY COUNCIL REPORTS/UPDATES:

City Council Member Cale, District 1 thanked the Public Works department for their hard work during this season as they have worked long hours. He spoke regarding a meeting that he attended for the Office of Emergency Services. He thanked Pastor Miller, his family and Church for Christmas in Atwater.

City Council Member Button, District 2 congratulated Deputy City Manager for her years of service with the City of Atwater. He reminded the residents to be safe and not to travel unless they must. He is currently coaching girls’ basketball and hoping they won their game this evening as he couldn’t attend.

City Council Member Ambriz, District 3 spoke regarding E. Broadway and some possible issues that need to be addressed.

Mayor Pro Tem Raymond, District 4 congratulated Nicole Silveira on her swearing in for Merced County District Attorney. He also recognized his mom for her years of service with the Planning Commission.

Mayor Nelson spoke regarding transportation funds. He thanked the City Manager and the Finance Director regarding transparency and the warrant runs. He announced the appointments for Merced County Mosquito Abatement (George Ronald Pirtle) and Planning Commission (Mayra Sanchez-Garcia). He thanked Public Works for their hard work during the current weather conditions. He also thanked all the staff that support Public Works.

ADJOURNMENT:

Mayor/Chair Nelson adjourned the meeting at 7:06 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

SPECIAL MEETING

CITY COUNCIL

ACTION MINUTES
January 17, 2023
CALL TO ORDER:

The City Council of the City of Atwater met in Special Session this date at 4:33 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was led by City Council Member Ambriz.

ROLL CALL:

Present: City Council Members Ambriz, Cale, Mayor Nelson

Absent: City Council Members Button, Raymond
Staff Present: City Manager Waterman, Police Chief Salvador, Battalion Chief Lopes, Deputy City Clerk Martin
PUBLIC COMMENT:

Notice to the public was read.

No one came forward to speak.

CITY OF ATWATER
Minutes

City Council Special Meeting Action Minutes for January 17, 2023 Page 2 RESOLUTION:

Ratifying the Proclamation of Existence of a Local Emergency by the Director of Emergency Services (City Manager Waterman)
City Manager Waterman provided background information on this item.

MOTION: City Council Member Cale moved to adopt Resolution No. 3364-23 ratifying the Proclamation of Existence of a Local Emergency by the City Manager/Director of Emergency Services dated January 10, 2023. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Ambriz, Cale, Nelson; Noes: None; Absent: Button, Raymond. The motion passed.

ADJOURNMENT:

Mayor Nelson adjourned the Special Meeting at 4:36 PM.
_________________________________

JANELL MARTIN,

DEPUTY CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 13, 2023
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Awarding an Equipment Purchase Agreement (Purchase Order) with Pro Force Law Enforcement for the purchase of Sig Sauer P320 handguns for the Police Department (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3368-23 approving Budget Amendment No. 11 amending the Fiscal Year 2022-23 Budget regarding appropriating funds in the amount of $27,445.50 to the Fiscal Year 2022-23 General Fund Police Department Budget; and Awarding Purchase Agreement with Pro Force Law Enforcement of Arizona, in the amount not to exceed $31,000; and authorize and direct the City Manager to execute the Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

At the regular City Council meeting on October 24, 2022, the City Council authorized a call for bids, Bid Call 718 to qualified providers for the purpose of replacing the current sidearm of the Police Department.

Bid proposals for this project were opened on Tuesday, November 10, 2022, at 2:00 P.M. and were totaled and reviewed for responsiveness. Two (2) bid proposals were received. The Bid Summary (Exhibit “A”) shows the bid amounts ranging from $30,156.29 to $36,805.

Staff reviewed the bids and determined that the bid submitted by Pro Force Law Enforcement of Prescott, Arizona, in the amount of $30,156.29 is the lowest responsive and responsible bid. Staff is recommending that the Pro Force bid be accepted and authorized to enter into a purchasing agreement to acquire the firearms.

II. FISCAL
IMPACTS:

The cost of the firearm replacement was originally requested by the Police Department to be budgeted in the FY 2022-23 Budget in the General Fund, Police Field Services, Machinery And Equipment expense account number 0001-2021-6021 for a total of $20,000. In January 2023, the Police Department received unanticipated revenue from the City of

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

San Francisco in the amount of $27,450.50 for its responses to assist the San Francisco Police Department during the civil unrest in 2020.

Approval of Resolution 3368-23, Budget Amendment No.11, to increase the General Fund, Police Field Services, Machinery And Equipment expense account number 0001-2021-6021 by $27,450 will provide sufficient funding to cover the FY 2022-23 cost of the requested purchase.

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 and is a step to complete the Police Department’s strategic plan presented on April 8th, 2019.

V. ALTERNATIVES:

Not Applicable
VI. INTERDEPARTMENTAL COORDINATION:

Not applicable
VII. PUBLIC PARTICIPATION:

Not Applicable
VIII. ENVIRONMENTAL
REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, staff will coordinate the execution of the Agreement.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Agenda Report - Page 3

Lori Waterman, City Manager
Attachments:

1. Exhibit A, bid call 718-22

2. Resolution No. 3368-23 Approves Budget Amendment No. 11 RE Pro Force

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CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3368-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 11 AMENDING 2022-2023

FISCAL YEAR BUDGET REGARDING THE

APPROPRIATION OF FUNDS DERIVED FROM

UNANTICIPATED REVENUE FROM THE CITY OF

SAN FRANSISCO TO THE GENERAL FUND
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3317-22 adopting the 2022-2023 Fiscal Year Budget on June 27, 2022; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 10 to the 2022-2023 Fiscal Year Budget as follows:

SECTION 1: Increasing budget in Public Safety Transactions and Use Tax Fund, Police Department for Fiscal Year 2022-2023
Increase
(Revenue)
0001-2020-4034 Police Cost Recovery $27,450
Increase
(Expense)
0001-2021-6021 Machinery and
Equipment
$27,450
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

Resolution No. 3368-23 Page 2
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

The foregoing resolution is hereby adopted this 13th day of February 2023.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_________________________________

KORY BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 13, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Sam Rashe, Senior Planner
SUBJECT: Waiving the first reading, by title only, and introducing a Zoning Ordinance Text Amendment of the City Council
amending Chapter 17.49.020, “Definition of mini-warehouse,” of the Atwater Municipal Code (Community Development
Director Thompson)

RECOMMENDED COUNCIL ACTION
Open the public hearing and take any testimony given;
Close the public hearing; and,
Motion to waive the first reading and introduce Ordinance No. CS 1058 amending Chapter 17.49.020 “Definition of mini-warehouse,” of the Atwater Municipal Code; or, Motion to approve staff’s recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

On January 9, 2023, City Council adopted Ordinance CS 1056 to replace height limitation with a new regulation that would better suit the City’s needs. The newly adopted ordinance was coordinated with the Fire Department to ensure public safety.

The newly adopted ordinance removed the 35-foot limitation and updated the municipal code to allow taller buildings through staff review amending the following sections:

17.10.050, 17.16.060, 17.17.060, 17.19.060, 17.21.060, 17.22.060, 17.24.060,

17.34.050, 17.35.050, 17.36.070, 17.37.040, 17.38.050, 17.39.050, 17.40.040,

17.42.040, and 17.44.120.

Chapter 17.49.020 of the Atwater Municipal Code (AMC) provides the following definition of a mini-warehouse “A mini-warehouse can be defined as a building or group of single-story buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of customers goods or wares, mainly excess personal property." Clients are mainly apartment or mobile home dwellers, transients, service clubs, and recently small commercial business owners. A use permit for mini-warehouses may be

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

considered in industrial, highway-related, and general commercial zones, planned development with mixed uses, and residential transition zones.

This Zoning Ordinance Text Amendment (ZOTA) would propose, if adopted by Council upon Planning Commission’s recommendation, to amend the definition of mini warehouse and remove the following language “single story.” ANALYSIS:

There is currently one mini-warehouse facility that exceeds one story. The existing miniwarehouse is in a PD-30 (Planned Development) zone at 201 Gertrude Ave. The purpose of a Planned Development zone is to provide a flexible zone district that will implement the City’s General Plan. The PD zone also has the following specific purposes:

1. Relate the development to the characteristics of the site through the flexibility of design to enhance the natural attributes of the site.

2. Provide a harmonious and integrated relationship between the land, buildings, and uses through innovative design.

3. Promote architectural variety while maintaining compatible styles and design.

4. Encourage mixed land uses where desirable and make them compatible styles and design.

5. Encourage development efficiencies through innovative design and land use relationships.

6. Ensure safe and efficient circulation of motor vehicles, bicycles, and pedestrians with minimum interference between them, and minimize the use of motor vehicles within the development.

7. Encourage development of properties into unified developments and ensuring development is consistent with any City Council-adopted design guidelines.

8. Reduce speculative ventures by requiring that a master plan for development of the property be processed concurrently with the zone change application.

The mini-warehouse, located at 201 Gertrude Ave, was approved by the City Council on September 15, 2004. The City Council approval consisted of a Planned Development Master Plan (04-2) to establish a master plan for the construction of off-site and on-site improvements and a Planned Development Final Development Plan (04-2) identifying building location and architectural elevations. Although the PD zone's specific purposes are to allow design flexibility, promote architectural variety and encourage development efficiency through innovative design, the project at 201 Gertrude Ave, did not match the current definition of a mini-warehouse. The proposed ZOTA will bring consistency to the definition of a mini-warehouse and the newly adopted Ordinance CS# 1056. The ZOTA will still require mini-warehouses located in Industrial, highway-related, and general commercial zones, planned development with mixed uses, and residential transition
II. FISCAL IMPACTS:

No negative fiscal impacts are anticipated with the approval of this project. This item

Agenda Report - Page 3

has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

The ordinance will amend Section 17.49.020, “Definition of mini-warehouse,”.

The draft ordinance does not conflict with any policies of the General Plan or other City policies or guidelines.

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

City staff coordinated with the Chief Building Official and Public Safety.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL
REVIEW:

Pursuant to the California Environmental Quality Act (CEQA), the project is exempt under section 15061(b)(3), the “Common Sense” Exemption, which states “the activity is covered by a common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” IX. STEPS FOLLOWING APPROVAL:

The second reading and adoption of the ordinance will be scheduled for the next regular City Council meeting.

Submitted by:

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

Agenda Report - Page 4

Lori Waterman, City Manager
Attachments:

1. Ordinance No. CS 1058

2. RSO PC 0218-22 Resolution Signed

3. 17.49.020___Definition_of_mini_warehouse.

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1058

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING CHAPTER

17.49.020 OF THE ATWATER MUNICIPAL CODE,
“MINI-WAREHOUSES,” TO REMOVE THE
LANGUAGE “SINGLE STORY”.

WHEREAS, the City of Atwater adopted Ordinance CS.1056 on January 9, 2023, to amend a number of sections throughout the Zoning chapter of the Atwater Municipal Code to allow for the development of buildings taller than the previously permitted 35 feet, subject to staff review and Planning Commission approval; and, WHEREAS, in accordance with these updates to the Zoning chapter of the Municipal Code, City staff now submit Zoning Ordinance Text Amendment (ZOTA) 22-24-0100 for an amendment to Chapter 17.49.020 of the Atwater Municipal Code to remove the language “single story” from the definition of a mini-warehouse; and, WHEREAS, in accordance with established goals and objectives regarding economic development in the General Plan, the City, through its powers to govern land use can amend, revise, repeal, or place sections of the Zoning Chapter within the City’s Municipal Code; and,
WHEREAS, the City Council finds that the action would not have a detrimental effect on the public health, safety, and welfare of the neighborhood nor have any adverse effects on the community.

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

Section 1: The City Council of the City of Atwater does hereby amend 17.49.020 of the Atwater Municipal Code to read in full as follows:

A mini-warehouse can be defined as "a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of customers goods or wares, mainly excess personal property." Clients are mainly apartment or mobile home dwellers, transients, service clubs, and recently small commercial business owners. A use permit for mini-warehouses may be

Ordinance No. 1058 Page 2
considered in industrial, highway related and general commercial zones, planned development with mixed uses and residential transition zones.

Section 2: EFFECTIVE DATE. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

Section 3: SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

This City Council declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the ordinance be enforced.

SECTION 4: CEQA. Approval of the amendments in this Ordinance is exempt from further environmental review under section 15061(b)(3), This exemption states, the activity is covered by the commons sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 5: PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Atwater, pursuant to all legal requirements.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
_____________________________

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

Created: 2022-07-11 10:10:38 [EST]
(Supp. No. 8)

17.49.020 Definition of mini warehouse.

A mini-warehouse can be defined as "a building or group of single story buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of customers goods or wares, mainly excess personal property." Clients are mainly apartment or mobilehome dwellers, transients, service clubs, and recently small commercial business owners. A use permit for mini-warehouses may be considered in industrial, highway related and general commercial zones, planned development with mixed uses and residential transition zones. (Ord. CS 579, 1984)

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 13, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Adopting a resolution authorizing submittal of a Prohousing Designation Program Application to the California Department of Housing and Community Development (HCD) (Community
Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Open the public hearing and take any testimony given;
Close the public hearing;
Motion to adopt Resolution No. 3365-23 authorizing the submittal of an application to the California Department of Housing and Community Development for Prohousing Designation Program; and
Motion to authorize the City Manager, or designee to execute all documents deemed necessary or appropriate to participate in the Prohousing Designation Program, and make any subsequent amendments or modifications related to them as required by the California Department of Housing and Community Development; or Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The City of Atwater has an opportunity to become one of the first Prohousing Designation jurisdictions in the Central Valley – gaining a competitive advantage for critical grant funding and sending a strong signal to the housing development community statewide that the City of Atwater is focused on accelerating housing production.

In 2019, AB 101 established the Prohousing Designation Program (PDP) administered by the California Department of Housing and Community Development (HCD). The PDP identifies local policies that jurisdictions should consider adopting to address housing

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

needs and affordability and identifies State programs and grants for which Prohousing designated jurisdictions should receive preference or additional points. Jurisdictions awarded a Prohousing Designation will receive a competitive advantage for critical affordable housing and infrastructure grant programs, including, the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities, and the Infill Incentive Grant Program.

Per Section 65589.9(f)(2) of the California Government Code:
“Prohousing local policies” means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:
(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B) Reduced parking requirements for sites that are zoned for residential development. (C) Adoption of zoning allowing for use by right for residential and mixed-use development.
(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department. (F) Reduction of permit processing time.
(G) Creation of objective development standards.
(H) Reduction of development impact fees.
(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.

Per Section 65589.9. of the California Government Code:
(a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision. (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources

Agenda Report - Page 3

Code.
(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code. (3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4) Additional bonus points may be awarded to other state programs when already allowable under state law.

ANALYSIS:

The California Department of Housing and Community Development (HCD) began accepting Prohousing applications from all cities and counties on June 30, 2021. As of December 15, 2022, HCD announced that six California cities (City of Citrus Heights, Fontana, Oakland, Roseville, San Diego, and West Sacramento) have earned the state’s Prohousing Designation joining the City of Sacramento.

There are four scoring categories to evaluate jurisdictions under the Prohousing Designation:
• Category 1: Favorable Zoning and Land Use
• Category 2: Acceleration of Housing Production Timelines • Category 3: Reduction of Construction and Development Cost • Category 4: Providing Financial Subsidies
An additional Category titled “Enhancement Factors” allows a jurisdiction to receive extra points for each qualifying Prohousing Policy. For example, Enhancement Factor Category 4 is for “Policies that go beyond state law requirements in reducing displacement of lower income households and conserving existing housing stock that is affordable to lower income households.” Each City policy that works to achieve the goals of Enhancement Factor Category 4 may receive an additional point. However, a policy may not be double counted: if a policy has received points under one category, it cannot receive points in another category.

In order to receive a Prohousing Designation, a jurisdiction must receive a minimum of 30 points. Existing and proposed policies may receive points. Staff has done a preliminary assessment of existing policies and those proposed in the 5th Cycle Housing Element. The attached Preliminary Prohousing Score Sheet details each of the categories eligible for points. Staff has calculated that the City of Atwater is likely to receive 47 points under the four Prohousing categories. Staff has not yet done a full assessment of all policies that qualify for enhancement factors but is confident that the City qualifies for a minimum of eight Enhancement Factor points.

The following table summarizes these calculations:

CATEGORY PRELIMINARY PROHOUSING SCORING

CALCULATION
POINTS

POSSIBLE

ELIGIBL
E
1 Favorable Zoning and Land Use 16 9
2 Acceleration of Housing Production
Timeframes
19 11

Agenda Report - Page 4

3 Reduction of Construction and
Development Costs
11 6
4 Providing Financial Subsidies 12 5
Enhancement
Factors
Each Prohousing Policy will receive extra
points for enhancement factors in
accordance with the chart below.
• If multiple policies, multiple points
9+ 16
TOTAL 30 Points Required for Prohousing
Designation
47 Consistency with the 5th Cycle Housing Element
The City will seek a Prohousing Designation from the California Housing and Community Development Department for enacting favorable zoning and land use policies, policies to accelerate the production of housing, reduction of construction and development policies, and providing financial subsidies. The Prohousing Designation will provide incentives, in the form of additional points or preferences, in the scoring of competitive applications for housing and infrastructure.

Implements Policies: H-1.1; H-1.2; and H-1.3
Responsible department/review authority: Community Development Department, Planning Commission, and City Council
Timeframe: Implement required policies (Short Term)
Funding sources: General Fund
Policies H-1.1; H-1.2; and H-1.3 are tied to Goal H-1 Provide Suitable and Adequate Sites for Residential Development:

Policy H-1.1 Provide adequate sites to meet Atwater’s share of regional housing needs under the Merced County Association of Government housing allocation plan.

Policy H-1.2 Promote and facilitate the construction of housing on vacant and underutilized infill lots to provide housing close to services, transportation, and existing infrastructure.

Policy H-1.3 Provide additional residential land by annexing lands adjacent to the City limits in conjunction with Specific Plans and Plans for providing services that ensure the areas are well-planned and served by adequate infrastructure and City services.

Implements Policies: H-2.1; H-2.2; H-2.3; and H-2.4
Responsible department/review authority: Community Development Department, Planning Commission, and City Council
Timeframe: Implement required policies (Short Term)
Funding sources: General Fund, Developer Fees
Policies H-2.1; H-2.2; H-2.3; and H-2.4 are tied to Goal H-2 Accommodate a range of housing options by type, size, location, price, and tenure:

Agenda Report - Page 5

Policy H-2.1 Designate and zone lands within the City with a variety of land use designations.

Policy H-2.2 Encourage the development of innovative subdivision and housing designs to reduce housing costs.

Policy H-2.3 Review residential zoning district uses to identify opportunities to allow additional types of housing.

Policy H-2.4 Encourage the provision of housing for extremely low-income households (under 30 percent of the County median income); very low-income households (under 50 percent of the County median income); and low income households (under 80 percent of the County median income).

Implements Policies: H-3.1; H-3.2; H-3.3; H-3.4; H-3.5; and H-3.6 Responsible department/review authority: Community Development Department, Planning Commission, and City Council
Timeframe: Implement required policies (Short Term)
Funding sources: General Fund, HOME Grant funds
Policies H-3.1; H-3.2; H-3.3; H-3.4; H-3.5; and H-3.6 are tied to Goal H-3 Increase the supply of affordable housing in the City:

Policy H-3.1 Facilitate or otherwise assist in the development of housing to meet the needs of lower income households.

Policy H-3.2 Facilitate or otherwise provide financial assistance to first-time homebuyers and the construction of affordable housing for such homebuyers.

Policy H-3.3 Facilitate or otherwise provide rental assistance to very low-income families.

Policy H-3.4 Cooperate with service providers to identify resources for providing affordable housing.

Policy H-3.5 Promote the development of affordable housing by providing incentives to achieve a broad mix of housing types.

Policy H-3.6 Offer regulatory incentives and concessions for affordable housing such as relief from development standards through the planned development process, density, bonuses, or fee waivers.

Implements Policies: H-4.1 and H-4.2
Responsible department/review authority: Community Development Department, Planning Commission, and City Council
Timeframe: Implement required policies (Short Term)
Funding sources: General Fund, CDBG , HOME, PLHA Grant Funds Policies H-4.1 and H-4.2 are tied to Goal H-4 Maintain, Conserve, and Rehabilitate existing housing stock:

Policy H-4.1 Continue to actively enforce housing and building codes to ensure safe structures and prevent the deterioration of housing stock.

Policy H-4.2 Encourage the rehabilitation of housing that has fallen into moderate disrepair and the demolition of units that are substandard and beyond repair,

Agenda Report - Page 6

as a means to help improve the neighborhoods.

Implements Policies: H-5.1; H-5.3; H-5.4; and H-5.5
Responsible department/review authority: Community Development Department, Planning Commission, and City Council
Timeframe: Implement required policies (Short Term)
Funding sources: General Fund, Grant Funding Opportunities Policies H-5.1; H-5.3; H-5.4; and H-5.5 are tied to Goal H-5 Accommodate housing for special needs groups:

Policy H-5.1 Facilitate the construction of housing for seniors, persons with disabilities, developmental disabilities, farmworkers, large families, single parents, and homeless persons.

Policy H-5.3 Cooperate with service providers to identify resources for sheltering homeless persons.

Policy H-5.4 Update the municipal code to reflect state law regarding housing.

Policy H-5.5 Require new development to address the needs of persons with disabilities.

Implements Policies: H-6.1
Responsible department/review authority: Community Development Department, Planning Commission, and City Council
Timeframe: Implement required policies (Short Term)
Funding sources: General Fund
Policies H-6.1 is tied to Goal H-6 Minimize the impact of Governmental constraints on housing construction:

Policy H-6.1 The City will review the Zoning Ordinance, permit processes, and development fees to identify and remove potential constraints to the development of a range of housing for all income levels and needs.

Timeline
Staff is coordinating with HCD staff to review and discuss Prohousing policy and the City’s application. This meeting will help clarify submittal requirements and the intent of Prohousing application language; and provide HCD staff with a better understanding of Atwater’s zoning and policies. Staff anticipates completion of all required zoning ordinance text amendments and the necessary documentation and submit the application to HCD by August 2023. Following submittal of the application, HCD has 60 days to provide comments. Application approval and designation as a Prohousing jurisdiction is dependent on the number of comments received and subsequent turnaround time from both the City and State. It took the previous cities designated as Prohousing, approximately six months to receive approval.

II. FISCAL IMPACTS:

No negative fiscal impacts are anticipated with the approval of this application. This item has been reviewed by the Finance Department.

Agenda Report - Page 7

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), three (3), and six (6) of the City’s 2020-2025 Strategic Plan to ensure the City’s continued financial stability, promote transparency through communication, and improve quality of life.

V. ALTERNATIVES:

The City of Atwater, like many other jurisdictions throughout the State, is facing a statewide challenge of providing an adequate supply of affordable housing. The City continues to pursue new sources of local, state, and federal affordable housing funding, in order to create more affordable housing opportunities. A Prohousing Designation will provide the City with a competitive advantage for critical affordable housing and infrastructure grant programs.

VI. INTERDEPARTMENTAL COORDINATION:

An interdepartmental routing sheet was sent to all required departments and affected agencies for review and their comments and conditions have been incorporated.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Staff will continue to work with HCD on the application submittal.

Agenda Report - Page 8

Submitted by:

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

Lori Waterman, City Manager
Attachments:

1. Prohousing-Application DRAFT (2)

2. Resolution No. 3365-23 Prohousing_Application

Prohousing Designation Program Application
State of California
Governor Gavin Newsom
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
2020 West El Camino, Suite 500
Sacramento, CA 95833
Website: https://www.hcd.ca.gov/community-development/prohousing Email: [email protected]
July 2021

Prohousing Designation Program Application Package
Instructions
The applicant is applying for a Prohousing Designation under the Prohousing Designation Program (“Prohousing” or “Program”), which is administered by the Department of Housing and Community Development (“Department”) pursuant to Government Code section 65589.9.

The Program creates incentives for Jurisdictions that are compliant with Housing Element requirements and that have enacted Prohousing Policies. These incentives will take the form of additional points or other preference in the scoring of applications for competitive housing and infrastructure programs. The administrators of each such program will determine the value and form of the preference.

In order to be considered for a Prohousing Designation, the applicant must accurately complete all sections of this application, including any relevant appendices. The Department reserves the right to request additional clarifying information from the applicant.

This application is subject to Government Code section 65589.9, and to the regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) adopted by the Department in promulgation thereof (“Regulations”).

All capitalized terms in this application shall have the meanings set forth in Section 6601 of the Regulations.

All applicants must submit a complete, signed application package to the Department, in electronic format, in order to be considered for a Prohousing Designation. Please direct electronic copies of the completed application package to the following email address:

[email protected].

A complete application will include all items identified in the Application Checklist.

In relation to Appendix 1, the Formal Resolution for the Prohousing Designation Program, please use strikethrough and underline if proposing any modifications to the text of the Resolution.

Appendix 2, the Proposed Policy Completion Schedule, applies only if an application includes proposed policies.

Appendix 3, Project Proposal Scoring Sheet and Sample Project Proposal Scoring Sheet, includes a blank template to be completed by the applicant as part of the application, as well as a Sample Project Proposal Scoring Sheet with an example of how this template may be completed.

Appendix 4 lists examples of Prohousing Policies with enhancement factors to aid applicants in understanding how enhancement factors may be applied.

Appendix 5 is where the applicant will include any additional information and supporting documentation for the application.

If you have questions regarding this application or the Program, or if you require technical assistance in preparing this application, please email [email protected].

Application Checklist
Yes No
Application Information ☒ ☐
Certification and Acknowledgement ☒ ☐
The Legislative Information form is completed. ☒ ☐
The Threshold Requirements Checklist is completed. ☒ ☐
A duly adopted and certified Formal Resolution for the Prohousing Designation Program is included in the application package. (See Appendix 1 for the Formal Resolution for the Prohousing Designation Program (New 04/21) form.)
☐ ☐
If applicable, the Proposed Policy Completion Schedule is completed. (See Appendix 2.)
☒ ☐
The Project Proposal Scoring Sheet is completed. (See Appendix 3 for the Project Proposal Scoring Sheet and the Sample Project Proposal Scoring Sheet)
☒ ☐
Additional information and supporting documentation (Applicant to provide as Appendix 5)
☐ ☐
Application Information
Applicant (Jurisdiction): City of Atwater
Applicant Mailing Address: 750 Bellevue Road
City: Atwater
ZIP Code: 95301
Website: www.atwater.org
Authorized Representative Name Lori Waterman
Authorized Representative Title: City Manager
Phone: 209-357-6201
Email: [email protected]
Contact Person Name: Christina Thurman
Contact Person Title: Executive Assistant
Phone: 209-357-6239
Email: [email protected]
Proposed Total Score (Based on
Appendix 3):
40

CERTIFICATION AND ACKNOWLEDGMENT
As authorized by the Formal Resolution for the Prohousing Designation Program (Resolution No. XXXX-23), which is attached hereto and incorporated by reference as if set forth in full, I hereby submit this full and complete application on behalf of the applicant.

I certify that all information and representations set forth in this application are true and correct.

I further certify that any proposed Prohousing Policy identified herein will be enacted within two (2) years of the date of this application submittal.

I acknowledge that this application constitutes a public record under the California Public Records Act (Gov. Code, § 6250 et seq.) and is therefore subject to public disclosure by the Department.

Signature: __________________________________________
Name and Title: _Lori Waterman, City Manager__
Date: _______________________________________________

Legislative Information
District Number Legislator’s Name
Federal
Congressional
District
16th
District
Jim Costa
State
Assembly
District
21st
District
Diane Papan
State
Senate
District
12th
District
Anna Caballero
Applicants can find their respective State Senate representatives at https://www.senate.ca.gov/, and their respective State Assembly representatives at https://www.assembly.ca.gov/

Threshold Requirements Checklist
The applicant meets the following threshold requirements in accordance with Section 6604 of the Regulations:

Yes No
The applicant is a Jurisdiction. ☒ ☐
The applicant has adopted a Compliant Housing Element. ☒ ☐ The applicant has submitted or will submit a legally sufficient Annual Progress Report prior to designation.
☒ ☐
The applicant has completed, on or before the relevant statutory deadlines, any rezone program or zoning that is necessary to remain in compliance with Government Code section 65583, subdivision (c)(1). ☒ ☐
The applicant is in compliance, at the time of the application, with applicable state housing law, including, but not limited to, Housing Element Law; “No Net Loss” Law (Gov. Code, § 65863); the Housing Accountability Act (Gov. Code, § 65589.5); State Density Bonus Law (Gov. Code, § 65915 et seq.); laws relating to the imposition of school facilities fees or other requirements (Gov. Code, § 65995 et seq.); Least Cost Zoning Law (Gov. Code, § 65913.1); the Housing Crisis Act of 2019 (Stats. 2019, ch. 654); and antidiscrimination law (Gov. Code, § 65008).
☐ ☐
The applicant has duly adopted and certified a Formal Resolution for the Prohousing Designation Program, which is hereby incorporated by reference. (A true and correct copy of the resolution is included in this application package.)
☒ ☐

Project Proposal
Category 1: Favorable Zoning and Land Use
Category Prohousing Policy Description Points
1A Sufficient sites, including rezoning, to accommodate 150 percent or greater of the current or draft RHNA, whichever is greater, by total or income category.
3 1B Permitting missing middle housing uses (e.g., duplexes, triplexes, and fourplexes) by right in existing low-density, single-family residential zones.
3 1C Sufficient sites, including rezoning, to accommodate 125 to 149 percent of the current or draft RHNA, whichever is greater, by total or income category. These points shall not be awarded if the applicant earns three points pursuant to Category (1)(A) above.
2 1D Density bonus programs which exceed statutory requirements by 10 percent or more.
2 1E Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit law (e.g., permitting more than one ADU or JADU per single-family lot).

These policies shall be separate from any qualifying policies under Category (1)(B) above.
2 1F Reducing or eliminating parking requirements for residential development as authorized by Government Code sections 65852.2; adopting vehicular parking ratios that are less than the relevant ratio thresholds at subparagraphs (A), (B), and (C) of Government Code section 65915, subdivision (p)(1); or adopting maximum parking requirements at or less than ratios pursuant to Government Code section 65915, subdivision (p).
2 1G Zoning to allow for residential or mixed uses in one or more nonresidential zones (e.g., commercial, light industrial). Qualifying nonresidential zones do not include open space or substantially similar zones.
1 1H Modification of development standards and other applicable zoning provisions to promote greater development intensity. Potential areas of focus include floor area ratio; height limits; minimum lot or unit sizes; setbacks; and allowable dwelling units per acre. These policies must be separate from any qualifying policies under Category (1)(B) above. 1 1I Establishment of a Workforce Housing Opportunity Zone, as defined in Government Code section 65620, or a housing sustainability district, as defined in Government Code section 66200.
1 1J Demonstrating other zoning and land use actions that measurably support the Acceleration of Housing Production.
1

Project Proposal
Category 2: Acceleration of Housing Production Timeframes Category Prohousing Policy Description Points
2A Establishment of ministerial approval processes for a variety of housing types, including single-family and multifamily housing. 3 2B Establishment of streamlined, program-level CEQA analysis and certification of general plans, community plans, specific plans with accompanying Environmental Impact Reports (EIR), and related documents.
2 2C Documented practice of streamlining housing development at the project level, such as by enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law (Pub. Resources Code, §§ 21155.1, 21155.4, 21159.24, 21159.25; Gov. Code, § 65457; Cal Code Regs., tit. 14, §§ 15303, 15332; Pub. Resources Code, §§ 21094.5, 21099, 21155.2, 21159.28).
2 2D Establishment of permit processes that take less than four months.

Policies under this Category (2)(D) must address all approvals necessary to issue building permits.
2 2E Absence or elimination of public hearings for projects consistent with zoning and the general plan.
2 2F Establishment of consolidated or streamlined permit processes that minimize the levels of review and approval required for projects, and that are consistent with zoning regulations and the general plan. 1 2G Absence, elimination or replacement of subjective development and design standards with objective development and design standards that simplify zoning clearance and improve approval certainty and timing.
1 2H Establishment of one-stop-shop permitting processes or a single point of contact where entitlements are coordinated across city approval functions (e.g., planning, public works, building) from entitlement application to certificate of occupancy.
1 2I Priority permit processing or reduced plan check times for ADUs/JADUs, multifamily housing, or homes affordable to lower- or moderate-income households.
1 2J Establishment of a standardized application form for all entitlement applications.
1 2K Practice of publicly posting status updates on project permit approvals on the Internet.
1 2L Limitation on the total number of hearings for any project to three or fewer. Applicants that accrue points pursuant to Category (2)(E) are not eligible for points under this Category (2)(L).
1 2M Demonstration of other actions, not listed above, that quantifiably decrease production timeframes or promote the streamlining of approval processes.
1

Project Proposal
Category 3: Reduction of Construction and Development Costs Category Prohousing Policy Description Points
3A Waiver or significant reduction of development impact fees for residential development.
3 3B Adoption of ordinances or implementation of other mechanisms that result in less restrictive requirements than Government Code sections 65852.2 and 65852.22 to reduce barriers for property owners to create ADUs/JADUs. Examples of qualifying policies include, but are not limited to, development standards improvements, permit processing improvements, dedicated ADU/JADU staff, technical assistance programs, and pre-approved ADU/JADU design packages.
2 3C Adoption of other fee reduction strategies separate from Category (3)(A) above, including fee deferrals and reduced fees for housing for persons with special needs.
1 3D Promoting innovative housing types (e.g., manufactured homes, recreational vehicles, park models) that reduce development costs. 1 3E Measures that reduce costs for transportation-related infrastructure or programs that encourage active modes of transportation or other alternatives to automobiles. Qualifying policies include, but are not limited to, publicly funded programs to expand sidewalks or protect bike/micro-mobility lanes; creation of on-street parking for bikes; transitrelated improvements; or establishment of carshare programs. 1 3F Adoption of universal design ordinances pursuant to Health and Safety Code section 17959.
1 3G Establishment of pre-approved or prototype plans for missing middle housing types (e.g., duplexes, triplexes, and fourplexes) in low-density, single-family residential areas.
1 3H Demonstration of other actions, not listed above, that quantifiably reduce construction or development costs.
1

Project Proposal
Category 4: Providing Financial Subsidies
Category Prohousing Policy Description Points
4A Establishment of local housing trust funds or collaboration on a regional housing trust fund.
2 4B Provide grants or low-interest loans for ADU/JADU construction affordable to lower- and moderate-income households.
2 4C A comprehensive program that complies with the Surplus Land Act (Gov. Code, § 54220 et seq.) and that makes publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to lower income households. A qualifying program may utilize mechanisms such as land donations, land sales with significant write-downs, or below-market land leases.
2 4D Establishment of an Enhanced Infrastructure Financing District or similar local financing tool that, to the extent feasible, directly supports housing developments in an area where at least 20 percent of the residences will be affordable to lower income households. 2 4E Directed residual redevelopment funds to affordable housing. 1 4F Development and regular (at least biennial) use of a housing subsidy pool, local or regional trust fund, or other similar funding source. 1 4G Prioritization of local general funds for affordable housing. 1 4H Demonstration of other actions, not listed above, that quantifiably promote, develop, or leverage financial resources for housing. 1

Project Proposal
Enhancement Factors
The Department shall utilize enhancement factors to increase the point scores of Prohousing Policies. Each Prohousing Policy will receive extra points for enhancement factors in accordance with the chart below.

Category Prohousing Policy Description Points
1 Policy that represents one element of a unified, multi-faceted strategy to promote multiple planning objectives, such as efficient land use, access to public transportation, affordable housing, climate change solutions, and/or hazard mitigation.
2 2 Policies that promote development consistent with the state planning priorities pursuant to Government Code section 65041.1. 1 3 Policies that diversify planning and target community and economic development investments (housing and non-housing) to improve lower opportunity areas. Such areas include, but are not limited to, Low Resource and High Segregation & Poverty areas designated in the most recently updated TCAC/HCD Opportunity Maps, and
disadvantaged communities pursuant to California Senate Bill 535 (2012).
1 4 Policies that go beyond state law requirements in reducing displacement of lower income households and conserving existing housing stock that is affordable to lower income households. 1 5 Rezoning and other policies that support high-density development in Location Efficient Communities.
1 6 Rezoning and other policies that result in a net gain of housing capacity while concurrently mitigating development impacts on or from Environmentally Sensitive or Hazardous Areas.
1 7 Zoning policies that increase housing choices and affordability in High Resource and Highest Resource areas, as designated in the most recently updated TCAC/HCD Opportunity Maps.
1 8 Other policies that involve meaningful actions towards affirmatively furthering fair housing pursuant to Government Code section 8899.50, including, but not limited to, outreach campaigns, updated zoning codes, and expanded access to financing support.
1

Project Proposal Scoring Sheet Instructions
The Department shall validate applicants’ scores based on the extent to which each identified Prohousing Policy contributes to the Acceleration of Housing Production. The Department shall assess applicants’ Prohousing Policies in accordance with Government Code section 65589.9, subdivision (f)(2), and Sections 6605 and 6606 of the Regulations.

The Department shall further assess applicants’ Prohousing Policies using the following four scoring categories: Favorable Zoning and Land Use; Acceleration of Housing Production Timeframes; Reduction of Construction and Development Costs; and Providing Financial Subsidies. Applicants shall demonstrate that they have enacted or proposed at least one policy that significantly contributes to the Acceleration of Housing Production in each of the four categories. A Prohousing Designation requires a total score of 30 points or more across all four categories.

Instructions
Please utilize one row of the Scoring Sheet for each Prohousing Policy. • Category Number: Select the relevant category number from the relevant Project Proposal list in this application. Where appropriate, applicants may utilize a category number more than once. • Concise Written Description of Prohousing Policy: Set forth a brief description of the enacted or proposed Prohousing Policy.
• Enacted or Proposed: Identify the Prohousing Policy as enacted or proposed. For proposed Prohousing Policies, please complete Appendix 2: Proposed Policy Completion Schedule. • Documentation Type: For enacted Prohousing Policies, identify the relevant documentary evidence (e.g., resolution, zoning code provisions). For proposed Prohousing Policies, identify the documentation which shows that implementation of the policy is pending.
• Web Links/Electronic Copies: Insert the Web link(s) to the relevant documentation or indicate that electronic copies of the documentation have been attached to this application as Appendix 5. • Points: Enter the appropriate number of points using the relevant Project Proposal list in this application. • Enhancement Category Number (optional): If utilizing an enhancement factor for a particular Prohousing Policy, enter the appropriate category number using the relevant Project Proposal list in this application. • Enhancement Points (optional): If utilizing an enhancement factor for a particular Prohousing Policy, enter the point(s) for that Prohousing Policy.
• Total Points: Add the enhancement point(s) to the Prohousing Policy’s general point score.

Formal Resolution for the Prohousing Designation Program (New 04/21)
Appendix 1: Formal Resolution for the Prohousing Designation Program Formal Resolution for the Prohousing Designation Program (New 04/21) RESOLUTION NO. [INSERT RESOLUTION NUMBER]

A RESOLUTION OF THE GOVERNING BODY OF
[INSERT THE NAME OF THE CITY OR COUNTY]

AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING

DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the [INSERT THE NAME OF THE CITY OR COUNTY] (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production.

Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or

Formal Resolution for the Prohousing Designation Program (New 04/21)

4. permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

5. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

6. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

7. [INSERT THE TITLE OF THE APPLICANT’S AUTHORIZED SIGNATORY] is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED AND ADOPTED this ____ day of ________, 20__, by the following vote:

AYES: [Insert #] NOES: [Insert #] ABSENT: [Insert #] ABSTAIN: [Insert #] The undersigned, [INSERT NAME AND TITLE OF NONSIGNATORY] of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant’s governing body adopted at a duly convened meeting on the date abovementioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: _____________________ DATE: _____________________ NAME: __________________________ TITLE: _____________________

Appendix 2: Proposed Policy Completion Schedule
Category
Number
Concise Written Description of
Proposed Policy
Key Milestones and
Milestone Dates
Anticipated
Completion
Date
Notes

1D Density Bonus Program- staff to make
sure this meets threshold requirements
but will look for above regulatory
guidelines
February 15th Planning
Commission
April 24,
2023
Staff will take to PC on February 15,
2023.

Item will then go to the City Council
on March 13th for first reading, and
then April 10th for second reading.
2A Staff to amend Chapter 17.24 to
remove site plan and architectural
review requirements
February 15th Planning
Commission
April 24,
2023
Staff will take to PC on February 15,
2023.

Item will then go to the City Council
on March 13th for first reading, and
then April 10th for second reading.
2E Staff to repeal and amend the
requirement for architectural and site
plan reviews for High Density
Residential
Once staff repeals and amends the
appeal for architectural and site plan
review, it will eliminate public hearings
for all projects that are a by right use.

Typically projects only require one
hearing at the planning commission
level, unless it requires a change in
land use designation or zoning, at
February 15th Planning
Commission
April 24,
2023
Staff will take to PC on February 15,
2023.

Item will then go to the City Council
on March 13th for first reading, and
then April 10th for second reading.

which time it would require a hearing at
the planning level and city council
level.
2F Staff to present new ordinance to
Planning commission to seek
recommendation to CC
February 15th Planning
Commission
April 24,
2023
Staff will take to PC on February 15,
2023.

Item will then go to the City Council
on March 13th for first reading, and
then April 10th for second reading.
3H Staff to present to Planning
Commission and seek
recommendation to City council to
adopt policy guidelines: SB743 VMT
and RTP/SCS
February 15th Planning
Commission
March 13,
2023
Staff will take to PC on February 15,
2023.

Item will then go to the City Council
on March 13th for adoption

Appendix 3: Project Proposal Scoring Sheet and Sample Project Proposal Scoring Sheet Project Proposal Scoring Sheet

Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
1B Sufficient sites,
including rezoning, to
accommodate 150
percent or greater of
the current or draft
RHNA, whichever is
greater, by total or
income category.

E Staff Report,
Resolution 3128-19;
and 5th Housing Cycle
Supplement Plan
Item 18 -
Resolution No. 3128-19 5th Cycle Housing Element Update.pdf 3 5 1 4
1D Density Bonus
programs which exceed
statutory requirements
by 10 percent or more
P February 15th Planning
Commission Agenda
Item
Once adopted
will provide
materials
2 5 1 3
1F Reducing or eliminating
parking requirements
for residential
development as
authorized by
Government code
sections 65852.2;
adopting vehicular
parking ratios that are
less than the relevant
ratio thresholds at
subparagraphs (A), (B),
(C) of Government
Code section 65915,
subdivision (p)(1); or
adopting maximum
parking requirements at
or less than ratios
pursuant to
Government Code
section 65915,
subdivision (p).

E ADU Ordinance No.
1052
Section F: Specific
ADU Requirements
(pg. 13)
PLHA Grant Funds
(Application
submitted)
CDBG PI Owner
Rehab Grant
AMC Chapter

17.36.050
Atwater ADU
Ordinance FINAL (1).docx
https://library.
municode.com
/ca/atwater/co
des/code_of_o
rdinances?nod
eId=TIT17ZO_
CH17.36CEC
ODI_17.36.05
0PARE
2 8 1 3

1G Zoning to allow for
residential or mixed
uses in one or more
non-residential zones
(.g., commercial, light
industrial). Qualifying
non-residential zones
do not include open
space or substantially
similar zones.

E AMC Chapter 17.36-
Central Commercial
https://library.
municode.com
/ca/atwater/co
des/code_of_o
rdinances?nod
eId=TIT17ZO_
CH17.36CEC
ODI
1512
1H Modification of
development standards
and other applicable
zoning provisions to
promote greater
development intensity.

Potential areas of focus
include floor area ratio;
height limits; minimum
lot or unit sizes;
setbacks; and allowable
dwelling units per acre.

These policies must be
separate from any
qualifying policies
under Category (1)(B)
above.

E AMC Chapter

17.34.050
Lot area, setbacks,
building heights
https://library.
municode.com
/ca/atwater/co
des/code_of_o
rdinances?nod
eId=TIT17ZO_
CH17.34OFC
O_17.34.050L
OARSEBUHE Ordinance No. 10
56 Repeal andReplaceHeight limits.docx
1612

2A Establishment of
ministerial approval
processes for a variety
of housing types,
including single-family
and multi-family
housing.

E and P AMC Chapter 17.24
High Density MultiFamily Residential
Districts
Staff to amend
Chapter 17.24 to
remove site plan and
architectural reviews
(Feb 2023 Planning
Commission)
AMC 17.12.090 Site
Plan and architectural
control
Currently multifamily
housing and most new
construction projects
require a site plan and
architectural review
even if the use is
permitted. The site
plan and architectural
review takes place at
the Planning
Commission and
consists of the
Planning Commission
and Building
Inspector.

The City has adopted
design guidelines and
intends to change the
site plan and
architectural control
from discretionary to
ministerial.
https://library.
municode.com
/ca/atwater/co
des/code_of_o
rdinances?nod
eId=TIT17ZO_
CH17.24HIDE

MUMIREDI
3514

2D Establishment of permit
processes that take
less than four months.

Policies under this
Category (2)(D) must
address all approvals
necessary to issue
building permits.

E ADU Ordinance No.
1052
Section 2. ADU Permit
(page 8)
Current
practice is this
process takes
about 2
months.
2313
2E Absence or elimination
of public hearings for
projects consistent with
zoning and the general
plan.

P Staff to amend
Chapter 17.24 to
remove site plan and
architectural reviews
(Feb 2023 Planning
Commission)
AMC 17.12.090 Site
Plan and architectural
control
February 15th
Planning
Commission
2813

2F Establishment of
consolidated or
streamlined permit
processes that
minimize the levels of
review and approval
required for projects,
and that are consistent
with zoning regulations
and the general plan.

P Staff will present to
Planning Commission
and City Council a
new Ordinance
Currently the public
hearing requirements
are minimal. The
applicant is required to
go to one public
hearing which consists
of the planning
commission if the
project requires a
Conditional Use
Permit, or Tentative
Parcel Map. If the
project consist of a
land use designation
change or zone
change than it
requires a hearing at
the planning
commission level and
then city council.

February 15th
Planning
Commission
1212
2G Absence, elimination or
replacement of
subjective development
and design standards
with objective
development and
design standards that
simplify zoning
clearance and improve
approval certainty and
timing.

E Residential Design
Guidelines
Commercial and
Industrial Design
Guidelines
Residential Design
Guidelines(Complete)(April 2011).pdf
Amended
Commercial DesignGuidelines.pdf
11

2H Establishment of onestop-shop permitting
processes or a single
point of contact where
entitlements are
coordinated across city
approval functions
(e.g., planning, public
works, building) from
entitlement application
to certificate of
occupancy.

E Currently all
departments are under
the Community
Development
Department ( e.g.,
planning, engineering,
public works, and
building). The
Planning staff perform
the intake and guide
the application through
until completion.
https://www.at
water.org/com
munitydevelopment/
11 2J Establishment of a
standard application
form for all entitlement
applications.

E Uniform Development
Application
(available for pick up
in-person and on the
City website)
https://www.at
water.org/wpcontent/upload
s/2021/03/Unif
ormDevelopement -
Application_Fil
lable.pdf
11

3B Adoption of ordinances
or implementation of
other mechanisms that
result in less restrictive
requirements than
Government Code
sections 65852.2 and
65852.22 to reduce
barriers for property
owners to create
ADUs/JADUs.

Examples of qualifying
policies include, but are
not limited to,
development standards
improvements, permit
processing
improvements,
dedicated ADU/JADU
staff, technical
assistance programs,
and pre-approved
ADU/JADU design
packages.

E ADU Ordinance
No. 1052
Staff on-site that are
knowledgeable in
ADUs/JADUs.

AtwaterADU
OrdinanceFINAL(1).docx
2313
3C Adoption of other fee
reduction strategies
separate from Category
(3)(A) above, including
fee deferrals and
reduced fees for
housing for persons
with special needs.

E Developers can enter
into a Development
Agreement with the
City and request
amortized fees over
an length of time.
(Case by case
situation)
Development
Agreementtemplate.docx1
1

3E Measures that reduce
costs for transportationrelated infrastructure or
programs that
encourage active
modes of transportation
or other alternatives to
automobiles. Qualifying
policies include, but are
not limited to, publicly
funded programs to
expand sidewalks or
protect bike/micro
mobility lanes; creation
of on-street parking for
bikes; transit related
improvements; or
establishment of
carshare programs.

E Currently the City has
four (4) CMAQ
projects within the City
for pedestrian
improvement projects
to add sidewalks for
connectivity
throughout the city.

The Bellevue Road
Realignment project
which will implement
sidewalks as well as a
Class 1 Bike Lane
along a major arterial
in the City.

Atwater Transit Center
rejuvenation project
StaffReport-
Mitchell SchoolsAreaAwardContract.pdf
StaffReport-
AileenColburnAwardContract.pdf
StaffReport
AwardingContract20-7.docx
StaffReportPhase
2Ped ImprovementsAdoptingResolution.docx
StaffReport
01-25-21.pdf
1212
3F Adoption of universal
design ordinances
pursuant to Health and
Safety Code section
17959.

E Ordinance No. CS
1053 Repealing and
Re-Enacting Title 15
”Buildings and
Construction”.

OrdinanceNo. CS
1053RepealingandRe-EnactingTitle15,BuildingsandConstruction.doc 1212

3H Demonstration of other
actions, not listed
above, that quantifiably
reduce construction or
development costs
P Staff plan to present to
Planning Commission
and City council
adoption of MCAG
SB743 Guidelines and

MCAG RTP/SCS
Guidelines
https://www.m
cagov.org/Doc
umentCenter/
View/3872/MC
AG-SB-743-
VMTThresholdsandImplementatio
nGuidelines_11
-10-
2022?bidId=
https://www.m
cagov.org/Doc
umentCenter/
View/3689/MC
AG-2022-
RTP-SCSFinal-080922-
dg-07-
Clean?bidId=
1312
4A Establishment of local
housing trust funds or
collaboration on a
regional housing trust
fund
E & P The City current has a
trust fund for
Redevelopment
As the City is working
on a regional housing
element there is
discussion of a
regional housing trust
fund
2813
4B Provide grants or lowinterest loans for

ADU/JADU
construction affordable
to lower- and moderate
income households.

E The City has
submitted an
application to HCD for
PLHA 5 year plan
Atwater-PLHA
Application.pdf
2813

4E Directed residual
redevelopment funds to
affordable housing
E City Council approved
a loan to a developer
for affordable housing
project
Affordable Housing
Loan Agreement (1).pdf
Resolution No. HSA
2022-4 Approves Housing Successor Loan to Chelsea Investment Corporation Loan & Authorizes Preparation 1 8 1 2
TOTAL 31 16 47
Sample Project Proposal Scoring Sheet
Note: This is a Sample Project Proposal Scoring Sheet; an actual submission may include more specificity when an applicant completes the “Concise Written Description of Prohousing Policy.” Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
1B Permitted missing
middle housing uses by
allowing duplexes, and
triplexes by right in
existing low-density,
single-family residential
zones.

E Zoning code Electronic
copy attached
3 6 1 4
1C Sufficient sites to
accommodate 131
percent of the current
RHNA with rezoning by
total or income
category.

P Resolution Electronic
copy attached
2 1 2 4
1D Density bonus program
exceeds statutory
E Zoning code Electronic
copy attached
2 2

Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
requirements by 12
percent.
1F Reduced parking
requirements for
residential development
as authorized by
Government Code
sections 65852.2.

E Zoning code Electronic
copy attached
2 2
1G Zoning that allows
mixed uses in one or
more light industrial
zones.

E Zoning code Electronic
copy attached
1 1 2 3
1H Modified development
standards/other
applicable zoning
provisions to promote
greater development
intensity including floor
area ratio and minimum
lot or unit sizes.

E Zoning code Electronic
copy attached
1 1 2 3
1J Other zoning and land
use actions that
measurably support the
Acceleration of Housing
Production.

P Resolution Electronic
copy attached
1 1
2B Streamlined programlevel CEQA analysis
and certification of
general plans,
community plans,
specific plans with
accompanying
Environmental Impact
E Zoning code Electronic
copy attached
2 2

Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
Reports (EIR), and
related documents.
2G Absence of subjective
development and
design standards with
objective development
and design standards.

E Zoning code Electronic
copy attached
1 1
2I Priority permit
processing or reduced
plan check times for
ADUs/JADUs.

P Resolution Electronic
copy attached
1 1 2 3
2M Other actions that
quantifiably decrease
production timeframes.

E Zoning code Electronic
copy attached
1 1
3A Waiver of residential
development impact
fees.

E Zoning code Electronic
copy attached
3 3
3B Adopted ordinances
that result in less
restrictive requirements
than Government Code
sections 65852.2 and
65852.22.

P Resolution Electronic
copy attached
2 1 2 4
3E Measures that reduce
costs for transportationrelated infrastructure.

E Zoning code Electronic
copy attached
1 1
3H Other actions that
quantifiably reduce
construction or
development costs.

E Zoning code Electronic
copy attached
1 1
4A Local housing trust
funds.

E Zoning code Electronic
copy attached
2 2
4C Surplus Land Act
program making
E Zoning code Electronic
copy attached
2 2 1 3

Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
publicly owned land
available for affordable
housing.
4E Directed residual
redevelopment funds to
affordable housing.

E Zoning code 1 1
4G Prioritization of local
general funds for
affordable housing.

E Zoning code 1 1
4H Other actions, that
leverage financial
resources for housing.

E Zoning code 1 1
TOTAL 31 12 43

Appendix 4: Examples of Prohousing Policies with Enhancement Factors If a Prohousing Policy incorporates any of the enhancement factors specified in the Project Proposal Enhancement Factors chart, it will receive extra points as indicated therein.

Examples of such qualifying Prohousing Policies include the following:

Category 1: Favorable Zoning and Land Use
• Rezoning sufficient sites to accommodate 150 percent or greater of the Regional Housing Needs Allocation by total or income category, including sites in Location Efficient Communities
• Rezoning sufficient sites to accommodate 150 percent or greater of the Regional Housing Needs Allocation by total or income category, including sites in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Rezoning to accommodate 125 to 149 percent of the Regional Housing Needs Allocation in downtown commercial corridors or other infill locations. • Expanding density bonus programs to exceed statutory requirements by 10 percent or more in Location Efficient Communities.
• Reducing or eliminating parking requirements for residential development as authorized by Government Code section 65852.2 in Location Efficient Communities. • Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit law in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Modification of development standards and other applicable zoning provisions to promote greater development intensity in downtown commercial corridors or other infill locations.
• Coupling rezoning actions with policies that go beyond state law requirements in reducing displacement of lower income households and conserving existing housing stock that is affordable to lower income households.

Category 2: Acceleration of Housing Production Timeframes • Ministerial approval processes for multifamily housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Streamlined, program-level CEQA analysis and certification of specific plans in Location Efficient Communities.
• Documented practice of streamlining housing development at the project level in downtown commercial corridors and other infill locations. • Expedited permit processing for housing affordable to lower income households in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).

Category 3: Reduction of Construction and Development Costs • Fee waivers for affordable housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).

• Fee waivers or reductions for higher density housing in downtown commercial corridors or other infill locations.
• Measures that reduce costs and leverage financial resources for transportation-related infrastructure or programs in Low Resource and High Segregation & Poverty areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Adoption of universal design ordinances to increase housing choices and affordability for persons with disabilities in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Permitting innovative housing types, such as manufactured homes, recreational vehicles or park models, in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).

Category 4: Providing Financial Subsidies
• Targeting local housing trust funds to acquisition or rehabilitation of existing affordable units, or to affordable units at risk of converting to market rate uses, in Low Resource and High Segregation & Poverty areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Marketing grants and other financial products for ADUs/JADUs in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Utilizing publicly owned land for affordable housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Establishment of an Enhanced Infrastructure Financing District or similar local financing tool in a Low Resource or High Segregation & Poverty area (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Directing residual redevelopment funds or general funds to conservation or preservation of affordable housing in areas at high risk of displacement.

Appendix 5: Additional Information and Supporting Documentation

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3365-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ATWATER AUTHORIZING APPLICATION TO

AND PARTICIPATION IN THE PROHOUSING

DESGINATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Atwater (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing

Resolution No. 3365-23 Page 2
production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

6. The City Manager or City Manager’s designee, is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

NOW, THEREFORE, BE IT RESOLVED, that the City of Atwater City Council hereby authorizes the submittal of a Prohousing Designation Application to the Department of Housing and Community Development.

The foregoing resolution is hereby adopted the 13th day of February 2023.

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

MIKE NELSON, MAYOR

Resolution No. 3365-23 Page 3

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

ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 13, 2023
TO: Mayor and City Council
FROM: Justin Vinson
PREPARED BY: Justin Vinson
SUBJECT: Awarding a Professional Services Agreement to Centerline Design, LLC for the Design of Tenant Improvements at the future City Hall (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Motion to award a Professional Service Agreement, in a form approved by the City Attorney, to Centerline Design, LLC of Clovis, California, for the Design of Tenant Improvements at the future City Hall, in an amount not to exceed $92,700.00; and authorizes and directs the City Manager to execute the Professional Services Agreement on behalf of the City; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

The City of Atwater purchased a building at 1350 Broadway Ave with the intention of moving the Finance Department, Planning Department, Building Department, Engineering Department, and Economic Development into the building and providing their services in the downtown district of Atwater. Staff conducted a space analysis to ensure that all the departments would be able to fit inside the footprint of the building. It was determined that there would be ample room for all departments to be housed at 1350 Broadway Ave.

Requests for proposals were sent out to (8) eight local architectural firms for costs to provide Tenant Improvements for the future City Hall building. (1) One proposal was received and evaluated by City staff. The proposal was able to meet the requirements that the City requested in order to be certified to produce the Tenant Improvements for the future City Hall and CASp review. The proposal from Centerline Design, LLC of Ceres, California, in the amount of $92,700.00 was deemed responsive and acceptable.

The scope and associated costs included in the contract are as follows:
• Field Verify and As Built Plans $7,000
• Tenant Improvement Plans
$27,000

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

• Survey and Civil Engineering for ADA Stall
$15,500
• Construction Documents and Administration $26,700
• Structural Engineering and CASp Review at Construction Completion $10,000 • Electrical Engineering $6,500
II. FISCAL IMPACTS:

Sufficient funding for this project is budgeted in ARPA Fund, Civic Center 2, Account No. 1010-1080-V001, in the Fiscal Year 2022-23 Budget.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item was reviewed by the City Attorney’s office.

IV. EXISTING POLICY:

V. ALTERNATIVES:

Not required for all staff reports but should be included in most reports where the Council should be considering options, or discussion of options already investigated.

VI. INTERDEPARTMENTAL COORDINATION:

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL
REVIEW:

The proposed project involves the operation, maintenance, leasing, licensing, or minor alteration of existing public facilities, with construction of minor appurtenant structures involving negligible or no expansion of use and no possibility of significantly impacting the physical environment. Accordingly, the proposed action qualifies under Class 1 and Class 3 Categorical Exemptions (Sections 15301 and 15303 of the State CEQA Guidelines).

IX. STEPS FOLLOWING APPROVAL:

Should the City Council award the Professional Service Agreement, the City Manager will execute the Agreement, and staff will hold a project kick off meeting and issue a

Agenda Report - Page 3

Notice to Proceed.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Civic 2 Architect Bid Summary Feb - 2023

2. PSA CENTERLINE DESIGN LLC

CITY OF ATWATER

PUBLIC WORKS DEPARTMENT

BID SUMMARY

PROFESSIONAL SERVICES
Project No. ARCHITECT CIVIC 2
Bid’s Date. 2/03/23
Account # 1010-1080-V001
No. Contractor Bid Total Note
1 Center Line Design $92,700.00
2 Rim Architects
Decline Proposal
3 TLCD Architects
Decline Proposal
4 Red Inc Architects
Decline Proposal
5 Morgan Architects
Decline Proposal
6 Teter
Decline Proposal
7 Interactive Resources
Decline Proposal
8 Associated Design &
Engineering
Decline Proposal
Please see attached supporting documents.

Thank you,

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 1 of 16

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND CENTERLINE DESIGN, LLC (PROFESSIONAL) THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and Centerline Design, LLC (“Professional”) as of February 13, 2023 (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 February 3, 2024, 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, until 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 $92,700.00 notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B,

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 2 of 16 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 February 13, 2023 City of Atwater and Centerline Design, LLC 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 any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 4 of 16 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 ONE MILLION DOLLARS ($1,000,000) 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 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

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 5 of 16 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 non-owned 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.
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

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 6 of 16 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 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 Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 7 of 16 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 (except for design professionals) 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;
▪ 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.

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 8 of 16

4.6 Limitations. The City agrees to limit any and all claims for damages, cost of defense or other expenses or claims of liability or damages of whatever type which are sought to be levied against Design Firm as the result of alleged negligent acts, errors and omissions on Design Firm’s part, such that the total aggregated liability of The Design Firm to the City will not exceed the total Insurance Coverage provided under this agreement. The Design Firm is not responsible, and liability is waived by City against The Design Firm, for use by City or any other person of any plans or drawings not signed by The Design Firm and used without its written consent. In the event that any changes are made in the plans or specifications by the City or persons other than The Design Firm, which affects The Designs Firm’s work, any and all liability and responsibility arising out of such changes is/are waived as against The Design Firm and the City assumes full responsibility for such changes unless City has given The Design Firm prior written notice and has received from The Design Firm full written consent for such damages.

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,

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 9 of 16 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.

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

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 10 of 16 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, 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

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 11 of 16 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 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 may subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, with 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.

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8.6.5 Professional’s liability under this agreement shall not exceed the insurance coverage limits set forth in section 4 above.

Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

Section 10. KEEPING AND STATUS OF RECORDS.

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

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

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

Section 11. MISCELLANEOUS PROVISIONS.

11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 13 of 16 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 state courts of California in the County of Merced or in the United States District Court, Eastern District of California.

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

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

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

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

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

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

Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 14 of 16

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

11.9 Contract Administration. This Agreement shall be administered by Lori 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:

Centerline Design, LLC
1508 Tollhouse Rd., Suite #C
Clovis, California 93611
Any written notice to City shall be sent to:

City of Atwater
Lori Waterman
750 Bellevue Rd
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 stated

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 15 of 16 on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.

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

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

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

Professional Services Agreement between February 13, 2023 City of Atwater and Centerline Design, LLC Page 16 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Chris Ward, Principal
Attest:
____________________________
Kory Billings, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

Exhibit A - Scope of Work December 13, 2022
Professional Service Agreement between Centerline Design, LLC Page 1 of 2

EXHIBIT A

SCOPE OF WORK
SCOPE OF SERVICES TO BE PERFORMED:

Design services shall be performed by Centerline Design, LLC. Referred to hereafter as the “The Design Firm”.

Interior Design, Structural, Plumbing, Mechanical, Electrical, Landscaping, Methane, Civil, Casp and Geotechnical services shall be performed by separate “Engineers/Design Build subs” provided by the Design Firm and are included in this contract. The Owner and Design Firm agree as follows:

Exhibit A - Scope of Work December 13, 2022
Professional Service Agreement between Centerline Design, LLC Page 2 of 2

Exhibit A - Scope of Work December 13, 2022
Professional Service Agreement between Centerline Design, LLC Page 3 of 2

Exhibit B: 2022 Fee Schedule December 13, 2022
Professional Services Agreement between City of Atwater and Centerline Design, LLC Page 1 of 1

EXHIBIT B
2022 FEE SCHEDULE
TOTAL…………………………………………………………...…………………. $92,700.00

CITY COUNCIL

AGENDA REPORT

MEETING DATE: February 13, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Resolution adopting procedure guidelines and review criteria for evaluating cannabis regulatory permit applications ( Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Motion to adopt Resolution No. 3369-23 approving procedure guidelines and review criteria for evaluating cannabis regulatory permit applications; or Motion to approve staff’s recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND
On October 9, 2015, Governor Jerry Brown signed three bills into law (Assembly Bill 266, Assembly Bill 243, and Senate Bill 643) which are collectively referred to as the Medical Cannabis Regulation and Safety Act (“MCRSA”). MCRSA establishes a statewide regulatory system for the cultivation, processing, transportation, testing, manufacturing, and distribution of medical marijuana to qualified patients and their primary caregivers.

On November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act (“AUMA”), which establishes a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products, for use by adults 21 years and older, and to tax the growth and retail sale of cannabis for nonmedical use.

On June 27, 2017, Governor Jerry Brown signed into law the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses. MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis Activity, as defined in Section 1.4 of this Agreement, may operate in a particular jurisdiction.

On May 14, 2018, the Atwater City Council (“City Council”) adopted Ordinance No. CS

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Agenda Report - Page 2

996, adding Atwater Municipal Code (“A.M.C.”) Chapter 5.60 to establish a Cannabis Business Pilot Program to regulate all cannabis businesses within the City.

Since the beginning of the Cannabis Business Pilot Program in 2018, the City has been tasked with ensuring the businesses follow all regulations within the Atwater Municipal Code, pay the required Public Benefit Amount established in their Development Agreements, and comply with all conditions in their Conditional Use Permits. Each cannabis business has unique fee amounts and conditions that must be monitored and calculated individually. City staff decided to seek assistance in these tasks.

On January 10, 2022, the City Council awarded a Professional Services Agreement to the consulting firm HdL Companies for cannabis management services to assist with administration of monthly public benefit collection, annual revenue audits, Two (2) annual compliance audits, and twenty (20) hours of technical assistance and subject matter expertise. It was also determined that the City would benefit from moving away from the current Development Agreement framework, and toward adoption of an ordinance that would regulate existing and future cannabis businesses in a uniform manner that can be more easily administrated by City staff and HdL.

On January 9, 2023, the City Council waived the first reading of and introduced 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.

ANALYSIS
Ordinance No. CS 1055 implements the provisions of the MAUCRSA and Proposition 64: it imposes sensible regulations to protect the health, safety, and welfare of the residents of Atwater; and enforces rules and regulations consistent with state law. The ordinance details several components including the regulatory permit process and operating standards that must be met to be eligible for a regulatory permit to operate a cannabis business within the City.

However, the ordinance did not include specific procedures regarding the application process for granting cannabis business permits, but provided that the City Council would, by resolution, subsequently adopt procedure guidelines and review criteria for evaluation of cannabis business permit applications. These procedural guidelines are required to provide for the process for soliciting applications, including time frames, limitations, forms, rules for completing applications, the review criteria used by City staff, and payment of application and related fees.

Resolution No. 3369-23 contains the proposed application procedures for application to operate a cannabis business in Atwater. If the proposed application procedure is adopted by resolution, this will establish a rigorous vetting process for cannabis applications. The planning department, in coordination with the finance, police, and legal departments, will have the responsibility of processing and administering cannabis permits.

Agenda Report - Page 3

The proposed procedures create a three-phase application process. Phase 1 involves a preliminary determination of eligibility. Phase 2 will result in an initial evaluation of the application based on a pass or fail mark for each of the identified necessary requirements. Upon completion of phase 2, the first five (5) applications that have been deemed completed and which meet all evaluation criteria requirements will be provided to the Community Development Director, Finance Director, and Chief of Police, who will collaborate to make a final determination and issue a written notice to all applicants.

Once an application has been deemed complete and approved at the ministerial level, the applicant will then proceed with the entitlement process through a discretionary hearing process. There is no guarantee that applicants who successfully complete the application process will obtain a commercial cannabis permit or other associated entitlements.

II. FISCAL
IMPACTS:

Per Section 5.70.120 of Chapter 5.70, Cannabis Regulatory Program, by resolution, the City Council shall adopt Procedure Guidelines and Review Criteria for the City’s evaluation of cannabis regulatory permit applications. The adoption of this Resolution has no fiscal impact. All costs associated with this program will be recovered through the Miscellaneous Fee Schedule. An amendment to the fee schedule will follow to reflect more accurate costs associated with these newly adopted procedures.

This has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING
POLICY:

This item is consistent with goal numbers one (1), two (2), three (3), and six (6) of the City’s 2020-2025 Strategic Plan to ensure the city's continued financial stability, safety of staff and our community, promote transparency through communication, and improve quality of life.

V. ALTERNATIVES:

Not required for all staff reports but should be included in most reports where the Council should be considering options, or discussion of options already investigated.

If there are Policy options for consideration, the discussion should be specific and detailed.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed and discussed internally with all department heads.

Agenda Report - Page 4

VII. PUBLIC PARTICIPATION:

The Public Hearing was adequately noticed and advertised.

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

VIII. ENVIRONMENTAL
REVIEW:

This item is not considered a "project" pursuant to Section 21065 of the Public Resources Code in that the action would not have a direct or indirect effect to the physical environment and therefore is not subject to analysis. Any cannabis business that may seek entitlements as a result of this item will be subject to environmental analysis on a case-by-case basis.

IX. STEPS FOLLOWING APPROVAL:

Upon adoption, City staff will work collaboratively to begin preparing for and implementing the new cannabis regulatory permitting process as established by adoption of Ordinance CS 1055.

Submitted by:

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Reso No. 3369-23 Adopting Cannabis Porcedure Guidelines and Review Criteria

2. Cannabis Business Application

CITY COUNCIL

OF THE CITY OF ATWATER

RESOLUTION NO. 3369-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER ADOPTING PROCEDURE GUIDELINES AND

REVIEW CRITERIA FOR EVALUATING CANNABIS

REGULATORY PERMIT APPLICATIONS
WHEREAS, on January 9, 2022, the City Council of the City of Atwater adopted Ordinance No. CS 1055, phasing out the City’s current cannabis business pilot program and adding a new Chapter 5.70 to the Atwater Municipal Code to establish a new cannabis regulatory program citywide; and
WHEREAS, Section 5.70.120 provides that the City Council shall adopt, by Resolution, a set of Procedure Guidelines and Review Criteria for the City’s evaluation of all cannabis regulatory permit applications received under Chapter 5.70, to ensure that the City implements a process for reviewing applications that is applied fairly and objectively to all applicants; and
WHEREAS, as required by Section 5.70.120, the Procedure Guidelines and Review Criteria attached hereto as Exhibit A provide a process for soliciting cannabis regulatory permit applications, including setting time frames, limitations, requirements, forms, and rules for all applicants; and
WHEREAS, adoption of this Resolution does not preclude the City Manager or their delegate from preparing any forms or adopting any additional rules otherwise necessary to implement the Procedure Guidelines and Review Criteria adopted by this Resolution.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Atwater:

1. The recitals set forth above are hereby incorporated into and adopted as findings in support of this Resolution.

2. The City Council hereby adopts the Procedure Guidelines and Review Criteria set forth in Exhibit A hereto and made a part of this Resolution by this reference.

Resolution No. 3369-23 Page 2
The foregoing resolution is hereby adopted this 13th day of February 2023.

AYES:

NOES:

ABSENT:

APPROVED:
_____________________________

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

1 EXHIBIT A
Procedure Guidelines and Review Criteria for Evaluation Cannabis Regulatory Permit Applications
To be considered for a Cannabis Regulatory Permit, final applications must be complete and sent to the Community Development Department in person, by U.S. Mail, by common carrier delivery service (e.g. FEDEX, UPS, etc.), or electronically (via email to [email protected]) by the relevant application due date. The application document may be found on the City’s webpage.

Applicants should monitor the City’s web page for any additional information, FAQs, or updates. It is the responsibility of the Applicant to stay informed of this information.

APPLICATION PROCESS:

This application process is adopted in accordance with AMC Chapter 5.70; it is advised that you read and familiarize yourself with Chapter 5.70 prior to submitting your application.

The following procedures outline the application evaluation and selection processes, required materials, and other information necessary to apply for a cannabis regulatory permit to operate a commercial cannabis business in the City of Atwater.

APPLICATION SUBMITTAL REQUIREMENTS:

Applicants must submit all required application materials in one complete and comprehensive application package. This can be done in person, by U.S. Mail, or by common carrier delivery service (e.g. FEDEX, UPS, etc.) or electronically. The application package must include all the following documents with original signatures for each document:

1. Cannabis regulatory permit application (see City website for link)

2. City of Atwater Agreement for Processing Costs, Financial Responsibility, Indemnity, and Consent to Inspection

3. Business Plan

4. Safety Plan

5. Security Plan

6. Application fee and Background/Credit Check fee(s)

7. Concentration Evaluation

8. Community Impact/Benefit Determination

9. Site Plan
In addition, all applicants must submit a USB flash drive containing one complete copy of the application submittal requirements as outlined in the below format. The application package (including USB flash drive) and application fees must be received by the Community Development Department at the same time to be considered complete.

2 Responses to the Evaluation Criteria (Sections A-H in Appendix A of the Application Procedures & Guidelines) shall be limited to 200 pages. Responses pertaining to Background, Proof of Capitalization, Property Owner Consent/Lease Agreements, Property Owner/Landlord Affidavit, and Owner Acknowledgement Agreement are not included for purposes of the 200 page limit. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below) and which are in text searchable format.

In addition to a printed, hard copy of the application, all application materials must be submitted on a USB flash drive in a PDF format in the following order. You must submit the files in the correct format and organized correctly or your application may be rejected.
• PDF File #1 – Cannabis Business Permit Application (pages 1-3), Financial Responsibility, Indemnity, and Consent to Inspection Terms Agreement (pages F1-F3), Agreement on Limitation of City Liability, and Certification, Assurances, Warranties, and Indemnification to City (pages F4-F6), proof of insurance or a letter of insurability; and Owner Acknowledgement Agreement. All copied documents shall display required signatures to be deemed complete. • PDF File #2 – Evaluation Criteria (Responses to Sections A-H of Appendix A, limited to 200 pages)
• PDF File #3 – Background Check documentation (All required documents for each owner, as set forth in Chapter 5.70). Upon submission of the online background application, Applicants will receive an email confirmation. This confirmation needs to be printed, scanned, and included within PDF File #3. • PDF File #4 – Proof of Capitalization (Appropriate bank statements, loan documents, promissory notes, financial and commitment letters). • PDF File #5 – Site Plan which shows the correct location and units in the building being used. Proof of Insurance or a letter showing proof of insurability by a qualified insurance company which shows the location being insured in City of Atwater, the type of activity being insured, and the name of the business being insured. Copies from another business location in another city owned by the Applicant will not be accepted.

AMENDMENTS TO SUBMITTED APPLICATIONS:

Applicants will not be allowed to make amendments to their application or to supplement their application, except as otherwise specifically permitted in these procedures, or as posted on the City’s website as a clarification update, or as authorized in writing by the City Manager or their designee.

During the application process, City staff will conduct a preliminary evaluation of the applications for completeness and will reject any application that is missing, or which exhibits deficiencies in a major component (for example, a Security Plan). In addition, the City will be notifying applicants by email if their applications are otherwise found to

3 be incomplete. If this is the case, as long as the application deadline has not yet passed, the Applicant may be granted five days from the date of the email to submit the required supplemental information. Should you receive an email from the City we ask that you confirm receipt of it immediately. If the City does not get confirmation from your primary contact within two days, it may, but is not required to, make an attempt to notify the primary contact by phone as well. However, please note should this be the case you will not be provided additional time to complete the curing process so make sure you monitor your incoming or spam email carefully.

If an applicant is disqualified for failure to submit a complete application, and failure to cure such deficiencies within the period stated above, the applicant may re-apply during the next open application period.

CITY’S RESERVATION OF RIGHTS:

In accordance with AMC section 5.70.130, City reserves the right to reject any and/or all applications, with or without cause or reason. The City may modify, postpone, or cancel the application for a cannabis regulatory permit without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any applicant in order to conduct a complete review of the application or an investigation into the truthfulness of the statements set forth in the application or provided at any stage of the application process. Applications will be accepted by the City from 8:00 a.m. on March 1 of each year through 4:00 p.m. on December 31 of each year. Late applications not received by 4:00 p.m. on December 31 WILL BE REJECTED.

An application also risks being rejected for the following reasons:

1. It is not responsive or does not provide all the information requested as part of the cannabis regulatory permit application packet or is out of compliance with these Procedures & Guidelines.

2. The issuance of the cannabis regulatory permit would be inconsistent with federal or state law or any provision of the AMC.

CRIMINAL BACKGROUND CHECK:

Each owner, manager, supervisor, and individual participating in the direction, control, or management of a commercial cannabis business in Atwater must undergo a criminal history background check and Live Scan per AMC Section 5.70.100 and the California Penal Code. Those who do not meet the criminal history eligibility requirements of Section 5.70.100(C) will be disqualified. The background form can be found on the City’s website.

In addition, each successful applicant will be asked to submit to a Live Scan as part of the background check. Prior to being issued a permit, the applicant’s primary contact will be notified by email with the instructions on how to schedule the Live Scan appointment.

4 The initial background check fee for each owner shall be imposed in accordance with the most recently adopted City Miscellaneous Fee Schedule, and is subject to change.

The results of the background check must be included with the cannabis regulatory permit application.

FEES:

In addition to the separately charged background check fee, all applicants will be required to submit an application processing fee (in accordance with the most recently adopted City Miscellaneous Fee Schedule). This amount will be charged against time spent by City staff and any necessary City consultants in reviewing applications and administrating the application process. Applicants are advised that they may be required to pay additional amounts as required for the sole purpose of the City’s completion of the application review process. Payment must be made by a certified check, cashier’s check, or money order made payable to the City of Atwater.

APPLICATION REVIEW AND APPROVAL PROCESS
PHASE I: DETERMINATION OF ELIGIBILITY
Applications will be reviewed for completeness and compliance to meet the minimum submittal requirements. The determination of eligibility will be prioritized by the date the application was received and the date it was deemed complete, as well as the criteria outlined in these procedures and as described in Appendix A. However, the criteria will ultimately be evaluated in conjunction with the guidance set forth in AMC Chapter 5.70, and may be amended from time to time. If these criteria change at any time prior to the submission deadline for cannabis regulatory permit applications, notification will appear on the City’s website in the same location as these Procedures are posted. Any such changes to the Procedures and Criteria will, at the Community Development Department’s discretion, go into full effect immediately prior to the closing of the application process.

PHASE II: APPLICATION EVALUATION AND REVIEW
During Phase II, City staff will review each application to determine if the requirements listed in Appendix A have been meet. The decision as to how many applicants will be interviewed will be determined by the quality and quantity of applicants, and with reference to any cap on the maximum number of authorized business types as established by AMC section 5.70.080. Notice of the results of Phase II will be provided in writing via email to the primary contact listed on the application.

See Appendix A for a thorough description of all evaluation criteria, summarized here:
• Section A. Business Plan
• Section B. Employment Plan
• Section C. Safety Plan
• Section D. Security Plan

5 • Section E. Qualifications of Owners
• Section F. Proposed Location and Site Plan
• Section G. Neighborhood Compatibility Plan
• Section H. Community Benefit and Investment Plan
• Section I. Concentration Evaluation
PHASE III: SELECTION BASED UPON STAFF REVIEW
Upon the completion of Phase II, the Community Development Director, Finance Director, Chief of Police, and/or designees will confirm the list of all the applicants meeting the City’s application criteria, then will make a final determination as to who will be awarded a cannabis regulatory permit. Each applicant should be prepared to conduct a brief presentation and be interviewed by City staff.

After the Community Development Director, Finance Director, Chief of Police, and/or designees have made a determination as to which, if any, applicants will be awarded a cannabis regulatory permit, all applicants will be informed in writing, and successful applicants will be directed to apply for and obtain a conditional use permit for the physical location where the cannabis business will be operated. In addition, and as a condition of issuance of the regulatory permit, the operator of each cannabis business may, in the City’s discretion and in accordance with AMC section 5.70.090, be required to enter into a community benefit arrangement with the City setting forth certain terms and conditions under which the cannabis facility will, including, but not limited to, in-kind donations, sponsorships, and/or financial support for community events such as fairs, afterschool programs, youth centers, Boys and Girls Clubs, school athletic programs, school clubs, community centers, homeless shelters, senior centers, senior living facilities, parks, and recreation programs. If an applicant is unwilling or unable to commit to such an arrangement, the applicant must make that clear by checking the applicable box on the application form so that the City is aware of that fact.

Upon issuance of a conditional use permit for the cannabis business location and successfully completing negotiations for and entering into a community benefit arrangement if required by the City, the Applicant will then be issued a cannabis regulatory permit and authorized to proceed to apply for a business license and any other ministerial approvals that may be required (e.g. building permits).

Note: Being awarded a cannabis regulatory permit does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including: electrical, plumbing, fire, Planning Department permits or reviews, and any other permits, licenses, or reviews as deemed necessary by the relevant departments or governmental entities in charge of said permits. Nor does the award of a cannabis regulatory permit guarantee that the plans submitted for other entitlement processes inherently meet the standards or requirements in the AMC and any other permit requirements that may be imposed by the state or other City departments or agencies.

6 CONTACT:

If you have any questions on these Procedures and Criteria, or would like an update on the status of a pending application, please contact the Planning Department at [email protected] or (209) 356-2529.

7 APPENDIX A: EVALUATION CRITERIA
The City is a public agency subject to the California Public Records Act (“CPRA”). In the event a request for information under the CPRA seeks disclosure of application materials marked by a cannabis regulatory permit applicant as “Confidential Information,” the City will make reasonable efforts to provide notice to the applicant prior to such disclosure to allow applicant to seek a protective order, injunctive relief, or other appropriate remedy. If applicant contends any designated application materials are exempt from the CPRA and wishes to prevent disclosure, it is required, at its own cost, liability, and expense, to obtain a protective order, injunctive relief, or other appropriate remedy from a court having jurisdiction over the matter at least two (2) days before City’s deadline to respond to the CPRA request. If applicant fails to obtain such a remedy before the deadline for the City’s response to the CPRA request, the City will disclose the requested information and shall not be liable or responsible for such disclosure.

SECTION A: BUSINESS PLAN
As a general matter, the submitted business plan must be very detailed and account for the finances, detailed budget, and cost estimates for start-up, as well as up to three months of operational costs. The plan must also include an operational statement providing information about day to day operations relevant to the type of licensing that you are applying for (distribution, manufacturing, cultivation, etc.), the number of employees, inventory storage and processing information, hours of operation, and auditing and reporting methods for product control and financial transactions.

Applicants must submit the requested information responsive to each of the following:

1. Finances – A budget for construction, operations, maintenance, compensation of employees, equipment, property lease, security equipment and staff, City fees, state fees, utility costs, product purchases, and other anticipated contingency costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three months of operating costs, as well as a description of the sources and uses of funds.
a. Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit, or other equivalent assets which can be verified by the City.
b. A pro forma for at least three years of operations.
c. A schedule for beginning operation, including a narrative outlining any proposed construction and improvements and a timeline for completion. d. Completion and execution of the City of Atwater Agreement for Processing Costs, Financial Responsibility, Indemnity, and Consent to Inspection e. State whether the business has access to at least enough capital to pay all startup costs (plus at least 3 months of operating costs) and provide documentation of same

2. Daily Operations - The Business Plan should describe the day-to-day operations

8 which meet industry best practices for the type of cannabis business you are applying.
a. If you are applying for a RETAIL permit, your daily operations statement should include at a minimum the following criteria:
i. Describe customer check-in procedures.
ii. Identify location and procedures for receiving deliveries during business hours.
iii. Identify the name of the Point-of-sale system to be used and the number of Point-of-Sale locations.
iv. Estimate the number of customers to be served per hour/day. v. Describe the proposed product line to be sold and estimate the percentage of sales of flower and manufactured products. vi. If proposed, describe delivery service procedures, number of vehicles and product security during transportation.
vii. How the Cannabis Business will conform to local and state laws.

See AMC Chapter 5.70 as it pertains to retail establishments in the City of Atwater.
viii. How cannabis and cannabis products will be tracked and monitored to prevent diversion. Describe the Point-of-Sale system to be used and how it will interact with the state’s mandated track and trace system.
b. If you are applying for a DISTRIBUTION permit, your daily operations statement should include at a minimum the following criteria:
i. Identify the number of delivery drivers, hours of delivery and vehicles to be used.
ii. Describe the transportation security procedures.
iii. Describe how inventory will be received, processed, stored, and secured in the permitted premises.
iv. Describe the quality control procedures designed to ensure all cannabis is properly packaged, labeled, and tested.
v. How the Cannabis Business will conform to local and state laws.

See AMC Chapter 5.70 as it pertains to distribution establishments in the City of Atwater.
c. If you are applying for a MANUFACTURING permit, your daily operations statement should include at a minimum the following criteria:
i. Identify all cannabis products manufactured within the permitted premises.
ii. Describe quality control procedures.
iii. Describe inventory control procedures.
iv. Describe the extraction process, equipment, and room in which extractions will be conducted.
v. Provide detail as to whether the extraction equipment has been reviewed and certified by a Professional Engineer or Certified Industrial Hygienist.
vi. Describe the sanitation procedures.
vii. How the Cannabis Business will conform to local and state laws.

9 See AMC Chapter 5.70 as it pertains to manufacturing
establishments in the City of Atwater.
d. If you are applying for a TESTING permit, your daily operations statement should include at a minimum the following criteria:
i. Describe the sampling standard operating procedures. ii. Describe procedures for transporting cannabis field samples. iii. Describe the chain of custody for field samples.
iv. Describe the quality control procedures.
v. Describe the Laboratory Supervisor/Manager responsibilities and qualifications.
vi. Identify location and procedures for storing cannabis products. vii. Describe how the cannabis and cannabis products will be tracked and monitored to prevent diversion.
viii. Describe the Point-of-Sale system to be used and how it will interact with the State’s mandated track and trace system. ix. How the Cannabis Business will conform to local and state laws.

See AMC Chapter 5.70 as it pertains to testing establishments in the City of Atwater.
e. If you are applying for a CULTIVATION permit, your daily operations statement should include at a minimum the following criteria:
i. Identify all cannabis products processed within the permitted premises.
ii. Describe quality control procedures.
iii. Describe inventory control procedures.
iv. Describe the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of nonmanufactured processes which will be utilized for these activities.
v. Describe the sanitation procedures in such a way as to ensure the health, safety, and welfare of the public, the employees working at the processing facility, visitors to the area, neighboring properties, and to ensure the security of the cannabis processed; and to safeguard against diversion of cannabis.
vi. Describe the plan for addressing public odor nuisances that may derive from the processing facility.
vii. How the Cannabis Business will conform to local and state laws.

See AMC Chapter 5.70 as it pertains to cultivation establishments in the City of Atwater.
f. If you are applying for a MICROBUSINESS permit, your daily operations statement should include at a minimum the following criteria:
i. A microbusiness applicant shall describe how it meets all the requirements set forth in 4 CCR § 15500, all applicable requirements in AMC Section 5.70.420, and all applicable requirements of subsections 2.a. through 2.e. above, based on the type of commercial cannabis activities the microbusiness will be engaged in.

10 SECTION B: EMPLOYMENT PLAN

1. State whether the business qualifies as a Disadvantaged Business Enterprise (DBE), as defined by the U.S. Department of Transportation (and if so, please provide supporting documentation).

2. Identify number of employees at initial opening and the maximum number of employees when the business is at full capacity.

3. Identify all positions and their responsibilities.

4. Describe compensation to and opportunities for continuing education and training for employees.

5. Describe to the extent to which the cannabis business will be a locally owned enterprise and whether the owner(s) reside within the City of Atwater (i.e., 30% of ownership resides within City – preference may be given to applicants demonstrating that more of its ownership resides within the City). In order to qualify for this criteria, an owner must have lived in the City of Atwater for at least one year prior to the application submission deadline.

6. State whether and how the business will promote local hiring and/or provide incentives for City of Atwater residents to work with the business.

SECTION C: SAFETY PLAN

1. The detailed Safety Plan shall be prepared by a California professional fire prevention and suppression consultant.

2. This plan will describe all fire prevention and suppression measures, fire extinguisher locations, evacuation routes and alarm systems the facility will have in place.

3. Describe all accident and incident reporting procedures.

4. Describe the waste management locations and procedures.

5. State whether the business is formally associated with a non-retail cannabis or non-cannabis related business in the City of Merced

6. Plan must include reference to a daily inspection to ensure maintenance of the interior and exterior of the facility (i.e. free of trash, graffiti, etc.) SECTION D: SECURITY PLAN

1. The security plan shall be prepared by a professional security consultant. This can be done with in-house staff or a consultant, but it must clearly demonstrate that it meets the professional standards requested to receive the appropriate points for each criterion in this section.
a. The plan should demonstrate how the cannabis business wishes to develop the floor plan and address other security issues on the property.

2. Premises Diagram: In addition to the site plans submitted for the Proposed Location (required by Section H of this Appendix A), a separate Premises Diagram must be included in this Security Plan section of the application. The diagram must meet the requirements of the Bureau of Cannabis Control as set forth in 4 CCR § 15006, Premises Diagram. (See also

11 https://cannabis.ca.gov/wp-content/uploads/sites/2/2021/12/Premises-DiagramChecklist_211022.pdf and https://bcc.ca.gov/clear/premises_diagram.pdf.) a. The diagram shall show the boundaries of the property and the proposed location to be licensed, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, windows, and doorways, and shall include a brief statement or description of the principal activity to be conducted therein.
b. The diagram shall show and identify commercial cannabis activities that will take place in each area of the premises and identify all limited-access areas.
c. The diagram shall show where all cameras are located and assign a number to each camera for identification purposes.
d. The diagram shall show the location of any low-voltage fencing on the site. e. The diagram should be accurate, dimensioned and to-scale (minimum scale of 1/4”).
f. If the proposed location consists of only a portion of a property, the diagram must be labeled indicating which part of the property will be used for the licensed premises and what activities will be used for the remaining property.

3. Description of operational security, including but not limited to general security for access/visitor control, inventory control, and cash handling procedures.

4. Description of perimeter security, on-site security guards, lighting, and parking (must specifically state that site meets 100% or more of the parking requirement).

5. Identify transportation techniques and security procedures.

6. Description of employee training and general security policies, including employee safety and cannabis education training programs.

7. State whether the proposed business will be within an existing building or facility, and whether the applicant anticipates that the business can be opened for operations within 6 months of approval of the cannabis regulatory permit by the City.

8. Inclusion of enhanced security measures, including at least three of the following:
panic buttons, dye packets, bullet-resistant window film (with break strength of 400 lbs. per inch or better), an Underwriters Laboratory (UL)-approved safe with a fire rating that is 2-hour 1700 degrees Fahrenheit or better with a complex locking device; motion sensing lighting; or other enhances security measures acceptable to the City.

9. Proposal includes a comprehensive documented process for 24-hour minimum response time to cannabis product recall notifications.

10.Proposal includes one or more on-site security guard(s) during business hours.

11.If the business involves admitting customers to the facility, proposal includes a separate lobby area where identification is checked to ensure that only qualified individuals gain access to separate, locked areas where cannabis products are displayed.

12.Proposal includes electronic storage of required records of sales, delivery, manifests, patient information (if medicinal and required by State), inventory, etc., which can be provided to City personnel upon request.

12 13.Proposal includes secure loading/unloading area for deliveries.

SECTION E: QUALIFICATIONS OF OWNERS

1. Experience – Demonstrate the business owner’s experience in owning, managing, and operating a cannabis business. For purposes of this section, “owner” shall have the same meaning as AMC section 5.70.060(V). Evidence will of prior experience will only be accepted if it stemmed from legally permitted activities. If applicable, applicants should submit documentation evidencing a combined prior ownership experience of at least 6 months in terms of verified successful management of a legal cannabis business, or at least 3 years in terms of verified successful management of any non-cannabis business.

2. Cannabis Industry Knowledge – Demonstrate overall knowledge of the cannabis industry (as also supported by the screening application), including identification of how industry best practices and State regulations have been incorporated in existing/prior legal businesses outside the City of Atwater, if applicable.

3. Ownership Team – Describe the involvement of the ownership team in day-today operation of the business.

SECTION F: PROPOSED LOCATION AND SITE PLAN
In addition to the location related details required in the Security Plan section of this application, the application shall include a thorough narrative description of the proposed location, including but not limited to the overall site, existing and/or proposed building(s), parking spaces, driveways, pedestrian sidewalks/rights-of-way, and neighboring businesses on the parcel. Description of floor plans and interior design are not a requirement of this section. In addition to the narrative description of the proposed locations, applicants shall also include the following items.

1. Demonstration that the applicant meets all zoning and setback requirements applicable at the time of submitting the application.

2. Photographs of the front (street-facing) side of the building. In the event the proposed location is undeveloped land, photographs shall depict the property from all vantage points of the property.

3. The application must include a site diagram depicting all details described in the narrative description of the proposed location. The diagram required for this section need not include a description of any building interior, floor plan, or security detail.

4. Show location and general dimensions of any existing irrigation facilities, natural drainage ways and storm drainage facilities on the site, including proposed modifications.

5. Show size and species of all trees 6 inches and greater in diameter at 3 feet.

Indicate whether to be removed or retained.

6. Show location of curb cuts on neighboring properties; and, in commercial and industrial zones, within 300 feet of adjacent properties and properties across the street.