Atwater City Council
March 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
March 13, 2023
CALL TO ORDER: 5:30PM
ROLL CALL:

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

CLOSED SESSION
Adjourn to Conference Room A
• Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1): Name of case: McWashington v. City of Atwater; Case No. FR99388

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

INVOCATION
Invocation by Daniel Perez

PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL:

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. March 13, 2023
Staff's Recommendation: Approval of warrants as listed.

MINUTES: (City Council)

2. a) February 13, 2023 - Regular meeting
b) February 27, 2023 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

MINUTES: (Citizens' Oversight Committee)

3. December 6, 2022 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.

City Council Agenda for Meeting of March 13, 2023 Page 3

RESOLUTIONS

4. Approving and authorizing the annual Local Transportation Fund (LTF) Claim to be filed with Merced County Association of Governments (MCAG) for Fiscal Year 2022-23 and approving Budget Amendment No. 15 regarding Fiscal Year 2022-23 Local Transportation Fund (Community Development Director Thompson)
Staff's Recommendation: Adopts Resolution No. 3379-23,
approving the annual Local Transportation Fund (LTF) Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2022-23; and authorizes and directs the City Manager to execute the Claim form on behalf of the City; and Adopts Resolution No. 3380-23, approving Budget Amendment No. 15 regarding FY 2022-23 Local Transportation Fund.

AGREEMENTS:

5. Approving a Purchase Order (Purchase Agreement) with Aqueous Vets for GAC Exchange at Well 19 (Public Works Director Vinson) Staff's Recommendation: Approves a Purchase Agreement
(Purchase Order), in a form approved by the City Attorney, to Aqueous Vets of Danville, California for GAC Exchange at Well 19, in an amount not to exceed $44,825; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City.

6. Approving Assistance By Hire (ABH) Agreement (CAL Fire Battalion Chief Ayuso)
Staff's Recommendation: Approves the Assistance By Hire Agreement (ABH), in a form approved by the City Attorney, with CAL FIRE Madera-Mariposa-Merced Unit; and authorizes and directs the City Manager, or their designee, to execute any and all documents related to the Assistance By Hire Agreement.

7. Approving Third Amendment to the Professional Services Agreement to MuniServices, LLC of Centreville, Virginia for Consultant Services for Sales and Use Tax Audit & Report Services. (Finance Director Youmara)
Staff's Recommendation: Approves Third Amendment to
Professional Services Agreement, in a form approved by the City Attorney, to MuniServices, LLC of Centreville, Virginia to comply with state of California Department of Tax and Fee Administration requirements authorizing MuniServices, LLC to examine transactions tax, sales tax and use tax records of the City of Atwater, including but not limited to the transactions and use tax that becomes effective on or about April 1, 2023 known as the Measure B Transactions and Use Tax; and directs the City Manager, or her designee, to execute the Third Amendment on behalf of the City.

8. Approving First Amendment to the Professional Services Agreement to HdL Companies of Brea, California for Consultant Services for

City Council Agenda for Meeting of March 13, 2023 Page 4 Cannabis Monitoring and Compliance Services (Finance Director Youmara)
Staff's Recommendation: Approves the First Amendment to the Professional Services Agreement, in a form approved by the City Attorney, to HdL Companies of Brea, California for Consultant Services to extend the term and increase the compensation for Cannabis Monitoring and Compliance Services; and authorize and direct the City Manager, or her designee, to execute the First Amendment on behalf of the City.

CALL FOR BIDS:

9. Approving plans and specifications and authorizing advertising and calling for bids for Palm Avenue Improvements Project (Public Works Director Vinson)
Staff's Recommendation: Approves the plans and specifications and authorizes advertising and calling for bids for the Palm Avenue Improvements on Palm Avenue and Bellevue Road Project, Project Number 22-06, Bid Call Number 719-22.
***END OF CONSENT CALENDAR***

PUBLIC HEARINGS

10. Waiving the first reading, by title only, and introducing a Zoning Ordinance Text Amendment of the City Council amending Title 17, “Zoning,” of the Atwater Municipal Code for Site Plan and Architectural Review (Community Development Director Thompson)
Staff's Recommendation: Open the Public Hearing and take any testimony from the public;
Close the Public Hearing; and,
Motion to waive the first reading, by title only, and introduce Ordinance No. CS 1059 amending Title 17 “Zoning,” of the Atwater Municipal Code relating to Site Plan and Architectural Review; or, Motion to approve staff’s recommendation as presented.

11. Adopting resolution amending the Fiscal Year 2022-2023 Miscellaneous Fee Schedule (Finance Director Youmara)
Staff's Recommendation: Open the Public Hearing and receive any testimony given regarding the proposed amendments to the Fiscal Year 2022-2023 Miscellaneous Fee Schedule;
Close the Public Hearing;
Motion to adopt Resolution No. 3378-23 amending the City of

City Council Agenda for Meeting of March 13, 2023 Page 5 Atwater's Miscellaneous Fee Schedule for Fiscal Year 2022-2023; or Motion to approve staff's recommendation as presented.

REPORTS AND PRESENTATIONS FROM STAFF:

12. Approving plans and specifications and authorizing advertising and calling for bids for installation of Osborn Park Bathroom Project (Public Works Director Vinson)
Staff's Recommendation: Motion to approve the plans and specifications and authorize advertising and calling for bids for the installation of Osborn Park Renovation Project, Project Number 22- 05, Bid Call Number 717-22; or
Motion to approve staff's recommendation as presented.

13. Code Enforcement Update 2022 (Code Enforcement Manager Garcia) CITY MANAGER REPORTS/UPDATES:

14. 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

15. Letters supporting Assembly Bill 293 allowing immediate family members of a Gold Star Family to obtain lifetime fishing and hunting licenses and Assembly Bill 308 allowing immediate family members of a Gold Star Family to obtain free entry into California State Parks Staff's Recommendation: Motion to authorize and direct Mayor Nelson to execute the letters of support, on behalf of the City of Atwater, regarding Assembly Bill 293 allowing immediate family members of a Gold Star Family to obtain lifetime fishing and hunting licenses and Assembly Bill 308 allowing immediate family members of a Gold Star Family to obtain free entry into California State Parks.

16. Letter supporting Senate Bill 37 - The Older Adults and Adults with Disabilities Housing Stability Act of 2023
Staff's Recommendation: Motion to authorize and direct Mayor Nelson to execute the letter of support, on behalf of the City of Atwater, regarding Senate Bill 37. Older Adults and Adults with Disabilities Housing Stability Act of 2023; which provides housing subsidies to older adults and adults with disabilities who are

City Council Agenda for Meeting of March 13, 2023 Page 6 experiencing or at risk of experiencing homelessness.
• 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

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] .

Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.

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 City of Atwater Spring 3500 Apron Drive
Begins 6:00 PM Meeting - 6:00 PM Clean up 7:00 AM - Noon Atwater, CA
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 -

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
30 ~ April 2023 ~
6:00 PM 1:30 PM - 3:30 PM
City Council Meeting - Office Hours -
4:30 PM Supervisor McDaniel
Committee Meeting - District 3
Audit & Finance Merced County
29 Planning Commission
Meeting - 6:00 PM
6:00 PM
City Council Meeting -
GPTAC - 6:00 PM
Sunday Monday Tuesday Wednesday Thursday Friday Saturday

WARRANTS SUMMARY FOR MARCH 13 2023

TOTAL OF WARRANTS (FROM WARRANT REPORT)

ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS) I s 1,069,743.06 I
DATE I DESCRIPTION !AMOUNT
2/28/2023IPrewrittens included in this current warrant run $ (1,869.89) 2/23/2023 APOA Union Dues $ 2,506.00
2/23/2023 PNC Bank $ 4,033.00
2/23/2023 AFLAC - February 2023 $ 542.37
2/23/2023 AFSCME District Council 57 $ 885.51
2/23/2023 PERS Retirement EFT 2/2/23 - 2/15/23 $ 52,280.91 2/23/2023 Vantagepoint Deferred Comp Plan 457 $ 50.00
2/23/2023 State Disbursement - Child Support $ 473.98
2/28/2023 Retiree Medical Reimbursement - March 2023 $ 32,966.03 3/1/2023 PERS Health - March 2023 $ 105,325.21
2/23/2023 UNUM Life Insurance $ 878.04
2/23/2023 Franchise Tax Board $ 210.00
TOTAL ADDITIONAL WARRANTS $ 198,281.16
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $ 1,268,024.22 l1NFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) IDATE I DESCRIPTION !AMOUNT
2/23/2023 Net Payroll $ 172,492.04 $ 235,823.51
2/23/2023 Federal Taxes $ 57,082.57
2/23/2023 State Taxes $ 6,248.90
2/23/2023 Payroll Deductions $ 1,088.04
TOTAL INFORMATIONAL WARRANTS $ 236,911.55
-~~ER-2-=---

Accounts Payable
Checks for Approval
User:

Printed:
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Check ;";umber Check Date Fund Name Account Name Vendor Name Void Amount 21919 02/28/2023 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 696.43 Check Total: 696.43
21920 02/28/2023 Employee Benefits Fund Health Insurance, Retirees GARYFRAGO 263.42 Check Total: 263.42
21921 02/28/2023 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 880.33 Check Total: 880.33
21922 02/28/2023 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 29.71 Check Total: 29.71
Report Total: 1,869.89
AP-Checks for Approval (3/9/2023 - 10:53 AM) Page I

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
3/9/2023 - 10:54 AM
'i
760 , Rooo. Ali\13toi'' CA 96301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 03/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 191,340.63 0 03/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 55,000.00 0 03/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 40,030.73 0 03/13/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 85,000.00 Check Total: 371,371.36
21923 03/13/2023 Water Enterprise Fund Professional Services ABS PRESORT, INC. 997.57 21923 03/13/2023 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 997.58 21923 03/13/2023 Sanitation Enterprise Fund Professional Services ABS PRESORT, INC. 997.58 21923 03/13/2023 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,200.00 21923 03/13/2023 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,200.00 21923 03/13/2023 Sanitation Enterprise Fund Office Supplies ABS PRESORT, INC. 1,200.00 Check Total: 6,592.73
21924 03/13/2023 Information Technology Fund Special Departmental Expense AIRESPRING 2,899.92 Check Total: 2,899.92
21925 03/13/2023 General Fund Special Departmental Expense AIRGAS USA, LLC 394.38 Check Total: 394.38
21926 03/13/2023 General Fund Office Supplies ALLIED WEST PRINTING 140.67 Check Total: 140.67
21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.60 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 366.32 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 27.21 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 19.44 21927 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 303.00 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 8.13 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 9.71 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 19.86 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 38.30 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page I

Check i\umber Check Date Fund Name Account Name Vendor Name Void Amount 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.92 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 67.85 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 29.16 21927 03/13/2023 General Fund Community Center Expense AMAZON CAPITAL SERVICES 11.82 21927 03/13/2023 General Fund Community Center Expense AMAZON CAPITAL SERVICES 33.25 21927 03/13/2023 General Fund Community Center Expense AMAZON CAPITAL SERVICES 7.57 21927 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 210.37 21927 03/13/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,130.78 21927 03/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 200.20 21927 03/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 27.91 21927 03/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 270.55 21927 03/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 124.49 21927 03/13/2023 General Fund Miscellaneous AMAZON CAPITAL SERVICES 21.64 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 39.80 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 4.05 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 10.55 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 48.45 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 12.76 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 15.67 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 53.42 21927 03/13/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 72.91 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 227.33 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 64.95 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 88.47 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 25.97 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.71 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.63 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.59 21927 03/13/2023 General Fund Special Departmental. Expense AMAZON CAPITAL SERVICES 11.90 21927 03/13/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 107.16 21927 03/13/2023 General Fund Various Classes AMAZON CAPITAL SERVICES 48.69 21927 03/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 166.70 21927 03/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 216.50 21927 03/13/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 250.05 21927 03/13/2023 Internal Service Fund Operations & Maintenance AMAZON CAPITAL SERVICES 400.50 21927 03/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 280.28 21927 03/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 110.28 21927 03/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 32.46 21927 03/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 453.96 21927 03/13/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 68.13 Check Total: 5,931.95 -
21928 03/13/2023 Internal Service Fund Utilities AMERIGAS - MODESTO 198.13 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 2

Check Number Check Date Fund Name Account Nume Vendor Name Vold Amount 21928 03/13/2023 Internal Service Fund Utilities AMERIGAS - MODESTO 1,750.59 ---
Check Total: 1,948.72
21929 03/13/2023 General Fund Community Center Deposits ERIKA ARTEAGA 210.00 21929 03/13/2023 General Fund Community Center Deposits ERIKA ARTEAGA 210.00 Check Total: 420.00
21930 03/13/2023 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements ASSOCIATED RIGHT OF WAY SERVICES, INC. 1,080.00 ---
Check Total: 1,080.00
21931 03/13/2023 Water Enterprise Fund Special Departmental Expense ASSOCIATES LOCK 16.24 21931 03/13/2023 General Fund Professional Services ASSOCIATES LOCK 206.56 Check Total: 222.80
21932 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense ATWATER ELECTRIC 115.00 21932 03/13/2023 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 2,720.00 21932 03/13/2023 Internal Service Fund Special Departmental Expense ATWATER ELECTRIC 29.30 21932 03/13/2023 Internal Service Fund Professional Services ATWATER ELECTRIC 212.50 21932 03/13/2023 Water Enterprise Fund Special Departmental Expense ATWATER ELECTRIC 140.10 21932 03/13/2023 Water Enterprise Fund Professional Services ATWATER ELECTRIC 425.00 21932 03/13/2023 Water Enterprise Fund Professional Services ATWATER ELECTRIC 800.00 21932 03/13/2023 General Fund Special Departmental Expense ATWATER ELECTRIC 200.00 21932 03/13/2023 General Fund Professional Services ATWATER ELECTRIC 680.00 Check Total: 5,321.90
...
21933 03/13/2023 General Fund Professional Services ATWATER VETERINARY CENTER 158.00 Check Total: 158.00
21934 03/13/2023 General Fund Special Departmental Expense AUTOZONE STORE #5506 14.06 Check Total: 14.06
21935 03/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 418.88 21935 03/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,838.00 21935 03/13/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,842.27 Check Total: 8,099.15
21936 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 56.23 21936 03/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 30.99 21936 03/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 40.88 21936 03/13/2023 General Fund Training BIG CREEK LUMBER COMPANY 241.77 21936 03/13/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 18.16 21936 03/13/2023 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 10.78 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 3

Check Xumber Check Date Fund Name Account Name Vendor Name Void Amount 21936 03/13/2023 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 244.08 21936 03/13/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 8.43 21936 03/13/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 162.43 21936 03/13/2023 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 18.74 Check Total: 832.49 --
21937 03/13/2023 Internal Service Fund Special Departmental Expense BK INDUSTRIES INC. 6,440.00 Check Total: 6,440.00 -
21938 03/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 21938 03/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 178.50 21938 03/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 21938 03/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 58.50 21938 03/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 952.50 21938 03/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 21938 03/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 21938 03/13/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 21938 03/13/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 2,286.00 Check Total: 4,938.00 )
21939 03/13/2023 General Fund Special Departmental Expense CAL FARM SERVICES 36.65 21939 03/13/2023 General Fund Professional Services CAL FARM SERVICES 12.00 21939 03/13/2023 General Fund Special Departmental Expense CAL FARM SERVICES 170.79 Check Total: 219.44
21940 03/13/2023 1,2,3-TCP Fund Professional Services CALGON CARBON 90,599.00 Check Total: 90,599.00
21941 03/13/2023 General Fund Special Departmental Expense CALIFORNIA LANDSCAPE SUPPLY, INC. 693.16 Check Total: 693. 16
21942 03/13/2023 Internal Service Fund Professional Services CERTIFIED AUTOMOTIVE 114.95 Check Total: 114.95
21943 03/13/2023 Internal Service Fund Professional Services CIMO CONSTRUCTION GROUP 3,500.00 Check Total: 3,500.00
21944 03/13/2023 General Fund Uniform & Clothing Expense CINTAS 21.34 21944 03/13/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 21944 03/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.49 21944 03/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 21944 03/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 4

Check Number Check Date Fund Name Account Name Vendor Name Vold Amount 21944 03/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 35.81 21944 03/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 21944 03/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 21944 03/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.49 21944 03/13/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 21944 03/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 21944 03/13/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 35.81 21944 03/13/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 21944 03/13/2023 General Fund Uniform & Clothing Expense CINTAS 21.34 21944 03/13/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 21944 03/13/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 Check Total: 491.24
21945 03/13/2023 General Fund Vehicle Release Fees CHRISTINA CISNEROS 20.00 Check Total: 20.00
21946 03/13/2023 Internal Service Fund Communications COMCAST CABLE 13.28 Check Total: 13.28 -
21947 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 86.04 21947 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 168.85 21947 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 85.84 21947 03/13/2023 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR! 397.12 Check Total: 737.85
21948 03/13/2023 Water Fund Capital Replacement Installation-New Water Meters CORE & MAIN LP 244.65 21948 03/13/2023 Water Fund Capital Replacement Installation-New Water Meters CORE & MAIN LP 258.73 Check Total: 503.38
21949 03/13/2023 General Fund Professional Services COVANTA ENVIRONMENTAL SOLUTIONS LU 401. 10 Check Total: 401.10
21950 03/13/2023 General Fund Special Departmental Expense CREATIVE COPY 250.00 Check Total: 250.00
21951 03/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 21951 03/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 21951 03/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21951 03/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21951 03/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 21951 03/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 21951 03/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 5

Check ~umber Check Date Fund Name Account Name Vendor Name Void Amount 21951 03/13/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 Check Total: 320.00
21952 03/13/2023 Information Technology Fund Professional Services DATA PATH, INC. 8,680.00 21952 03/13/2023 Information Technology Fund Professional Services DATA PATH, INC. 2,472.85 21952 03/13/2023 Information Technology Fund Professional Services DATA PATH, INC. 2,530.00 ---
Check Total: 13,682.85
21953 03/13/2023 General Fund Community Center Deposits CANDY DAUGHERTY 350.00 Check Total: 350.00
21954 03/13/2023 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 1,490.00 ---
Check Total: 1,490.00
21955 03/13/2023 General Fund Deposits DR&G SERVICES 547.00 21955 03/13/2023 Water Enterprise Fund Water Service Charges DR&G SERVICES -19.00 Check Total: 528.00
21956 03/13/2023 Water Fund Capital Replacement Installation-New Water Meters FASTENAL COMPANY 54.48 21956 03/13/2023 Water Enterprise Fund Special Departmental Expense FASTENAL COMPANY 54.58 Check Total: !09.06
21957 03/13/2023 General Fund Office Supplies FEDERAL EXPRESS 44.20 Check Total: 44.20
21958 03/13/2023 Internal Service Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 -
279.06
Check Total: 279.06 -
21959 03/13/2023 1,2,3-TCP Fund TCP Remediation Project GHD 1,892.75 Check Total: 1,892.75
21960 03/13/2023 General Fund Community Center Deposits EVANGELINA GONZALEZ 210.00 21960 03/l3/2023 General Fund Community Center Deposits EVANGELINA GONZALEZ 210.00 21960 03/13/2023 General Fund Community Center Rental EVANGELINA GONZALEZ 35.00 21960 03/13/2023 General Fund Community Center Rental EVANGELINA GONZALEZ -52.50 21960 03/13/2023 General Fund Community Center Rental EVANGELINA GONZALEZ 35.00 21960 03/13/2023 General Fund Community Center Rental EVANGELINA GONZALEZ -52.50 Check Total: 385.00
21961 03/13/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 55.00 21961 03/13/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 170.85 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 6

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 21961 03/13/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 719.95 Check Total: 945.80 --
21962 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense HORIZON 1,527.71 21962 03/13/2023 Water Enterprise Fund Special Departmental Expense HORIZON 143.54 Check Total: 1,671.25
21963 03/13/2023 ARPA-American Rescue Plan Act Professional Services JANI TEK CLEANING SOLUTIONS 9,305.65 ---
Check Total: 9,305.65
21964 03/13/2023 General Fund Community Center Deposits MOE JAWAD 210.00 21964 03/13/2023 General Fund Community Center Deposits MOE JAWAD 210.00 Check Total: 420.00
21965 03/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 227.84 21965 03/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 830.18 21965 03/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,302.08 21965 03/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 342.42 21965 03/13/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,615.13 21965 03/13/2023 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 362.18 21965 03/13/2023 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 222.30 21965 03/13/2023 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 223.55 21965 03/13/2023 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 148.98 21965 03/13/2023 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 492.18 21965 03/13/2023 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 367.38 21965 03/13/2023 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 133.38 21965 03/13/2023 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 277.94 21965 03/13/2023 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 795.86 21965 03/13/2023 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 223.86 21965 03/13/2023 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,042.48 21965 03/13/2023 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 570.18 21965 03/13/2023 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 379.86 21965 03/13/2023 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 414.18 Check Total: 9,971.96
21966 03/13/2023 Sewer Enterprise Fund Professional Services JORGENSEN COMPANY 150.00 Check Total: 150.00
21967 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense KELLOGG'S SUPPLY 162.36 21967 03/13/2023 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 363.71 21967 03/13/2023 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 6.00 21967 03/13/2023 General Fund Special Departmental Expense KELLOGG'S SUPPLY 62.33 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 594.40
21968 03/13/2023 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 836.15 Check Total: 836.15
21969 03/13/2023 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 15,836.43 21969 03/13/2023 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 2,556.12 ---
Check Total: 18,392.55 --
21970 03/13/2023 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 3,276.88 ---
Check Total: 3,276.88
21971 03/13/2023 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 287.56 Check Total: 287.56 ,.
21972 03/13/2023 General Fund Castle Park Deposits RAQUEL MELENDEZ 200.00 Check Total: 200.00
21973 03/13/2023 General Fund Youth Basketball MERCED AREA SPORTS OFFICIALS, INC 540.00 21973 03/13/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 125.00 21973 03/13/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 150.00 Check Total: 815.00
21974 03/13/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 2,080.60 21974 03/13/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 76.03 21974 03/13/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 623.81 21974 03/13/2023 Internal Service Fund Professional Services MERCED CHEVROLET 6,435.00 21974 03/13/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 1,726.55 21974 03/13/2023 Internal Service Fund Professional Services MERCED CHEVROLET 585.00 Check Total: 11,526.99 -
21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL ( I 004) 19.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 50.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 50.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 69.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (I 004) 19.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 24.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL ( 1004) 19.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL ( I 004) 19.00 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Vold Amount 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 235.91 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 263.04 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 268.20 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 258.30 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL ( I 004) 50.39 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 339.23 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 238.50 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 501.96 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 312.97 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 202.77 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 40.90 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 257.44 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 488.62 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 233.33 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 287.14 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 235.48 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL ( I 004) 69.3 I 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 411.99 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 241.51 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 245.39 21975 03/13/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 324.60 ---
Check Total: 5,870.98
21976 03/13/2023 General Fund Professional Services MERCED FENCE COMPANY 370.00 21976 03/13/2023 Sewer Enterprise Fund Professional Services MERCED FENCE COMPANY 260.00 21976 03/13/2023 General Fund Professional Services MERCED FENCE COMPANY 195.00 21976 03/13/2023 Internal Service Fund Professional Services MERCED FENCE COMPANY 260.00 21976 03/13/2023 General Fund Professional Services MERCED FENCE COMPANY 310.00 Check Total: 1,395.00 --
21977 03/13/2023 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIP. 365.77 Check Total: 365.77
21978 03/13/2023 General Fund Professional Services MUNISERVICES LLC 238.32 Check Total: 238.32
21979 03/13/2023 Information Technology Fund Special Departmental Expense NEW HORIZON COMMUNICATIONS CORP 2,461.09 Check Total: 2,461.09
21980 03/13/2023 General Fund Office Supplies THE OFFICE CITY 170.01 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 9

Check :'llumber Check Date Fund Name Account Name Vendor Name Vold Amount Check Total: 170.01 ./
21981 03/13/2023 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 17.84 21981 03/13/2023 Internal Service Fund Operations & Maintenaace O'REILLY AUTO PARTS 200.49 21981 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 33.53 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 27.58 21981 03/13/2023 Internal Service Fund Small Tools O'REILLY AUTO PARTS 51.95 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 22.14 21981 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 35.02 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -10.83 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 34.63 21981 03/13/2023 Internal Service Fund Small Tools O'REILLY AUTO PARTS 14.06 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 52.63 21981 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 145.84 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 14.28 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 147.52 21981 03/13/2023 Internal Service Fund Small Tools O'REILLY AUTO PARTS 23.80 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 81.99 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 86.56 21981 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS -30.00 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 63.63 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 34.62 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 96.36 21981 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 10.27 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 41.58 21981 03/13/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 37.02 21981 03/13/2023 Internal Service Fund Small Tools O'REILLY AUTO PARTS 184.01 Check Total: 1,416.52
21982 03/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 1,366.81 21982 03/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 329.91 21982 03/13/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 148.55 21982 03/13/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 25,011.27 21982 03/13/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 2,858.56 21982 03/13/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 23.82 21982 03/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 4,220.89 21982 03/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC -114.89 21982 03/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 2,669.73 21982 03/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 5,427.62 21982 03/13/2023 General Fund Utilities PACIFIC GAS & ELECTRIC -1.18 21982 03/13/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 16,385.91 21982 03/13/2023 Northwood Village LO Utilities PACIFIC GAS & ELECTRIC 462.86 21982 03/13/2023 Orchard Park Estates LO Utilities PACIFIC GAS & ELECTRIC 87.63 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 10

Check Number Check Date Fund Name Account Name Vendor Name Vold Amount 21982 03/13/2023 Wildwood Estates LO Utilities PACIFIC GAS & ELECTRIC -5.19 21982 03/13/2023 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 12.62 21982 03/13/2023 Shaffer Lakes West LO Utilities PACIFIC GAS & ELECTRIC 42.02 21982 03/13/2023 Woodhaven LO Utilities PACIFIC GAS & ELECTRIC 13.87 21982 03/13/2023 Sierra Parks LO Utilities PACIFIC GAS & ELECTRIC 176.28 21982 03/13/2023 Shaffer Lakes East LO Utilities PACIFIC GAS & ELECTRIC 169.77 21982 03/13/2023 Price Annexation LO Utilities PACIFIC GAS & ELECTRIC 666.10 21982 03/13/2023 Sandlewood Square LO Utilities PACIFIC GAS & ELECTRIC 22.70 21982 03/13/2023 Pajaro Dunes LO Utilities PACIFIC GAS & ELECTRIC 20.17 21982 03/13/2023 Cottage Gardens LO Utilities PACIFIC GAS & ELECTRIC -22.83 21982 03/13/2023 Airport Business Park LO Utilities PACIFIC GAS & ELECTRIC 896.48 21982 03/13/2023 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 18.26 21982 03/13/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 26,570.02 21982 03/13/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 3,332.74 21982 03/13/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 8,180.19 ---
Check Total: 98,970.69
21983 03/13/2023 Internal Service Fund Professional Services PETE'S AUTO BODY 170.00 21983 03/13/2023 Internal Service Fund Operations & Maintenance PETE'S AUTO BODY 47.67 Check Total: 217.67
21984 03/13/2023 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 3,047.03 21984 03/13/2023 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 394.77 21984 03/13/2023 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 6,348.80 --
Check Total: 9,790.60
21985 03/13/2023 General Fund Machinery & Equipment QUADIENT, INC. 1,601.00 21985 03/13/2023 General Fund Machinery & Equipment QUADIENT, INC. 13,587.11 21985 03/13/2023 General Fund Special Departmental Expense QUADIENT, INC. 56.97 21985 03/13/2023 General Fund Rents & Leases QUADIENT, INC. 36.00 21985 03/13/2023 General Fund Special Departmental Expense QUADIENT, INC. 312.63 21985 03/13/2023 General Fund Rents & Leases QUADIENT, INC. 444.00 --
Check Total: 16,037.71
21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 326.70 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 33.19 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 344.56 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 24.51 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 45.25 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 31.10 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 522.25 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 347.10 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 11

Check :--lumber Check Date Fund Name Account Name Vendor Name Void Amount 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 173.74 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 26.67 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 34.23 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 174.11 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 393.40 21986 03/13/2023 General Fund Rents & Leases RAY MORGAN COMPANY 278.69 21986 03/13/2023 Water Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 21986 03/13/2023 Sewer Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.24 Check Total: 3,030.49
21987 03/13/2023 Low&Mod Inc Housing Asset Fund Professional Services ROSENOW SPEVACEK GROUP INC. 773.75 Check Total: 773.75
21988 03/13/2023 Sewer Enterprise Fund Sewer Lift Station Irnprvrnnts RTC CONSTRUCTION MANAGEMENT, INC. 280,807.65 ---
Check Total: 280,807.65
21989 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 386.94 Check Total: 386.94
21990 03/13/2023 General Fund Building Permits SKYLINE SMART ENERGY 102.00 Check Total: 102.00
21991 03/13/2023 Sewer Enterprise Fund Special Departmental Expense SMITH & LOVELESS INC. 264.28 -
Check Total: 264.28 ,
21992 03/13/2023 General Fund Special Departmental Expense STATE PRO BUILDERS INC. 1,880.00 Check Total: 1,880.00
21993 03/13/2023 Internal Service Fund Operations & Maintenance JUAN SUFUENTES 30.01 Check Total: 30.01
21994 03/13/2023 Sewer Enterprise Fund Professional Services SUNBELT RENTALS 1,356.54 21994 03/13/2023 Water Enterprise Fund Professional Services SUNBELT RENTALS 503.73 21994 03/13/2023 Water Enterprise Fund Professional Services SUNBELT RENTALS 184.03 Check Total: 2,044.30 _,
21995 03/13/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,128.57 Check Total: 1,128.57
21996 03/13/2023 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 248.75 21996 03/13/2023 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 238.75 AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 12

Check Number Check Date Fund Name Account Name Vendor Name Vold Amount 21996 03/13/2023 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 338.50 Check Total: 826.00
21997 03/13/2023 Water Enterprise Fund Professional Services TESCO CONTROLS, INC. 11,632.00 ---
Check Total: 11,632.00
21998 03/13/2023 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 9,740.75 ---
Check Total: 9,740.75 -
21999 03/13/2023 Internal Service Fund Operations & Maintenance VAN DE POL 10,241.97 ---
Check Total: 10,241.97 -
22000 03/13/2023 General Fund Communications VERIZON WIRELESS 560.16 Check Total: 560.16
22001 03/13/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,107.54 Check Total: 1,107.54
22002 03/13/2023 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 12,490.62 22002 03/13/2023 Measure V 20% AltemativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 1,618.29 Check Total: 14,108.91 _,.
22003 03/13/2023 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 58.61 22003 03/13/2023 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGAI:ION SUPPLY, INC 23.07 Check Total: 81.68
22004 03/13/2023 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 Check Total: 29.97
22005 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 19.37 22005 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 4.01 22005 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 25.13 22005 03/13/2023 General Fund Training WINTON HARDWARE 183.16 22005 03/13/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 6.08 22005 03/13/2023 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 71.09 22005 03/13/2023 Internal Service Fund Special Departmental Expense WINTON HARDWARE 10.76 22005 03/13/2023 Internal Service Fund Special Departmental Expense WINTON HARDWARE 17.60 Check Total: 337.20
AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 13

Check ~umber Check Date Fund Name Account Name Vendor Name Void Amount Report Total: 1,067,873.17
AP-Checks for Approval (3/9/2023 - 10:54 AM) Page 14

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
February 13, 2023
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater and the Governing Board met in Open Session this date at 5:31 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 Ambriz, Button, Cale, Mayor Pro Tem Raymond, Mayor Nelson

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

No one came forward to speak.

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

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 Action Minutes for February 13, 2023 Page 2 Closed Session adjourned at 5:51 PM.

REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater 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 Michael Giordano.

PLEDGE OF ALLEGIANCE TO THE FLAG:

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

ROLL CALL: (City Council)

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

Absent: None
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Battalion Chief Ayuso, Community Development
Director Thompson, Public Works Director Vinson, Finance Director Youmara, City Clerk Billings, Administrative Assistant Peralta, Deputy City Clerk Martin
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: Mayor Pro Tem Raymond moved to approve the agenda as posted. The motion was seconded by City Council Member Ambriz and the vote was: Ayes:

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

CONSENT CALENDAR:

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

No one came forward to speak.

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

City Council Action Minutes for February 13, 2023 Page 3 WARRANTS:

1. February 13, 2023
ACTION: Approval 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
ACTION: Approval of minutes as listed.

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)
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.

PUBLIC HEARINGS:

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

Mayor Nelson opened the public hearing.

MOTION: City Council Member Cale moved to waive the first reading and introduce Ordinance No. CS 1058 amending Chapter 17.49.020 “Definition of miniwarehouse,” of the Atwater Municipal Code. The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes: Cale, Ambriz Button, Nelson; Noes:

Raymond; Absent: None. The motion passed.

City Council Action Minutes for February 13, 2023 Page 4 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)
Mayor Nelson opened the public hearing.

Community Development Director Thompson provided background information on this item.

Senior Planner Rashe provided background information on this item.

No one came forward to speak.

Mayor Nelson closed the public hearing.

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

REPORTS AND PRESENTATIONS FROM STAFF:

Awarding a Professional Services Agreement to Centerline Design, LLC for the Design of Tenant Improvements at the future City Hall (Public Works Director Vinson) Public Works Director Vinson provided background information on this item.

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

Resolution adopting procedure guidelines and review criteria for evaluating cannabis regulatory permit applications (Community Development Director Thompson)

City Council Action Minutes for February 13, 2023 Page 5 Community Development Director Thompson provided background information on this item.

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

Linda Dash spoke regarding the budget for cannabis.

MOTION: City Council Member Ambriz moved to adopt Resolution No. 3369-23 approving procedure guidelines and review criteria for evaluating cannabis regulatory permit applications. The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes: Button, Ambriz, Cale, Raymond, Nelson; Noes:

None; Absent: None. The motion passed.

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)
Battalion Chief Ayuso provided background information on this item.

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

MOTION: City Council Member Ambriz moved 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.

The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes:

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

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) Police Chief Salvador provided background information on this item.

Mayor Pro Tem Raymond asked regarding the expenditure.

City Council Member Ambriz asked regarding how often equipment should be replaced and regarding the life of the server.

City Council Member Cale asked regarding the warranty for the equipment.

Mayor Pro Tem Raymond asked if this is an expense that may be reimbursed by FEMA.

City Council Action Minutes for February 13, 2023 Page 6 City Council Member Button asked regarding the electrical.

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

MOTION: City Council Member Ambriz moved 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.

The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes:

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

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) Police Chief Salvador provided background information on this item.

Mayor Pro Tem Raymond Asked regarding the ordering of the equipment.

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

Jim Price spoke regarding the use of radios in the past with the Atwater Police Department.

Linda Dash spoke regarding the dispatch center.

Mayor Pro Tem Raymond asked regarding the Sheriff’s Department project regarding radios.

MOTION: Mayor Pro Tem Raymond moved 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.

The motion was seconded by City Council Member Cale and the vote was: Ayes:

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

City Council Action Minutes for February 13, 2023 Page 7 Police Department 2022 Annual Report
Police Chief Salvador provided background information on this item and presented a PowerPoint detailing the City of Atwater Police Department annual report.

Mayor Nelson asked regarding recruitment of the Police Department and traffic enforcement.

Police Chief Salvador provided clarification.

CITY MANAGER REPORTS/UPDATES:

City Manager Waterman thanked the Mayor and City Council for allowing her to attend the California League of Cities City Manager Conference. During the training she was afforded training regarding promoting different departments, recruiting and retention post COVID-19, small city succession planning and economic development.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

Justin Sarginson spoke regarding his activity in the city, his various feelings of the city and leadership in the city.

Gilbert Felix, District Director of Assembly Member Esmeralda Soria spoke regarding the location of the office in Merced.

Linda Dash spoke regarding three public records requests.

Jim Price spoke regarding the use of city funds.

Richard Edwards spoke regarding a recent incident with his family.

Rich Miller spoke regarding transparency.

No one else came forward to speak.

CITY COUNCIL REPORTS/UPDATES:

City Council Member Cale, District 1 thanked the public for their comments as well as sorry to the family for their loss. He announced the Grand Opening Ribbon Cutting for Castle Veterans Organization on February 25, 2023 at 2 PM to 10 PM. He spoke regarding the recent tragedy involving Memphis Police Department. He spoke regarding training of the Atwater Police Department.

City Council Action Minutes for February 13, 2023 Page 8 City Council Member Button, District 2 spoke regarding mailbox theft.

City Council Member Ambriz, District 3 spoke regarding Chance Dobbins charity ribbon cutting that he was able to attend. He encourages those who would like to run for City Council to do so.

Mayor Pro Tem Raymond, District 4 spoke regarding City Council Member Ambriz mother and happy that she is doing well. He welcomed District Director Felix and mentioned AB 308. He wished his daughter a Happy Birthday! Mayor Nelson spoke regarding his attendance at the MCAG new Director’s workshop. He stated that disabled people and college students are allowed to ride the bus for free. He encourages people to be involved as the city begins the General Plan Update. He spoke regarding illegal Fireworks; he will be meeting with the chiefs to have a plan in place. He would like to use an incentive program regarding this topic.

ADJOURNMENT:

Mayor Nelson adjourned the meeting at 7:41 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
February 27, 2023
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.

INVOCATION:

The Invocation was led by Police Chaplain Steve Mead.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by City Attorney Splendorio.

ROLL CALL: (City Council)

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

Absent: Mayor Pro Tem Raymond
Staff Present: City Manager Waterman, City Attorney Splendorio, Battalion Chief Ayuso, Police Chief Salvador, Community Development Director Thompson, Public Works Director Vinson, Finance Director Youmara, Administrative Assistant/Deputy City Clerk Peralta, Deputy City Clerk Martin
SUBSEQUENT NEED ITEMS: None

City Council Meeting Action Minutes for February 27, 2023 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

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

The motion was seconded by City Council Member Cale and the vote was: Ayes:

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

PRESENTATIONS:

Presentation regarding Atwater Historical Society updates, grants, and ongoing projects by the President of the society Greg Olzack
Atwater Historical Society President Olzack spoke about the society’s 50th anniversary event, Mr. Bloss’ BBQ, and an Octoberfest in the fall.

Mary Pickford spoke regarding the Founder’s Walk and opportunities to work with the school district and the community.

Presentation regarding Small Business Administration – Disaster Assistance in Merced County by Small Business Administration Public Affairs Specialist Caltenco Javier Caltenco spoke about SBA’s low interest federal disaster loans to businesses of all sizes, most private non-profit organizations, homeowners, and renters. He informed about SBA’s loan for businesses which covers physical damage, damaged supplies, inventory, or machinery up to two million dollars.

Caltenco advised homeowners to first apply with FEMA and then go to SBA where they can qualify for a loan up to two thousand dollars. Homeowners have sixty days to accept or deny the loan. The deadline for physical damage loan is March 16th, 2023, and the deadline for economic disaster loan is October 16th, 2023.

Monthly report by Merced County District 3 Supervisor McDaniel Merced County District 3 Supervisor McDaniel reported the following:
• Informed that FEMA and SBA are available until March 16th and will pull out sooner if there is lack of business. He urged citizens to apply if needed as there were, in District 3 alone, 155 homes impacted by flooding. • Large hardware retailer looking to open a location in the Winton area. • After five years, permitting was given for restoration and to clean the creaks.

Permit is for another ten years.
• Castle presentation before the board of supervisors. They would like to reach out to the City Council and Mayor to do a presentation at a meeting to report and update.

CONSENT CALENDAR:

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

City Council Meeting Action Minutes for February 27, 2023 Page 3 No one came forward to speak.

Mayor Nelson closed the public comment.

MOTION: City Council Member Button moved to approve the Consent Calendar as posted. The motion was seconded by City Council Member Cale and the vote was:

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

TREASURER’S REPORT:

1. a) December 31. 2022
b) January 31, 2023
ACTION: Approval of report as listed.

WARRANTS:

2. February 27, 2023
ACTION: Approval of warrants as listed.

MINUTES:

3. January 23, 2023 – Regular Meeting
ACTION: Approval of minutes as listed
MINUTES: (Planning Commission)

4. a) September 21, 2022 – Regular Meeting
b) November 30, 2022 – Special Meeting
RESOLUTIONS:

5. Authorizing submittal of grant application submittal to the California Energy Commission for Automated Permit Processing; and approving Budget Amendment establishing revenue and expense account; and authorizes the City Manager or designee, to execute any and all agreements and accept funds awarded through the California Automated Permit Processing Program (Community Development Director Thompson)
ACTION: Adopts Resolution No. 3373-23 approving the submittal of a grant application to the California Energy Commission for Automated Permit Processing (CalAPP); and adopts Resolution No. 3372-23 approving Budget Amendment No. 12 amending Fiscal Year 2022-23 Budget to establish a revenue and expense account for CalAPP; and authorizes the City Manager or designee, to serve as the

City Council Meeting Action Minutes for February 27, 2023 Page 4 City's authorized representative to execute all documents and accept all funds on behalf of the City.

AGREEMENTS:

6. Approving First Amendment to the Professional Service Agreement to Willdan Financial Services of Temecula, California for a Sanitation Service Rate Study (Public Works Director Vinson)
ACTION: Approves First Amendment to Professional Service Agreement, in a form approved by the City Attorney, to Willdan Financial Services of Temecula, California to extend the term for a Sanitation Service Rate Study; and authorizes the City Manager to execute the First Amendment on behalf of the City.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

7. Adoption of an ordinance amending Chapter 17.49.020, “Definition of miniwarehouse,” of the Atwater Municipal Code (Community Development Director Thompson)
ACTION: Adopts an ordinance amending Chapter 17.49.020, “Definition of miniwarehouse,” of the Atwater Municipal Code.

REPORTS AND PRESENTATIONS FROM STAFF:

Adopting a Resolution directing staff to begin negotiations with Mid Valley Disposal for Residential and Commercial Garbage, Recyclable Material, and Organic Waste Collection Services (Public Works Director Vinson)
Public Works Director Vinson provided background information on this item.

Senior Project Manager Mainolfi from HF&H Consultants provided background information on this item with a presentation.

Mayor Nelson asked for clarification regarding the number of garbage bins and how to keep others from stealing out of the recyclable bins.

Senior Project Manager Mainolfi provided clarification.

Mayor Nelson informed of phone calls received regarding citizens complaining of double billing despite Republic Services dumping green cans into black cans from lack of drivers.

Mayor Nelson asked how rates are going to increase.

Senior Project Manager Mainolfi provided clarification.

City Council Meeting Action Minutes for February 27, 2023 Page 5 Public Works Director Vinson provided clarification.

Mayor Nelson asked about roll-off bins.

City Council Member Cale asked regarding disposal and bins.

City Manager Waterman clarified that with the new separation system, the contract will educate residents on this matter.

City Council Member Button asked if this would include a curb side pickup for residential, such as setting out an old couch or TV set on their curb.

Public Works Director Vinson informed about the Spring/Fall cleanups for bulk items and stated that including curb side pickup would raise the price on service.

City Council Member Button suggested including this service for residents who cannot attend Spring/Fall cleanups.

Public Works Director Vinson informed that residents can call the Public Works department and ask for trucks to come by their homes during Spring/Fall cleanups.

City Manager Waterman had a statement from Mayor Pro Tem Raymond in his absence. Mayor Pro Tem Raymond opposes an exclusive roll-off bin contract and supports opening it up to a free market.

City Council Member Cale expressed concerns over another ten-year contract.

Public Works Director Vinson provided clarification.

Senior Project Manager Mainolfi provided clarification.

Mayor Nelson asked if anyone would like to come forward and speak on this item.

Jeannie Knight provided a speaker card regarding this item.

Eddie Franks spoke in support of local businesses.

Cindy Vierra spoke in support of this item.

Steve McCaffery from Republic Services addressed the comment regarding the mixture of garbage and will follow up with Public Works Director Vinson.

Tony Shukle asked if three cans will be picked up during the week.

Alex Ibarra from Teamsters 386 expressed concerns about workers losing their jobs.

City Council Meeting Action Minutes for February 27, 2023 Page 6 Lauren Arnest from North Valley Labor Federation spoke in support of prioritizing the workers during transition.

Pastor Rich Miller spoke against City Council Member Button’s suggestion of curb side pick-up.

Gabe Santos spoke in favor of working with local businesses and asked if language barriers would be incorporated.

Jim Lester spoke about the Spring/Fall cleanup.

Public Works Director Vinson provided clarification.

Supervisor McDaniel suggested handing out vouchers regarding curb side pickup.

President and owner of Mid Valley Disposal Joseph Kalpakoff spoke of company’s achievements and readiness to work with the City of Atwater.

Jim Price spoke about huge costs regarding recycling, the landfill, and about educating residents on the matter.

No one else came forward.

City Council Member Ambriz spoke in support of MOU suggestion from Teamsters 386.

MOTION: City Council Member Ambriz moved to adopt Resolution No. 3374-23 directing city staff to begin negotiations with Mid Valley Disposal to finalize the new franchise agreement for the Residential and Commercial Garbage, Recyclable Material, and Organics Waste Collection Services Contractor. The motion was seconded by City Council Member Button and the vote was: Ayes: Cale, Ambriz, Button, Nelson; Noes: None; Absent: Raymond. The motion passed.

Approving Budget Amendment No. 13 regarding Sewer Enterprise Fund to purchase APN 0156-060-013 and 0156-060-014 from Global International Equities, Inc (Public Works Director Vinson)
ACTION: Adopts Resolution No. 3375-23 authorizing the Sewer Enterprise Fund to purchase real property located at 255 E Bellevue Rd, Atwater, CA 95301, more particularly described as Assessor’s Parcel No’s. 156-060-013 and 156-060-014, from Global International Equities, Inc, Michael Tims, President, for the Lower Shaffer Storm Drain Project 22-07 in the amount of Six Hundred Thousand Dollars ($600,000), and approve the expenditure of any additional and related closing costs expenses; and authorize and direct the City Manager to execute a Purchase and Sale Agreement, in a form approved by the City Attorney, and all documents related to the purchase of the property on behalf of the City.

City Council Meeting Action Minutes for February 27, 2023 Page 7 Public Works Director Vinson provided background on this item.

Mayor Nelson asked if anyone would like to speak on this item.

No one came forward.

MOTION: City Council Member Ambriz moved to adopt Resolution No. 3375-23 authorizing the Sewer Enterprise Fund to purchase real property located at 255 E Bellevue Rd, Atwater, CA 95301, more particularly described as Assessor’s Parcel No’s. 156-060-013 and 156-060-014, from Global International Equities, Inc, Michael Tims, President, for the Lower Shaffer Storm Drain Project 22-07 in the amount of Six Hundred Thousand Dollars ($600,000), and approve the expenditure of any additional and related closing costs expenses; and authorize and direct the City Manager to execute a Purchase and Sale Agreement, in a form approved by the City Attorney, and all documents related to the purchase of the property on behalf of the City. The motion was seconded by City Council Member Cale and the vote was: Ayes: Button, Cale, Ambriz, Nelson; Noes: None; Absent: Raymond. The motion passed.

Accepting Traffic Signal Interconnect Project as complete (Community Development Director Thompson)
Community Development Director Thompson provided background information on this item.

City Council Member Ambriz expressed concerns over traffic light timing.

Mayor Nelson asked if the public would like to speak on this item.

No one came forward.

MOTION: City Council Member Cale moved to accept Traffic Signal Interconnect Project as complete. The motion was seconded by City Council Member Button and the vote was: Ayes: Ambriz, Cale, Button, Nelson; Noes: None; Absent:

Raymond. The motion passed.

Approving Budget Amendment regarding Revenue and Expenditure Adjustments based on Mid-Year Analysis (City Manager Waterman and Finance Director Youmara) ACTION: Adopts Resolution No. 3376-23 approving Budget Amendment No. 14 amending the Fiscal Year 2022-2023 Budget regarding revenue and expenditure adjustments based upon mid-year analysis.

Finance Director Youmara provided background information and presented a PowerPoint of the Fiscal Year 2022-2023 Mid-Year Budget analysis which detailed various funds.

City Council Meeting Action Minutes for February 27, 2023 Page 8 City Council Member Ambriz asked for clarification on fire facility impact fees fund.

Finance Director Youmara provided clarification.

City Council Member Button asked about the decrease of fund balance.

Public Works Director Vinson and Finance Director Youmara provided clarification.

City Council Member Cale asked about funds and what they cover.

Finance Director Youmara provided clarification.

Mayor Nelson asked if any member of the public would like to speak on this item.

Linda Dash asked for an update regarding her public records request.

Jim Price asked about Measure H funds.

Mayor Nelson informed there is more background in the Agenda Packet.

MOTION: City Council Member Cale moved to approve Budget Amendment regarding Revenue and Expenditure Adjustments based on Mid-Year Analysis. The motion was seconded by City Council Member Ambriz and the vote was: Ayes:

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

Fire Department 2022 Annual Report (CAL FIRE Battalion Chief Ayuso) Battalion Chief Ayuso provided background information on this item and presented a PowerPoint detailing the annual report and a video to showcase the Fire Department’s daily routine.

CITY MANAGER REPORTS/UPDATES:

City Manager Updates
City Manager Waterman had nothing to report.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

Linda Dash spoke about her disappointment at obtaining information from the City.

Jim Price expressed concerns over the Sam Joseph case, graffiti abatement, Measure V, and SB 1.

City Council Meeting Action Minutes for February 27, 2023 Page 9 Jeannie Knight expressed her appreciation for the City of Atwater staff and the City Council.

Gabe Santos expressed his gratitude for staff and their accomplishments.

Pastor Miller expressed his appreciation for City and staff.

No one else came forward to speak.

Mayor Nelson closed the public comment.

CITY COUNCIL REPORTS/UPDATES:

Adopting Resolution No. 3377-23 opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act
ACTION: Adopts Resolution No. 3377-22 opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

Mayor Nelson provided background information on this item.

Mayor Nelson asked if the City Council or public had any comments on this item.

No one came forward.

MOTION: City Council Member Cale moved to adopt Resolution No. 3377-22 opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act. The motion was seconded by City Council Member Button and the vote was: Ayes: Ambriz, Button, Cale, Nelson; Noes: None; Absent: Raymond.

The motion passed.

City Council comments
City Council Member Cale thanked the Public Works department and extended prayers to City Council Member Raymond and City Council Member Ambriz for the loss of their friend Barney Reyes.

City Council Member Button had nothing to report.

City Council Member Ambriz thanked all staff for their presentations and apologized to the Atwater Historical Society for having to step out during their presentation. He also sent his condolences to the family and friends of Barney Reyes.

Mayor Nelson announced that the City Council goal setting workshop has been set for April 7th and that he and City Manager Waterman are planning to have a town hall meeting at the end of May. He would also like to request a budget workshop for staff and the public.

City Council Meeting Action Minutes for February 27, 2023 Page 10 ADJOURNMENT:

Mayor Nelson adjourned the meeting at 8:02 PM.
________________________________

GISELA PERALTA

DEPUTY CITY CLERK

CITY OF ATWATER

CITIZENS' OVERSIGHT COMMITTEE
FOR

PUBLIC SAFETY TRANSACTIONS

AND USE TAX

ACTION MINUTES
December 6, 2022
REGULAR SESSION: (Council Chambers)
The City of Atwater Citizens' Oversight Committee for Public Safety Transactions and Use Tax met in Regular Session this date at
5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Chairperson Hyler presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Chairperson Hyler.

INVOCATION:

The invocation was led by Police Chaplain Steve Mead.

ROLL CALL:

Present:

Absent:

Staff Present:

Committee Members Brantley, Vice Chairperson Brice, Dash, Garner, Pirtle, Chairperson Hyler
Committee Member Castro
City Manager Waterman, Lieutenant Novetzke, CAL FIRE
Battalion Chief Ayuso, Deputy City Martin
SUBSEQUENT NEED ITEMS: None.

Citizens' Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for December 6 2022 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: Committee Member Dash moved to approve the agenda as posted. The motion was seconded by Committee Member Garner and the vote was: Ayes:

Brantley, Garner, Dash, Pirtle, Brice, Hyler; Noes: None; Absent: Castro. The motion passed.

MINUTES:

1. June 14, 2022 - Special meeting
MOTION: Committee Member Garner moved to approve the minutes as listed. The motion was seconded by Committee Member Dash and the vote was: Ayes: Garner, Pirtle, Dash, Brantley, Hyler; Noes: None; Abstain: Brice; Absent: Castro. The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

City Manager Waterman Update
City Manager Waterman thanked the Committee as well as the citizens regarding the passing of Measure B (Public Safety Transaction and Use Tax) Police Department Update (Lt. Novetzke)
Lt. Novetzke spoke regarding the Police Department's activities for the last quarter, regarding the training, staffing levels, and funding of the Police Department. He also spoke regarding updates to use of social media.

Committee Member Castro arrived at the dais at 5:47 PM.

Fire Department Update (CAL FIRE Battalion Chief Ayuso) CAL FIRE Battalion Chief Ayuso spoke regarding statistics and the total call volume for Station 41 and 42, grant opportunities for the Fire Department, staffing levels, the annual contract, and Fire Marshal inspections.

Financial Report (City Manager Waterman)
City Manager Waterman provided an update regarding the unaudited budget status report for the first quarter of Fiscal Year 2022-23 Public Safety Transactions and Use Tax Fund.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

Citizens' Oversight Committee for Public Safety Transactions and Use Tax Special Meeting Action Minutes for December 6 2022 Page 3 Mayor Elect Mike Nelson spoke and stated the questions that were being asked by the Oversight Committee were of great content. He thanked the Measure B committee for their hard work and the passing of the measure. He spoke regarding the EMS contract and the status of their ability to provide services.

No one else came forward to speak.

Chairperson Hyler closed the Public Comment.

COMMITTEE MATTERS:

Committee member comments
Committee Member Pirtle had nothing.

Committee Member Garner thanks the committee for the informative meetings and thankful for the time he has had on the committee and in the City of Atwater. He congratulated Mayor Elect Nelson.

Committee Member Dash questioned the timing of the meetings and when to make up meetings that have been cancelled due to lack of a quorum.

Committee Member Castro had nothing.

Vice Chairperson Brice thanked and congratulated Old Town Atwater regarding the Christmas parade. He also thanked the Fire Department for the Tri Tip Fundraiser for the Holiday Tor Drive. He wished everyone a Merry Christmas.

Committee Member Brantley spoke regarding the water tower and how amazing it looks with the new lighting. She wished everyone a Happy Holidays.

Chairperson Hyler thanked the committee and all the City Staff for all they have done and wished all a Merry Christmas and a Happy New Year.

ADJOURNMENT:

Chairperson Hyler adjourned the meeting at 6:38 PM.

APPROVED:

BY: Janell Martin
Oversight Recording Secretary

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 13, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director

PREPARED
BY:

Julia Coronado
SUBJECT: Approving and authorizing the annual Local Transportation Fund (LTF) Claim to be filed with Merced County Association of Governments (MCAG) for Fiscal Year 2022-23 and approving Budget Amendment No. 15 regarding Fiscal Year 2022-23 Local Transportation Fund (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adopts Resolution No. 3379-23, approving the annual Local Transportation Fund (LTF) Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2022-23; and authorizes and directs the City Manager to execute the Claim form on behalf of the City; and Adopts Resolution No. 3380-23, approving Budget Amendment No. 15 regarding FY 2022-23 Local Transportation Fund.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The City is eligible to submit an annual claim for disbursements of Local Transportation Funds (LTF). The Merced County Association of Governments (MCAG) is the administering agency for the allocation of these disbursements. Disbursements are made after eligible jurisdictions submit an authorizing resolution and claim form to MCAG.

ANALYSIS:

LTF funds are disbursed to eligible jurisdictions for non-transit uses such as maintenance of streets and roads in local communities. The MCAG Governing Board approved the Apportionment Schedule (EXHIBIT “A”) at its regular meeting of August 18, 2022. The apportionment schedule is calculated by population and percentage of transit level of service. Based upon this apportionment schedule, the City is eligible to receive $27,323 in LTF funding for Fiscal year 2022-2023.

Staff prepared the annual LTF Claim (attached as Exhibit A to Resolution 3379-23) and

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

Agenda Report - Page 2

identified a priority project to reconstruct and improve Fruitland Avenue as an alternative trade route for the City of Atwater. This will be Phase 3 of the Fruitland reconstruction project. Work includes the repavement and installation of sidewalk, curb, and gutters along Fruitland Avenue.

II. FISCAL IMPACTS:

By adopting this resolution and filing the claim form, the City will receive $27,323 in LTF funding for Fiscal Year 2022-2023. Upon approval of Budget Amendment No. 15, sufficient funding will be available in the FY 2022-23 Budget, Local Transportation (LTF), Fruitland Avenue Road Improvements Capital Project, Account No.1013-1080- M007 to fund the project as identified above.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been routed and reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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 adoption of Resolution 3379-23, the City Manager shall execute and file the LTF Claim form for Fiscal Year 2022/2023.

Submitted by:

Agenda Report - Page 3

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

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3379-23 Approving LTF Claim Submittal for FY 22-23

2. (Exhibit A)2022-08-18-02 Resolution approving LTF apportionment

3. BA No. 15 LTF 3-13-23

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3379-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER APPROVING AND AUTHORIZING THE ANNUAL

LOCAL TRANSPORTATION FUND (LTF) CLAIM TO BE

FILED WITH THE MERCED COUNTY ASSOCIATION OF
GOVERNMENTS (MCAG) FOR FISCAL YEAR 2022-23
WHEREAS, under the Transportation Development Act (TDA) of 1971, Local Transportation Fund (LTF) monies are available to cities for public transportation, construction and maintenance of local streets and roads, and for pedestrian or bicycle facilities under certain circumstances; and
WHEREAS, the City of Atwater (“City”) meets all requirements to qualify for said apportionment allocated through the Merced County Association of Governments (MCAG), as the designated local transportation and planning agency; and WHEREAS, the annual allocations of LTF monies to each jurisdiction have been calculated by population; and
WHEREAS, the City has LTF monies available to claim in the amount of $27,323 for Fiscal Year 2022-2023; and
WHEREAS, the City’s proposed expenditures of LTF monies are in conformity with the Regional Transportation Plan as prepared by MCAG; and
WHEREAS, the City has submitted a certified fiscal audit within 180 days after the end of the fiscal year, except where an extension (90-day maximum) was granted by MCAG.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve and authorize the filing of the annual LTF claim attached hereto as EXHIBIT A and incorporated herein for Fiscal Year 2022-2023 in the amount of $27,323.

Resolution No. 3379-23 Page 2
The foregoing resolution is hereby adopted this 13th day of March 2023.

AYES:

NOES:

ABSENT: APPROVED:
_____________________________

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

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3380-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 15 AMENDING 2022-23
FISCAL YEAR BUDGET REGARDING FY 2022-
2023 LOCAL TRANSPORTATION FUND
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3375-23 adopting the 2022-23 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. 15 to the 2022-2023 Fiscal Year Budget as follows:

SECTION 1: Increasing budget in Local Transportation Fund for Fiscal Year 2022-2023.

Establish Budget
(Revenue) 1013-0000-3145 Local Transportation $27,323
Establish Budget
(Expense) 1013-1080-M007 Fruitland Avenue Road
Improvements $27,323
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 March, 2023.

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

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

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 13, 2023
TO: Mayor and City Council
FROM: Justin Vinson

PREPARED
BY:

Justin Vinson
SUBJECT: Approving a Purchase Order (Purchase Agreement) with Aqueous Vets for GAC Exchange at Well 19 (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approves a Purchase Agreement (Purchase Order), in a form approved by the City Attorney, to Aqueous Vets of Danville, California for GAC Exchange at Well 19, in an amount not to exceed $44,825; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City.

I. BACKGROUND/ANALYSIS:

In July of 2021, Well 19 Treatment site was put online and started treating 1,2,3- Trichloropropane (TCP). The TCP is treated by granulated activated carbon (GAC) vessels installed at the treatment site that removes the TCP from the water before it is delivered to the residents. There are 6 GAC vessels located at the Well 19 Treatment Site. The vessels are configured as three sets of lead-lag vessels. The water flows through the lead vessel first, and then flows through the lag vessel afterwards. This allows for the continued treatment of TCP after the life of the carbon in the lead vessel is no longer removing TCP from the water.

Per the City's State-Approved TCP Operations Plan, to maximize the life of the carbon, the city may decide to replace the carbon in the lead vessel of a series pair once the carbon in the lead vessel is no longer removing the TCP from the water. The City can track this by sampling the water as it passes through the vessels. Two of the three lead vessels had a GAC exchange approved at the January 9, 2023 Council Meeting.

The final lead vessel is no longer removing TCP from the water and is in need of a carbon changeout. The scope of work consists of removing spent media from the vessel, placement of spent media in either bulk bags or a disposal container, inspection of the vessel interior performed by viewing from the outside manway opening, and rebedding with replacement media.

Three (3) bids were received and were totaled and reviewed for their responsiveness.

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

Agenda Report - Page 2

The Bid Summary (Exhibit A) shows the lowest bid coming in at $44,825. Staff reviewed the bid submitted by Aqueousus Vets of Danville, California for $44,825 and has determined it is a responsive and acceptable bid.

II. FISCAL IMPACTS:

Sufficient funding is available in the Fiscal Year 2022-23 Budget, 1,2,3-TCP Fund, Professional Services Account No. 6007.7010.3030. Per the City of Atwater Purchasing System Manual, the informal bidding process is allowed for Public Works Projects valued at $200,000 or less.

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 goals number one (1) and two (2) of the City's Strategic Plan; to ensure the City's continued financial stability and to improve public safety, respectively.

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

The proposed project involves the operation, maintenance, leasing, licensing, or minor alteration of existing public facilities. This proposed action qualifies under Class 1 Categorical Exemptions Section 15301 of the State CEQA guidelines.

IX. STEPS FOLLOWING APPROVAL:

Upon approval by the City Council, the Purchase Requisition will be sent to the Finance Department and then a Purchase Order will be generated.

Submitted by:

Agenda Report - Page 3

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Bid Summary

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 13, 2023
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief

PREPARED
BY:

Robert Ayuso, Battalion Chief
SUBJECT: Approving Assistance By Hire (ABH) Agreement (CAL Fire Battalion Chief Ayuso)

RECOMMENDED COUNCIL ACTION
Approves the Assistance By Hire Agreement (ABH), in a form approved by the City Attorney, with CAL FIRE Madera-Mariposa-Merced Unit; and authorizes and directs the City Manager, or their designee, to execute any and all documents related to the Assistance By Hire Agreement.

I. BACKGROUND/ANALYSIS:

Periodically, Atwater City Fire Department provides staffing and apparatus resources in response to incidents in the State Responsibility Area (SRA), for which the County is reimbursed based on established California Fire Assistance Agreement rates, referred to as Assistance by Hire (ABH). In order to formalize the requirements, procedures, and reimbursement rates, the CAL FIRE Madera-Mariposa-Merced Unit (MMU) desires to have local agreements in place that provide for Assistance by Hire (ABH) utilization of local government firefighting resources to augment CAL FIRE resources in support of the State’s mission. The City will receive reimbursement for utilization of resources in accordance with the terms and conditions of this agreement. This agreement is for a three-year period, effective January 1, 2023, with the reimbursement rates established by Cal OES, which are updated on an annual basis.

The Department requests the City enter into the Agreement with CAL FIRE, that will provide Assistance by Hire (ABH) utilization of local government firefighting resources to augment CAL FIRE resources in support of the State’s mission when the need arises. It is also requested that the Atwater City Fire Battalion Chief, City Manager or their designee be authorized to approve and sign reimbursement requests associated with the response of City apparatus and personnel.

II. FISCAL IMPACTS:

This agreement established reimbursement rates for the City resources responding to support the CAL FIRE mission.

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

Agenda Report - Page 2

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

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

Submitted by: /s/ Bobby Ayuso, CAL FIRE Battalion Chief Approved by:

Lori Waterman, City Manager
Attachments:

1. 2023 Atwater City - CAL FIRE ABH Agreement

1 CAL FIRE
Madera- Mariposa Merced Unit
2023 Local Government
Assistance by Hire Agreement
DocuSign Envelope ID: F0F90AE2-CB02-45E5-B0DB-532A15E4B3F8

Madera-Mariposa-Merced Unit
2023 Local Government Assistance By Hire Agreement – Atwater City 1 Purpose
The Madera-Mariposa-Merced Unit (MM) desires to have local agreements that provide for Assistance by Hire (ABH) utilization of local government firefighting resources to augment CAL FIRE resources in support of the State's mission within the State Responsibility Areas (SRA) of MMU when the need arises.

To provide direction to CAL FIRE Incident Commanders and local government cooperating agencies within and adjacent to MMU in regards to the appropriate utilization of local government firefighting resources for State mission purposes on CAL FIRE controlled incidents; and the terms under which they will or will not be reimbursed.

Parties to this agreement agree that local government firefighting resources have commonly understood and/or mandated local responsibilities within their jurisdiction that may have concurrent, overlapping and/or adjacent State and local initial attack resource response to what may be a CAL FIRE controlled incident.

Per this agreement during these incidents local government resources will only be reimbursed by CAL FIRE if they meet the terms of this agreement and are assigned by the CAL FIRE Incident Commander to support State mission.

MMU Local Government ABH Reimbursement "Time Threshold" Reimbursement
Reimbursement for local government resources under this agreement, when assigned to State mission, will begin January 1, 2020, two (2) hours after initial response and be retroactive back to the time of initial response of the individual resource assigned to the primary task of wildland suppression.

When CAL FIRE hires local government resources for station coverage the local government entity will be reimbursed from the time they are staffed until they are released from the station coverage assignment.

Water Tenders that respond on the Initial Dispatch would be compensated after being assigned to an incident two (2) hours after initial response and be retroactive back to the time of initial response of the individual resource.

Non-Reimbursement
CAL FIRE cannot reimburse for apparatus that has been assigned under the Federal or State Excess Property Programs. This apparatus is "on loan" and remain the property of the lending level of government.

CAL FIRE cannot reimburse for resources assigned to local government fire departments by Cal OES.

DocuSign Envelope ID: F0F90AE2-CB02-45E5-B0DB-532A15E4B3F8

Madera-Mariposa-Merced Unit
2023 Local Government Assistance By Hire Agreement – Atwater City 2 MMU Local Government ABH Agreement Procedures
Agreement Renewal
Agreements and Rates shall be renewed every three years on January 1. Updates and/or edits can be initiated annually as needed between January 1 and March 31.

Establishing Rates
The MMU Local ABH reimbursement rates for both equipment and personnel shall be based on those effective in the most current Cal OES Salary Survey letter posted by OES. All specialized equipment shall be listed below, identifying the vehicle/equipment and cost per hour/day.

CalOES Link:
https://www.caloes.ca.gov/wp-content/uploads/FireRescue/Documents/Rate_Letter_Effective_May_1_2022.pdf Other Equipment:

Dual fill station mobile air trailer – 16’ Diesel Powered Mako SCBA Trailer with Light, 15.3 Horse Power (Lister Petter Alpha Series), 14.0 CFM Compressor @ 6000psi Rate: $50.00 per day
MMU ABH Agreement
The local government agency to provide ABH will verify the engine and water tender gallon per minute pump capacity rating (GPM) so the hourly rate for each may be calculated and entered on the MMU ABH Agreement Form. CAL FIRE reserves the right to have the local government agency bring the resource to a state facility to have it pump tested.

Both the MMU Unit Chief and the local government agency representative will sign the agreement. A copy will go to the MMU ABH Coordinator and the MMU Assistant Chief – Administration.

It is the responsibility of the local government agency desiring to provide ABH to read and ensure compliance with all provisions of this agreement.

MMU Local Government ABH Payment Procedures
Time Keeping
It will be the responsibility of the Incident Commander or designee to assure the appropriate timekeeping forms for all apparatus and personnel are completed.

The only acceptable timekeeping documentation is the Form FC33. See attached.

DocuSign Envelope ID: F0F90AE2-CB02-45E5-B0DB-532A15E4B3F8

Madera-Mariposa-Merced Unit
2023 Local Government Assistance By Hire Agreement – Atwater City 3 The CAL FIRE MMU ABH Coordinator will be responsible for compiling, auditing, and processing all timekeeping and payment documentation in a timely manner.

Payment Documents
A CAL FIRE-93 will be used to pay the local government agency providing ABH. It will have as attachments a copy of the FC-33, and a completed CAL FIRE-20. In addition, a CAL FIRE ME15 and ME-107 may also be attached. See Sample Pay Documents Package.

MMU Local Government ABH Apparatus
Apparatus Condition
Apparatus must be in good mechanical condition and can sustain arduous duty assignments CAL FIRE reserves the right to perform safety compliance inspections of local government apparatus prior to acceptance of apparatus to be hired under this agreement.

Apparatus Liability
CAL FIRE assumes no liability for any damages to any local government equipment. No local government official or fire department may obligate the State to financial liability.

Apparatus Repairs
Minor damage caused by the incident or operating conditions may be reimbursed by CAL FIRE and documented on a CAL FIRE ME-107 form. Major damage will be addressed through the California Victim Compensation and Government Claims Board procedures. Driver negligent damage to the apparatus is the responsibility of the local government agency providing the ABH Any inspection will be documented on a CAL FIRE ME-15 form.

CAL FIRE must be notified of any damage to local government apparatus hired under this agreement prior to release from the incident.

Unstaffed versus Staffed ABH Guidelines
Unstaffed
When local government owned apparatus is hired unstaffed, the apparatus will be staffed by CAL FIRE personnel to meet CAL FIRE operational needs. When hired unstaffed, local government fire apparatus is considered to be a State resource. Apparatus will not be limited to the original locality of hire and will be available for statewide response as needed.

DocuSign Envelope ID: F0F90AE2-CB02-45E5-B0DB-532A15E4B3F8

Madera-Mariposa-Merced Unit
2023 Local Government Assistance By Hire Agreement – Atwater City 4 When hired unstaffed, the State furnishes fuel, oil and lube at no cost to the local government agency. Mechanic services and/or parts are chargeable back to the local government agency when routine wear and tear repairs are necessary. In the event of accident or mechanical breakdown to the apparatus, CAL FIRE will repair apparatus to condition at initial time of hire.

Engines hired unstaffed should be equipped with Self Contained Breathing Apparatus (SCBA) of the current CAL FIRE specification prior to being placed in service. Utilizing the SCBA under the current CAL FIRE specification will allow for CAL FIRE personnel to maintain compliance under Federal OSHA 29CFR1910.134.

Staffed
When apparatus is hired staffed, the apparatus with personnel is hired to assist CAL FIRE based on operational need. The crew must be trained as outlined in the training section of this policy and adhere to CAL FIRE staffing levels required for response at all times. As with apparatus hired unstaffed, local government fire apparatus and personnel hired staffed is considered to be a State resource. Apparatus and personnel will not be limited to the original locality of hire and will be available for statewide response as needed. Engines will be staffed

2.0. 3.0 or 4.0 based on type. Water Tenders will be staffed 1.0 or 2.0. At no time, will CAL FIRE pay for 2 operators to staff the Water Tender at the same time. One operator should be off shift resting away from the Water Tender.

When hired staffed, the local government agency providing ABH retains responsibility for fuel, oil and lube until such time as this agreement is replaced by another, such as the CFAA and/or the resource continues to be committed into the second operational period.

Mechanic services and/or parts are chargeable back to the local government agency if and when routine wear and tear repairs are necessary.

On apparatus hired staffed, personnel shall have all mandated wildland and structural personal protective clothing (PPE) while under hire. A second set of wildland clothing (PPE) is recommended.

Consumables & Damaged and/or Destroyed Supplies
If local government owned supplies are damaged and/or destroyed through no fault of local government and verified by a CAL FIRE line supervisor, CAL FIRE may replace it with like kind.

Consumables, such as highway flares, rations, drinking water, batteries, fuel, fuel mix, lubricants and firefighting foam utilized under CAL FIRE direction will be replaced by CAL FIRE.

All items consumed, damaged and/or destroyed under hire shall be documented on appropriate forms to be approved by an authorized CAL FIRE representative. These forms include:

Incident Replacement Requisition (FC-315) and Property Certification of Location or Damage (CAL FIRE-101). See attached Sample Replacement Forms package.

DocuSign Envelope ID: F0F90AE2-CB02-45E5-B0DB-532A15E4B3F8

Madera-Mariposa-Merced Unit
2023 Local Government Assistance By Hire Agreement – Atwater City 5 CAL FIRE shall be notified of any used consumables and/or damaged and/or destroyed equipment and local government agencies hired under this agreement must obtain an approved FC-315 signed by the IC or appropriate designee prior to release from the incident.

Local government agencies providing ABH and claiming replacement of incident consumables and/or damaged and/or destroyed equipment have no more than twenty calendar (20) days from the date of the incident to provide all required and appropriately completed and signed documentation to the MMU Service Center to effect replacement. *** Fuel, refer to page 4 Staffed second paragraph***
Communications
It is the responsibility of the local government agency providing ABH to ensure the apparatus has adequate communications capability. Personnel and apparatus, which cannot adequately and effectively communicate with other resources on the incident will be released and not paid.

All radios will be Narrow band capable & programmable with current CAL FIRE radio frequency load; CAL FIRE ECC can assist if needed.

MMU Local Government ABH Personnel Standards
Training
Agencies providing ABH under this agreement shall ensure all personnel be qualified for their respective position including the appropriate level per Wildland Fire Qualification NWCG 310-1 Sub System Guide or the California Incident Command Certification System (CICCS). All apparatus driver/operators shall have the appropriate driver's license for the apparatus being operated.

It will be the responsibility of the local government agency providing ABH to maintain all records of the above required training, certification and/or licensing and provide copies of certifications and training upon request.

Respiratory Protection Standards
All local government personnel providing ABH shall fully meet CAL OSHA Title 8 Section 5144.

Additionally, all local government personnel providing ABH shall be fully compliant with the Federal OSHA 29CFR1910.134 Respiratory Protection (fit test) Standard within the past year.

Local Government Personnel Feeding
Local government agency personnel providing ABH assigned to a "going" incident shall be provided meals by CAL FIRE at no cost to local government personnel.

DocuSign Envelope ID: F0F90AE2-CB02-45E5-B0DB-532A15E4B3F8

Madera-Mariposa-Merced Unit
2023 Local Government Assistance By Hire Agreement – Atwater City 6 Local government personnel on apparatus under hire assigned to station coverage of a MMU CAL FIRE station may obtain meals at the CAL FIRE facility being covered at no cost to the local government personnel. These meals shall be documented on the CAL FIRE "Fireline Meal Sheet" available at the station being covered with names, dates and incident numbers as required.

Restaurant feeding for local government resources providing AB under this agreement shall only be authorized by either the Incident Commander if assigned to an incident or the MMU Duty Chief (or designee) if assigned to station coverage.

MMU Local Government ABH Apparatus Staffing Standards
Engine Staffing Levels
Fire engine staffing in this agreement shall meet the minimum standards as follows:

Type I engines shall have a minimum of (3) person staffing to include one (1) Company Officer/Engine Boss and two (2) Firefighters.

Type Il engines shall have three (3) person staffing to include one (1) Company Officer/Engine Boss and two (2) Firefighters.

Type III Engines shall have three (3) person staffing to include one (1) Company Officer/Engine Boss and two (2) Firefighters.

Type VI Engines shall have two (2) person staffing to include one (1) Company Officer/Engine Boss and one (1) Firefighter.

There will be only one (1) Company Officer/Engine Boss compensated per apparatus, regardless of their rank in local government department.

Water Tender Staffing Levels
Staffing for initial attack water tenders shall typically be one (1) Apparatus Operator. Twelve (12) hour "planned need" staffing shall typically be one (1) Apparatus Operator per twelve (12) hour operational shift. In addition to the Apparatus Operator, water tender staffing for both initial attack and "planned need" can include one (1) Firefighter.

For extended operations exceeding sixteen (16) hours and/or planned need twenty-four (24) hour operational shift assignments, a Relief Operator and Firefighter are required.

DocuSign Envelope ID: F0F90AE2-CB02-45E5-B0DB-532A15E4B3F8

Madera-Mariposa-Merced Unit
2023 Local Government Assistance By Hire Agreement – Atwater City 7 Logistical Support Personnel
Staffing shall be one (1) Firefighter with a shift not to exceed sixteen (16) hours. For extended operations exceeding sixteen (16) hours, a Relief Firefighter is required.

Trained firefighters with full PPE will be required due to potential for line assignments. Duties may include, but not be limited to, fireline delivery of food, drinks, ice and supplies.

The 2023 Madera-Mariposa-Merced Unit Local Government Assistance by Hire Agreement with attachments has been approved and authorized by the individuals found on the accompanying signatory page. See attached.

Attachments

1. Current Cal OES CFAA Rate Letter

2. Sample FC-315,

3. Sample CAL FIRE-93

4. Sample CAL FIRE-20

5. Sample CAL FIRE ME-15

6. Sample CAL FIRE ME-107

7. Sample Fireline Meal Sheet
The 2023 Madera-Mariposa-Merced Unit Local Government Assistance by Hire Agreement with attachments has been approved and authorized by the following:

Department Chief or Authorized Agent's
Signature
Date Print Name and Title
CAL FIRE Signature Date Print Name and Title
Mike van Loben Sels, Unit Chief
DocuSign Envelope ID: F0F90AE2-CB02-45E5-B0DB-532A15E4B3F8 3/2/2023

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 13, 2023
TO: Mayor and City Council
FROM: Delilah Youmara, Finance Director

PREPARED
BY:

Delilah Youmara, Finance Director
SUBJECT: Approving Third Amendment to the Professional Services Agreement to MuniServices, LLC of Centreville, Virginia for Consultant Services for Sales and Use Tax Audit & Report Services. (Finance Director Youmara)

RECOMMENDED COUNCIL ACTION
Approves Third Amendment to Professional Services Agreement, in a form approved by the City Attorney, to MuniServices, LLC of Centreville, Virginia to comply with state of California Department of Tax and Fee Administration requirements authorizing MuniServices, LLC to examine transactions tax, sales tax and use tax records of the City of Atwater, including but not limited to the transactions and use tax that becomes effective on or about April 1, 2023 known as the Measure B Transactions and Use Tax; and directs the City Manager, or her designee, to execute the Third Amendment on behalf of the City.

I. BACKGROUND/ANALYSIS:

On August 11, 1997, the City of Atwater entered into a Professional Services Agreement with MuniSerives, LLC (“MuniServies”) to to perform, among other things, Sales and Use Tax Audit & Reporting Services.

On or about December 23, 2013, the City and MuniServices executed a letter agreement memorializing the agreement to include Local Tax Compliance Services.

On May 27, 2014, the City and MuniServices executed Amendment No. 2 to include District Tax Services.

In November 2022, the Measure B Transaction and Use Tax was passed by the City of Atwater, which will be effective on or about April 1, 2023 (“District Tax”).

On December 12, 2022, City Council adopted Resolution No. 3360-22, attached as

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

Agenda Report - Page 2

Exhibit A to this Third Amendment, authorizing examination of sales or transaction and use tax records and designating MuniServices, LLC to examine the sales or transactions and use tax records of the California Department of Tax and Fee Administration.

The City of Atwater has utilized MuniSevices, LLC since 1997 to provide sales tax information and sales tax audit services. Muni Services provides quarterly updates on sales tax activity and sales tax revenue forecasts in addition to auditing sales tax receipts to ensure the City is receiving all sales tax revenue to which it is entitled to.

ANALYSIS:

The approval of the Third Amendment to the MuniServices Professional Service Agreement for Sales and Use Tax Audit and Report Services, will allow the City to comply with the state of California Department of Tax and Fee Administration and satisfy the requirements of section 7056.

The California Department of Tax and Fee Administration has taken the position that general references to “sales and use tax” in an agreement that authorizes access to tax records held by the Authority are insufficient to allow access to information relating the collection of the District Tax by the Agency. To comply with this requirement, the amendment specifically refers to the District Tax, Measure B.

In addition, section 7056 of the California Revenue and Taxation Code imposes conditions on the access to information related to the collection of sales, transaction, and use tax by the Agency. To satisfy the requirement of section 7056, Section 7 Confidentiality is amended regarding Access to Transactions Tax, Sales Tax, and Use Tax.

II. FISCAL IMPACTS:

Sufficient funding for this service is available in the Fiscal Year 2022-23 Budget General Fund, Finance Department, Professional Services expense, account Number 0001- 1015-3030.

The cost of this service has remained the same as MuniSevices is currently providing this service for the existing Measure H district tax as well. Currently, for all sales tax reporting the cost is $2,000 a year. The fee on any audit services where MuniServices finds sales tax revenue that is due to the City, is 25% of that revenue produced from the audit service.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

Agenda Report - Page 3

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City of Atwater's 2020-2025 Strategic Plan: to ensure the City's continued financial stability.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is not 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 become a focus as a result of this item were subject to environmental analysis on a case-by-case basis.

IX. STEPS FOLLOWING APPROVAL:

Following the City Council's approval of the Third Amendment to MuniServices Professional Service Agreement, staff will work with the City Manager and/or her designee to execute the amendment.

Submitted by:

Delilah Youmara, Finance Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. CA - City of Atwater AMD 03 - Final Draft 02.2.23 (2)-c1

2. Exhibit A - 3360-22 Authorizes Examination of Sales or Transactions and Use Tax Records

1 AMENDMENT 3 TO CONTRACT BETWEEN

CITY OF ATWATER AND MUNISERVICES, LLC
THIS CONTRACT AMENDMENT No. 3 (“Amendment No. 3”) is entered into between City of Atwater (“City”) and MuniServices, LLC (“MuniServices”), (collectively the “Parties”).

The City and MuniServices agree as follows:

WHEREAS, the City and MuniServices, entered into a Consulting Services Agreement on or about August 11, 1997, (hereinafter “Agreement”) to perform, among other things, Sales and Use Tax Audit & Report Services.

WHEREAS, the City and MuniServices, executed a letter agreement on or about December 23, 2013 memorializing the Agreement to include Local Tax Compliance Services.

WHEREAS, the City and MuniServices, executed Amendment no. 2 on or about May 27, 2014 to include District Tax Services.

WHEREAS, on or about November 2022, the Measure B Transaction and Use Tax was passed by the City of Atwater, which will be effective on or about April 1, 2023 (“District Tax”); WHEREAS, the California Department of Tax and Fee Administration (collectively, or in the alternative, the “Agency” formerly known as, the State Board of Equalization) has taken the position that general references to “sales and use tax” in an agreement that authorizes access to tax records held by the Authority are insufficient to allow access to information relating the collection of the District Tax by the Agency;
WHEREAS, the City and MuniServices, without conceding the correctness of the Agency’s interpretation, deem it prudent to comply with the interpretation by amending the Agreement to specifically refer to the District Tax; and WHEREAS, section 7056 of the California Revenue and Taxation Code imposes conditions on the access to information related to the collection of sales, transaction, and use tax by the Agency.

NOW THEREFORE, in consideration of the promises and mutual covenants contained herein and to satisfy the requirements of section 7056, the parties hereby amend the Agreement as follows:

1. Section 7 CONFIDENTIALITY of the Agreement is hereby amended to comply with state California Department of Tax and Fee Administration requirements to include the following:

Access to Transactions Tax, Sales Tax, and Use Tax Records “MuniServices qualifies under Section 7056 of the Revenue and Taxation Code to review (Bradley-Burns) confidential taxpayer information and documentation before the State Board of Equalization (“BOE”) or its successor agency, the Department of Tax and Fee Administration (collectively, or in the alternative, the “Agency”). MuniServices is hereby authorized by this Agreement to examine

2 transactions tax, sales tax and use tax records of the Agency, including but not limited to the transactions and use tax that becomes effective on or about April 1, 2023 known as the Measure B Transaction and Use Tax pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the City.

MuniServices is required to disclose information contained in, or derived from, those transactions, sales and use tax records only to an officer or employee of the City who is authorized by resolution or designated by the City Manager to examine the information.

MuniServices is prohibited from performing consulting services for a retailer during the term of this Agreement.

MuniServices is prohibited from retaining the information contained in, or derived from, those transactions, sales and use tax records, after this Agreement has expired.”

2. The City and MuniServices agree that although the scope of work generically refers to “sales and use tax” those references are meant to include “sales, transactions, and use tax” as part of the scope of work, including but not limited to any transactions and use taxes adopted after the effective date of the Agreement.

3. The Parties agree that the Agreement is applicable to all Sales, Transactions and Use Tax Ordinances currently enacted in the City and which may become enacted while the Agreement is in effect.

4. The Parties agree that Resolution No. 3360-22 attached hereto as Exhibit A to this Amendment No. 3 was passed and adopted by the City Council of the City of Atwater on or about 12th Dec. 2022.

5. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect.

6. In case of a conflict between the terms of this Amendment No. 3 and the terms of the Contract, the terms of this Amendment shall strictly prevail.

IN WITNESS WHEREOF, the Parties have caused this Amendment No. 3 to be executed by their duly authorized representatives as of the date set forth below.

SIGNATURE PAGE TO FOLLOW

3 DATED: , 2023

CITY OF ATWATER MUNISERVICES, LLC
By:

Name:

Title: _________________________
By:

Carl Kumpf

CHIEF FINANCIAL OFFICER

APPROVED AS TO FORM
___________________________________
City Attorney

-4-

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3360-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AUTHORIZING

EXAMINATION OF SALES OR TRANSACTIONS

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

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

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

Resolution No. 3360-22 Page 2
Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to that contract, and for the purposes related to the following governmental functions of the District:
(a) Budget Planning,
(b) Economic Development
Section 3. That MuniSevices, LLC is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribution of sales or transactions and use taxes that was filed by MuniSevices, LLC on behalf of the District pursuant to the contract between the MuniSevices, LLC and District. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the District and MuniSevices, LLC:
a) has an existing contract with the District to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to the contract between the District and the Department and for those purposes relating to the governmental functions of the District listed in section 2 of this resolution.

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

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

Resolution No. 3360-22 Page 3
ATTEST:

I, Kory J. Billings, City Clerk of the City of Atwater, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the Board of the District, City of Atwater at a regular meeting of said Board held on the 12th day of December, 2022, by the following roll-call vote:

AYES:

NOES:

ABSENT:

Cale, Ambriz, Raymond, Button, Creighton
None
None

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 13, 2023
TO: Mayor and City Council
FROM: Delilah Youmara, Finance Director

PREPARED
BY:

Delilah Youmara, Finance Director
SUBJECT: Approving First Amendment to the Professional Services Agreement to HdL Companies of Brea, California for Consultant Services for Cannabis Monitoring and Compliance
Services (Finance Director Youmara)

RECOMMENDED COUNCIL ACTION
Approves the First Amendment to the Professional Services Agreement, in a form approved by the City Attorney, to HdL Companies of Brea, California for Consultant Services to extend the term and increase the compensation for Cannabis Monitoring and Compliance Services; and authorize and direct the City Manager, or her designee, to execute the First Amendment on behalf of the City.

I. BACKGROUND/ANALYSIS:

On October 11, 2019, a Request for Proposals was initiated to provide Cannabis monitoring and compliance services. The service included providing a monthly noticing and reporting system for collection of the Cannabis Public Benefit and providing semiannual financial audits and on-site compliance inspections of each cannabis business to ensure compliance. The filing deadline closed on October 25, 2019. Four proposals were received at that time.

City staff chose to postpone the services to allocate appropriate funds within the budget and to accumulate more cannabis businesses. For the Fiscal Year of 20/21, funds for cannabis monitoring and compliance were included within the budget. At the same time, more cannabis businesses began to open within the City and seek the proper entitlements.

Early in 2021, staff reached out to the four companies that submitted proposals and asked for updated proposals with new estimates. Two updated proposals were received: HdL Companies and SCI Consulting Group.

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

Agenda Report - Page 2

On January 10, 2022, the City Council awarded a one year Professional Services Agreement to the consulting firm HdL Companies for cannabis monitoring and compliance services, not to exceed $78,150, to assist with the following services:
• Administration of monthly public benefit fees
• Annual revenue audits
• Conduct two (2) annual compliance inspections
• Up to twenty (20) hours of technical assistance
• Optional use of Background Checks service
Since awarding this agreement, HdL Companies has only been used for one of the two annual inspections for Cannabis business. Working on adoption of the permanent cannabis regulatory program and setting specific tax rates was in process took priority in the meantime.

On December 12, 2022, City Council adopted Resolution No. 3356-22 setting 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.

On January 9, 2023, City Council adopted 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 migrating the pilot program into a permanent Cannabis business program.

On February 13, 2023 City Council adopted Resolution No. 3369-23 approving procedure guidelines and review criteria for evaluating cannabis regulatory permit applications.

Now that the new Cannabis Regulatory Program and Cannabis Tax Rates have been established, City staff is requesting to use HdL Companies’ consulting services to ensure active cannabis businesses remain in compliance.

ANALYSIS:

City staff has worked with HdL Companies on the annual inspections, and they have provided excellent service and communication with the City and the cannabis businesses. Since the term of the agreement has passed, the first amendment to the Professional Service Agreement is extending the term of the contract from January 10, 2022 to January 10, 2026 and increasing the cost of services from not to exceed $78,150 to not to exceed $110,800. The recent quote still assumes 7 active businesses.

The increase is due to HdL Companies re-evaluating their fees as they were operating

Agenda Report - Page 3

at a loss with their previous rates. In addition, HdL Companies has increased their technical assistance and subject matter expertise hours from 20 to 40 hours.

To date, there are currently five cannabis businesses operating within the City. There are two more cannabis businesses that have received their conditional use permits and entered into Development Agreements and are working towards opening up for business this calendar year.

Staff have continued to struggle to accommodate the time required to ensure compliance and to monitor the active cannabis businesses. Ensuring businesses are promptly making the correct public benefit payments and future cannabis tax payments, complying with all aspects of their conditional use permits, as well as complying with the newly adopted Cannabis Regulatory Program is a time-intensive and onerous process, and only stands to get more time-intensive as more cannabis businesses come online this year. The Cannabis Monitoring and Compliance services would assist staff in ensuring the Cannabis businesses within the City of Atwater continue to remain in compliance.

II. FISCAL IMPACTS:

Sufficient funding for this service is available in the Fiscal Year 2022-23 Budget General Fund, Commercial Cannabis Projects, Professional Services expense, account Number 0001-4003-3030, to cover the remaining four months of the fiscal year.

The cost of monitoring and compliance services for cannabis businesses will be recouped through the annual Cannabis Regulatory Permit fee paid by each cannabis business. The Miscellaneous Fee Schedule is also being amended to reflect these fees.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City of Atwater's 2020-2025 Strategic Plan: to ensure the City's continued financial stability.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

Agenda Report - Page 4

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 become a focus as a result of this item were subject to environmental analysis on a case-by-case basis.

IX. STEPS FOLLOWING APPROVAL:

Following the City Council's approval for award, staff will work with the City Manager and/or her designee to execute the first amendment to the professional services agreement.

Submitted by:

Delilah Youmara, Finance Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. HdL Companies 1-10-23 Amendment No. 1 to Professional Services Agreement Cannabis Monitoring and Compliance Services

2. City of Atwater_Updated Fee Schedule_2023-01-31

Amendment No. 1 to Professional Services Agreement between January 10, 2023 City of Atwater and Hinderliter de Llamas & Associates Page 1 of 2 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ATWATER AND HINDERLITER DE LLAMAS AND

ASSOCIATES
This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”) by and between the City of Atwater (“City”) and Hinderliter de Llamas and Associates, a California Corporation, (“Professional”) is entered into on January 10, 2023. City and Professional are hereinafter collectively referred to as the “Parties”.

RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement dated January 10, 2022 (“Original Agreement”) for the purpose of providing Cannabis Monitoring and Compliance services with a term ending January 10, 2023 (the “Project”); and
WHEREAS, the Parties desire to amend the Original Agreement for the purpose of extending the end date of the Original Agreement under Section 1.1, “Term of Services,” as set forth below, and increasing the compensation due to Professional under the Agreement; and
NOW, THEREFORE, as of the Effective Date of this Amendment No. 1, the Original Agreement is hereby amended as follows:

1. The Parties hereby agree to amend Section 1.1 of the Original Agreement, “Term of Services,” by modifying the end date from January 10, 2023 to January 10, 2026, as follows

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on January 10, 2026, 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
.

2. The Parties hereby agree to amend the first paragraph of Section 2.0 of the Original Agreement, “Compensation,” by increasing the not to exceed compensation in the amount, from $78,150 per year, to $110,800 a year, as follows:

2.0 Compensation. City hereby agrees to pay Professional a sum not to exceed $110,800 per year, 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 conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit A, the Agreement shall prevail. City shall pay professional for services

Amendment No. 1 to Professional Services Agreement between January 10, 2023 City of Atwater and Hinderliter de Llamas & Associates Page 2 of 2 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.

3. Unless otherwise changed by this Amendment No. 1, the Original Agreement shall remain in full force and effect.

4. This Amendment No. 1 may be executed in counterparts, each of which to be deemed an original, but all of which shall constitute the same Amendment No. 1.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 on the day and year first above written.

CITY OF ATWATER CONSULTANT
____________________________ ________________________________ Lori Waterman Andrew Nickerson, President
City Manager HdL Companies
Attest:
____________________________
Kory Billings
City Clerk
Approved as to form:
____________________________
Frank Splendorio
City Attorney

City of
Atwater
Cannabis Management Services
Updated Fee Schedule
January 31, 2023

SUBMITTED BY
HdL Companies
120 S. State College Blvd., Ste200
Brea, CA 92821
hdlcompanies.com

CONTACT
Ajay Kolluri
T: 714.879.5000
E: [email protected]

1 Proposal for Cannabis Management Services
for the City of Atwater January 31, 2023
I. COST
The proposed services are broken down into specific line items in the cost table below. This cost does not include any follow-up re-inspection or review of any supplemental documents provided to address or contest any findings of non-compliance, nor does it include any assistance with the appeal of any enforcement action by the City. Any change in the total number of separate business entities may result in an increase to the not-to-exceed figure of this proposal and any ensuing service agreement. Any additional services would be billed at HdL’s hourly rate, or at a an agreed-upon rate in consultation with the City.

Prices are valid for 90 days from the date of this proposal to allow time for consideration and negotiating a service agreement. Once under contract, prices shall be honored for the first full year, with successive years subject to an annual increase based upon the Consumer Price Index for the Los Angeles-Long Beach-Anaheim region.

Scope of Service Objectives   Estimated
Cost
Objective 1: Administration of Monthly Cannabis Tax Payments Excludes initial setup cost, which will be billed under Objective 5: Technical Assistance
$800
per business
per year
Objective 2: Annual Revenue Audits
Assumes standard 12‐month review period
$10,000
per audit
Objective 3: Compliance Inspections
2 inspections per business per year @ $2,000 each
$4,000
per business
Objective 4: Supplemental Background Checks
Cost paid directly to HdL by applicant
No charge
to City
Objective 5: Technical Assistance and Subject Matter Expertise Assumes up to 40 hours at $300/hr
$12,0001
Travel (if and as needed for meeting attendance) Hourly Rate2 TOTAL NOT TO EXCEED $110,8003
1Objective billed at hourly rate 2Or at a flat rate to be determined in consultation with the City 3 Assumes 7 businesses subject to Objectives 1, 2 and 3 All City costs may be fully recoverable from applicants or permittees Conflicts of Interest and Non-Disclosure
HdL Companies works for the benefit of public agencies and has no private-sector clients in the cannabis industry. All cannabis business information will be kept confidential by HdL and will not be shared internally beyond those HdL employees who are required to have access for purposes of conducting the work contemplated herein, or for administrative purposes as necessary.

2 Proposal for Cannabis Management Services
for the City of Atwater January 31, 2023
II. OPTIONAL SERVICES
Hourly Rates for HdL Staff
The prices in this proposal are based on the hourly rates for HdL staff as shown in the chart below. Any additional services requested by the client that are not specifically described in this proposal would be billed at the standard rate for the assigned staff person.

HdL Staff Person Title Hourly Rate
Ajay Kolluri Director $300
Matt Eaton Deputy Director of Compliance $300
Mark Lovelace Senior Policy Advisor $300
Elizabeth Eumurian Audit Supervisor $300
David Ross Senior Compliance Inspector $250
Michelle Shaw Compliance Inspector $235
Jeff Burris Compliance Inspector $235
Valerie Carter Senior Auditor $250
Odette Mikhail Auditor $235
Tao Lu Auditor $235
Pamela Davis Auditor $235
Eric Magana Auditor $235
Tonson Chieng Audit Analyst $225
Dante Chegini Audit Analyst $225
Kristi Lervold Administrative Assistant $150
All rates current as of the date of this proposal

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 13, 2023
TO: Mayor and City Council
FROM:

PREPARED
BY:

SUBJECT: Approving plans and specifications and authorizing advertising and calling for bids for Palm Avenue Improvements Project (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approves the plans and specifications and authorizes advertising and calling for bids for the Palm Avenue Improvements on Palm Avenue and Bellevue Road Project, Project Number 22-06, Bid Call Number 719-22.

I. BACKGROUND/ANALYSIS:

Over the years, city staff have received complaints regarding sitting water along the gutter on Palm Ave between Bellevue Rd and Fortruna Ave. This sitting water is due to the damage done to the gutter along Palm Ave. Tree roots have raised the gutter so that it prevents water from flowing to the nearest storm drain.

Improvements will be constructed along the east side of Palm Ave from Bellevue Rd and continue south along Palm Ave approximately 285 feet to the first drain inlet. The work consists of replacing the damaged sidewalk, approach, curb and gutter and pavement to the centerline. See construction plans (Exhibit A).

VVH Consulting Engineers prepared the bid documents, including construction plans, specifications, and an engineer’s estimate. The estimated cost of the construction phase is a total of $115,137.00. The plans and specifications can be viewed in the Engineering Division. The actual construction cost will be determined after bids are received and staff returns to Council with its recommendation about awarding a construction contract..

II. FISCAL IMPACTS:

Sufficient funding for this project is available in the ARPA Fund, Palm and Bellevue Improvements FY 2022/23; Account No. 1010-1080-W002; $115,137.

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

Agenda Report - Page 2

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:

N/A
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:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Control Act (CEQA) guidelines, Section 15301, Class1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, staff will advertise the Notice Inviting Bids in a local newspaper, on the City’s website, and with one or more regional Builders Exchange.

Staff anticipates returning to the City Council with a recommendation to award the General Construction Contract for the project.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Agenda Report - Page 3

Lori Waterman, City Manager
Attachments:

1. Palm Ave Improvements Project Improvement Plans

Revision Engineer's Seal Client/Project
Title Sheet No. of
CITY OF ATWATER 04
ATWATER, CALIFORNIA sheets

PALM AVENUE IMPROVEMENTS PROJECT
CALL FOR BID NUMBER- 719-22
CITY PROJECT NUMBER - 22-06
COVER SHEET 01 IMPROVEMENT PLANS FOR CITY OF ATWATER PALM AVENUE IMPROVEMENTS PROJECT CITY PROJECT NUMBER - 22-06 BID CALL NUMBER - 719-22 VICINITY MAP BELLEVUE ROAD PALM AVENUE

SHAFFER ROAD PROJECT AREA SHEET INDEX BENCHMARK AGENCY APPROVALS ATWATER CITY HALL BELLEVUE ROAD ATWATER PLAZA SHOPPING CENTER ABBREVIATIONS BELLEVUE ROAD BELLEVUE ROAD WINTON ROAD BELLEVUE ROAD LINDEN STREET REDWOOD AVE. PALM AVENUE FIRST STREET

SHAFFER ROAD

FIRST STREET

SHAFFER ROAD
REDWOOD AVE.

ALABAMA N STREET PROJECT AREA

Revision Engineer's Seal Client/Project
Title Sheet No. of
CITY OF ATWATER 04
ATWATER, CALIFORNIA sheets

PALM AVENUE IMPROVEMENTS PROJECT
CALL FOR BID NUMBER- 719-22
CITY PROJECT NUMBER - 22-06
GENERAL NOTES 02 GENERAL NOTES GENERAL NOTES (CONT.) NPDES NOTES UNDERGROUND NOTES CLEARING AND GRADING NOTES SURFACE IMPROVEMENTS BENCHMARK CONCRETE PAVING NOTES CONSTRUCTION EQUIPMENT EMISSIONS NOTES ASPHALT PAVING NOTES CITY OF ATWATER NOTES (CONT.) CITY OF ATWATER NOTES “ ” UNDERGROUND NOTES

S54°10'20"E 6.28 S54°10'20"E 6.28
Revision Engineer's Seal Client/Project
Title Sheet No. of
CITY OF ATWATER 04
ATWATER, CALIFORNIA sheets

PALM AVENUE IMPROVEMENTS PROJECT
CALL FOR BID NUMBER- 719-22
CITY PROJECT NUMBER - 22-06
PLAN SHEET 03 N EXISTING IMPROVEMENTS LEGEND KEY NOTES DEMOLITION NOTES N N N PALM AVENUE

BELLEVUE ROAD PALM AVENUE

BELLEVUE ROAD DRIVEWAY DETAIL A DRIVEWAY DETAIL B PALM AVENUE PALM AVENUE GRADING LEGEND TYPICAL CROSS SECTION

Revision Engineer's Seal Client/Project
Title Sheet No. of
CITY OF ATWATER 04
ATWATER, CALIFORNIA sheets

PALM AVENUE IMPROVEMENTS PROJECT
CALL FOR BID NUMBER- 719-22
CITY PROJECT NUMBER - 22-06
DETAILS 04

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 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 Title 17, “Zoning,” of the Atwater Municipal Code for Site Plan and Architectural Review (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Open the Public Hearing and take any testimony from the public; Close the Public Hearing; and,
Motion to waive the first reading, by title only, and introduce Ordinance No. CS 1059 amending Title 17 “Zoning,” of the Atwater Municipal Code relating to Site Plan and Architectural Review; or,
Motion to approve staff’s recommendation as presented.

I. BACKGROUND/ANALYSIS:

On April 11, 2011, City Council adopted Residential Design Guidelines with City Council Resolution No. 2604-11, and on October 8, 2012, City Council adopted Commercial & Industrial Design Guidelines with City Council Resolution No. 2675-12.

The Residential Design Guidelines' purpose was to apply to all new residential subdivisions, residential infill construction, and additions to existing dwellings. The Residential Design Guidelines provide direction for site design, setbacks, and architectural details for Low-Density Residential, Medium-Density Residential, and HighDensity Residential.

Commercial & Industrial Design Guidelines are intended to inform project designers, decision-makers, and the public of the City's expectations and preferences for the qualities to be incorporated in the design of new commercial and industrial development. Similar to the Residential Design Guidelines, the document provides

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

Agenda Report - Page 2

guidance to site plans and architectural details for both Commercial and Industrial uses.

1. ANALYSIS:

Although the City of Atwater adopted the Residential, Commercial, and Industrial Design Guidelines, the City of Atwater currently also requires all proposed structures and parking layouts to go through a formal Site Plan and Design Review (Site Plan and Architectural Review) with the Planning Commission, whether the use is by-right or requires a Use Permit. Requiring Site Plan and Design Review to go to the Planning Commission has resulted in by-right uses being considered a project, which in turn requires the City to conduct a review to determine if the project is subject to the California Environmental Quality Act (CEQA).

Requiring Site Plan and Design Review to be deemed a project and go to Planning Commission for approval, even for proposed activities that are by right pursuant to the Zoning Ordinance, has prolonged the permitting process. The current permitting process for Site Plan and Design Review requires a fourteen-day routing period to allow internal departments to provide comments, a letter deeming a project complete or noncomplete, fourteen days to develop conditions of approval, and a ten-day public notification period. This process could take up to sixty days or more even for those activities deemed permitted by right.

Requiring Site Plan and Design Review to be deemed a project and go to Planning Commission for approval, even for proposed activities that are by right pursuant to the Zoning Ordinance, has prolonged the permitting process. The current permitting process for Site Plan and Design Review requires a fourteen-day routing period to allow internal departments to provide comments, a letter deeming a project complete or noncomplete, fourteen days to develop conditions of approval, and a ten-day public notification period. This process could take up to sixty days or more even for those activities deemed permitted by right.

The proposed Zoning Ordinance Text Amendment would allow site plan and architectural review to be submitted to the building department, which currently provides a seven-day processing period which would change the time of the permitting process from a potential sixty-day processing period to a potential seven-day processing period.

The newly adopted ordinance would still require all site plans and architecture to be consistent with the Residential, Commercial, and Industrial Design Guidelines; However, it will allow City of Atwater staff to review the architecture and site plans and determine if they are consistent with the Design Guidelines, instead of being brought before the Planning Commission. If the Site Plan and Architecture Guidelines are found to be consistent, they will not require further routing and review. Some design authority shall be reserved to the Planning Commission.

The following sections will be amended: 17.03.100 (G), 17.12.030, 17.12.040,

Agenda Report - Page 3

17.12.050, 17.12.060, 17.12.090, 17.16.90, 17.17.090, 17.19.090, 17.22.090,

17.24.090, 17.26.025, 17.32.090, 17.34.030, 17.34.080, 17.35.080, 17.36.090,

17.37.080, 17.38.080, 17.39.060, 17.39.090, 17.42.040, 17.43.050, 17.49.080,

17.63.090, 17.78.060
II. FISCAL IMPACTS:

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

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

N/A
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:

Agenda Report - Page 4

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

Lori Waterman, City Manager
Attachments:

1. Exhibit A

2. Ordinance No. CS 1059-c1

Atwater Municipal Code Re:

Site Plan & Architectural Review

17.03.100 (G) - Areas for collection and loading of recyclable materials in development projects. Review and Approval. The location of the recyclable enclosure area shall be a part of site and architectural review for each site and shall be approved by the Planning Commission. The location of the recyclable enclosure area shall be part of the site plan review and shall be approved by the Community Development Department.

17.12.030 - Building permit—New dwelling units.

B. If the Community Development Director finds on the written advice of the City Engineer that requests additional public improvements, may be desired, formal site plan and architectural control procedures shall be used so that the Planning Commission can the Community Development Director may consider requiring the additional public improvements beyond curbs and gutters. Final inspection shall not be made until the City Engineer has approved the installation of all required public improvements.

D. This section is applicable to all lots that are not covered specifically by the adopted Residential Design Guidelines or Commercial & Industrial Design site plan and architectural control or current subdivision (including minor subdivision, lot splits, etc.) requirements.

17.12.040 - Appeal to decision of building inspector.

B. The notice, if any, of the public hearing on the report of the Commission and the application for architectural control review shall be in the time, form, and manner directed by the Commission.

17.12.050 - Interpretation of no action—Appeal to Council.

If the Commission takes no action with respect to an application for architectural control review referred to it by the building inspector within a period of 30 days after the same has been filed with the building inspector, the Commission shall be deemed to have denied the approval thereto; in the event that the matter and application is appealed to the Council, as provided for in this title, and no decision is rendered by the Council with respect to said matter within 45 days after the initial filing of the application for architectural control review, the Council shall be deemed to have denied its approval thereto.

17.12.060 - Public or government structures require Planning Commission approval.

No public and/or governmental building, fountain, monument, wall, arch, or other structure shall be erected, placed on or upon, removed from, relocated or materially altered on or upon any public land or allowed to extend over or upon any street, avenue, square, park, recreation ground, or other public property unless plans for the same and the location thereof have first been submitted to the Planning Commission to ensure consistency with the City of Atwater’s Policies, Codes, and guidelines. for its site plan and architectural control review and approval.

17.12.090 – Site Plan and architectural Control

On occasions specifically designated below, the City Planning Commission, together with the building inspector, shall sit as a board of site plan and architectural review. It shall be the duty of this board to protect and preserve the natural and historical beauty and charm existent in and inherent to the residential character and esthetics quality of the City and thus to preserve and promote the health, safety and welfare of the residents of the City. All applications for building permits, other than agricultural residential, residential estate, and single-family residential buildings and minor structures for the conduct of a business which is to be conducted primarily in the open air outside of a structure and the plans, site plans, elevations and landscaping plans shall constitute application for site plans and architectural control review. It shall be the duty of the Community Development Director or designee to approve Architectural Plans and Site Plans to ensure all applications for building permits are consistent with the adopted Residential Design Guidelines or Commercial and Industrial Guidelines or as amended.

17.12.095 Appeal
If the applicant is aggrieved by the Community Director’s decision to deny the Architectural Plans and Site Plans, the applicant may appeal such decision in writing to the Planning Department within ten calendar days from the date of the action. The filing of an appeal shall stay all proceedings in furtherance of the action taken by the Planning Commission.

At the conclusion of the hearing, the Planning Commission shall render a decision on the appeal and may affirm, reverse or modify the decision of the Community Development Director as it deems just and equitable on the premises.

17.16.90– Site Plan and design review.

All use permits shall require Site Plan and Design Review approvals from the Planning Commission and shall expire six months from date of approval if operation or construction has not started, or if the use has been discontinued for six months or longer. A one-year extension may be considered for just cause.

17.17.090 - Site plan and design review.

All use permits shall require Site Plan and Design Review approvals from the Planning Commission, and shall expire six months from date of approval if operation or construction has not started, or if the use has been discontinued for six months or longer. A one-year extension may be considered for just cause.

17.19.090 - Site plan and design review.

All proposed main structures and parking layouts shall require Site Plan and Design Review approvals from the Planning Commission to ensure consistency with the Residential, Commercial & Design Guidelines.

17.22.090 - Site plan and design review.

All proposed structures and parking layouts shall require Site Plan and Design Review approvals from the Planning Commission, and shall expire six months from date of approval if a building permit has not been obtained. A one-year extension may be considered for just cause.

17.24.090 - Site plan and design review.

All proposed structures and parking layouts shall require Site Plan and Design Review approvals from the Planning Commission, and shall expire six months from date of approval if a building permit has not been obtained. A one-year extension may be considered for just cause.

17.26.025 - Exceptions.

B. Any parcel existing at the time of adoption of this ordinance, which is smaller than the minimum area required for a mobile home park, shall not exceed the density of one dwelling unit per 4,400 sq. ft. of land, and may construct single-family homes, duplex or apartment units, or erect modular or mobile homes after Site Plan approval by the Planning Commission. Other requirements in this chapter shall be followed, as applicable.

17.32.090 - Site plan and design review.

Site plan and design review by the Planning Commission is required for all permitted and conditional uses.

17.34.030 - Accessory uses.

Single story accessory buildings, garages and parking lots incidental to the principal use are permitted subject to site plan review.

17.34.080 - Site plan and design review.

All uses in the C-O zone shall require site plan approval and design review as described elsewhere in this title.

17.35.080 - Site plan and design review.

All uses in the C-N zone shall require site plan approval and design review as described elsewhere in this title.

17.36.090 - Site plan and design review.

All proposed construction or remodeling, and all signs in the C-C zone shall require site plan approval and/or design review as specified elsewhere in this title.

17.37.080 - Site plan and design review.

All uses in the C-T zone shall submit the required drawings for site plan and design review at the time the use permit is applied for, as described elsewhere in this title.

17.38.080 - Site plan and design review.

All uses in the C-G zone shall require site plan approval and design review as described elsewhere in this title.

17.39.060 - Site improvement standards.

A. Open space or percentage of landscaped area shall be reviewed on individual bases and shall be approved by the Planning Commission as part of site and architectural approval. At the minimum, All setbacks shall be landscaped and equipped with a seven-day automatic irrigation system.

17.39.090 - Site and architectural review.

All development in this zone shall be subject to site and architectural review by the Planning Commission.

17.42.040 - Development Standards.

D. Loading area. Adequate off-street space for the handling of all materials and equipment shall be provided, before use permits are approved by or site plans are approved, the Planning Commission shall make specific findings as to adequacy of loading area, depending on the type of activity involved.

17.43.050 - Site plan and design review. Commercial and Industrial Design Guidelines B. All proposed construction and remodeling including tenant improvements above $500.00 in value shall require site plan approval and design review for conformance with the Commercial and Industrial Design Guidelines as amended by the Planning Department.

17.49.080 - Site plan and design review.

Applicants proposing a mini-warehouse development shall supply site plans, landscaping and irrigation plans, grading, drainage, and improvement plans to the Planning Director for processing with the use permit.

17.63.090 - Uses not specified and mixed uses.

Where off-street parking requirements for a use are not specified, the minimum requirements for each use shall be determined by the Planning Director subject to approval of the Planning Commission as part of the site plan approval process. The determination shall be based upon the requirements for the most comparable use specified in this chapter. At the discretion of the Planning Commission, the minimum parking requirements for such use can be adopted by resolution and shall become effective after approval by the City Council. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for the various uses unless otherwise proved.

17.78.060 - Expansion of nonconforming use—Conditional use status.

B. The granting of a use permit for such nonconforming uses shall be further subject to the adopted Residential, Commercial & Industrial design guidelines architectural control review as outlined under Sections 17.12.020 through 17.12.050. As a condition of architectural control approval, the Commission may require alterations of the structure, extension of landscaping and shrub planting to a degree which would best integrate the nonconforming commercial or professional use into the residential district of which it is a part.

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1059

APPROVING ZONING ORDINANCE TEXT
AMENDMENT NO. 23-02-0100 AMENDING TITLE
17 “ZONING” OF THE ATWATER MUNICIPAL

CODE FOR SITE PLAN AND ARCHITECTURAL

REVEW REGULATIONS
WHEREAS, the City of Atwater adopted Residential Design Guidelines on April 11, 2011, and Commercial & Industrial Design Guidelines on October 8, 2012; and, WHEREAS, the City of Atwater has submitted a Zoning Ordinance Text Amendment (ZOTA) 23-02-0100 for an amendment to Title 17 “Zoning” of the Atwater Municipal Code to update the City’s Site Plan and Architectural Review Regulations; 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 Title 17 “Zoning” 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 following text amendments are made to the various sections of the Municipal Code, with the deleted content noted in strikethrough and the additions in red.

17.03.100 (G) - Areas for collection and loading of recyclable materials in development projects. Review and Approval. The location of the recyclable enclosure area shall be a part of site and architectural review for each site and shall be approved by the Planning Commission. The location of the recyclable enclosure area shall be part of the site plan review and shall be approved by the Community Development Department.

17.12.030 - Building permit—New dwelling units.

B. If the Community Development Director finds on the written advice of the City Engineer that requests additional public improvements, may be desired, formal site plan and architectural control procedures shall be used so that the Planning Commission can the Community Development Director may consider requiring the additional public improvements

Ordinance No. CS 1058 Page 2
beyond curbs and gutters. Final inspection shall not be made until the City Engineer has approved the installation of all required public improvements.

17.12.040 - Appeal to decision of building inspector.

B. The notice, if any, of the public hearing on the report of the Commission and the application for architectural control review shall be in the time, form, and manner directed by the Community Development Director, or designee. Commission.

17.12.050 - Interpretation of no action—Appeal to Council.

If the Commission takes no action with respect to an application for architectural control review referred to it by the building inspector within a period of 30 days after the same has been filed with the building inspector, the Commission shall be deemed to have denied the approval thereto; in the event that the matter and application is appealed to the Council, as provided for in this title, and no decision is rendered by the Council with respect to said matter within 45 days after the initial filing of the application for architectural control review, the Council shall be deemed to have denied its approval thereto.

17.12.060 - Public or government structures require Planning Commission approval.

No public and/or governmental building, fountain, monument, wall, arch, or other structure shall be erected, placed on or upon, removed from, relocated or materially altered on or upon any public land or allowed to extend over or upon any street, avenue, square, park, recreation ground, or other public property unless plans for the same and the location thereof have first been submitted to the Planning Commission to ensure consistency with the City of Atwater’s Policies, Codes, and guidelines,. for its site plan and architectural control review and approval.

17.12.090 – Site Plan and architectural Control
On occasions specifically designated below, the City Planning Commission, together with the building inspector, shall sit as a board of site plan and architectural review. It shall be the duty of this board to protect and preserve the natural and historical beauty and charm existent in and inherent to the residential character and esthetics quality of the City and thus to preserve and promote the health, safety and welfare of the residents of the City. All applications for building permits for permitted and conditional uses, other than agricultural residential, residential estate, and single-family residential buildings and minor structures for the conduct of a business which is to be conducted primarily in the open air outside of a structure, applications for use permits, proposed structures and parking layouts, and the plans, site plans, elevations and landscaping plans shall constitute application for site plans and architectural control review. Unless otherwise referred to the Planning Commission for purposes of efficiency and consolidation of review with other approvals or entitlements, it shall be the duty of the Community Development Director, or designee, to approve applications for site plans and architectural control review to ensure all applications are consistent with the adopted Residential Design Guidelines or Commercial and Industrial Guidelines, as amended from time to time. Such approval shall expire six months from date of approval if operation or construction has not started, or if the use has been discontinued for six months or longer. A one-year extension may be considered for just cause.

17.12.095 Appeal

Ordinance No. CS 1058 Page 3
If the applicant is aggrieved by the Community Director’s decision to deny the Architectural Plans and Site Plans, the applicant may appeal such decision in writing to the Planning Department within ten calendar days from the date of the action. The filing of an appeal shall stay all proceedings in furtherance of the action taken by the Planning Commission.

At the conclusion of the hearing, the Planning Commission shall render a decision on the appeal and may affirm, reverse or modify the decision of the Community Development Director as it deems just and equitable on the premises.

17.16.90– Site Plan and design review.

All use permits shall require Site Plan and Design Review approvals from the Planning Commission and shall expire six months from date of approval if operation or construction has not started, or if the use has been discontinued for six months or longer. A one-year extension may be considered for just cause.

17.17.090 - Site plan and design review.

All use permits shall require Site Plan and Design Review approvals from the Planning Commission, and shall expire six months from date of approval if operation or construction has not started, or if the use has been discontinued for six months or longer. A one-year extension may be considered for just cause.

17.19.090 - Site plan and design review.

All proposed main structures and parking layouts shall require Site Plan and Design Review approvals from the Planning Commission to ensure consistency with the Residential, Commercial & Design Guidelines.

17.22.090 - Site plan and design review.

All proposed structures and parking layouts shall require Site Plan and Design Review approvals from the Planning Commission, and shall expire six months from date of approval if a building permit has not been obtained. A one-year extension may be considered for just cause.

17.24.090 - Site plan and design review.

All proposed structures and parking layouts shall require Site Plan and Design Review approvals from the Planning Commission, and shall expire six months from date of approval if a building permit has not been obtained. A one-year extension may be considered for just cause.

17.26.025 - Exceptions.

B. Any parcel existing at the time of adoption of this ordinance, which is smaller than the minimum area required for a mobile home park, shall not exceed the density of one dwelling unit per 4,400 sq. ft. of land, and may construct single-family homes, duplex or apartment units, or erect modular or mobile homes after Site Plan approval by the Planning Commission.

Other requirements in this chapter shall be followed, as applicable.

17.32.090 - Site plan and design review.

Site plan and design review by the Planning Commission is required for all permitted and conditional uses as described elsewhere in this title.

Ordinance No. CS 1058 Page 4

17.34.030 - Accessory uses.

Single story accessory buildings, garages and parking lots incidental to the principal use are permitted subject to site plan review.

17.34.080 - Site plan and design review.

All uses in the C-O zone shall require site plan approval and design review as described elsewhere in this title.

17.35.080 - Site plan and design review.

All uses in the C-N zone shall require site plan approval and design review as described elsewhere in this title.

17.36.090 - Site plan and design review.

All proposed construction or remodeling, and all signs in the C-C zone shall require site plan approval and/or design review as specified elsewhere in this title.

17.37.080 - Site plan and design review.

All uses in the C-T zone shall submit the required drawings for site plan and design review at the time the use permit is applied for, as described elsewhere in this title.

17.38.080 - Site plan and design review.

All uses in the C-G zone shall require site plan approval and design review as described elsewhere in this title.

17.39.060 - Site improvement standards.

A. Open space or percentage of landscaped area shall be reviewed on individual bases and shall be approved by the Planning Commission as part of site and architectural approval as described elsewhere in this title. At the minimum, all setbacks shall be landscaped and equipped with a seven-day automatic irrigation system.

17.39.090 - Site and architectural review.

All development in this zone shall be subject to site and architectural review as described elsewhere in this title. by the Planning Commission.

17.42.040 - Development Standards.

D. Loading area. Adequate off-street space for the handling of all materials and equipment shall be provided, before use permits are approved by or site plans are approved, the Planning Commission, or site plans are approved as described elsewhere in this title, shall make specific findings as to adequacy of loading area, depending on the type of activity involved.

17.43.050 - Site plan and design review. Commercial and Industrial Design Guidelines B. All proposed construction and remodeling including tenant improvements above $500.00 in value shall require site plan approval and design review for conformance with the Commercial and Industrial Design Guidelines as amended by the Planning Department.

17.49.080 - Site plan and design review.

Ordinance No. CS 1058 Page 5
Applicants proposing a mini-warehouse development shall supply site plans, landscaping and irrigation plans, grading, drainage, and improvement plans to the Planning Director for processing with the use permit.

17.63.090 - Uses not specified and mixed uses.

Where off-street parking requirements for a use are not specified, the minimum requirements for each use shall be determined by the Planning Director subject to approval of the Planning Commission as part of the site plan approval process. The determination shall be based upon the requirements for the most comparable use specified in this chapter. At the discretion of the Planning Commission, the minimum parking requirements for such use can be adopted by resolution and shall become effective after approval by the City Council. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for the various uses unless otherwise proved.

17.78.060 - Expansion of nonconforming use—Conditional use status.

B. The granting of a use permit for such nonconforming uses shall be further subject to the adopted Residential, Commercial & Industrial design guidelines as described elsewhere in this title. architectural control review as outlined under Sections 17.12.020 through 17.12.050.

As a condition of architectural control approval, the Community Development Director or designee, or Planning Commission, as the case may be, may require alterations of the structure, extension of landscaping and shrub planting to a degree which would best integrate the nonconforming commercial or professional use into the residential district of which it is a part.

Section 2: EFFECTIVE DATE. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

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

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

SECTION 4: CEQA. Approval of the amendments in this Ordinance is exempt from further environmental review under 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.

Ordinance No. CS 1058 Page 6
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

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 13, 2023
TO: Mayor and City Council
FROM: Delilah Youmara, Finance Director

PREPARED
BY:

Delilah Youmara, Finance Director
SUBJECT: Adopting resolution amending the Fiscal Year 2022-2023 Miscellaneous Fee Schedule (Finance Director Youmara)

RECOMMENDED COUNCIL ACTION
Open the Public Hearing and receive any testimony given regarding the proposed amendments to the Fiscal Year 2022-2023 Miscellaneous Fee Schedule; Close the Public Hearing;
Motion to adopt Resolution No. 3378-23 amending the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2022-2023; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

On January 9, 2023, the City Council adopted 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.

On the regularly scheduled February 13, 2023 City Council meeting, City Council adopted Resolution No. 3369-23 approving procedure guidelines and review criteria for evaluating cannabis regulatory permit applications.

Once the procedure guidelines and review criteria were established, staff was able to analyze more accurately what it will cost the City to process a Cannabis Regulatory Permit from beginning to end. This amendment to the Miscellaneous Fee Schedule includes the time it takes in relation to the detailed procedure guidelines and review criteria adopted by City Council.

In addition, to the Cannabis Regulatory fees related to recouping staff time in processing and issuing a Cannabis Regulatory Permit, there are also consulting fees

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

Agenda Report - Page 2

related to ensuring businesses with an active Cannabis Regulatory Permit are being monitored for compliance.

On January 10, 2022, the City Council awarded a one year Professional Services Agreement to the consulting firm HdL Companies for cannabis monitoring and compliance services to complete the time-intensive annual field inspections and revenue audits required per Ordinance No. CS 1055 as staff have struggled to accommodate the time required to ensure compliance.

The First Amendment to the Professional Services Agreement to HdL Companies of Brea, California for Consultant Services for Cannabis Monitoring and Compliance Services is brought to the Council for approval at this March 13, 2023 meeting. The First Amendment includes an increase in compensation for consulting services. The annual Cannabis Regulatory Permit fee is being amended to also reflect the increase in these costs. This fee will become effective once the First Amendment to the Professional Services Agreement is approved.

While reviewing the Cannabis Regulatory Program fees, staff found an amendment to the Cannabis Regulatory could possibly also require an amendment to the Conditional Use Permit. An analysis of staff time required for an amendment to the Conditional Use Permit was conducted by City staff and a new fee entitled Regular Conditional Use Permit Amendment has been added.

City Staff also identified traffic engineering consultant costs that are not being recouped.

This fee was not included on the current Miscellaneous Fee Schedule. Amending the Miscellaneous Fee Schedule to add the Traffic Plan Check Review at actual cost will ensure the City recoups costs incurred by applicants for permits.

The Miscellaneous Fee Schedule includes the amendment of the following fees to recoup costs incurred by the City for processing the services below:
• Cannabis Application Fee, Actual Cost, $1,500 Minimum Deposit • Cannabis Application Renewal Fee, $345
• Cannabis Regulatory Permit - Annual, $15,000
• Cannabis Regulatory Permit Amendment, $400
• Conditional Use Permit Amendment, $361 (New)
• Traffic Plan Check Review, Actual Cost (New)
In addition to amendments to fees above, the Appeal Fee name has been updated to reflect the most recent ordinance update. The Community Development Department & Resources Commission has been updated to Planning Commission.

II. FISCAL IMPACTS:

Adoption of the proposed miscellaneous fee amendments and additions provides a legally defensible cost recovery program to ensure that the City receives appropriate

Agenda Report - Page 3

fees for services provided and supports the City Council's goal of adopting sound financial practices.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City's 2020-2025 Strategic Plan:
to ensure the city's continued financial stability.

V. ALTERNATIVES:

Council could choose not to adopt the resolution amending the Fiscal Year 2022-2023 Miscellaneous Fee Schedule.

VI. INTERDEPARTMENTAL COORDINATION:

All relevant departments coordinated efforts to appropriately amend the Fiscal Year 2022-2023 Miscellaneous Fee Schedule.

VII. PUBLIC PARTICIPATION:

A Public Hearing Notice for this item was published in the Merced Sun-star on February 28, 2023. Additionally, the public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon adoption of Resolution 3378-23, amending the Miscellaneous Fee Schedule, the City Clerk will circulate the new Fee Schedule to all Departments to begin charging the amended fees upon the effective date.

Submitted by:

Delilah Youmara, Finance Director
Approved by:

Agenda Report - Page 4

Lori Waterman, City Manager
Attachments:

1. Reso No 3378-23 Amend Misc Fee Schedule FY 22-23

2. Amended Misc Fee Schedule FY 22-23 Exhibit A

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3378-23

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING THE FISCAL
YEAR 2022-2023 MISCELLANEOUS FEE

SCHEDULE
WHEREAS, the City of Atwater has established a Citywide fee structure “Miscellaneous Fee Schedule” to offset the costs of services; and
WHEREAS, the City of Atwater’s Miscellaneous Fee Schedule is adopted by resolution; and
WHEREAS, the City Council adopted Resolution No. 3321-22 setting the most recent Miscellaneous Fee Schedule on June 27, 2022; and
WHEREAS, the Miscellaneous Fee Schedule has been amended from time to time by resolution to amend said fees and changes for described services; and WHEREAS, the a public hearing has been noticed for February 28, 2023 to consider certain amendments and setting the Miscellaneous Fee Schedule.

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

A. All previous resolutions that set and/or amended the Miscellaneous Fee Schedule are hereby repealed and superseded by Resolution No. 3378-23.

B. The Miscellaneous Fee Schedule, attached hereto as EXHIBIT “A” and made a part of herein, is hereby approved.

C. The purpose of the fees set forth in the City’s Miscellaneous Fee Schedule EXHIBIT “A” of this resolution is to recover up to the full, lawfully recoverable costs incurred by the City.

D. Effective Date. All new and/or increased fees shall be effective upon adoption of this resolution with the exception of fees established in accordance with Government Code Section 66017. Development related new and/or increased fees shall be effective sixty (60) days following the effective date of this resolution.

Resolution No. 3378-23 Miscellaneous Fee Schedule Page 2 Notwithstanding the foregoing, the following fee amendment shall be effective only upon the City Council’s Approval of First Amendment to the Professional Services Agreement to HdL Companies of Brea, California for Consultant Services for Cannabis Monitoring and Compliance Services.
• Cannabis Regulatory Permit - Annual, $15,000
E. Repealer. These fees shall supersede the corresponding fees previously established by the City. All previously adopted and confliction fees, and all resolutions and other actions of the City Council are hereby repealed to the extent they conflict with the contents of this resolution.

F. Severability. The individual fees and charges set forth in EXHIBIT “A” of this resolution and portions of this resolution are severable. Should any of the fees or charges or any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining fees, charges and/or resolution portions shall be and continue in full force and effect, except as to those fee, charges, and/or resolution portions that have been adjudged invalid. The City Council of the City of Atwater hereby declared that is would have adopted each of the fee and charges set forth in EXHIBIT “A” of this resolution, and this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more of the fees, charges, or sections, subsections, clauses, sentences, phrases or other portions of this resolution may be held invalid or unconstitutional.

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

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
Cost Recovery, Legal Services Actual Cost
Cost Recovery, Liability Claim Processing Actual Cost
Notary Services (as set by GC 8211) No COLA associated $15 per signature Mailed Copies of City Council Agenda (per fiscal year) $40 Mailed Copies of City Council Minutes (per fiscal year) $38 $136
Copy of City Council Video DVD $11
Final Budget (summary) $13
Final Budget $49
Copy of Municipal Code to CD $11
Preliminary Budget $34
Annual Financial Statement $30
Five Year Capital Improvement Budget $20
Voucher $35
Business License Listing $26
Mailing Labels for Business License $35
Abatement Lien $45
Photocopies (first page) $4
Photocopies (per copy of B/W) $0.11
Photocopies (per copy of color) $0.20
Returned Checks $43
Electronic Payment Processing Fees Up to 5% of the total amount Donation Bin Permit/Renewal Processing Fee $50 annually Donation Bin Permit Sticker (replacement) $12
Research Actual Cost
COMMUNITY DEVELOPMENT:

BUILDING DIVISION:

Building Inspection Fee (minimum 1 hour) $130 per hour
Monthly Building Activity Reports (per fiscal year) $32 Building Permit Plan Reproduction (smaller than 11x17) $81 Building Permit Plan Reproduction (larger than 11x17) $161 EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Mailed Copies of City Council and Planning Agendas and Minutes (per fiscal year)
1 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
PLANNING DIVISION:

Building Permit Application Plan Review (15 mins.) $51
Building Permit Application Plan Review (16 to 30 mins.) $103 Building Permit Application Plan Review (over 30 mins.) $205 General Plan (Copy or Disk) $62
General Plan EIR (Copy or Disk) $67
Specific Plan Application Deposit $10,157, Actual Cost + 20% Specific Plan Preparation Actual cost + 20%
Housing Element (Copy or Disk) $42
General Plan or Zoning Map Reproduction $15
Street Tree Master Plan $34
Annexation Application $3,063 plus $115 per acre
$223
$223
Environmental Assessment (Review of private prepared document) Actual Cost + 20% Actual Cost + 20%
Environmental Impact Report Preparation Actual Cost + 20% General Plan Amendment Preparation Deposit $2,031, Actual cost + 20% Home Occupation Permit $207
Lot Line Adjustment Deposit $676 + actual cost
Lot Merger Deposit $676 + actual cost
Monthly Building Activity Reports (per fiscal year) $31 Pre-zoning Deposit $2,041 + actual cost
Reversion to Acreage Deposit $676 + actual cost
Sign Review $175
Site & Architectural Plan Review Deposit $1,029 + actual cost Tentative Subdivision Map
Deposit $3,046 + $61 per lot, Actual Cost +
20%
Tentative Parcel Map
Deposit $1,876 + $61 per lot, Actual Cost +
20%
Appeal of Community Development & Resources Commission Planning Commission Decision to City Council
Environmental Assessment Preparation for Private Development Project Appeal of Staff Decision to Community Development & Resources Commission Planning Commission
2 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Condominium Conversion Actual Cost + 20%
Regular Conditional Use Permit Actual Cost. $2,000 Minimum Deposit Conditional Use Permit Amendment $361
Conditional Use Permit Monitoring $147 Annually
Commercial Conditional Use Permit General Plan Update Fee $228 Variance Deposit $993, Actual Cost + 20%
Zone Change Deposit $1847, Actual Cost + 20%
Zoning Ordinance Text Amendment Deposit $1847, Actual Cost + 20% Time Extension Request Application Original Application Fee Planned Development Zone:

Master Plan Application Deposit $2242, Actual Cost + 20% Final Development Plan Application Deposit $2242, Actual Cost + 20% Planned Development Amendment: Deposit $1130, Actual Cost + 20% Development Agreement Preparation Actual Cost + 20%
BUSINESS LICENSE:

Nonrefundable License Application Fee $40
Appeal Fee Actual Cost
Amendment to Business License Fee $30
Duplicate License Fee $5
CANNABIS REGULATORY PERMIT:

Cannabis Application Fee Actual Cost. $1,500 Minimum Deposit Cannabis Application Renewal Fee $345
Appeal Fee Actual Cost
Cannabis Regulatory Permit, Annual $15,000
Cannabis Regulatory Permit Amendment $400
ENGINEERING DIVISION:

Cost Recovery, Legal Services Actual Cost + 20%
Improvement Standards and Specifications Book $35
Map or Document Research (minimum 1 hour) Actual Cost + 20% 3 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Improvement Plans Review, City Staff 3% of value
Deposit 3% of value, Actual Cost + 20%
Traffic Plan Check Review Actual Cost
Storm Water Quality Control Plan Review $738
Swimming Pool Permit $35
3% of value ( $259 minimum)
Encroachment Permit for Public Utilities (AT&T, PG&E, MID, Comcast, etc.) $286 Inspections for Public Utilities Company Permits, City Staff $134 per hour Inspections for Public Utilities Company Permits, Consultant Actual Cost + 20% Well Construction (except drinking water) $286
Well Abandonment $286
Encroachment Permit for Driveway Approach Replacement $286 Encroachment Permit for Sidewalk Replacement $286
Encroachment Permit for Utilities Installation (Street Cuts) $385 *Trench Deposit, Single Utility (held for 12 months) Deposit $2,485 + Actual Cost *Trench Deposit, Multi Utilities (12 months from excavation of last trench) Deposit $6,540 + Actual Cost *Trench deposits are not required for projects covered under a warranty bond On-Site Inspections 3% of value
Off-Site Inspections 3% of value
False Alarms (within a 12 month period at a single site) False alarms are not subject to CPI Adjustment PUBLIC WORKS:

Administrative Fee 20% for all billable charges
Street Sweeper and Clean-Up Fee (minimum 2 hours) Actual Cost Barricade Rental $6 each-first day, $1 each-each day after Emergency Labor, Equipment and Materials Actual Cost
Deposit $547 plus installation $46 plus $5
per thousand gallons of usage
Delinquent Back Flow Testing
$103 plus actual cost for repair parts if
needed
Water Problem (call out) Evaluation (minimum 2 hours) Actual Cost Red Tags (second and subsequent notices) Actual Cost
Commercial Recycling Actual Cost plus 11%
POLICE:

Encroachment Permit
Improvement Plans Review, Consultant
Hydrant Use or Construction Water (meter cost plus actual cost) 4 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Background Check Fee $131
Copies .10 cents (per page)
Photos $15 per CD; $1 per page if printed
Unconsensual Franchise Tow Fee (Per Vehicle) $57
Second Hand Dealer/Pawn Broker License (initial)
False Alarms (first and second incident) $0
False Alarms (third thru fifth**) $62
False Alarms (sixth and subsequent**) $124
False Alarms (maximum fee per day) $310
Domestic Fowl/Animal Permit $28
Cats/Dogs Redeemed (first occurrence) $64
Cats/Dogs Redeemed (second occurrence) $128
Animals to Pound, Requested by Owner $114
**If both Police and Fire respond to false alarm, only one charge shall be assessed per incident
5 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Clearance Letter $28
Dance Permit $34
Fingerprint Card $57
Bicycle License $6
Amplified Sound Permit $46
Second Hand Dealer/Pawn Broker License (renewal) $34
Alcohol Consumption Permit (City property, per event) $46 Solicitor Permit (non-profit) $23
Solicitor Permit (profit) $45
Handgun Dealer Permit (initial) $45
Handgun Dealer Permit (renewal) $28
Neighborhood Watch Program
Police Reports, Crime/Accident (first 4 pages) $23
Jail Booking County Cost plus 20%
Citation Sign-Off (for non-Atwater resident) $17
Stored Vehicle Release $259
Repossession Filing Fee (mandated by State Gov. Code 41612) $18 Concealed Weapon Permit (initial) $203
Concealed Weapon Permit (renewal) $156
Emergency Response (Gov. Code 53150-53158) Actual Cost plus 15% 1 - 5,000 sq. ft. $46
Taxi Cab Permit (initial) $46
Taxi Cab Permit (renewal) $28
Tow Cab Franchise Fee $56
Abandoned Cart Fee $50 per cart, per pick-up
Code Enforcement Reinspection Fee $50
FIRE:
1,251 GPM (16 hour maximum) 1251-1500 $94/hour
1,501 GPM (16 hour maximum) 1501-2000 $96.50/hour
Pick-Up (16 hour maximum) $61/hour
Works Comp. Actual Cost
Administration (OES) Actual Cost
6 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Annual Inspections and New Business Inspections
Low Hazard Inspection (businesses, industries, merchandise) Per Hour:

Occupancy types: A (<50 People), B, C, F-2, M, S-2, U
First Re-Inspection $115
First Re-Inspection $130
Second Re-Inspection $145
5,001 - 10,000 sq. ft. (first inspection) $125
First Re-Inspection $140
Second Re-Inspection $155
10,001 - 20,000 sq. ft. (first inspection) $135
First Re-Inspection $150
Second Re-Inspection $165
20,001 - 40,000 sq. ft. (first inspection) $165
First Re-Inspection $180
Second Re-Inspection $195
40,001 - 80,000 sq. ft. (first inspection) $175
First Re-Inspection $190
Second Re-Inspection $205
80,001 - 120,000 sq. ft. (first inspection) $185
5,001 - 10,000 sq. ft. (first inspection) $200
Second Re-Inspection $215
120,001 - 150,000 sq. ft. (first inspection) $245
First Re-Inspection $260
Second Re-Inspection $275
150,001 - 200,000 sq. ft. (first inspection) $305
First Re-Inspection $320
Second Re-Inspection $335
200,001+ sq. ft. (first inspection) $365
First Re-Inspection $380
Second Re-Inspection $395
Occupancy types: A (>50 People), E, F-1, H-1-5, I-1-3, I-4, L, R-1-4, S-1 1 - 5,000 sq. ft. (first inspection) $115
Moderate-High Hazard Inspection (50+ gather, education facility, high fire area, hospitals, residential, storage) Per Hour:
7 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
First Re-Inspection $130
Second Re-Inspection $140
First Re-Inspection $125
First Re-Inspection $140
Second Re-Inspection $155
10,001 - 20,000 sq. ft. (first inspection) $135
First Re-Inspection $150
Second Re-Inspection $165
20,001 - 40,000 sq. ft. (first inspection) $185
First Re-Inspection $200
Second Re-Inspection $215
40,001 - 80,000 sq. ft. (first inspection) $195
First Re-Inspection $210
Second Re-Inspection $225
80,001 - 120,000 sq. ft. (first inspection) $205
First Re-Inspection $220
Second Re-Inspection $235
120,001 - 150,000 sq. ft. (first inspection) $285
Fireworks and Pyrotechnics $300
Second Re-Inspection $315
150,001 - 200,000 sq. ft. (first inspection) $365
First Re-Inspection $380
Second Re-Inspection $395
200,001+ sq. ft. (first inspection) $445
First Re-Inspection $460
Second Re-Inspection $475
Other Inspections/Rates:

Inspections:

Christmas Tree Lots or Sale Areas at Car Sales $60
$128
$207
Daycare Facilities (more than 6 children, State mandated inspection) $128 Board and Care Facilities (full time patient care, State mandated inspection, over 50 occupants)
Board and Care Facilities (full time patient care, State mandated inspection, 7 - 50 occupants)
8 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Fire Safety Application Review $207
Fire Safety Plan Review $207
Aircraft Refueling Vehicle (initial) $300
Occupancy Permits $67
Penalty Charges (unauthorized occupancy) $140
Tents and Air-Supported Structures (per 200 sq. ft., except for camping) $113 Rates: $0
Hydrant Flow Data-Per Hydrant $264
Weed Abatement Contractors Cost plus 20%
Consultation $113
Fire Cause Investigation $113
Stand-by or Fire Watch $137
Operational Permits:

Tanks: Hazardous Material Storage, Installation/Removal $137 Aerosol Products Permit (retail storage, under exempt amounts per sq. ft.) $123 Aerosol Products Permit (warehouse and storage) $247
Aircraft Repair Hanger $123
Commercial Rubbish Handling Operation (initial) $185
Aircraft Refueling Vehicle (renewal) $123
Asbestos Removal Permit $185
Automobile Wrecking Yard $185
Battery System $247
Bowling Pin or Alley Refinishing (initial) $247
Bowling Pin or Alley Refinishing (renewal) $195
Candles/Open Flame in Assembly Area (single use permit) $43 Candles/Open Flame in Assembly Area (on-going facility permit) $195 Carnivals and Fairs $139
Cellulose Nitrate Film $251
Cellulose Nitrate Storage $251
Combustible Fiber Storage $307
Combustible Material Storage $139
Compressed Gas, Store/Handle/Use (initial) $251
Compressed Gas, Store/Handle/Use (renewal) $139
9 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Containers/Tanks (initial) $195
Commercial Rubbish Handling Operation (renewal) $139
Cryogen Use, Plan Check/Install/Inspection/Use (initial) $387 Cryogen Use, Plan Check/Install/Inspection/Use (renewal) $155 Dry Cleaning Plants (initial) $251
Dry Cleaning Plants (renewal) $195
Dust Producing Operation (initial) $251
Dust Producing Operation (renewal) $195
Explosive or Blasting Agent (permit and 2 blasts) $195
Explosive or Blasting Agent (more than 2 blasts) $60
Fireworks Ground Display $139
Fireworks, Pyrotechnic Special Effects (theatrical/movies) $139 Fireworks, Aerial Display (includes ground display) $307 Flammable or Combustible Liquids $307
Retail Storage (under exempt amount per control area) $60 Pipeline, Operations/Excavation $139
Liquid or Gas Fueled Vehicles or Equipment in Assembly $307 Containers/Tanks (renewal) $195
Underground Tanks $139
Tank Removal $195
Tank Vehicles (initial) $195
Tank Vehicles (renewal) $139
Fruit Ripening $139
Fumigation or Thermal Insecticides Fogging $139
$139
Hazardous Materials, Storage/Handle/Use (initial) $492
Hazardous Materials, Storage/Handle/Use (renewal) $195
Hazardous Production Materials $379
High Piled Combustible Stock (initial) $379
High Piled Combustible Stock (renewal) $251
LPG - Non Single Family Dwelling $251
LPG - Single Family Dwelling $139
Hazardous Materials, Retail Storage (under exempt amount per control area) 10 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Special Use/Event Permit $139
Lumber Yards $195
Magnesium Working $251
Mall Covered $251
Motor Vehicle Fuel Dispensing Station $251
Motor Vehicle Refueling Unit $251
Open Fires (includes bonfires & burn permits) $60
Organic Coating (initial) $489
Organic Coating (renewal) $375
Ovens, Industrial Baking or Drying (initial) $195
Ovens, Industrial Baking or Drying (renewal) $139
Radioactive Materials (initial) $251
Radioactive Materials (renewal) $139
Refrigeration Equipment, Install/Operate (initial) $307 Refrigeration Equipment, Install/Operate (renewal) $195 Repair Garages $139
Administration (OES) $139
Spraying or Dipping (initial) $364
Spraying or Dipping (renewal) $195
$139
Tents (all others) $364
Tire Storage $195
Wood Products $251
Hot Work and Cutting Operations (within occupancy and mobile) $195 Fireworks Stands/Booth Application Fee $168
Firework Stand/Storage/Display Inspection $128
Special Events Fire and Life Safety
Cost Recovery/Miscellaneous:
1,250-1500 GPM (16 hour maximum) $102
1,501-2000 GPM (16 hour maximum) $106
Pick-Up (16 hour maximum) $71
Works Comp. Actual Cost
Tents/Canopy/Membrane Structures - Non High Fire Hazard Area (100 occupants)
11 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Rent: Private Organization (per hour) $0.18
Fire Reports $17
Street Spills $57 plus Actual Cost
False Alarms (within a 12 month period at a single site) False alarms are not subject to COLA False Alarms (first and second incident) $0
False Alarms (third thru fifth**) $62
False Alarms (sixth and subsequent**) $124
False Alarms (maximum fee per day) $310

PARKS, RECREATION & COMMUNITY EVENTS
Community Center, Multipurpose Room
Reservation and Cleaning Deposit $350
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees $175
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $100
Rent: Non-Profit/Senior Organization (per hour) $70
Facility Attendant, (per hour) $35
Community Center, Multi Purpose Room & Evelyn Chambers Senior Room Reservation and Cleaning Deposit $525
Cancellation Fee: Less than 10 Days of Rental Forfeit Deposit Cancellation Fee: More than 10 Days of Rental $175
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $140
Rent: Non-Profit/Senior Organization (per hour) $90
Facility Attendant, (per hour) $35
Community Center, Evelyn Chambers Senior Room
Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $75
**If both Police and Fire respond to false alarm, only one charge shall be assessed per incident.

Cancellation Fee: More than 10 Days of Rental
12 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Rent: Non-Profit/Senior Organization (per hour) $40
Facility Attendant, (per hour) $35
Community Center, Jessie Frago or Andy Longinotti Meeting Rooms Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $65
Rent: Non-Profit/Senior Organization (per hour) $40
Facility Attendant, (per hour) $35
Community Center, Kitchen
Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Senior Citizen Groups with Kitchen $40
Rent: Non-Profit/Senior Organization (per hour) $35
Table & Chair Fees:

Table & Chair Set Up and Usage Fee $125
Table & Chair Set up and Usage Fee for Senior Citizen Organization $75 Castle Youth Center
Birthday Party (2 hours) gym, game room & activity area $175 Gym Rental (per hour) $60
Facility Attendant, (per hour) $35
Veterans Park Pavilion
Reservation and Cleaning Deposit $200
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $75
Cancellation Fee: More than 30 Days of Rental $80
Atwater Resident Rental Fee with Kitchen $250
Senior/Civic/Schools/Non-Profit Organization with Kitchen $200 Osborn and Miyake Ball Field Tournament without Lights (per field per day) $175
Facility Attendant, (per hour) $35
13 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Bloss Grounds
Deposit $350
Private Party (2 hour minimum) $80 per hour
Non-Profit / Senior Group (2 hour minimum) $40 per hour Facility Attendant, (per hour) $35
Photograpy Session (2 hour minimum) $30 per hour
Bloss Library Museum
Private Usage $50 per hour
Non-Profit / Senior Group No Charge
Facility Attendant, (per hour) $35
Field Rentals
Osborn and Miyake Ball Field Deposit $210
Osborn and Miyake Ball Field Rental (per hour) $35
Osborn and Miyake Ball Field Rental with Lights (per hour) $40 $145
$75
Veterans Park Football Field Deposit $210
Veterans Park Football / Soccer Field, Youth Teams (per day) $125 Veterans Park Football Field, Adult Teams (per day) $150 Memorial Ball Field Deposit $200
Memorial Ball Field (per game) $75
Memorial Ball Field Prep $75
Memorial Ball Field Light Usage (per hour) $40
Joan Faul Soccer Field Deposit $210
Joan Faul Soccer Field 1 (per day) $100
Joan Faul Soccer Field 2 (per day) $100
Joan Faul Soccer Fields 1 & 2 (per day) $175
Youth Recreation Programs Resident Non Resident
Osborn Park Tennis Court (per key for one year Pro-Rated) $80 $100 Youth Basketball (co-ed, boys and girls, grades K-12) (per player) $80 $105 Youth Indoor Soccer (per player) $75 $95
Osborn and Miyake Ball Field Tournament Field Preps (per prep per field per day)
Learn to Swim Program (parent & infant)
14 of 15

CPI % increase for FY 22/23

8.338%
Proposed
MISCELLANEOUS FEES: 2022-23
EXHIBIT "A"
Amended March 13, 2023
Miscellaneous Fee Schedule
Summer Drop-in Program - Per Week
Full Day - Per Week $90 $115
Youth Flag Football (per player) $75 $95
Youth Volleyball (per player) $85 $105
Summer Youth Camp (per camp) $50 $70
Adult Recreation Programs
Men's Spring Softball $550 $575
Men's Summer Softball $550 $575
Men's Fall Softball $550 $575
Coed Spring Softball $550 $575
Vendor Fair Booth Rental (12x12) $550 $575
Coed Fall Softball $550 $575
Coed Winter Volleyball $425 $450
Coed Summer Volleyball $425 $450
Men's Volleyball $425 $450
Women's Volleyball $425 $450
Men's Summer Basketball League $650 $675
Men's Winter Basketball League $650 $675
Other Recreation Programs
Misc. Recreation Classes & Events $10 - $50 $10 - $50
Vendor Fair Booth Rental (12x12) $100
15 of 15

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 13, 2023
TO: Mayor and City Council
FROM: Justin Vinson

PREPARED
BY:

Ana Jaramillo, Administrative Assistant II
SUBJECT: Approving plans and specifications and authorizing advertising and calling for bids for installation of Osborn Park Bathroom Project (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Motion to approve the plans and specifications and authorize advertising and calling for bids for the installation of Osborn Park Renovation Project, Project Number 22-05, Bid Call Number 717-22; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

On March 28, 2022, the City Council adopted Resolution No. 3304-22 approving the submittal of a grant application to California Department of Parks and Recreation for Per Capita Grant funds. After submittal, the city was successful in obtaining $177,952 for the purchase of a new bathroom located at Osborn Park. After the purchase of the bathroom,staff then moved forward with hiring VVH Consultants to design the foundation and utility plans for the bathrooms.

VVH Consulting Engineers prepared the bid documents, including construction plans, specifications, and engineer’s estimate. The estimated cost of the construction phase is a total of $62,829. The plans and specifications can be viewed in the Engineering Division. The actual construction cost will be determined after bids are received and staff returns to the Council recommending awarding a construction contract to a contractor.

The work consists of the installation of the bathroom at Osborn Park. See construction plans (Exhibit A) for the limits of improvements in the park.

II. FISCAL IMPACTS:

There is sufficient funding available in the Fiscal Year 2022-23 Budget, ARPA Fund, Osborn Park Renovation Account No. 1010.1080.V039.

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

Agenda Report - Page 2

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:

N/A
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:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Control Act (CEQA) guidelines, Section 15301, Class1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, staff will advertise the Notice Inviting Bids in a local newspaper, on the City’s website, and with one or more regional Builders Exchange.

Staff anticipates returning to the City Council with a recommendation to award the General Construction Contract for the project.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Agenda Report - Page 3

Lori Waterman, City Manager
Attachments:

1. Osborn Park Restroom Project Improvement Plans

VICINITY MAP N.T.S. ON-SITE IMPROVEMENT PLANS FOR CITY OF ATWATER OSBORN PARK RESTROOM PROJECT ATWATER, CALIFORNIA N BELLEVUE ROAD PALM AVENUE

SHAFFER ROAD PROJECT LOCATION SHEET INDEX BENCHMARK AGENCY APPROVALS ABBREVIATIONS BELLEVUE ROAD BELLEVUE ROAD

WINTON ROAD N
Revision Engineer's Seal Client/Project
Title Sheet No. of
CITY OF ATWATER 3
ATWATER, CALIFORNIA sheets

OSBORN PARK RESTROOM PROJECT

CALL FOR BID NUMBER - XXXXXX

CITY PROJECT NUMBER - XXXXXX
COVER SHEET 1 EXISTING CONCESSION BUILDING

Revision Engineer's Seal Client/Project
Title Sheet No. of
CITY OF ATWATER 3
ATWATER, CALIFORNIA sheets

OSBORN PARK RESTROOM PROJECT

CALL FOR BID NUMBER - XXXXXX

CITY PROJECT NUMBER - XXXXXX
GENERAL NOTES 2 GENERAL NOTES GENERAL NOTES (CONT.) NPDES NOTES UNDERGROUND NOTES CLEARING AND GRADING NOTES SURFACE IMPROVEMENTS BENCHMARK CONCRETE PAVING NOTES CONSTRUCTION EQUIPMENT EMISSIONS NOTES ASPHALT PAVING NOTES CITY OF ATWATER NOTES (CONT.) CITY OF ATWATER NOTES “ ” UNDERGROUND NOTES

Revision
Engineer's Seal Client/Project
Title Sheet No. of
CITY OF ATWATER 3
ATWATER, CALIFORNIA sheets

OSBORN PARK RESTROOM PROJECT

CALL FOR BID NUMBER - XXXXXX

CITY PROJECT NUMBER - XXXXXX
CONSTRUCTION PLAN 3 N UTILITY PLAN KEYNOTES N EXISTING IMPROVEMENTS PROPOSED SURFACE IMPROVEMENTS 1 CONCRETE WHEEL STOP DETAIL N.T.S. RE: 3 LEGEND PROPOSED SURFACE IMPROVEMENTS KEYNOTES UTILITY PLAN N EXISTING IMPROVEMENTS KEYNOTES

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

March 13, 2023
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief

PREPARED
BY:

Michael Salvador, Police Chief
SUBJECT: Code Enforcement Update 2022 (Code Enforcement Manager Garcia)

RECOMMENDED COUNCIL ACTION
Receive a presentation from staff on the City's Code enforcement program.

I. BACKGROUND/ANALYSIS:

Receive a presentation from staff on the City's Code enforcement program.

II. FISCAL IMPACTS:

None
III. LEGAL REVIEW:

N/A
IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

None
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

Optional section. Make sure to check numbering of the Sections.

The Public Participation section highlights workshops, mailings, meetings and other

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

Agenda Report - Page 2

public involvement in the project. This would also include public stakeholders, other interested parties, and their respective positions.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

N/A
Prepared by: Daniel Garcia, Code Enforcement Manager
Attachments:

OFFICE OF THE CITY COUNCIL
1160 FIFTH STREET
ATWATER, CA 95301
(209) 357-6300
1 | P a g e
February 27, 2023
Assemblyman Juan Alanis
District Office
1010 Tenth Street, Suite 5800
Modesto, CA 95354
RE: AB 293 – Lifetime Hunting and Sport Fishing Licenses: Gold Star Family Members Dear Assemblyman Alanis,
The City of Atwater is writing in support of the Assembly Bill 293 (AB 293) to allow immediate family members of a Gold Star Family to obtain lifetime fishing and hunting licenses.

We understand that current law requires the Department of Fish and Wildlife to issue lifetime hunting licenses and lifetime sport fishing licenses. Additionally, state law allows the Department of Fish and Wildlife to grant certain lifetime privileges to holders of those licenses upon receipt of a one-time payment of specified fees. Gold Star Family Members are not currently exempt from park pass fees in the State Park System.

This exemption would do more than just honor service members (and their families) who have fallen in the line of duty; it would help provide additional access to healing and therapeutic outdoor activities, historical sites, and museums.

The health benefits to sport fishing/hunting are that it provides full body strength, family bonding time, boosts immune system, improves cardiovascular health, teaches self-reliance, encourages travel, and teaches responsibility. Since the fee for hunting and sport licenses can be a financial burden to most, this exemption would make a great difference to Gold Star families.

For the reasons above, the City of Atwater supports AB 293.

Sincerely,
Mike Nelson
Mayor
MN/sd

OFFICE OF THE CITY COUNCIL
1160 FIFTH STREET
ATWATER, CA 95301
(209) 357-6300
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February 27, 2023
Assemblyman Juan Alanis
District Office
1010 Tenth Street, Suite 5800
Modesto, CA 95354
RE: AB 308 – State Parks: Free Entry and Access: Gold Star Family Members Dear Assemblyman Alanis,
The City of Atwater is writing in support of the Assembly Bill 308 (AB 308) to allow immediate family members of Gold Star Families to obtain free entry into California State Parks.

We understand that current law requires the Department of Parks and Recreation to issue a park pass for free entry into all park facilities in the State Park System to combat wounded veterans and Medal of Honor recipients who are California residents. Gold Star Family Members are not currently exempt from park pass fees in the State Park System.

This exemption would do more than just honor service members (and their families) who have fallen in the line of duty; it would help provide additional access to healing and therapeutic outdoor activities, historical sites, and museums.

Having the opportunity to visit state parks, often, has been proven to significantly improve one’s health, mood, self-esteem, cognitive function, and strength in their community. Since park fees are one of the biggest concerns for most families, this exemption will make a tremendous difference to Gold Star families.

For the reasons above, the City of Atwater supports AB 308.

Sincerely,
Mike Nelson
Mayor
MN/sd

OFFICE OF THE CITY COUNCIL
1160 FIFTH STREET
ATWATER, CA 95301
(209) 357-6300
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March 8, 2023
The Honorable Scott Wiener, Chair
Senate Committee on Housing
1021 O Street, Room 3330
Sacramento, CA 95814
Re: Senate Bill 37: Older Adults and Adults with Disabilities Housing Stability Act of 2023:

Support
Dear Senator Wiener,
On behalf of the City of Atwater, I am pleased to offer our strong support of SB 37, which provides housing subsidies to older adults and adults with disabilities who are experiencing or at risk of experiencing homelessness.

The City of Atwater is a full-service municipal corporation providing a quality of services to approximately 32,000 residents. We are a small-town agricultural community located in the heart of California. Atwater is also a former military town until Castle Air Force Base closed in 1995.

Californians who are older or with disabilities find it increasingly difficult to afford the rapidly rising cost of housing. Many of these Californians live on fixed incomes, such as Supplemental Security Income (SSI), which are inadequate to cover rising rents. With business as usual, homelessness for older adults Californians (at least 65 years of age) is expected to triple between 2017 and 2030. For extremely low-income renters, roughly 8 out of 10 spend more than 50% of their monthly income on rent, placing them at risk of homelessness. People with disabilities comprise about 43% of those experiencing homelessness, and African American households are more than five times as likely to experience homelessness when compared to the general California population.

A key goal of the California Master Plan for Aging is to prevent and end older adult homelessness.

Yet older adult homelessness is projected to increase, and no comprehensive state program exists that provides long-term housing subsidies for older and disabled adults who are on fixed incomes. Meanwhile, Housing Choice Vouchers and other federally subsidized housing programs often take years for applicants to access, since such programs accommodate only a fraction of eligible applicants.

SB 37 would provide a rent subsidy targeted to those older adults and adults with disabilities who are homeless or are at high risk of experiencing homelessness. The bill will establish OAADHSA within HCD to administer and offer competitive grants to nonprofit organizations, continuums of care, and other organizations. HCD will select grantees with the resources, expertise, and cultural specificity to provide assistance to households experiencing or at risk of homelessness. Grants will prioritize communities in which a high proportion of the renters face cost burdens.

Grantees will provide subsidies to help older adults and adults with disabilities remain housed, with subsidies covering the difference between 30% of a person’s household income and the

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unit’s reasonable rent. Such subsidies will likely prevent and end homelessness for thousands of older and disabled adults. Studies show low-income renters accessing housing subsidies are able to remain housed or exit homelessness for good.

For these reasons, SB 37 would further the City of Atwater’s goal of Obtaining funding to provide housing programs for our older adults, adults with disabilities, and veterans within our city. We are proud to support SB 37 and encourage your “aye” vote when it is heard in the Senate Housing Committee.

Best regards,
Mike Nelson, Mayor
City of Atwater
MN/sd