Atwater City Council
April 10, 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
April 10, 2023
CALL TO ORDER: 5:30 PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____

CLOSED SESSION
Adjourn to Conference Room A
• Conference with Legal Counsel - LIABILITY CLAIM (Gov. Code 54956.95): Claimant: Manuel Duran; Agency claimed against: City of Atwater
CALL TO ORDER: 6:00 PM
REGULAR SESSION: (Council Chambers)

City Council Agenda for Meeting of April 10, 2023 Page 2

INVOCATION
Invocation by Josh Davis

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. April 10, 2023
Staff's Recommendation: Approval of warrants as listed.

MINUTES: (Audit and Finance Committee)

2. a) January 23, 2023 - Regular meeting
b) February 27, 2023 - Regular meeting
Staff's Recommendation: Accept minutes as listed.

MINUTES: (City Council)

3. March 27, 2023 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

City Council Agenda for Meeting of April 10, 2023 Page 3

RESOLUTIONS

4. Amending City of Atwater Classification Plan and adopting Salary Schedule D-23 relating to City Engineer (Interim Human Resources Director Sousa)
Staff's Recommendation: Adoption of Resolution No. 3387-23 amending City of Atwater Classification Plan and adopting Salary Schedule D-23 regarding City Engineer job classification.

5. Approving Budget Amendment No. 17 regarding Osborn Park Project 22-06 (Public Works Director Vinson)
Staff's Recommendation: Adopts Resolution No. 3386-23
approving Budget Amendment No. 17 amending Fiscal Year 2022-23 Budget regarding the Osborn Park Improvement Project 22-06 for Five Hundred Thousand Dollars ($500,000).

AGREEMENTS:

6. Approving an Amended and Restated Lease Agreement with Merced County Radio Control Club (Public Works Director Vinson) Staff's Recommendation: Approve Amended and Restated Lease Agreement between Merced County Radio Control Club and City of Atwater,in a form approved by the City Attorney, for real property located at 6205 Bert Crane Road; and Authorize City Manager to execute Amended and Restated Lease Agreement on behalf of the City.

7. Ratifying a Purchase Agreement (Purchase Order) for two (2) new fire department command vehicles to Hedrick's Chevrolet of Fresno, California (CAL FIRE Battalion Chief Ayuso)
Staff's Recommendation: Ratifies a Purchase Agreement
(Purchase Order), in a form approved by the City Attorney, with Hedrick's Chevrolet of Fresno, CA for the purchase of two (2) new Fire Command vehicles, in the amount not to exceed $138,538.92.

CALL FOR BIDS:

8. Approving plans and specification and authorizing advertising and calling for bids for Atwater Boulevard and First Street Traffic Signal Project (Public Works Director Vinson)
Staff's Recommendation: Approves the plans and specifications and authorizes advertising and calling for bids for the Atwater Boulevard and First Street Traffic Signal, Project Number 18-2, Bid Call Number 716-22.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

9. Adoption of an Ordinance amending certain sections of Chapter 17.69 “Sign Regulations,” of the Atwater Municipal Code (Community Development Director Thompson)
Staff's Recommendation: Adopts an ordinance amending certain sections of Chapter 17.69 “Sign Regulations,” of the Atwater Municipal Code.

City Council Agenda for Meeting of April 10, 2023 Page 4

10. Adoption of an Ordinance Approving Zone Change No. 22-24-0400 located along the south side of Commerce Avenue, adopting an Initial Study and Mitigated Negative Declaration and adopting a resolution approving a site plan and architectural review to develop four vacant parcels (Senior Planner Rashe)
Staff's Recommendation: Adopts Ordinance No. CS 1060
Approving Zone Change No. 22-24-0400 located along the south side of Commerce Avenue, adopts an Initial Study and Mitigated Negative Declaration; and adopts Resolution No. 3388-23 Approving a site plan and architectural review to develop four vacant parcels located along the south side of Commerce Avenue.
***END OF CONSENT CALENDAR***

PUBLIC HEARINGS

11. Adopting Resolution Amending Resolution No. 2145-06 Declaring Certain Roads to be Subject to Public Traffic Regulations (Police Chief Salvador)
Staff's Recommendation: Open the public hearing and take any testimony given;
Close the public hearing;
Motion to adopt Resolution No. 3381-23, amending Resolution No. 2145-06 declaring certain roads to be subject to public traffic regulations.

Motion to approve staff's recommendation as presented.

12. Waiving the first reading, by title only and introducing an Ordinance amending Sections 5.54.120 and 5.54.130 and Adding Sections

5.54.150, 5.54.160, 5.54.170, 5.54.180, 5.54.190, and 5.54.200 to the Atwater Municipal Code Regarding Fireworks, and Determing the Ordinance to be Exempt from CEQA(CAL FIRE Battalion Chief Ayuso and Police Chief Salvador)
Staff's Recommendation: Open the public hearing and take any testimony given;
Close the public hearing; and,
Motion to waive the first reading, by title only, and introduce Ordinance No. CS 1062 amending Sections 5.54.120 and 5.54.130 and Adding Sections 5.54.150, 5.54.160, 5.54.170, 5.54.180,

5.54.190, and 5.54.200 to the Atwater Municipal Code Regarding Fireworks, and Determining the Ordinance to be Exempt from CEQA; or

City Council Agenda for Meeting of April 10, 2023 Page 5 Motion to approve staff's recommendation as presented.

REPORTS AND PRESENTATIONS FROM STAFF:

13. Awarding a General Construction Agreement with Phase One Construction for the Installation of the Bathrooms at Osborn Park (Public Works Director Vinson)
Staff's Recommendation: Motion to award a General Construction Agreement, in a form approved by the City Attorney, to Phase One Construction of Atwater, California, for the Installation of the Osborn Park Bathrooms, City Project 22-05, in an amount not to exceed $74,327.00 and authorize construction contract change orders up to an aggregate amount of $7,432.70 (10%); and authorize and direct the City Manager to execute all contract documents on behalf of the City; or
Motion to approve staff's recommendation as presented.

14. Accepting City of Atwater’s audited Financial Statements and Single Audit for Fiscal Year ended June 30, 2022 (City Manager Waterman and Finance Director Youmara)
Staff's Recommendation: Motion to accept the City of Atwater’s audited Financial Statements and Single Audit for Fiscal Year ended June 30, 2022; or
Motion to approve staff’s recommendation as presented.

CITY MANAGER REPORTS/UPDATES:

15. City Manager Updates

COMMENTS FROM THE PUBLIC

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

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

City Council Agenda for Meeting of April 10, 2023 Page 6

CLOSED SESSION
Continuation of Closed Session if necessary

ADJOURNMENT
In Memory of George Sziraki
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
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
Easter 6:00 PM
City Council Meeting -
GPTAC - 6:00 PM
Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
Sunday Monday Tuesday Wednesday Thursday Friday Saturday GPTAC - 6:00 PM
6:00 PM
City Council Meeting -
Planning Commission
Mother's Day Meeting - 6:00 PM
Committee Meeting - District 3
6:00 PM
Audit & Finance Merced County
Supervisor McDaniel
City Holiday
Trash pick up delayed
1 day
Observed
~ May 2023 ~
City Council Meeting - Office Hours -
4:30 PM
1:30 PM - 3:30 PM
Memorial Day

WARRANTS SUMMARY FOR APRIL 10 2023

TOTAL OF WARRANTS (FROM WARRANT REPORT)

PREWRITTENS INCLUDED IN THIS WARRANT RUN

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

DATE DESCRIPTION AMOUNT
$ 1,761,207.10
$ 5,522.20
3/27/2023 PNC Bank
3/27/2023 APOA Union Dues
3/27/2023 AFSCME District Council 57
$ 4,033.00
$ 2,342.60
$ 952.98
3/27/2023 State Disbursement - Child Support $ 473.98
3/27/2023 AFLAC - March 2023 $ 542.37
3/27/2023 PERS Retirement EFT 3/2/23 - 3/15/23 $ 50,897.49 3/30/2023 Retiree Medical Reimbursement - April 2023 $ 34,587.65 4/4/2023 PERS Health - April 2023 $ 114,301.47
3/27/2023 First American Title Company $ 35,084.00
4/5/2023 Orange Coast Title Company $ 603,472.31
TOTAL ADDITIONAL WARRANTS $ 846,687.85 $ 846,687.85
GRAND TOTAL OF WARRANTS PAID $ 2,613,417.15

INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL)

DATE DESCRIPTION AMOUNT
3/23/2023 Net Payroll $ 174,129.35 $ 238,435.26
3/23/2023 Federal Taxes $ 57,789.32
3/23/2023 State Taxes $ 6,516.59
3/23/2023 Payroll Deductions $ 968.44
TOTAL INFORMATIONAL WARRANTS $ 239,403.70
CITY TREASURER ~``

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
4/6/2023 - 10:53 AM
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('heck \umher ('heck Date Fund Name Account Name Vendor Name Void :\.mount 22124 03/27/2023 Sewer Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARD 175. 1 1 Check Total: 175.1 1
22125 03/27/2023 Water Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARC 238.02 Check Total: 238.02
22126 03/30/2023 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 696.43 Check Total: 696.43
22127 03/30/2023 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 263.42 Check Total: 263.42
22128 03/30/2023 Employee Benefits Fund Health Insurance, Retirees LORIN MANN 1,209.38 Check Total: 1,209.38
22129 03/30/2023 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 691.69 Check Total: 691.69
22130 03/30/2023 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 29.71 Check Total: 29.71
22131 03/27/2023 General Fund Garnishments FRANCHISE TAX BOARD 210.00 Check Total: 210.00
22132 03/27/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 22132 03/27/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 33.59 Check Total: 67.18
22133 03/27/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 345.63 22133 03/27/2023 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 345.63 AP-Checks Ihr Approval (4/6/2023 - 10:53 AM) Page!

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 691.26
22134 03/27/2023 General Fund Training MARIN CONSULTING ASSOCIATES 375.00 22134 03/27/2023 General Fund Training MARIN CONSULTING ASSOCIATES 250.00 22134 03/27/2023 General Fund Training MARIN CONSULTING ASSOCIATES 250.00 22134 03/27/2023 General Fund Training MARIN CONSULTING ASSOCIATES 375.00 Check Total: 1,250.00
Report Total: 5,522.20
AP-Checks for Approval (4/6/2023 - 10:53 AM) Page 2

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
4/6/2023 - 10:55 AM
I, of
twater
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 04/10/2023 General Fund Office Supplies QUADIENT FINANCE USA, INC. 501.00 0 04/10/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 85,000.00 0 04/10/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 55,000.00 0 04/10/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 40,030.73 0 04/10/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 191,340.60 0 04/10/2023 Public Safety Trans & Use Tax Rents & Leases U.S. BANK EQUIPMENT FINANCE 1,674.65 Check Total: 373,546.98
22135 04/10/2023 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 2,500.00 22135 04/10/2023 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 102.11 22135 04/10/2023 General Fund Professional Services A.M. PECHE & ASSOC. LLC 350.00 22135 04/10/2023 General Fund Professional Services A.M. PECHE & ASSOC. LLC 50.00 Check Total: 3,002.11
22136 04/10/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 170.01 22136 04/10/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 56.67 Check Total: 226.68
22137 04/10/2023 Water Enterprise Fund Professional Services ABS PRESORT, INC. 1,000.19 22137 04/10/2023 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 1,000.19 22137 04/10/2023 Sanitation Enterprise Fund Professional Services ABS PRESORT, INC. 1,000.19 22137 04/10/2023 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,200.00 22137 04/10/2023 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,200.00 22137 04/10/2023 Sanitation Enterprise Fund Office Supplies ABS PRESORT, INC. 1,200.00 Check Total: 6,600.57
22138 04/10/2023 General Fund Professional Services AG TOWING AND TRANSPORT 520.00 Check Total: 520.00
22139 04/10/2023 Internal Service Fund Special Departmental Expense AIR DELIGHTS, INC. 274.58 Check Total: 274.58
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AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void .A f1O1111t 22140 04/10/2023 General Fund Professional Services ALLWAYS TOWING, L.L.C. 260.00 Check Total: 260.00
22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 13.63 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 30.62 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 32.42 22141 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 13.78 22141 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 21.60 22141 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 2.84 2244-1- 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.23 22141 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 30.24 22141 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 22.43 22141 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.19 22141 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 12.98 22141 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 89.19 22141 04/10/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.55 22141 04/10/2023 General Fund Communications AMAZON CAPITAL SERVICES 389.69 22141 04/10/2023 General Fund Communications AMAZON CAPITAL SERVICES 381.12 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 216.40 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 192.78 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 167.40 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 29.76 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 258.53 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 216.40 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 8.65 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 5.39 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 203.98 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 86.48 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 165.50 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.73 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.71 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 195.17 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 93.83 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 8.52 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 109.32 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 545.58 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 38.94 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 7.57 22141 04/10/2023 General Fund Fire Marshal Supplies AMAZON CAPITAL SERVICES 227.28 22141 04/10/2023 General Fund Donations AMAZON CAPITAL SERVICES 50.88 22141 04/10/2023 General Fund Donations AMAZON CAPITAL SERVICES 133.74 22141 04/10/2023 General Fund Donations AMAZON CAPITAL SERVICES 54.11 22141 04/10/2023 General Fund Donations AMAZON CAPITAL SERVICES 142.65 AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 2

Check Number Check I)ate Fund Name Account Name Vendor Name Void Amount 22141 04/10/2023 General Fund Donations AMAZON CAPITAL SERVICES 324.70 22141 04/10/2023 General Fund Donations AMAZON CAPITAL SERVICES 19.47 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 10.72 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 43.09 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 100.78 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 25.84 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 58.16 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 105.38 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 527.18 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 26.88 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 8.60 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 64.62 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 65.20 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 9.68 22141 04/10/2023 General Fund Operations & Maintenance AMAZON CAPITAL SERVICES 150,82 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.62 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 63.92 22141 04/10/2023 General Fund Track Meet AMAZON CAPITAL SERVICES 41.72 22141 04/10/2023 General Fund Track Meet AMAZON CAPITAL SERVICES 6.43 22141 04/10/2023 General Fund Coed Volleyball AMAZON CAPITAL SERVICES 4.93 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 70.36 22141 04/10/2023 General Fund Easter Egg Hunt AMAZON CAPITAL SERVICES 93.87 22141 04/10/2023 General Fund Easter Egg Hunt AMAZON CAPITAL SERVICES 26.24 22141 04/10/2023 General Fund Easter Egg Hunt AMAZON CAPITAL SERVICES 25.96 22141 04/10/2023 General Fund Easter Egg Hunt AMAZON CAPITAL SERVICES 80.06 22141 04/10/2023 General Fund Easter Egg Hunt AMAZON CAPITAL SERVICES 24.84 22141 04/10/2023 General Fund Easter Egg Hunt AMAZON CAPITAL SERVICES 8.65 22141 04/10/2023 General Fund Easter Egg I-lunt AMAZON CAPITAL SERVICES 21.42 22141 04/10/2023 General Fund Easter Egg Hunt AMAZON CAPITAL SERVICES 63.60 22141 04/10/2023 General Fund Special Events AMAZON CAPITAL SERVICES 49.46 22141 04/10/2023 General Fund Special Events AMAZON CAPITAL SERVICES 21.64 22141 04/10/2023 General Fund Various Classes AMAZON CAPITAL SERVICES 32.46 22141 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 119.02 22141 04/10/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 14.04 22141 04/10/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 59.25 22141 04/10/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 63.89 22141 04/10/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 113.60 22141 04/10/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 382.71 22141 04/10/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 30.30 22141 04/10/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 64.94 22141 04/10/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 64.94 22141 04/10/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 182.89 22141 04/10/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 19.47 22141 04/10/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 46.54 AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 3

( hcck \uu►hcr ('heck I)atc Fund Name Account Name Vendor Name Void Amount 22141 04/10/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 456.15 22141 04/10/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 108.20 22141 04/10/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 69.20 22141 04/10/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 10.81 22141 04/10/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 726.83 22141 04/10/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 12.98 22141 04/10/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES -13.63 Check Total: 9,081.24
22142 04/10/2023 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK 89.20 22142 04/10/2023 Internal Service Fund Professional Services ASSOCIATES LOCK 1 10.00 Check Total: 199.20
22143 04/10/2023 Internal Service Fund Professional Services ATWATER GLASS 110.00 Check Total: 110.00
22144 04/10/2023 Internal Service Fund Professional Services BAUER COMPRESSORS 280.00 22144 04/10/2023 Internal Service Fund Operations & Maintenance BAUER COMPRESSORS 343.01 Check Total: 623.01
22145 04/10/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 425.04 22145 04/10/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,640.84 22145 04/10/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 772.40 Check Total: 2,838.28
22146 04/10/2023 General Fund Professional Services BEST BEST & KRIEGER 11,611.08 22146 04/10/2023 Risk Management Fund Professional Services BEST BEST & KRIEGER 6,978.50 Check Total: 18,589.58
22147 04/10/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 91.40 22147 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 319.97 22147 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 11.09 22147 04/10/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 194.44 22147 04/10/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 67.68 22147 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 31.25 22147 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 4.90 22147 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 48.09 22147 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 136.12 22147 04/10/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 129.48 22147 04/10/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 37.12 22147 04/10/2023 Mello Ranch 2 LD Special Departmental Expense BIG CREEK LUMBER COMPANY 87.34 22147 04/10/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 110.53 AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 4

('heck \umher Check Date Fund Name Account Name Vendor Name Void AIlIOunt 22147 04/10/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 23.24 22147 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY -39.09 Check Total: 1,253.56
22148 04/10/2023 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 22148 04/10/2023 Internal Service Fund Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 400.00
22149 04/10/2023 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 850.88 Check Total: 850.88 '-
22150 04/10/2023 Sewer Enterprise Fund Special Departmental Expense JIM BRISCO ENTERPRISES 1,425.00 Check Total: 1,425.00
22151 04/10/2023 Sewer Enterprise Fund Professional Services BSK ASSOCIATES 7,250.00 22151 04/10/2023 Sewer Enterprise Fund Professional Services BSK ASSOCIATES 2,400.00 22151 04/10/2023 Sewer Enterprise Fund Professional Services BSK ASSOCIATES 922.50 22151 04/10/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 22151 04/10/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 178.50 22151 04/10/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 22151 04/10/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 22151 04/10/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 58.50 22151 04/10/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 22151 04/10/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 22151 04/10/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 Check Total: 13,173.50 1
22152 04/10/2023 Water Enterprise Fund Professional Services C B MERCHANT SERVICES 76.78 22152 04/10/2023 Sewer Enterprise Fund Professional Services C B MERCHANT SERVICES 80.69 22152 04/10/2023 Sanitation Enterprise Fund Professional Services C B MERCHANT SERVICES 37.71 Check Total: 195.18
22153 04/10/2023 General Fund Special Departmental Expense CAL FARM SERVICES 14.83 22153 04/10/2023 General Fund Professional Services CAL FARM SERVICES 48.00 22153 04/10/2023 General Fund Special Departmental Expense CAL FARM SERVICES 67.09 22153 04/10/2023 General Fund Professional Services CAL FARM SERVICES 126.40 22153 04/10/2023 Sewer Enterprise Fund Special Departmental Expense CAL FARM SERVICES 94.80 22153 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 27.1 1 22153 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 29.66 Check Total: 407.89
22154 04/10/2023 General Fund Maint. Buildings & Grounds CALIFORNIA LANDSCAPE SUPPLY, INC. 1,245.19 AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Vold Amount Check Total: 1,245.19
22155 04/10/2023 General Fund Professional Services CENTRAL VALLEY FORENSIC NURSING SPEC 1,000.00 Check Total: 1,000.00
22156 04/10/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 22156 04/10/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 6.49 22156 04/10/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 22156 04/10/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 22156 04/10/2023 General Fund Uniform & Clothing Expense CINTAS 21.34 22156 04/10/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 35.81 22156 04/10/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 22156 04/10/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 Check Total: 245.62
22157 04/10/2023 Internal Service Fund Communications COMCAST CABLE 13.28 Check Total: 13.28
22158 04/10/2023 Public Safety Trans & Use Tax Machinery & Equipment COMMERCIAL ELECTRONICS CORP 500.00 22158 04/10/2023 Public Safety Trans & Use Tax Machinery & Equipment COMMERCIAL ELECTRONICS CORP 54,918.52 Check Total: 55,418.52
22159 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORS 1,597.77 Check Total: 1,597.77
22160 04/10/2023 General Fund Community Center I)cposits ANISA COTA 350.00 Check Total: 350.00
22161 04/10/2023 Internal Service Fund Professional Services DELRAY TIRE 40.00 22161 04/10/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 12.94 22161 04/10/2023 Internal Service Fund Professional Services DELRAY TIRE 144.20 22161 04/10/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 12.92 22161 04/10/2023 Internal Service Fund Professional Services DELRAY TIRE 302.95 22161 04/10/2023 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,458.13 Check Total: 1,971.14
22162 04/10/2023 General Fund Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 772,573.53 22162 04/10/2023 Public Safety Trans & Use Tax Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 142,252.86 Check Total: 914,826.39
22163 04/10/2023 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT -277.20 "-
AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 6

Check Number Check Date Fund Name ACCI►nnt lame Vendor Nam& Void Amount 22163 04/10/2023 General Fund SR 1 186 Fees-Business License DIVISION OF THE STATE ARCI IITECT 308.00 Check Total: 30.80
22164 04/10/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 73.58 22164 04/10/2023 General Fund Uniform & Clothing Expense ELITE. UNIFORMS 30.31 Check Total: 103.89
22165 04/10/2023 General Fund Castle Park Deposits VANESSA ESPINOZA 200.00 Check Total: 200.00
22166 04/10/2023 General Fund Special Departmental Expense ETCH THIS AND THAT 64.55 Check Total: 64.55
22167 04/10/2023 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 196.39 22167 04/10/2023 Sewer Enterprise Fund Uniform & Clothing Expense FASTENAL COMPANY 67.41 22167 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense FASTENAL COMPANY 17.14 22167 04/10/2023 Sewer Enterprise Fund Machinery & Equipment FASTENAL COMPANY 1 1,934.55 Check Total: 12,215.49
22168 04/10/2023 General Fund Office Supplies FEDERAL EXPRESS 147.38 22168 04/10/2023 General Fund Office Supplies FEDERAL EXPRESS 87.03 Check Total: 234.41
22169 04/10/2023 General Fund Professional Services FENCE BUILDERS INC. 800.00 22169 04/10/2023 Water Enterprise Fund Special Departmental Expense FENCE BUILDERS INC. 2,750.00 Check Total: 3,550.00
22170 04/10/2023 Water Fund Capital Replacement Hydrant Replacement FERGUSON ENTERPRISES INC. #690 525.05 22170 04/10/2023 Water Fund Capital Replacement Installation-New Water Meters FERGUSON ENTERPRISES INC. #690 22.84 Check Total: 547.89
22171 04/10/2023 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 FRESNO ROOFING COMPANY, INC. 7,500.00 22171 04/10/2023 Internal Service Fund Professional Services FRESNO ROOFING COMPANY, INC. 10,750.00 Check Total: 18,250.00
22172 04/10/2023 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 80.58 Check Total: 80.58
22173 04/10/2023 Water Enterprise Fund Accounts Payable RAYMOND HANSEN 205.72 22173 04/10/2023 Sewer Enterprise Fund Accounts Payable RAYMOND HANSEN 244.25 22173 04/10/2023 Sanitation Enterprise Fund Accounts Payable RAYMOND HANSEN 101.75 AP-Chccks for Approval (4/6/2023 - 10:55 AM) Page 7
-

Check Number (:heck I)ate Fund Name Account Name \ cndor Name Void amount 22173 04/10/2023 Sanitation Enterprise Fund Accounts Payable RAYMOND HANSEN 54.24 Check Total: 605.96
22174 04/10/2023 Public Safety Trans & Use Tax Machinery & Equipment 1-IEDRICK'S CHEVROLET 65,953.13 22174 04/10/2023 Public Safety Trans & Use Tax Machinery & Equipment HEDRICK'S CHEVROLET 72,085.49 Check Total: 138,038.62
22175 04/10/2023 Sanitation Enterprise Fund Professional Services HF&H CONSULTANTS 2,310.00 Check Total: 2,310.00
22176 04/10/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 55.00 22176 04/10/2023 Internal Service Fund Utilities HOFFMAN ELECTRONIC SYSTEMS 830.80 Check Total: 885.80
22177 04/10/2023 General Fund Maint. Buildings & Grounds HORIZON 802.96 22177 04/10/2023 General Fund Special Departmental Expense HORIZON 58.39 Check Total: 861.35
22178 04/10/2023 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 550.00 Check Total: 550.00
22179 04/10/2(123 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 771.79 Check Total: 771.79
22180 04/10/2023 General Fund Travel/Conferences/Meetings MICIIELLE JOYNER 127.58 Check Total: 127.58
22181 04/10/2023 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 372.35 22181 04/10/2023 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 11.90 Check Total: 384.25
22182 04/10/2023 General Fund Training LA BODEGA FURNITURE LLC 307.50 22182 04/10/2023 General Fund Improvements Other Than Bldg LA BODEGA FURNITURE LLC 775.00 Check Total: 1,082.50
22183 04/10/2023 Internal Service Fund Operations & Maintenance LAMPLINE LIGHTING INC 59.95 Check Total: 59.95
22184 04/10/2023 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 76.33 22184 04/10/2023 Sewer Enterprise Fund Special Departmental Expense LATTA'S AUTO SUPPLY 75.29 '-
--
-
-
-
AP-Checks Approval (4/6/2023 - 10:55 AM) Page 8

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 151.62
221.85 04/10/2023 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 621.46 Check Total: 621.46
22186 04/10/2023 General Fund Community Center Deposits AMY MARTIN 210.00 Check Total: 210.00
22187 04/10/2023 General Fund Travel/Conferences/Meetings JANELL MARTIN 243.87 Check Total: 243.87
22188 04/10/2023 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 33.78 Check Total: 33.78
22189 04/10/2023 General Fund Men's Summer Softball MCNAMARA SPORTS 138.41 Check Total: 138.41
22190 04/10/2023 General Fund Youth Basketball MERCED AREA SPORTS OFFICIALS, INC 580.00 22190 04/10/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 150.00 Check Total: 730.00
22191 04/10/2023 Internal Service Fund Professional Services MERCED CHEVROLET 390.00 22191 04/10/2023 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 562.71 Check Total: 952.71
22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 371.52 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 228.60 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 396.06 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 197.17 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 397.78 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 276.81 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 239.79 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 350.86 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 267.77 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 476.99 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 274.66 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 463.65 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 489.91 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 309.96 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 504.12 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 289.30 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 195.88 AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 9
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Check Number Check Date Fund Name Account Name Vendor Numc Void Amount 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 279.83 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 324.17 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 262.61 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 263.04 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 313.40 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 293.60 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 244.95 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 19.00 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 33.58 22192 04/L012023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 277.24 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 263.90 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 279.39 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 281.55 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 279.83 22192 04/10/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 350.86 Check Total: 9,497.78
22193 04/10/2023 Water Enterprise Fund Professional Services MERCED IRRIGATION DISTRICT- UGSA 5.30 Check Total: 5.30
22194 04/10/2023 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIP. 375.23 Check Total: 375.23
22195 04/10/2023 General Fund Travel/Conferences/Meetings NATIONAL ASSOCIATION OF TOWN WATCII N. 35.00 Cheek Total: 35.00
22196 04/10/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 903.15 Check Total: 903.15
22197 04/10/2023 Internal Service Fund Professional Services NVB EQUIPMENT, INC. 262.50 22197 04/10/2023 Internal Service Fund Operations & Maintenance NVB EQUIPMENT, INC. 184.92 Check Total: 447.42
22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 416.51 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 83.57 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 403.55 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -64.95 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 1.57 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 84.42 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 16.97 22198 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 18.39 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 78.13 AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 10
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILI_Y AUTO PARTS -329.13 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 28.52 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 34.36 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 1,020.09 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 5.40 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 2.97 22198 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS -68.19 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 3.75 22198 04/10/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 376.56 Check Total: 2,112.49
22199 04/10/2023 Internal Service Fund Professional Services PACIFIC BAY EQUIPMENT 397.90 22199 04/10/2023 Internal Service Fund Operations & Maintenance PACIFIC BAY EQUIPMENT 8.34 Check Total: 406.24
22200 04/10/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 894.75 22200 04/10/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 320.25 22200 04/10/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 155.36 22200 04/10/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 22,628.18 22200 04/10/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 1,755.05 22200 04/10/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 26.29 22200 04/10/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 3,045.11 22200 04/10/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 2,554.14 22200 04/10/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 5,079.42 22200 04/10/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 104.08 22200 04/10/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 26.84 22200 04/10/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 16, 702.00 22200 04/10/2023 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 1,561.81 22200 04/10/2023 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 254.72 22200 04/10/2023 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 33.37 22200 04/10/2023 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 13.22 22200 04/10/2023 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 44.11 22200 04/10/2023 Woodhaven I.D Utilities PACIFIC GAS & ELECTRIC 14.56 22200 04/10/2023 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 2,840.76 22200 04/10/2023 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 178.21 22200 04/10/2023 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 1,157.66 22200 04/10/2023 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 23.81 22200 04/10/2023 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 21.17 22200 04/10/2023 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 14.82 22200 04/10/2023 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 1,501.05 22200 04/10/2023 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 140.56 22200 04/10/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 27,823.35 22200 04/10/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 4,287.13 AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 11

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22200 04/10/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 5,566.90 Check Total: 98,768.68
22201 04/10/2023 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 1,160.51 22201 04/10/2023 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 4,627.84 Check Total: 5,788.35
22202 04/10/2023 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 45.47 Check Total: 45.47
22203 04/10/2023 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 12,328.60 Check Total: 12,328.60
22204 04/10/2023 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 1 ,729.50 22204 04/10/2023 Sewer Enterprise Fund Sewer Lift Station Imprvmnts QUAD KNOPF 1,387.00 Check Total: 3,116.51)
22205 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 187.75 22205 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 943.94 Check Total: 1,131.69
22206 04/10/2023 General Fund Professional Services SANTA FE PET HOSPITAL 227.50 22206 04/10/2023 General Fund Professional Services SANTA FE PET HOSPITAL 157.70 22206 04/10/2023 General Fund Professional Services SANTA FE PET HOSPITAL 190.50 22206 04/10/2023 General Fund Professional Services SANTA FE PET HOSPITAL 232.25 22206 04/10/2023 General Fund Professional Services SANTA FE PET HOSPITAL 307.94 22206 04/10/2023 General Fund Professional Services SANTA FE PET HOSPITAL 148.50 Check Total: 1,264,39
22207 04/10/2023 General Fund Training DAVE SARGINSON 259.00 Check Total: 259.00
22208 04/10/2023 General Fund Professional Services SELF-HELP ENTERPRISES 1,500.00 22208 04/10/2023 General Fund Professional Services SELF-HELP ENTERPRISES 1,250.00 Check Total: 2,750.00
22209 04/10/2023 Sewer Enterprise Fund Special Departmental Expense SI IANNON PUMP CO. 303.43 Check Total: 303.43
22210 04/10/2023 Sewer Enterprise Fund Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 269.42 22210 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 1,077.60 AP-Chccks for Approval (4/6/2023 - 10:55 AM) Page 12
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22210 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 137.92 22210 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 301.75 Check Total: 1,786.69
22211 04/10/2023 Internal Service Fund Professional Services STATE PRO BUILDERS INC. 3,380.00 Check Total: 3,380.00
22212 04/10/2023 Gas Tax/Street Improvement Special Departmental Expense SUNBELT RENTALS 98.05 Check Total: 98.05
22213 04/10/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,205.04 22213 04/10/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,199.47 22213 04/10/2023 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 427.37 Check Total: 2,831.88
22214 04/10/2023 General Fund Professional Services TAKIN TOWING 715.00 Check Total: 715.00
22215 04/10/2023 General Fund Office Supplies THE SIGN GUYS 118.53 Check Total: 118.53
22216 04/10/2023 General Fund Professional Services TNB TOWING & RECOVERY 650.00 Check Total: 650.00
22217 04/10/2023 Water Enterprise Fund Professional Services TWO BROTIIERS CATHODIC SERVICES 1,250.00 Check Total: 1,250.00
22218 04/10/2023 Internal Service Fund Operations & Maintenance VAN DE POL 12,170.28 Check Total: 12,170.28
22219 04/10/2023 General Fund Communications VERIZON WIRELESS 560.16 Check Total: 560.16
22220 04/10/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,116.33 Check Total: 1,116.33
22221 04/10/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 75.35 22221 04/10/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 35.67 Check Total: 1 11 .02
22222 04/10/2023 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 449.39 AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 13
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22222 04/10/2023 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 3.22 22222 04/10/2023 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 267.22 Check Total: 719.83
22223 04/10/2023 Sewer Enterprise Fund Professional Services WEST YOST & ASSOCIATES 1 ,872.00 Check Total: 1,872.00
22224 04/10/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 5.20 Check Total: 5.20
Report Total: 1,761,207.10
AP-Checks for Approval (4/6/2023 - 10:55 AM) Page 14

CITY OF ATWATER

REGULAR MEETING

AUDIT AND FINANCE COMMITTEE

ACTION MINUTES
January 23, 2023
The City of Atwater Audit and Finance Committee met in Regular Session this date at 4:38 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Committee Chair Ambriz presiding.

PLEDGE OF ALLEGIANCE OF THE FLAG: Deferred to Regular Council Meeting.

ROLL CALL:

Present:

Absent:

Staff Present:

Committee Chair Ambriz, Committee Vice Chair Nelson,
Committee Member Borba
City Manager Waterman
Finance Director Youmara
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: Vice Chair Nelson moved to approve the agenda as posted. The motion was seconded by Committee Member Borba and the vote was: Ayes: Nelson, Borba, Ambriz; Noes: None. The motion passed.

SUBSEQUENT NEED ITEMS:

None to report.

MINUTES:

Nomination and Appointment of Audit and Finance Committee Chairperson The Audit and Finance Committee, after opening and closing the nomination period by roll call vote of nominees first nominated Committee Member Mike Nelson. The nomination did not pass, and the vote was: Ayes: Ambriz Noes: Nelson, Borba.

Committee Member Danny Ambriz was nominated second and he was nominated and appointed to serve as Chairperson, the term of one (1) year, ending December 31, 2023. The vote was Ayes: Nelson, Borba Noes: Ambriz. The nomination passed.

Audit and Finance Committee Minutes for January 23, 2023 Page 2 Nomination and Appointment of Audit and Finance Committee Vice Chairperson The Audit and Finance Committee, after opening and closing the nomination period by roll call vote of nominees in motion nominated and appointed Committee Member Mike Nelson to serve as Vice Chairperson, the term of one (1) year, ending December 31, 2023. The vote was: Ayes: Ambriz, Nelson, Borba Noes: None. The nomination passed.

December 12, 2022 - Regular meeting
MOTION: Vice Chair Nelson moved to approve the minutes as listed. The motion was seconded by Committee Member Borba and the vote was:

Ayes: Borba, Button, Ambriz Noes: None. The motion passed.

FUNDING AND BUDGET MATTERS:

Treasurer's Report for the month ending November 30, 2022 (City Treasurer Borba) MOTION: Committee Vice Chair Nelson moved to approve the November 30, 2022 Treasurer's Report as listed. The motion was seconded by Committee Chair Ambriz and the vote was: Ayes: Nelson, Ambriz; Noes: None. The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Verbal presentation on MuniServices' 3
rd Quarter 2022 Report on Sales Tax and
Business Activity for the City of Atwater. (Finance Director Youmara) Finance Director Youmara updated Committee on MuniServices' 3 rd Quarter 2022
Report on Sales Tax and Business Activity for the City of Atwater.

No action requested. Informational item only.

COMMENTS FROM THE PUBLIC:

No one came forward to speak.

COMMITTEE MEMBER COMMENTS:

None to report.

Audit and Finance Committee Minutes for January 23, 2023 Page 3 ADJOURNMENT:

Committee Chair Ambriz adjourned the meeting at 4:54 PM.

By: Delila Youmara
Finance Director

CITY OF ATWATER

REGULAR MEETING

AUDIT AND FINANCE COMMITTEE

ACTION MINUTES
February 27, 2023
The City of Atwater Audit and Finance Committee met in Regular Session this date at 4:35 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Committee Chair Ambriz presiding.

PLEDGE OF ALLEGIANCE OF THE FLAG: Deferred to Regular Council Meeting.

ROLL CALL:

Present:

Absent:

Staff Present:

Committee Chair Ambriz, Committee Vice Chair Nelson,
Committee Member Borba
City Manager Waterman
Finance Director Youmara
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: Vice Chair Nelson moved to approve the agenda as posted. The motion was seconded by Committee Member Borba and the vote was: Ayes: Nelson, Borba, Ambriz; Noes: None. The motion passed.

SUBSEQUENT NEED ITEMS:

None to report.

MINUTES:

January 23, 2023 - Regular meeting
MOTION: Vice Chair Nelson moved to approve the minutes as listed. The motion was seconded by Committee Member Borba and the vote was:

Ayes: Borba, Nelson, Ambriz Noes: None. The motion passed.

Audit and Finance Committee Minutes for February 27, 2023 Page 2 FUNDING AND BUDGET MATTERS:

Treasurer's Report for the month ending January 31, 2023 (City Treasurer Borba) MOTION: Committee Vice Chair Nelson moved to approve the January 31, 2023 Treasurer's Report as listed. The motion was seconded by Committee Chair Ambriz and the vote was: Ayes: Nelson, Ambriz; Noes: None. The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Verbal report providing an overview of the January 2023 U.S. Retail Sales, provided by the State of California Legislative Analyst's Office. (Finance Director Youmara)
Finance Director Youmara gave an overview of the January 2023 U.S. Retail Sales report provided by the State of California Legislative Analyst's Office.

No action requested. Informational item only.

COMMENTS FROM THE PUBLIC:

No one came forward to speak.

COMMITTEE MEMBER COMMENTS:

Committee Member Borb,a as President of Atwater Ag Boosters, informed the public of the upcoming Prime Rib Dinner and Auction Fundraiser on Saturday, March 11
th
• The fundraiser benefits the Ag Departments for both high schools.

Committee Member Borba had individual and table tickets available for purchase.

Audit and Finance Committee Minutes for February 27, 2023 Page 3 ADJOURNMENT:

Committee Chair Ambriz adjourned the meeting at 4:47 PM. '
By: Delilah Youmara
Finance Director

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
March 27, 2023
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.

ROLL CALL:

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

Absent: City Council Member Ambriz
Staff Present: City Manager Waterman, City Attorney Splendorio, Public Works Director Vinson, 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 to Conference Room A for Closed Session at 5:31 PM. Closed Session was called to order at 5:35 PM.

Conference with Legal Counsel - WORKERS’ COMPENSATION LIABILITY CLAIM (Gov.

Code 59465.95): Claimant: John Smothers; Agency claimed against: City of Atwater Closed Session adjourned at 5:39 PM.

City Council Meeting Action Minutes for March 27, 2023 Page 2 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 Bill Lawrence.

PLEDGE OF ALLEGIANCE TO THE FLAG:

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

ROLL CALL: (City Council)

Present: City Council Members Ambriz, Button, Cale, Mayor Pro Tem Raymond, Mayor Nelson
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, Senior Planner Rashe, City Clerk Billings, Deputy City Clerk Martin
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

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

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

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

PRESENTATIONS:

Monthly report by Merced County District 3 Supervisor McDaniel Merced County District 3 Supervisor McDaniel reported the following:
• Refugio Llamas, Merced County Veteran Service Officer provided an update. • Supervisor McDaniel provided a county wide update via video presentation.

CONSENT CALENDAR:

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

No one came forward to speak.

City Council Meeting Action Minutes for March 27, 2023 Page 3 Mayor Nelson closed the public comment.

Agenda item #5 under Agreements, “Awarding a Purchase Agreement (Purchase Order) to Data Path, Inc. for the purchase of new switches throughout the city” was removed from the Consent Calendar for separate discussion and possible action.

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

The motion passed.

TREASURER’S REPORT:

1. February 28, 2023
ACTION: Approval of report as listed.

WARRANTS:

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

MINUTES: (City Council)

3. March 13, 2023 – Regular Meeting
ACTION: Approval of minutes as listed
RESOLUTIONS:

4. Approving and authorizing the annual Local Transportation Fund (LTF) Claim to be filed with Merced County Association of Governments (MCAG) for CRRSAA Swap Fiscal Year 2022/23 (Community Development Director Thompson) ACTION: Adopts Resolution No. 3384-23, approving and authorizing the annual Local Transportation Fund (LTF) Claim in the amount of $147,135 to be filed with the Merced County Association of Governments (MCAG) for CRRSAA Swap Fiscal Year 2022-23; Authorizes and directs the City Manager to execute the Claim form on behalf of the City; and Adopts Resolution No. 3385-23, approving Budget Amendment No. 16 regarding FY 2022-23 Local Transportation Fund.

AGREEMENTS:

5. Awarding a Purchase Agreement (Purchase Order) to Data Path, Inc. for the purchase of new switches throughout the city (Public Works Director Vinson)

City Council Meeting Action Minutes for March 27, 2023 Page 4 This item was removed from the consent calendar for separate discussion and possible action.

City Council Member asked for clarification regarding the item.

Public Works Director Vinson provided background information on this item.

MOTION: Mayor Pro Tem Raymond moved to approve Agenda item #5; Awards a Cooperative Purchase, Purchase Agreement (Purchase Order), to Data Path, Inc. of Modesto, California, for the purchase of new switches throughout the city, in the combined amount not to exceed $110,916.32; and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City. The motion was seconded by City Council Member Cale and the vote was: Ayes:

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

6. Authorizing Fee Credit Agreement with Sukhdeep Khatra for 1960 Green Sands Avenue Project (Community Development Director Thompson) ACTION: Approves a Fee Credit Agreement, in a form approved by City Attorney, with Sukhdeep Khatra for 1960 Green Sands Avenue Project; and authorizes and directs the City Manager, or her designee, to execute the agreement on behalf of the City.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

7. Adoption of an Ordinance approving Zoning 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) ACTION: Adopts an Ordinance approving Zoning Text Amendment of the City Council amending Title 17, “Zoning,” of the Atwater Municipal Code for Site Plan and Architectural Review.

PUBLIC HEARINGS
Waiving the first reading, by title only and introducing a Zoning Ordinance Text Amendment of the City Council amending certain sections of Chapter 17.69 “Sign Regulations,” 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.

Rich Miller asked regarding other businesses and regulations.

City Council Meeting Action Minutes for March 27, 2023 Page 5 No one else came forward to speak.

Mayor Nelson closed the public hearing.

MOTION: City Council Member Button moved to waive the first reading, by title only, and introduce Ordinance No. CS 1057 amending certain sections of Chapter

17.69 “Sign Regulations,” of the Atwater Municipal Code. 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.

Waiving the first reading, by title only and introducing an Ordinance Approving a Site Plan, Architectural Review and Zone Change No. 22-24-0400 to develop four vacant parcels located along the south side of Commerce Avenue and adopt an Initial Study and Mitigated Negative Declaration (Senior Planner Rashe)
Senior Planner Rashe provided background information on this item.

Mayor Nelson opened the public hearing.

No one came forward.

Mayor Nelson closed the public hearing,
MOTION: Mayor Pro Tem Raymond moved to waive the first reading, by title only, and introduce Ordinance No. CS 1060 approving a Site Plan No. 22-24-0100, Architectural Review No. 22-24-0300 and Zone Change No. 22-24-0400 to develop four vacant parcels located along the south side of Commerce Avenue and adopt an Initial Study and Mitigated Negative Declaration; (APNs: 056-241-012, 056-241- 013, 056-241-014). 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.

REPORTS AND PRESENTATIONS FROM STAFF:

Adopting a Resolution Awarding a Collection Services Agreement and Franchise to Mid Valley Disposal of Kerman, California 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.

Mayor Nelson spoke regarding the educational component that will be provided as well as the 4th of July events.

City Council Member Button asked regarding paper shredding services and whom the residents would call for broken cans.

City Council Meeting Action Minutes for March 27, 2023 Page 6 City Council Member Cale asked regarding recycle program.

City Council Member Button thanked city staff for quickly working on this item.

Mayor Pro Tem Raymond thanked City Manager Waterman, City Attorney Splendorio, Public Works Vinson and Mid Valley Disposal for working so quickly on this item. He also asked regarding those in the city who are hanging signs saying they are performing trash services.

Public Works Director Vinson provided clarification.

City Council Member Ambriz asked for further clarification regarding small business trash haulers. He thanked staff for the work they put in for the contract and made a statement regarding the MOU.

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

Jeannie Knight spoke regarding self-hauling and thanked city staff.

Rich Miller thanked city staff and asked for clarification regarding the one-time pick-up communication and the connection to the Fall and Spring Clean-up.

Public Works Director provided clarification regarding the questions.

MOTION: Mayor Pro Tem Raymond moved to adopt Resolution No. 3382-23 to award a Collection Services Agreement and Franchise to Mid Valley Disposal of Kerman, California for the provision of Residential and Commercial Garbage, Recyclable Material, and Organic Waste Collection Services; and authorizes the Mayor of City of Atwater to execute said agreement. The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Raymond, Button, Nelson; Noes: Ambriz; Absent: None. The motion passed.

Joseph Kalpakoff owner of Mid Valley Disposal came forward to introduce his team and thank the City Council and city staff.

CITY MANAGER REPORTS/UPDATES:

City Manager Updates
City Manager Waterman provided information regarding food vendors. Atwater Police Department has made contact and notified the food vendors regarding the Atwater Municipal Code. Code Enforcement will work with the food vendors to obtain the proper permitting and education to operate.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

City Council Meeting Action Minutes for March 27, 2023 Page 7 Jim Price spoke regarding Castle Airport. He spoke regarding a Public Records request received.

Pastor Rich Miller spoke regarding the City of Atwater Easter Egg Hunt Saturday, April 1, 2023 at 10 AM. He spoke regarding services on Sunday, April 9, 2023.

Bill Lawrence spoke regarding the sidewalks in the area where he lives.

No one else came forward to speak.

Mayor Nelson closed the public comment.

CITY COUNCIL REPORTS/UPDATES:

Letter supporting Assembly Bill 1708 increasing accountability for repeat theft offenders and offering pathways for pre-plea diversion programming.

Police Chief Salvador provided background information on this item.

Mayor Pro Tem Raymond asked for clarification.

City Council Member Cale stated his support for AB 1708.

No one came forward.

MOTION: City Council Member Cale moved to Motion to authorize and direct Mayor Nelson to execute the letter of support, on behalf of the City of Atwater, regarding Assembly Bill 1708 increasing accountability for repeat theft offenders and offering pathways for pre-plea diversion programming. 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.

City Council comments
City Council Member Cale thanked the City Staff for the trash service update. He stated to please be safe on the upcoming rain. He asked if staff could please look at the traffic congestion on Applegate and Bell overpass 3-6 PM.

City Council Member Button had nothing to report.

City Council Member Ambriz spoke regarding the City of Atwater seal and would like to hear from the residents….. what makes Atwater stands out? Mayor Pro Tem Raymond thanked Public Works Vinson for his hard work. He spoke regarding Easter and that Christ dies for all of us.

City Council Meeting Action Minutes for March 27, 2023 Page 8 Mayor Nelson thanked the Public Works crews for completing the striping on Shaffer Road north of Bellevue Road.

ADJOURNMENT:

Mayor Nelson adjourned the meeting at 7:17 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 10, 2023
TO: Mayor and City Council
FROM: Jana Sousa, Interim Human Resources Director

PREPARED
BY:

Jana Sousa, Interim Human Resources Director
SUBJECT: Amending City of Atwater Classification Plan and adopting Salary Schedule D-23 relating to City Engineer (Interim Human Resources Director Sousa)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3387-23 amending City of Atwater Classification Plan and adopting Salary Schedule D-23 regarding City Engineer job classification.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The City of Atwater hosts a number of Developer Services including Building, Planning, and Engineering. The Engineering Division provides oversight to the city’s infrastructure as well as reviewing and approving plans and specifications as a regulator. The role of the City Engineer has primarily been that of a full-time employee, however due to economic conditions at the time and the lack of available licensed professionals, the city was forced to contract the position through an On-Call Service Agreement.

This has allowed the City to provide Engineering services to the Community Development Department and Public Works. This service is currently operational at two (2) days per week on-site with additional support services. As the City has recovered economically, the needs have eclipsed the On-Call Service abilities. The city’s projects, infrastructure, and development needs warrant the recruitment of a full-time employed licensed professional.

ANALYSIS:

The City of Atwater’s 2020-2025 Strategic Plan, Goal Number 4 is to “Optimize Organization Structure.” The City Manager continues to review the City's organizational structure to ensure resources are optimized and meeting current and future needs.

Organizational restructures are often necessary in moving the City's strategic plan

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

Agenda Report - Page 2

forward.

After analyzing the work-load and the structure of the Community Development Department, staff is recommending creating a City Engineer position. The new position will be responsible for managing public infrastructure per City standards and specifications.

II. FISCAL IMPACTS:

The position is funded by the General Fund at 33%, the Water Fund at 33% and the Sewer fund at 33%. The Community Development, Sewer, and Water Departments have had unfunded positions throughout the year that have lead to cost savings to cover the cost for each fund.

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 4 “Optimize Organization Structure, subsections 4.1.a, 4.1.b, and 4.1.c of the City's 2020-2025 Strategic Plan.

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 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 No. 3387-23, staff will finalize the job classification

Agenda Report - Page 3

amendments and proceed with internal/external recruitment processes accordingly.

Submitted by: /s/ Jana Sousa, Interim Human Resources Director Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3387-23 Amends Classification Plan - City Engineer

2. City Engineer Job Description

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3387-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING CITY OF

ATWATER CLASSIFICATION PLAN ADDING

CITY ENGINEER CLASSIFICATION AND
ADOPTING SALARY SCHEDULE D-23
EFFECTIVE APRIL 13, 2023
WHEREAS, the City Council adopted Resolution No. 2088-05 adopting the City of Atwater Classification Plan; and
WHEREAS, Salary Schedule C-23, effective December 22, 2022, was adopted by Resolution No. 3358-22 on December 12, 2022; and
WHEREAS, the City Council approves and adopts a Salary Schedule for the Classification Plan and/or directs the City Manager to prepare and/or update said Schedule to reflect City Council direction; and
WHEREAS, the City of Atwater’s 2020-2025 Strategic Plan includes optimizing organization structure and reviewing staff workloads; and WHEREAS, in considering organizational structure of the Community Development Department, staff is recommending adding City Engineer to the City’s Classification Plan and modifying the salary schedule accordingly.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby amend the City of Atwater Classification Plan to add the classification of City Engineer as shown in “Exhibit A,” attached hereto and made a part herein.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make any revisions, corrections, or alterations to the text of the classifications described in “Exhibit A” to correct language changes or to comply with the requirements of the law.

The foregoing resolution is hereby adopted this 10th day of April 2023.

Resolution No. 3387-23 Page 2
AYES:

NOES:

ABSENT:

APPROVED:
_______________________________

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

EXHIBIT A

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE D-23 EFFECTIVE APRIL 13, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Account Clerk I CU 115 2933.66 3080.35 3234.36 3396.08 3565.89 3744.18 1354.00 1421.70 1492.78 1567.42 1645.79 1728.08
35203.96 36964.16 38812.36 40752.98 42790.63 44930.16

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

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

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

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

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

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

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

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

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

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

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

25.2497 26.5122 27.8378 29.2297 30.6911 32.2257
1

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE D-23 EFFECTIVE APRIL 13, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Building Maintenance Worker I MU 130 2880.09 3024.10 3175.30 3334.07 3500.77 3675.81 1329.27 1395.74 1465.52 1538.80 1615.74 1696.53
34561.11 36289.17 38103.63 40008.81 42009.25 44109.71

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

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

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

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

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

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

45.7064 47.9918 50.3914 52.9109 55.5565 58.3343
City Engineer MM 117 8200.40 8610.42 9040.94 9492.99 9967.64 10466.02 3784.80 3974.04 4172.74 4381.38 4600.45 4830.47
98404.80 103325.04 108491.29 113915.86 119611.65 125592.23

47.3100 49.6755 52.1593 54.7672 57.5056 60.3809
City Manager EM 340 13147.80 13805.20 14495.45 15220.23 15981.24 16780.30 6068.22 6371.63 6690.21 7024.72 7375.96 7744.75
157773.66 165662.34 173945.46 182642.73 191774.87 201363.61

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

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

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

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

33.2765 34.9404 36.6874 38.5218 40.4478 42.4702
2

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE D-23 EFFECTIVE APRIL 13, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Community Development Director DD 337 10352.41 10870.03 11413.53 11984.21 12583.42 13212.59 4778.04 5016.94 5267.78 5531.17 5807.73 6098.12
124228.92 130440.36 136962.38 143810.50 151001.02 158551.07

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

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

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

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

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

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

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

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

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

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

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

34.8697 36.6131 38.4438 40.3660 42.3843 44.50350
3

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE D-23 EFFECTIVE APRIL 13, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Grants Manager MM 304 5095.68 5350.46 5617.99 5898.89 6193.83 6503.52 2351.85 2469.44 2592.92 2722.56 2858.69 3001.63
61148.16 64205.57 67415.85 70786.64 74325.97 78042.27

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

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

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

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

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

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

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

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

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

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

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

15.6827 16.4669 17.2902 18.1547 19.0625 20.0156
4

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE D-23 EFFECTIVE APRIL 13, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Operations Analyst MM 300 5007.50 5257.88 5520.77 5796.81 6086.65 6390.98 2311.15 2426.71 2548.05 2675.45 2809.22 2949.68
60090.00 63094.50 66249.23 69561.69 73039.77 76691.76

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

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

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

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

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

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

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

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

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

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

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

28.9916 30.4412 31.9632 33.5614 35.2394 37.0014
5

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE D-23 EFFECTIVE APRIL 13, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Police Officer Recruit TL 116 17.00
hrly
Police Lieutenant MM 315 8199.80 8609.79 9040.28 9492.29 9966.90 10465.25 3784.52 3973.75 4172.44 4381.06 4600.11 4830.12
98397.56 103317.44 108483.31 113907.48 119602.85 125582.99

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

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

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

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

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

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

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

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

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

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

52.9253 55.5715 58.3501 61.2676 64.3310 67.5476
6

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE D-23 EFFECTIVE APRIL 13, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Public Works Regulatory MM 260b 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 Compliance Supervisor 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67 65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

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

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

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

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

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

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

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

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

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

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

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

20.4512 21.4738 22.5475 23.6749 24.8586 26.1015
7

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE D-23 EFFECTIVE APRIL 13, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Streets Maintenance Worker III MU 192a 3757.68 3945.56 4142.84 4349.98 4567.48 4795.85 1734.31 1821.03 1912.08 2007.68 2108.07 2213.47
45092.11 47346.72 49714.05 52199.76 54809.74 57550.23

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

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

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

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

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

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

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

Seasonal Park/Recreation Aide SE 050 15.50 15.75 16.00
Senior Recreation Leader SE 064 16.25 16.50 16.75
CLASS Key: Note: Any temporary or seasonal employee appointed to a classification on EM - Executive Management this schedule is not guaranteed the hourly rate listed. The City Manager, DD - Department Director at his/her sole discretion, may appoint at a lower hourly rate so long as the MM - Mid Management houly rate is equal to the mandatory minimum wage rate.

CL - Confidential/Unrepresented
PU - Police Unit
MU - Miscellaneous Unit
CU - Clerical Unit
SE - Seasonal Employee Adopted by City Council Resolution No. 3387-23 TL - Temporary/Limited Service Dated April 10, 2023
Hourly rate set annually through agreement with AESD
8

CITY ENGINEER Page 1
Rev. 4-10-23

CITY ENGINEER

DEFINITION
Under direction of the Community Development Director, plans, organizes, directs, the City’s engineering, engineering management, and capital improvement activities and to do related work as required. This position is responsible for making recommendations to the Community Development Director, the Public Works Director, the City Manager and the City Council for matters affecting the Community Development Department and engineering division, including issues that might have a city-wide impact. Serves as Disaster Service Worker. This position is designated as Mid-Management for Labor Relations purposes and is considered exempt under Fair Labor Standards Act (FLSA).

DISTINGUISHING CHARACTERISTICS
This is mid-management classification for the position which has responsibility to the Community Development Director for advice and consultation on engineering matters and for the efficient operation of the division comprised of engineering, administration, special projects, development review unit, construction management, and capital improvement projects. The City Engineer exercises supervision over other engineering staff, making assignments, setting priorities, training and reviewing work managing and directing the services and functions of the engineering division, making assignments, setting priorities, training and reviewing work, and preparing performance evaluations. Positions in this class act with a high degree of independence of action in the assigned area of responsibility. Direction received consists of the assignment of the responsibility to attain objectives according to policy guidelines, department, and city objectives. Incumbents are expected to develop methods and procedures and solve problems encountered.

REPORTS TO
Community Development Director or as assigned.

CLASSIFICATIONS SUPERVISED
Exercise direct and indirect supervision over professional, technical, maintenance, and clerical personnel.

ESSENTIAL FUNCTIONS
As City Engineer, plans, coordinates, supervises, and participates in the activities of the engineering division, including comprehensive and transparent oversight of all public infrastructure per City standards and specifications; assists in the development and implementation of goals, policies, procedures, and priorities; provides professional and technical engineering support services; oversees and participates in the review of private development proposals including subdivision and parcel maps, recommending for or against approval; interprets and applies relevant codes, ordinances, rules, and regulations; prepares and/or reviews improvement agreements; supervises the preparation, updating, and maintenance of maps and

CITY ENGINEER Page 2
Rev. 4-10-23
records; prepares and oversees the preparation of engineering designs, specifications, and cost estimates for a wide variety of capital improvement projects; performs the more difficult design work; checks plans for accuracy, suitability, and completeness and make recommendations for revision and improvement; reviews specifications for composition and accuracy; meets and confers with developers, contractors, engineers, and the general public relative to City policies, regulations, and procedures; coordinates discrepancies and problem situations with outside parties; administers and/or oversees the administration of contracts; reviews and approves payments and billings for contracted services; oversees and participates in the review of projects under construction in the field; resolves complaints and problems in the field between inspectors and developers, contractors, and/or engineers; coordinates activities with other departments and divisions as appropriate; serves as staff to a variety of City and outside commissions, boards, and committees as assigned; conducts special engineering studies; prepares appropriate reports and analyses; supervises, trains, and evaluates assigned technical staff; prepares and administers the division budget; assists in the preparation and administration of the Capital Improvement Budget; and performs other duties as assigned.

TYPICAL PHYSICAL REQUIREMENTS
Sit for extended periods; frequently stand and walk; normal manual dexterity and eye-hand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of engineering and office equipment including computer, telephone, calculator, copiers, and FAX.

TYPICAL WORKING CONDITIONS
Work is performed in an office environment; work may be performed outside in varying temperatures; frequent contact with staff and the public.

MINIMUM QUALIFICATIONS
Knowledge of:
• City, county, and state building codes.
• Principles of public administration.
• Capital improvement project, planning, development, and administration. • Budget development, administration, and expenditure control. • Time, materials, and cost estimating for maintenance and construction projects. • Use of computers and computer applications in professional engineering and public works services and operations.
• Construction methods, materials, and procedures.
• Contract and grant development and administration.
• Principles of management, supervision, training, and employee evaluation. • Principles, practices, and methods of engineering as applied to new development and construction of municipal public works projects.
• Applicable laws and regulatory codes related to development, design, and construction. • Safety principles, practices, and procedures.

CITY ENGINEER Page 3
Rev. 4-10-23
Ability to:
• Plan, manage, and oversee a variety of services, projects, and programs. • Gather, organize, and analyze data, preparing a variety of reports. • Use a computer and appropriate software in performing professional management and public works administrative responsibilities.
• Communicate effectively, both orally and in writing.
• Interpret and apply applicable codes, ordinances, rules, and regulations related to development and construction.
• Interpret, review, and analyze development proposals, plans, and specifications. • Perform engineering computations and check, design, and supervise the construction of a variety of public work projects.
• Administer contracts.
• Prepare specifications and write technical reports.
• Establish and maintain effective work relationships with contractors, developers, private engineers, staff, and the public in general.
• Analyze and interpret federal and state regulations pertaining to the engineering division. • Prepare and review plans, specifications, and engineer’s estimates. • Plan, assign, direct, and coordinate the work of subordinate personnel. • Write reports; prepare project budgets and engineering controls.

Education and Experience Guidelines – Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education/Training:
• Graduation from an accredited college or university with a Bachelor’s of Science degree in Civil Engineering, Planning, or equivalent.
• Training in public administration, finance, and economics, or closely related subjects, is highly desirable.

Experience:
• Four (4) years of increasingly responsible office and field experience in civil engineering plus two (2) years of increasingly responsible civil engineering experience, including some lead supervisor responsibilities.

License:
• Possession of, or the ability to obtain, a valid class C California driver’s license. • Possession of a valid certificate as a Civil Engineer issued by the California Board of Registration for Civil and Professional Engineers.
• Land Surveyor Certificate highly desirable.

The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified

CITY ENGINEER Page 4
Rev. 4-10-23
or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding currently in effect.

Rev. 04-10-23

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 10, 2023
TO: Mayor and City Council
FROM: Justin Vinson

PREPARED
BY:

Ana Jaramillo, Administrative Assistant II
SUBJECT: Approving Budget Amendment No. 17 regarding Osborn Park Project 22-06 (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Adopts Resolution No. 3386-23 approving Budget Amendment No. 17 amending Fiscal Year 2022-23 Budget regarding the Osborn Park Improvement Project 22-06 for Five Hundred Thousand Dollars ($500,000).

I. BACKGROUND/ANALYSIS:

Osborn Park, which is located across from 760 E. Bellevue Rd, is in need of additional parking stalls. During recreational events, vehicles park on the grass and across the street at the Community Center due to the lack of parking stalls. This leads to sprinkler damage and park users having to cross E. Bellevue Rd (a 5 lane roadway) to get to the park. This crossing has no traffic signals or stops to slow traffic down, so this leads to a dangerous condition for the park users.

This Budget Amendment sets the budget for the acquisition of real property for the City to construct additional parking as well as additional amenities for Osborn Park.

II. FISCAL IMPACTS:

Upon approval of Budget Amendment 17, funds will be appropriated to the Osborn Park Rehabilitation Project Account in the Parks and Recreation Fund, 1020-1080-V039. Per the 2003 Public Facility Development Impact Fee Study, parkland acquisition is an approved expenditure.

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:

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

Agenda Report - Page 2

This item is consistent with goal numbers one (1) and (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 the City Council action.

VIII. ENVIRONMENTAL REVIEW:

The adoption of the proposed budget amendment would not be considered a "project" under the California Environment Quality Act (CEQA) as it would not cause 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:

This staff report is submitted for City Council consideration and approval to adopt the budget amendment for the Fiscal Year 2022-2023 Budget.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3386-23 - Budget Amendment - Osborn Park

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3386-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 17 AMENDING FISCAL YEAR
2022-23 BUDGET ESTABLISHING BUDGET IN

THE OSBORN PARK RENOVATION FUND

REGARDING REAL PROPERTY FOR THE CITY

TO CONSTRUCT A NEW PARKING LOT
PROJECT 22-06
WHEREAS, the City Council of the City of Atwater adopted Resolution No. adopting the Fiscal Year 2022-23 Budget on June 27, 2022; and
WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget; and
WHEREAS, now that the actual expenditures are known, appropriations need to be established in the Fiscal Year 2022-2023 Adopted Budget to cover the cost of real property for the City to construct a new parking lot project 22-06; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 17 to the Fiscal Year 2022-23 Budget as follows:

Establishing budget in Osborn Park Renovation Fund, Capital Projects Expense for the City to construct new parking lot project 22-06 for Fiscal Year 2022-23 as follows:

Increase Budget
(Expense)
1020-1080-V039 Osborn Park Renovation $500,000
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.

The foregoing resolution is hereby adopted this 10th day of April 2023.

Resolution No. 3386-23 Page 2
AYES:

NOES:

ABSENT:

APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_________________________________

KORY BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 10, 2023
TO: Mayor and City Council
FROM: Justin Vinson

PREPARED
BY:

Ana Jaramillo, Administrative Assistant II
SUBJECT: Approving an Amended and Restated Lease Agreement with Merced County Radio Control Club (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approve Amended and Restated Lease Agreement between Merced County Radio Control Club and City of Atwater,in a form approved by the City Attorney, for real property located at 6205 Bert Crane Road; and Authorize City Manager to execute Amended and Restated Lease Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Merced Radio Control Club has been utilizing the Bert Crane Site (Waste Water Treatment Plant) for club activities since January 22, 1979. Club activities include operation of radio-controlled model aircraft utilizing a model airplane runway, taxiways, and a pit area.

Staff met with Merced County Radio Control Club to discuss activities and the possibilities of renewing their lease and came to agreement on a new lease. An aerial photo of the site and flight pattern is included. ("EXHIBIT A").

This is a renewal of the current lease agreement that provides a unique activity for citizens of the Atwater community and surrounding areas. This is the fourth renewal of the lease. Staff is proposing a 3-year-lease option. After the third year is completed, staff is not looking to enter into a new lease agreement with Merced County Radio Control Club due to the need to expand the Waste Water Treatment Plant. Merced Radio Control Club agrees to pay the City a total sum of $1,500, to be paid $500 in advance on the first day of each year for the term of the lease ("EXHIBIT B"). Staff has no objection to this request.

II. FISCAL IMPACTS:

The lease agreement will provide revenue in the amount of $500 per year for the City inthe General Fund, Rents and Leases revenue account number 0001-0000-6010.

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:

N/A
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:

This item is considered an exempt activity under provisions of the California Environment Quality Act (CEQA) under Section 15301 "existing facilities" therefor not subject to further analysis. This item is not a "project" under the California Environment Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment, pursuant to Public Resource Code Section 21065.

IX. STEPS FOLLOWING APPROVAL:

Following City Council's approval, the City Clerk's office will route the agreement for signatures.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager

Agenda Report - Page 3

Attachments:

1. MCRCC Flight Pattern

2. Revised Commercial Lease - Merced Radio Control Club-c1

3/27/23, 3:43 PM Google Maps
https://www.google.com/maps/@37.2760055,-120.6276849,418m/data=!3m1!1e3 1/1 Imagery ©2023 CNES / Airbus, Maxar Technologies, USDA/FPAC/GEO, Map data ©2023 100 ft

83744.00103\41075549.1
1 AMENDED AND RESTATED LEASE AGREEMENT
THIS AMENDED AND RESTATED LEASE AGREEMENT (the "Lease") is made and entered into by and between the CITY OF ATWATER, a municipal corporation ("Landlord") and the MERCED COUNTY RADIO CONTROL CLUB, an unincorporated association ("Tenant"), under the following terms and conditions:

1. Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord certain real property in the County of Merced, referred to herein as the "Premises" and shown on Exhibit A. The Premises is currently improved with a model airplane runway, taxiways and a pit area, constructed by Tenant pursuant to a prior lease entered into on April 23, 2007 (“Prior Lease”)

2. Term, Occupancy, and Renewal.
a. Term. The term of this Lease shall be for three (3) years; said term shall commence on April 11, 2023 (the "Commencement Date"), and end on April 10, 2026 (“Expiration Date”). b. Occupancy. Tenant has been in occupancy of the premises under the Prior Lease and subsequent at will tenancy, which Prior Lease and tenancy are hereby terminated by the execution of this Lease.
c. Early Termination. Notwithstanding anything herein to the contrary, Landlord shall have the right upon sixty (60) days’ prior written notice to terminate this Lease. d. No Renewal/Holdover. Tenant shall not hold over after the expiration or earlier termination of the term hereof without the express prior written consent of Landlord. Acceptance of Rent is not Landlord's consent to holdover. Without Landlord's express consent Tenant shall become a tenant at sufferance only at a rental rate equal to 150% of the Rent in effect upon the date of such expiration. Acceptance by Landlord of Rent after such expiration or earlier termination shall not constitute a holdover hereunder or result in a renewal. The foregoing provisions of this Section 4 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease, Tenant shall indemnify, protect, defend and hold Landlord harmless from all loss or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. Such indemnity shall survive the expiration of this Lease.

3. Rent. The rent during the term of this Lease shall be Five Hundred Dollars ($500.00) per year (“Rent”). Tenant shall, commencing on the Commencement Date and continuing thereafter on each anniversary of the Commencement Date during the term of this Lease, pay to Landlord in advance, such annual Rent, without setoff, deduction or demand. a. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of Rent due from Tenant is not received by Landlord within five (5) days after it becomes due, Tenant

83744.00103\41075549.1
2 shall pay to Landlord an additional sum of the greater of $100 or 6% of the overdue Rent as a late charge.
b. Interest on Unpaid Rent. Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4.a, above, bear interest at the lesser of the maximum legal rate or 10% per annum from the date due until paid. c. Additional Rent. All sums due to Landlord hereunder shall constitute Rent.

4. Place of Payment of Rent. Rent and all other sums which shall become due under this Lease, including but not limited to late charges and additional Rent, shall be payable by hand delivery or mail at the office of the Landlord located at 750 Bellevue Rd, Atwater, CA 95301, or at such other place as Landlord may designate from time to time in writing. Mailed payments must be received (not postmarked) by Landlord by the date due.

5. Condition of, and Improvements to, Premises.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. b. As-Is Condition. Tenant warrants and agrees that Tenant has been in possession of the Premises under the Prior Lease and is familiar with the Premises and its current condition Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the date this Lease is signed) and Tenant further agrees Landlord shall have no responsibility for any repairs or improvements to the Premises, prior to, or as a condition of, Tenant's occupation of the Premises. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when received, ordinary wear and tear and damage by fire, earthquake, or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional Rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.

6. Use. The Premises shall be used only for purposes of operating radio-controlled model aircraft and radio-controlled cars (“Approved Use”). Tenant shall not use any portion of the Premises for purposes other than those specified without first obtaining the written consent of Landlord. Tenant shall not do, bring, or keep anything in, on, or about the Premises which will in any way increase the premium rate or cause the cancellation of any fire or other insurance upon the Premises or any of its contents. Without limiting any of the foregoing prohibitions, Tenant shall be prohibited from operating any model aircraft over or near any solar panels located on or about the Premises. Without limiting Tenant’s obligations under Section 13, below, Tenant shall indemnify and hold landlord harmless from and against any from and against all claims, actual

83744.00103\41075549.1
3 damages (including but not limited to special and consequential damages), punitive damages, injuries, costs, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses arising from or relating to Tenant’s violation of the provisions of this Section 6.

7. Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws"). b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors),and shall indemnify Landlord against same. c. CASp Provision: Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." Pursuant to the foregoing Section 1938(e), Tenant acknowledges and agrees that, if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date when Tenant executes this Lease pursuant to the election below; (ii) the inspection will be at Tenant's sole cost and expense; (iii) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Tenant’s responsibility; and (iv) Tenant must provide a copy of the CASp report to Landlord on completion. By initialing below, Tenant represents that:

Tenant wishes to have a CASp inspection of the Premises Initials: ______________ Tenant hereby waives its right to have a CASp inspection of the Premises Initials: ___________

8. Waste; Nuisance; Quiet Enjoyment. Tenant shall not suffer or commit any waste or nuisance on the Premises. Tenant shall not use or allow the Premises to be used for any improper, immoral, or objectionable purposes, to be determined Landlord's sole and absolute judgment.

9. Utilities. Tenant shall contract directly with all utilities/service providers required in connection with the Approved Use and shall pay for such services directly. Landlord shall not be responsible for any interruptions or disturbance of service regardless of whether Tenant is paying

83744.00103\41075549.1
4 directly for such services or if such services are being contracted for by Landlord, nor shall there be any abatement of Rent resulting from any cessation or interruption of utility service or other service contemplated by this section. Tenant shall deposit all trash only in designated areas.

Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services to be provided under this Lease.

10. Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord.

11. Assignment and Subletting. Tenant shall not assign or encumber this Lease or any interest therein or sublet the Premises or any portion thereof either voluntarily or by operation of law without the prior written consent of Landlord, which consent shall not be unreasonably withheld.

12. Entry by Landlord. Landlord and its agents shall have the right to enter the Premises at reasonable times to inspect and examine the same and to make such repairs to the Premises as the Landlord shall deem advisable, and to show the Premises to prospective tenants, buyers or lenders.

13. Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant agrees, as an independent unsecured obligation, separate from any of its promises or covenants in this Lease, to indemnify, defend (with counsel selected by Landlord at Tenant's expense), protect and hold harmless Landlord, its employees, agents, officers, wardens, officiants, legal counsel, assigns, any successor or successors to Landlord's interest in the Premises and any future owners of the Premises to whom this Lease is assigned (hereinafter collectively referred to as the "Indemnitees") from and against all claims, actual damages (including but not limited to special and consequential damages), punitive damages, injuries, costs, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses arising out of any damage to any person or property occurring in, on, or about the Premises, except for any acts of gross negligence or willful misconduct by Landlord. Tenant's obligation under this paragraph to indemnify and hold the Indemnitees harmless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received by the party being indemnified. Landlord shall not be liable to Tenant for any damage by or resulting from any act or negligence of any other tenant of property adjoining the Premises or by the owner or occupant of any adjoining or contiguous property.

14. Insurance.
a. Liability Insurance. Tenant shall carry, during the term hereof, public liability and property damage insurance with a single combined liability limit of not less than $1 million per occurrence, $2 million in aggregate, property damage limits of not less than $1 million insuring against all liability of Tenant and its authorized representatives arising out of and in connection

83744.00103\41075549.1
5 with Tenant's use and occupancy of the Premises, and statutory worker's compensation Insurance for any employees. Landlord shall be named as an additional insured on each such policy. Tenant shall provide proof of such insurance in the form of a certificate of insurance prior to taking occupancy of the Premises.
b. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies.

15. Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises and other improvements in which the Premises are located are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises, and other improvements located thereon, to substantially the same condition as they were immediately before destruction if they can be repaired within 270 days from date of destruction. Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining that the restoration cost will exceed the insurance proceeds. b. Destruction Due to Risk Not Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the other improvements located thereon are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value. c. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of Rent between the date of destruction and the date of substantial completion of restoration based on the extent to which the destruction interferes with Tenant's use of the Premises.
d. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

16. Default and Landlord's Remedies.
a. Default. The occurrence of any of the following shall constitute a default by Tenant:
(1) Tenant shall fail to pay when due any Rent or any other monetary sum payable under this Lease.
(2) Tenant shall fail to observe, keep or perform any of the other terms, covenants, agreements or conditions contained in this Lease.

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6 (3) Tenant shall become bankrupt or insolvent or make a transfer in fraud of creditors, or make an assignment for the benefit of creditors, or take or have taken against Tenant any proceedings of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event any such proceedings are involuntary, Tenant is not discharged from the same within thirty (30) days thereafter. (4) A receiver is appointed for a substantial part of the assets of Tenant, and such receivership is not released within thirty (30) days. (5) The abandonment of the Premises by Tenant, or the vacation (hereby defined to be ten (10) or more consecutive days of continual absence from the Premises) of the Premises by Tenant.
(6) This Lease or any estate of Tenant hereunder shall be levied upon by any attachment or execution and such levy is not released within thirty (30) days. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

As used in Subparagraphs (a) and (b) above of this section, the "worth at the time of award" is computed by allowing interest at the maximum rate an individual is permitted by law to charge. As used in subparagraph (c) above, the "worth at the time of award" is computed by

83744.00103\41075549.1
7 discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
(2) In the event of the vacation or abandonment of the Premises by Tenant, or in the event that Landlord shall elect to reenter as provided herein or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then Landlord shall have the remedy specified by Civil Code Section 1951.4, in which Landlord may from time to time recover all rental as it becomes due or relet the Premises or any part thereof for the account of Tenant on such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.

17. Estoppel Certificate. Tenant shall execute and deliver to Landlord within ten (10) days of request a commercially reasonable estoppel statement. Landlord and Tenant intend that any estoppel statement delivered pursuant to this Section may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the property or any interest therein and failure to execute and return such estoppel shall be a material breach of the Lease.

18. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.

19. Notices. Any notice required or permitted to be given hereunder must be given in writing.

20. Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

The receipt and acceptance by Landlord of delinquent Rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular Rent payment involved. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

21. Successors and Assigns. Except as otherwise provided herein, all of the terms and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. In the event of any transfer, assignment or other conveyance or transfers of any such title or tenant, Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be automatically freed and relieved from and after the date of such transfer. Landlord may transfer its interest in the Premises without the consent of Tenant and such transfer or subsequent transfer shall not be deemed a violation on Landlord's part of any of the terms and conditions of this Lease.

22. Entire Agreement. This Lease contains the entire agreement of the parties and supersedes all prior negotiations, drafts, and other understandings which the parties may have concerning the subject matter hereof. This Lease may not be modified except by written instrument duly executed

83744.00103\41075549.1
8 by the parties hereto or their successors in interest. This Lease shall be governed by and construed pursuant to the laws of the State of California.

23. Revenue & Taxation Code Section 107.6. Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, in the event that a possessory interest is created, Tenant shall be responsible for payment of any taxes levied against such possessory interest.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD:

CITY OF ATWATER, a municipal corporation
Dated: By:

Name:

Its:

TENANT:

MERCED COUNTY RADIO CONTROL
CLUB, an unincorporated association
Dated: By:

Name:

Its:

83744.00103\41075549.1
1 EXHIBIT A

DESCRIPTION AND DEPICTION OF PREMISES

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 10, 2023
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief

PREPARED
BY:

Robert Ayuso, Battalion Chief
SUBJECT: Ratifying a Purchase Agreement (Purchase Order) for two (2) new fire department command vehicles to Hedrick's Chevrolet of Fresno, California (CAL FIRE Battalion Chief Ayuso)

RECOMMENDED COUNCIL ACTION
Ratifies a Purchase Agreement (Purchase Order), in a form approved by the City Attorney, with Hedrick's Chevrolet of Fresno, CA for the purchase of two (2) new Fire Command vehicles, in the amount not to exceed $138,538.92.

I. BACKGROUND/ANALYSIS:

On February 13th, 2023 the City Council approved 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. This was requested due to supply chain issues and heavy demand of the 3/4 Chevrolet pickups and Chevrolet Tahoes. After the documentation had been signed and vehicles were reserved, staff would then return to council at its next meeting for final ratification of the purchase.

Staff was able to locate two 3/4 ton Chevrolet Silverado pickups at Hedrick's Chevrolet in Fresno, CA. The necessary documentation was signed to reserve the vehicles and staff is now returning to council for approval of Purchase Order No. 15192 in the amount of $138.538.62 to Hedrick's Chevrolet of Fresno, CA.

II. FISCAL IMPACTS:

The City Council adopted the Fiscal Year 2022-2023 Budget on June 27, 2022, which included a line item for two new command vehicles. $160,000 is available in the Fiscal Year 2022-2023 Budget, Public Safety Transactions and Use Tax, Machinery and Equipment Account No. 0004-2030-6021 allocated for these two vehicles. Sufficient funding is available in the adopted budget.

To preserve and protect public safety, Resolution No. 3371-23 authorized this urgency purchase due

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

Agenda Report - Page 2

to impacted supply chain issues.

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. Replacement of outdated equipment, prior to the breakdown of equipment, has become a goal of the Fire Department.

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:

Staff will process Purchase Order No. 15192 in the amount of $138,538.62 and write a check to Hedrick's Chevrolet for the purchase of two (2) 2023 3/4 Chevrolet Silverado Fire Department Command Vehicles.

Submitted by:
___________________________________________________________ ______________________________________________________________________ __
Bobby Ayuso, CAL FIRE Battalion Chief
Approved by:

Agenda Report - Page 3

Lori Waterman, City Manager
Attachments:

1. Signed PO 15192 (Hedrick's Chevrolet)

2. Signed Resolution 3371-23

3. City of Atwater Invoice from Hedrick's

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3371-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO SIGN THE

NECESSARY DOCUMENTATION TO RESERVE
TWO (2) NEW FIRE COMMAND VEHICLES FOR

PURCHASE
WHEREAS, the City of Atwater Fire Department currently utilizes a 1990 Chevrolet 1500 pickup and a 1999 Crown Victoria sedan as two station utility vehicles. Both vehicles have exhausted their lifespan and have been problematic to keep running, creating additional maintenance costs. The Fire Department currently has two 2017 Chevrolet Silverado 2500 pickups that function as command vehicles for the Battalion Chiefs. At a six (6) yearage, these two vehicles would replace the two outdated utility vehicles, allowing more reliable equipment to be utilized on out of county assignments and day to day operations; and
WHEREAS, the replacement of outdated equipment, prior to breakdown has become a goal of the Fire Department. The City Council adopted the Fiscal Year 2022-2023 Budget on June 27, 2022, which included a line item for two new fire command vehicles. By converting the current command vehicle pickups into utility vehicles, the City would be able to support utilizing the utility vehicles on out-of-county assignments, which would provide reimbursement to the City for their use. Due to the current utility vehicles' condition, it isn't a viable option to use them on these types of assignments; and WHEREAS, Due to supply chain issues with the ¾ ton Chevrolet pickups and Chevrolet Tahoe SUVs, allowing the City Manager to sign and authorize documentation when the vehicles are available, will allow staff to be fiscally responsible. After the vehicle documents have been signed and vehicles have been reserved, staff will return to council for ratification of the purchase; and
WHEREAS, subject to the conditions identified below, the use is in conformance with the codes and standards of the City of Atwater.

Resolution No. 3371-23 Page 2
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Atwater hereby finds and declares the following:

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

2. The City Manager or her designee is authorized to sign documentation regarding the purchase of two (2) new fire command vehicles in an amount not to exceed $160,000.

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

AYES:

NOES:

ABSENT:

Button, Ambriz, Cale, Raymond, Nelson
None
None
APPROVED:

ATTEST:

Invoice
April 4th, 2023
City of Atwater
750 Bellevue RD
Atwater, CA 95301
To Whom It may concern, please let this letter serve as an invoice for the purchases of a 2023 Chevrolet Silverado 2500 Vin 2GC4YNE79P1723602 for $65,953.13 and a 2023 Chevrolet Silverado 2500 Vin 2GC4YPE72P1723551 for $72,085.49. Please remit payment to Hedrick’s Chevrolet 961 W. Shaw Ave Clovis, CA 93612. Feel free to reach out with any questions.

Thanks,
Logan Krause
Business Manager

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 10, 2023
TO: Mayor and City Council
FROM: Justin Vinson

PREPARED
BY:

Jim Vang
SUBJECT: Approving plans and specification and authorizing advertising and calling for bids for Atwater Boulevard and First Street Traffic Signal Project (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Approves the plans and specifications and authorizes advertising and calling for bids for the Atwater Boulevard and First Street Traffic Signal, Project Number 18-2, Bid Call Number 716-22.

I. BACKGROUND/ANALYSIS:

In 2015, JLB Traffic Engineering conducted a muti-way stop and signal warrant analysis for the intersection of Atwater Boulevard and First Street. JLB Traffic Engineering made the finding that the traffic volumes warrants are met for a traffic control signal at this intersections. Council adopted Resolution No. 2871-15 approving designating an AllWay Stop control to be placed at Atwater Boulevard and First Street as interim measure until a traffic signal could be funded. The Atwater Boulevard and First Street Traffic Signal Project now has sufficient funding to move forward with construction. The project will consists of installing a new traffic signal with in-roadway induction detector loops and ADA curb ramps and driveway improvement. See construction plans (Exhibit A).

VVH Consulting Engineers prepared the bid documents, including construction plans, specification, and engineer’s estimate. The estimated cost of the construction phase is a total of $788,268. 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 budgeted in the Capital Improvement Plan FY 2022/23; Measure V Fund Account No. 0007-1080-P004; Local Transportation Fund Account No. 1013-1080-P004; SB1 Account No.1018-1080-P004. This item has been reviewed by the Finance Department.

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

Agenda Report - Page 2

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
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:

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:

Lori Waterman, City Manager
Attachments:

Agenda Report - Page 3

1. Exhibit A- Construction Plan

Revision Engineer's Seal Client/Project
Title Sheet No. of

CITY OF ATWATER
6 ATWATER, CALIFORNIA sheets

TRAFFIC SIGNAL RECONSTRUCTION

ATWATER BOULEVARD & FIRST STREET LEGEND EXISTING PROPOSED

LEGENDS AND ABBREVIATIONS
2 ABBREVIATIONS

Revision Engineer's Seal Client/Project
Title Sheet No. of

CITY OF ATWATER
6 ATWATER, CALIFORNIA sheets

TRAFFIC SIGNAL RECONSTRUCTION

ATWATER BOULEVARD & FIRST STREET

EXISTING TOPOGRAPHY & DEMOLITION PLAN
3 DEMOLITION GENERAL NOTES KEY NOTES LEGEND
N ATWATER BLVD.

SECOND STREET

FIRST STREET

FIRST STREET ATWATER BOULEVARD FLOWLINE CURVE TABLE CURVE DELTA ARC LENGTH RADIUS Revision Engineer's Seal Client/Project
Title Sheet No. of

CITY OF ATWATER
6 ATWATER, CALIFORNIA sheets

TRAFFIC SIGNAL RECONSTRUCTION

ATWATER BOULEVARD & FIRST STREET

HORIZONTAL LAYOUT PLAN
4 N KEY NOTES

Revision Engineer's Seal Client/Project
Title Sheet No. of
CITY OF ATWATER 6
ATWATER, CALIFORNIA sheets

TRAFFIC SIGNAL RECONSTRUCTION

ATWATER BOULEVARD & FIRST STREET
RAMP GRADING DETAILS 5 2 NORTHEAST CORNER 1" = 5' 1 NORTHWEST CORNER 1" = 5' 3 SOUTH PORTION 1" = 5' N ATWATER BLVD.

FIRST STREET
FIRST STREET ATWATER BLVD. ATWATER BLVD.

Revision Engineer's Seal Client/Project
Title Sheet No. of
CITY OF ATWATER 6
ATWATER, CALIFORNIA sheets

TRAFFIC SIGNAL RECONSTRUCTION

ATWATER BOULEVARD & FIRST STREET
STRIPING AND SIGNAGE PLAN 6 N STRIPING GENERAL NOTES LEGEND (APPLIES TO ALL STRIPING & SIGNAGE PLAN SHEETS) ATWATER BLVD.

FIRST STREET

SECOND STREET

LEGEND:

PROPOSED

THREE SECTION VEHICLE SIGNAL HEAD (GREEN BALL)

THREE SECTION LEFT-TURN VEHICLE SIGNAL HEAD

FOUR SECTION THRU/TURN VEHICLE SIGNAL HEAD

PEDESTRIAN SIGNAL HEAD
EVP

REGULATORY SIGN MOUNTED ON SIGNAL MAST ARM

INTERNALLY ILLUMINATED STREET NAME SIGN (IISNS)

LUMINAIRE

TYPE D LOOP DETECTOR

TYPE E LOOP DETECTOR

TRAFFIC SIGNAL CONDUIT

PULLBOX

SERVICE PEDESTAL

TRAFFIC SIGNAL CABINET

TRAFFIC SIGNAL POLE

WIRELESS RADIO ANTENNA
PROJECT NOTES:

1. THE CONTRACTOR SHALL FURNISH ALL MATERIALS AND SHALL PERFORM ALL LABOR IN ACCORDANCE WITH THE REQUIREMENTS OF THE LATEST CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD), 2018 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) STANDARD SPECIFICATIONS AND STANDARD PLANS, AND CITY OF ATWATER IMPROVEMENT STANDARDS AND SPECIFICATIONS.

2. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE EXISTENCE AND LOCATION OF ALL UNDERGROUND FACILITIES, PUBLIC OR PRIVATE, AND TO PROTECT THEM FROM DAMAGE. THE CONTRACTOR SHALL BEAR THE TOTAL EXPENSE OF REPAIR OR REPLACEMENT OF ANY UNDERGROUND FACILITIES DAMAGED BY THEIR OPERATIONS. QUANTITY AND EXACT LOCATIONS OF ALL UTILITIES TO BE DETERMINED BY CONTRACTOR 48 HOURS BEFORE BEGINNING WORK. PHONE USA (800) 642-2444 PRIOR TO DIGGING.

3. CONTRACTOR IS RESPONSIBLE FOR TRAFFIC CONTROL. TRAFFIC CONTROL MEASURES SHALL CONFORM TO THE CALTRANS TRAFFIC MANUAL AND CA MUTCD.

4. ALL PULL BOXES ARE TO BE NO. 6E UNLESS OTHERWISE NOTED ON PLAN. PULL BOXES SHALL NOT BE INSTALLED IN CURB RAMPS OR DRIVEWAY. ALL PULL BOXES SHALL BE AT A MAXIMUM OF 200' APART.

5. POSITIONING OF SIGNAL STANDARDS, PULL BOXES, AND DETECTORS SHALL BE VERIFIED BY THE ENGINEER PRIOR TO INSTALLATION.

6. THE CONTRACTOR SHALL PROVIDE AND INSTALL ALL EQUIPMENT AND MATERIALS NECESSARY FOR THE SIGNAL TO OPERATE AS SHOWN IN THE PHASE DIAGRAM.

7. SIDEWALKS REMOVED FOR INSTALLATION OF SIGNAL FOUNDATION AND PULL BOXES SHALL BE REMOVED TO THE NEAREST SCORE MARK. SCORE MARK SHALL BE SAWCUT PRIOR TO REMOVAL.

8. CONTRACTOR SHALL NOTIFY THE CITY'S ENGINEERING DIVISION (209) 357-6330 TWO WORKING DAYS BEFORE STARTING THE NEW TRAFFIC SIGNAL CONSTRUCTION.

9. THE CONTRACTOR SHALL NOT PROCEED WITH ANY WORK CALLED FOR ON THESE PLANS UNTIL THE CITY ENGINEER'S SIGNATURE OF APPROVAL IS AFFIXED HEREON AND ALL APPLICABLE PERMITS HAVE BEEN OBTAINED. AN APPROVED SET OF PLANS SHALL BE ON THE JOB SITE DURING ANY CONSTRUCTION.

10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPORTING ALL CONFLICTS, ERRORS, OMISSIONS, ETC. TO THE ENGINEER IMMEDIATELY UPON DISCOVERY. IF SO DIRECTED BY THE ENGINEER, THE CONTRACTOR SHALL STOP WORK UNTIL REMEDIAL ACTION CAN BE TAKEN. ANY COSTS RESULTING FROM THE CONTRACTOR'S FAILURE TO REPORT OR FAILURE TO STOP WORK AS DIRECTED WILL BE THE RESPONSIBILITY OF THE CONTRACTOR.

11. THE CONTRACTOR AGREES THAT THEY SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE

CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR ENGINEER.

12. THE CONTRACTOR SHALL MAKE AN ON-SITE INSPECTION PRIOR TO PROVIDING ANY PROPOSALS TO DETERMINE ANY AND ALL ITEMS NOT SHOWN AS BID ITEMS ON THE PROPOSAL SHEETS, BUT WHICH MAY BE NECESSARY TO PERFORM A COMPLETE AND ACCEPTABLE JOB.

13. TRAFFIC ENGINEERING SERVICES WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY UNAUTHORIZED CHANGES TO OR USES OF THESE PLANS. ALL CHANGES TO THESE PLANS SHALL BE IN WRITING AND MUST BE APPROVED BY THE CITY ENGINEER.

14. THESE PLANS ARE ACCOMPANIED BY A SEPARATE SET OF PROVIDED PROVISIONS.

15. ALL CONDUIT UNDER EXISTING PAVEMENT SHALL BE INSTALLED BY BORE AND JACKING METHOD.

16. ALL PEDESTRIAN HEADS SHALL BE FULL SYMBOL, CA MUTCD COMPLIANT, LED "COUNTDOWN" TYPE.

17. ALL PEDESTRIAN PUSH BUTTONS SHALL BE APS VIBRO-AUDIO.

BENCH MARK REFERENCE

CALIFORNIA

DEPARTMENT OF PUBLIC WORKS

CITY OF ATWATER
CASE
DATE
SHEET __________ OF __________ DWG.

CITY ENGINEER

APPROVED BY
BY APP.

SCALE

REVISED

DESIGNED
NO.

CHECKED
DRAWN
DATEC. HIGBEE
J. BHATTACHARYA
3-24-23
2 TRAFFIC SIGNAL INSTALLATION
AT ATWATER BLVD & FIRST ST 100% C. HIGBEE
N/A TS-1

PROJECT NOTES AND LEGEND
1

D
A
G FIRST ST 25 MPH
B
C
F
2" C, 2DLC H
Ø4PPB Ø4
Ø6PPB
Ø3
Ø3PPB
Ø3
Ø3P
Ø6P
Ø5 Ø6
Ø5
Ø2
Ø2P
Ø3P
Ø2PPB
Ø4PPB
Ø4
Ø4
Ø2
Ø2P
EVD
(6J2L)
(6J2L)
2" C, 2DLC XWALK 105' TO
(3J8L)
(2I2L)
(2I2L)
2" C, 1DLC
(4I6L)
R3-4
R3-4
R3-4
(4I6U)
EVA
EVB
IISNS
IISNS

R/W R/W R/W

R/W R/W R/W R/W
(1I9U)
(1I1U)
(6J4U)
(6J4L)
(3J8U)
(5J9U)
(2I4L)
(4I8U)
Ø6PPB
Ø4P
(4I8L)
Ø1
(2I4U)
IISNS
Ø2
E
Ø3
Ø6P Ø6
Ø4P
Ø1
EVC
IISNS
Ø6
(5J1U)
R3-4
Ø2PPB
Ø3PPB
Ø4
2" C, 2DLC
(6J2U)
(6J3U)
R/W
285' TO
XWALK

ATWATER BLVD
45 MPH
2" C, 2DLC SECOND ST 25 MPH
(2I2U)
(2I3U)
R/W
285' TO
XWALK
PROJECT NOTES (THIS SHEET ONLY):

FURNISH AND INSTALL ECONOLITE MODEL 2070E CONTROLLER (OPERATING FIRMWARE WILL BE SPECIFIED BY THE CITY PRIOR TO BID OPENING) IN A TYPE 332L CABINET. DOOR OF CABINET SHALL FACE EAST AND BE INSTALLED PER DETAILS ON CALTRANS STANDARD PLAN RSP ES-3C. FURNISH AND INSTALL BATTERY BACKUP SYSTEM (BBS). BBS SHALL PROVIDE POWER FOR MINIMUM OF 4 HOURS.

FURNISH AND INSTALL TYPE III-AF SERVICE EQUIPMENT ENCLOSURE PER DETAILS ON CALTRANS STANDARD PLANS ES-2C AND RSP ES-2D.

FURNISH AND INSTALL 2-WIRE APS VIBRO PUSH BUTTON STATION, OR CITY-APPROVED EQUIVALENT.

EXISTING STREET LIGHT SHALL REMAIN OPERATIONAL UNTIL THE TRAFFIC SIGNAL SAFETY LIGHTING IS OPERATIONAL. REMOVE AND SALVAGE EXISTING STREET LIGHT POLE ASSEMBLY AND ABANDON FOUNDATION.

FURNISH AND INSTALL NEW 3" CONDUIT TO NEW SERVICE POINT. THE ENGINEER SHALL COORDINATE WITH PG&E PRIOR TO COMMENCING ANY WORK.

FURNISH AND INSTALL NO. 5 PULL BOX.

FURNISH AND INSTALL EVP ASSEMBLY AND CONNECT EVP TO CONTROLLER.

FURNISH AND INSTALL 300 MBPS, 5.180-5.825 GHz WIRELESS SINGLE RADIO WITH INTEGRATED DUAL POLARITY PANEL ANTENNA WITH MOUNTING HARDWARE.

FURNISH AND INSTALL ETHERNET MODULE WITH MOUNTING HARDWARE IN NEW CONTROLLER CABINET.

FURNISH AND INSTALL ONE GIGABIT SWITCH WITH MOUNTING HARDWARE IN NEW CONTROLLER CABINET.

GENERAL NOTES

1. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL UNDERGROUND FACILITIES AND PROVIDE PROTECTION PRIOR TO AND DURING TRENCHING, JACKING, OR BORING. CONTACT UNDERGROUND SERVICE ALERT TOLL FREE (800) 642-2444, 48 HOURS BEFORE EXCAVATING.

2. ALL WORK SHALL CONFORM TO THE LATEST EDITIONS OF CALTRANS STANDARD PLANS AND SPECIFICATIONS, CA MUTCD, AND CITY OF ATWATER STANDARDS AND SPECIFICATIONS.

3. SIGNAL AND LIGHTING EQUIPMENT, INCLUDING STANDARDS, PUSH BUTTONS, PULL BOXES, CABINETS, CONDUIT, WIRELESS RADIO, AND DETECTORS ARE SHOWN IN THEIR APPROXIMATE LOCATIONS. THE CONTRACTOR SHALL GIVE 48 HOURS NOTICE TO THE ENGINEER FOR FIELD VERIFICATION OF FINAL LOCATIONS.

4. THE CONTRACTOR IS RESPONSIBLE FOR VERIFICATION OF ALL EXISTING UTILITIES WHETHER OR NOT THEY ARE SHOWN ON THESE PLANS. THE CONTRACTOR SHALL CONTACT USA (800) 642-2444 AT LEAST TWO (2) FULL WORKING DAYS BEFORE BEGINNING WORK. WHERE MARKINGS ARE NEAR PROPOSED FOUNDATIONS, THE CONTRACTOR SHALL LOCATE UNDERGROUND UTILITIES BY POT HOLING PRIOR TO EXCAVATING. THE CONTRACTOR SHALL POT HOLE FOUNDATION LOCATIONS PRIOR TO PROCUREMENT OF SIGNAL STANDARDS.

5. WORK SHALL COMPLY WITH THE TECHNICAL SPECIFICATIONS AND THESE PLANS.

6. ALL PULL BOXES SHALL BE NO. 6E, UNLESS OTHERWISE NOTED. PULL BOXES SHALL NOT BE INSTALLED IN CURB RAMPS. PULL BOXES SHALL BE INSTALLED IN CONDUIT RUNS AT A MAXIMUM OF 200' SPACING.

7. ALL PEDESTRIAN HEADS SHALL BE FULL SYMBOL, MUTCD COMPLIANT, LED "COUNTDOWN" TYPE.

8. CENTER OF ALL APS PUSH BUTTONS SHALL BE LOCATED 3'-6" FROM GROUND LEVEL, HAVE 2-INCH DIAMETER ACTUATORS, AND BE ADA APPROVED.

9. THE CONTRACTOR SHALL SUBMIT SPECIFICATION SHEETS FOR CITY REVIEW AND APPROVAL PRIOR TO PROCUREMENT OF ANY EQUIPMENT.

10. TRAFFIC SIGNAL DETECTOR LOOPS SHALL HAVE A CONDUIT STUB OUT AND MAXIMUM OF TWO LOOPS PER SAWCUT.

BENCH MARK REFERENCE

CALIFORNIA

DEPARTMENT OF PUBLIC WORKS

CITY OF ATWATER
CASE
DATE
SHEET __________ OF __________ DWG.

CITY ENGINEER

APPROVED BY
BY APP.

SCALE

REVISED

DESIGNED
NO.

CHECKED
DRAWN
DATEC. HIGBEE
J. BHATTACHARYA
3-24-23
2 TRAFFIC SIGNAL INSTALLATION
AT ATWATER BLVD & FIRST ST 100% C. HIGBEE

CONDUCTOR SCHEDULE
AWG OR
CABLE
SIZE

CIRCUIT
RUNS
3-5-7 WIRE

CONDUCTOR
CABLE
POLE A 0-2-3 0-2-3
POLE B 2-0-0 2-0-0
POLE C 2-0-0 2-0-0 2-0-0
POLE D 0-2-3 0-2-3 0-2-3
POLE E 0-1-2 0-1-2 0-1-2 0-1-2
POLE F 0-1-2 0-1-2 0-1-2 0-1-2
POLE G 2-2-1 2-2-1
POLE H 0-0-2 0-0-2
POLE J 2-0-0 2-0-0 2-0-0 2-0-0
PEU 0-1-0 0-1-0
TOTAL CABLES 8-8-13 4-5-6 2-2-3 4-4-7 2-2-4 2-2-4 0-1-0 No. 10 IISNS 2 2 2 2 2 4
No. 8 LUMINAIRE 2 2 2 2 2 4
TYPE B

DETECTOR

LEAD-IN CABLE
(DLC)
Ø1 SIGNALS 2 2
Ø2 SIGNALS 5 5 5
Ø3 SIGNALS 2 2
Ø4 SIGNALS 4 4 4 4
Ø5 SIGNALS 2 2 2
Ø6 SIGNALS 5 5
TOTAL CABLES 20 9 7 11 4 4
EVP
EVA 1 1
EVB 1 1 1
EVC 1 1 1 1
EVD 1 1
TOTAL CABLES 4 2 1 2 1 1
WIRELESS RADIO CABLE (CAT5E) 1 1
CONDUIT SIZE (INCHES) 2-4" 4" 4" 2-4" 4" 4" 3"
CONDUIT FILL 24% 26% 15% 13% 14% 14% 7%

EQUIPMENT SCHEDULE
POLE
ID.

STANDARD MAST ARM
LED

LUMINAIRE
VEH. SIGNAL MTG. PED SIGNAL APS PPB

REMARKS

TYPE HGT SIG LUM
MAST
ARM
POLE Ø MTG. Ø ARROW
A 26-4-100 30' 40' 12' 88 W
MAT
MAS
SV-2-TA Ø2
Ø3 SP-2-T - - FURNISH AND INSTALL LED IISNS "First St" AND R3-4 SIGN ON MAST ARM. FURNISH AND INSTALL PEU ON TOP OF TRAFFIC SIGNAL POLE. FURNISH AND INSTALL EVP CHANNEL "A" ATOP VEHICLE SIGNAL HEAD PER DETAIL B ON CALTRANS STANDARD PLAN ES-4E. FURNISH AND INSTALL WIRELESS RADIO UNIT ON LUMINAIRE MAST ARM FACING WEST.

B
PBA
POST
5'-7" - - - - - - - Ø2
1,3
Ø3
2,3
RIGHT
RIGHT
C
PBA
POST
5'-7" - - - - - - - Ø2
1,3
Ø4
2,3
LEFT
LEFT
D 19-4-100 30' 30' 12' 88 W MAS SV-3-TA Ø2
Ø4 SP-2-T - - FURNISH AND INSTALL LED IISNS "Atwater Blvd" AND R3-4 SIGN ON MAST ARM. FURNISH AND INSTALL EVPCHANNEL "B" ATOP VEHICLE SIGNAL HEAD PER DETAIL B ON CALTRANS STANDARD PLAN ES-4E.

E 26-4-100 30' 40' 12' 88 W
MAT
MAS
SV-1-T Ø6 SP-1-T Ø4
1 Ø6
1 LEFT
RIGHT
FURNISH AND INSTALL LED IISNS "First St" AND R3-4 SIGN ON MAST ARM. FURNISH AND INSTALL EVP CHANNEL "C" ATOP VEHICLE SIGNAL HEAD PER DETAIL B ON CALTRANS STANDARD PLAN ES-4E.

F 1-B 10' - - - - TV-2-T Ø4 SP-1-T - - G 19-4-100 30' 30' 12' 88 W MAS SV-1-T Ø3 Ø6 SP-2-T Ø3
1 Ø6
1 RIGHT
LEFT
FURNISH AND INSTALL LED IISNS "Atwater Blvd" AND R3-4 SIGN ON MAST ARM. FURNISH AND INSTALL EVP CHANNEL "D" ATOP VEHICLE SIGNAL HEAD PER DETAIL B ON CALTRANS STANDARD PLAN ES-4E.

H 1-B 10' - - - - TV-2-T - - - -
N

SEE DETAIL,

ABOVE RIGHT

SIGNAL AND SERVICE ENCLOSURE DETAIL
3"C:
3 #2 (120V), CONTROLLER
1 #6, GROUND

PROPOSED PHASE DIAGRAM

STEADY DEMAND SEQUENCE

EMERGENCY VEHICLE PREEMPT (EVP)
CHANNEL A = Ø2 + Ø5
CHANNEL B = Ø4
CHANNEL C = Ø1 + Ø6
CHANNEL D = Ø3
2 1:20 TS-2

TRAFFIC SIGNAL DESIGN

R/W R/W
2"C:
2 #6, SERVICE
3"C:
3 #2 (120V), CONTROLLER
1 #6, GROUND

4.3'
PUE

5.0'
3"
EX. 8' PUE EX. 8' PUE

EQUIPMENT SCHEDULE NOTES (THIS SHEET ONLY)
1 FURNISH AND INSTALL 12" MOUNTING EXTENDER FOR APS PPB 2 FURNISH AND INSTALL 6" MOUNTING EXTENDER FOR APS PPB
3 FURNISH AND INSTALL UNIVERSAL 90 DEGREE ADAPTER FOR APS PPB EXTENDER 18'
1" = 20'
15'

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1057

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING CERTAIN
SECTIONS OF CHAPTER 17.69 “SIGN
REGULATIONS” OF THE ATWATER MUNICIPAL
CODE
WHEREAS, the City Council has adopted an ADA Transition Plan for the City of Atwater (“City”) to improve accessibility standards in the City, and this ordinance is intended to adhere to such standards by alleviating accessibility impediments; and, WHEREAS, in addition to accessibility impediments, some current sign placements are distracting to drivers and detrimental to the City’s aesthetics; and, WHEREAS, this ordinance is intended to improve the regulations of signs within the City by providing orderly and consistent methodology for sign placement and approvals, and continuing to beautify the City’s streetscapes and major traffic corridors; and, WHEREAS, the City Council finds it is in the interest of the public health, safety, and welfare to amend such sections in the municipal code.

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

SECTION 1: The City Council of the City of Atwater does hereby amend 17.69.120 of the Atwater Municipal Code to read as follows (deletions are marked in strikethrough, and additions are marked in underline):

17.69.120 Prohibited signs.

The following signs are not permitted:

A. Signs that portray indecent or morally objectionable language or descriptions.

B. Signs or displays that are affixed to Sstationary motor vehicles, trailers, and similar devices that contain displays for which the primary purpose of the vehicle, trailer, or device is advertising, and the intent is to circumvent the intent application of this ordinance.

Ordinance No. CS 1057 Page 2
C. Signs painted or mounted on roofs or placed above the roofline.Roof signs.

D. Signs of a nonpermanent or temporary nature that are hung, nailed, posted, or in any similar way attached to the outside of a structure for advertising purposes.

E. Because of the City’s compelling interest in ensuring traffic safety, any signs that simulate (in color, size, or design) any traffic control signal, or that make use of words, symbols, characters, or design Signs that may cause a traffic hazard or nuisance by distracting or confusing a motorist or pedestrian.

F. Signs that may cause glare, reflection, or which contain any moving or rotating parts; or which flash, blink or are otherwise animated. The provision of this subsection shall not apply to the following types of signs:

1. A conventional clock face.

2. A sign showing time and/or temperature and changes not more frequently than at five second intervals.

3. An on-premise barber pole of a length not to exceed ten feet in height measured from the finished grade to the top of the sign.

G. Signs that are not expressly permitted in a specific zone are otherwise prohibited.

H. Electronic message boards that do any of the following:

1. Display animated messages, including flashing, blinking, fading, rolling, dissolving, or any other effect that gives the appearance of movement;

2. Include or emit an audio message;

3. Display a message for a period less than 20 seconds;

4. Have the transition from one message to another that is not instantaneous as perceived from the human eye; or

5. Display messages that are not complete, requiring any message to continue by fading, scrolling, or other manner to a subsequent message.

All electronic message boards shall comply with this section and the requirements located in the definition of "electronic message boards" in Section 17.69.050.Q. of this chapter.

I. Portable signs, as defined in this chapter, including, but not limited to, A-frame signs.

J. Persons or costumed persons holding signs with the purpose of drawing attention to or advertising a commercial enterprise, including but not limited to sign spinners/twirlers, commercial mascots, and sign clowns.

Ordinance No. CS 1057 Page 3
K. Commercial flags, banners, or any signs attached to poles with the intent to flap in the wind.

SECTION 2: The City of Atwater does hereby remove the following sections from the Atwater Municipal Code:

17.69.340 Portable signs.

A. One portable sign may be allowed for each business location.

B. Each portable sign shall be limited to a maximum display time of 60 days per year.

C. The sign may have two faces but not exceed a maximum of four feet in height measured from the finished grade to the top of the sign and six square feet in area for each face.

D. An annual permit must be obtained from the Building Official prior to placement of a portable sign and will specify the allowable days for display.

E. A portable sign shall only be permitted if the following conditions are met:

1. The sign shall not obscure or visibly impair vehicular traffic

2. The sign shall not be placed within the public right-of-way, on publicly owned property, or off the premises.

F. The portable sign is to be used for promotional advertising and shall not contain the business name.

G. The sign shall be constructed of permanent materials.

H. Any violations of the above requirements will result in forfeiture of the permit.

17.69.360 Temporary outdoor promotional displays.

A. Outdoor promotional displays are allowed for special promotional uses only and are authorized by permit from the Director or his/her designees.

B. Only one display may be used at a time.

C. Outdoor promotional displays are valid for a period of 15 days and may be used for no more than three promotional events per calendar year for a total of 45 days.

D. Outdoor promotional displays are to be used for promotional uses only and shall not contain the business name, address, or directional information.

E. One permanent Clip Board for temporary promotional signs may be used in commercial zones. The sign's design is subject to the wall sign regulations of the zone in which placed and is calculated in the permitted sign area.

Ordinance No. CS 1057 Page 4
SECTION 3: The City Council does hereby amend section 17.69.720 of the Atwater Municipal Code to read as follows (deletions are marked in strikethrough, and additions are marked in underline):

17.69.720 Enforcement.

It shall be the duty of the building official, the City Manager, or Planning Director, or designee to enforce the provisions of this ordinance. Any sign installed, substantially altered, or relocated contrary to the provisions of this ordinance shall be declared to be in violation of this ordinance. Violation of this section shall constitute an infraction and will be punishable by a fine of up to $500.00 for each violation or subsequent violations.

Enforcement of this Chapter shall be in accordance with Section 8.32.030, 8.32.070,

8.32.080, 8.32.090 of this code.

SECTION 4: EFFECTIVE DATE. This ordinance shall take effect and be enforced thirty (30) days after its adoption.

Section 5: 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 6: CEQA. Approval of the amendments in this Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (“CEQA”) Guidelines section 15061(b)(3), that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

SECTION 7: 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: March 27, 2023
ADOPTED:

AYES: Ambriz, Raymond, Button, Cale, Nelson
NOES: None
ABSENT: None

Ordinance No. CS 1057 Page 5
APPROVED:
________________________________

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

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1060

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING ZONE
CHANGE NO. 22-24-0400 LOCATED ALONG THE

SOUTH SIDE OF COMMERCE AVENUE AND

ADOPT AN INITIAL STUDY AND MITIGATED

NEGATIVE DECLARATION
WHEREAS, a duly noticed public hearing on February 15, 2023, the Planning Commission of the City of Atwater reviewed Zone Change 22-24-0400 (the Project), and an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring Report Program (MMRP) to recommend to City Council.

WHEREAS, The applicant, Terry Rolfe has submitted a Zone change.

WHEREAS, __ person(s) spoke in favor of the Zone Change, __ person(s) spoke in opposition of the Zone Change, and __ written comment(s) have been submitted either in opposition or in favor of the Zone Change; and,
WHEREAS, the proposed Zone Change No. 22-24-0400 would not have a detrimental effect on the health, safety, and welfare of the neighborhood nor have any adverse effect on the community; and,
WHEREAS, pursuant to the IS/MND and MMRP, the applicant has proposed adequate mitigation measures for the environmental impacts associated with the Project; and WHEREAS, the City Council finds that the following findings can be made for Zone Change No. 22-24-0400, and the IS/MND and MMRP in support of the Project:

1. The proposed zone change from Industrial to Business Park is consistent with the City’s General Plan, and will allow for development of this and future uses which are attractively designed and consist of a mix of commercial and industrial uses.

2. The project underwent CEQA review, and an IS/MND and MMRP were prepared to adequately identify and address any environmental impacts associated with the Project.

3. The public hearing for this Project has been adequately noticed and advertised.

4. Adoption of the ordinance will not have a detrimental effect on the health, safety, and welfare of the neighborhood or any adverse effects on the community.

Ordinance No. CS 1060 Page 2
NOW, THEREFORE, the City Council of the City of Atwater does hereby ordain as follows:

SECTION 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Initial Study/Mitigated Declaration, Mitigation Monitoring Reporting Program, Zone Change No. 22-24-0400, Site Plan and Architectural Review for the project is compliant with CEQA.

SECTION 3. Zone Change. The proposed zone change for the Project Site (APN: 056- 241-012; 056-241-013; and 056-241-014) from Industrial to Business Park is hereby approved and made, and consistent with the City’s General Plan, and will allow for development of this and future uses which are attractively designed and consist of a mix of commercial and industrial uses.

SECTION 4. Publication; Effective Date. Within 15 days from and after adoption, this Ordinance, or a summary thereof, shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced 30 days after its adoption.

SECTION 5. 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 6. Record of Proceedings. The custodian of records for this Ordinance is City Clerk and the records compromising the administrative record for this Ordinance are located at 1160 Fifth Street, Atwater, CA 95301.

PASSED AND ADOPTED by the City Council of the City of Atwater on the day of , 20 , by the following vote:

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

Ordinance No. CS 1060 Page 3
APPROVED:
__________________________________

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

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3381-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING RESOLUTION
2145-06 DECLARING CERTAIN ROADS TO BE

SUBJECT TO PUBLIC TRAFFIC REGULATIONS
WHEREAS, pursuant to Section 21107.7(a) of the Vehicle Code of the State of California, the City Council of the City of Atwater may find and declare privately owned and maintained roads and rights-of-way within the city that are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public, will best be served by application of the provisions of the Vehicle Code; and
WHEREAS, public safety, land preservation, and convenience demand the application of the Provisions of the California Vehicle Code be applied to certain private roads.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater hereby amends Resolution No. 2145-06 finding and declaring the following named privately owned and maintained roads and rights-of-way as described in the resolution within the city will best be served by application of the provisions of the Vehicle Code on those roads, to wit;
a. The parking lot of the Atwater Village Shopping Center located on the in the 500 block of Bellevue Road in Atwater;
b. The entire parking lot located adjacent to the Professional buildings located at 1401 Broadway Street in Atwater;
c. The Professional Building parking lot located at 1599 Broadway Avenue; d. The Professional Building parking lots which are adjacent to 2500 Shaffer Road;
e. The Bellevue Shopping Center· parking lot, to include addresses 170 through 298 Bellevue Road;
f. The Professional Building parking lot located at 1895 Bellevue Road; g. The Professional Building parking lot located at 598 Bellevue Road; h. The Professional Building parking lot located at 596 Bellevue Road; i. The Professional Building parking lot located at 400 Bellevue Road; j. The Professional Building .parking lot located at 300 Bellevue Road; k. The Professional Building parking lot located at 350 Bellevue Road; l. The Professional Building parking lot located at 2699 First Street; m. The Professional Building parking lot located at 100 East Bellevue Road; n. The Professional Building parking lot located at 1574 East Bellevue Road;

Resolution No. 3381-23 Page 2
o. The Professional Building parking lot located at 2689 Buhach Road; p. The Professional Building parking lot located at 1598 Bellevue Road; q. The Professional Building parking lot located at 1031 Bellevue Road; r. The Professional Center complex parking lot located at 325 East Bellevue Road;
s. The Professional Building parking lot located at 295 East Bellevue Road; t. The Professional Building parking lot located at 281 East Bellevue Road; u. The Professional Building parking lot located at 261 East Bellevue Road; v. The Five Comers Crossing parking lot, to include addresses 2720 to 2840 Shaffer Road;
w. The Professional Building parking lot located at 735 Bellevue Road; x. The Professional Building parking lot located at 785 Bellevue Road; y. The Professional Building parking lot located at 975 Bellevue Road; z. The Professional Building parking lot located at 1605 Bellevue Road; aa. The Apartment Complex parking lot located at 2691 Olive Avenue; bb. All roadways within the boundaries of the Bellevue Mobile Home Park; cc. All roadways within the boundaries of the Jacobs Ranch Homeowners Association;
dd. All roadways within the boundaries of the Shaffer Lakes West Master Homeowners Association;
ee. All roadways within the Meridian Homeowners Association; ff. All roadways within the America West Homeowners Association; gg. All roadways within the Jennings Mobile Home Manor. hh. The Save Mart Parking lot, to include addresses 1600 to 1800 Bellevue Rd.
ii. The Parking Lots serving 800 to 1200 Commerce Dr.
jj. The parking lots serving Bell Crossing Shopping Center 1500 block of Bell Drive.

The foregoing resolution is hereby adopted this 10th day of April 2023.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

SITE PLAN FOR TERRY ROLFE INDUSTRIAL AND COMMERCIAL DEVELOPMENT OCTOBER, 2022 SHEET 1 OF 4

COMMERCE AVENUE TBD COURT
STATE ROUTE 99

SITE PLAN FOR TERRY ROLFE INDUSTRIAL AND COMMERCIAL DEVELOPMENT OCTOBER, 2022 SHEET 2 OF 4 VICINITY MAP PROJECT COMMERCE AVENUE CROSS SECTION COMMERCE AVENUE TBD COURT MATCHLINE - SHEET 2 MATCHLINE - SHEET 2 STATE ROUTE 99 ATWATER DRAIN

SITE PLAN FOR TERRY ROLFE INDUSTRIAL AND COMMERCIAL DEVELOPMENT OCTOBER, 2022 SHEET 3 OF 4 TBD COURT MATCHLINE - SHEET 1 MATCHLINE - SHEET 2 MATCHLINE - SHEET 3 MATCHLINE - SHEET 3 ATWATER DRAIN ATWATER DRAIN

SITE PLAN FOR TERRY ROLFE INDUSTRIAL AND COMMERCIAL DEVELOPMENT OCTOBER, 2022 SHEET 4 OF 4 MATCHLINE - SHEET 2

ATWATER DRAIN

BUILDING ELEVATIONS FOR TERRY ROLFE INDUSTRIAL AND COMMERCIAL DEVELOPMENT OCTOBER, 2022 SHEET 1 OF 2 CONCEPTUAL ELEVATION (PARCEL 1) CONCEPTUAL ELEVATION (PARCEL 2 AND 3)

BUILDING ELEVATIONS FOR TERRY ROLFE INDUSTRIAL AND COMMERCIAL DEVELOPMENT OCTOBER, 2022 SHEET 2 OF 2 PARCEL 4 CONCEPTUAL ELEVATION (COLORS/MATERIALS)

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 10, 2023
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief

PREPARED
BY:

Michael Salvador, Police Chief
SUBJECT: Adopting Resolution Amending Resolution No. 2145-06 Declaring Certain Roads to be Subject to Public Traffic Regulations (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Open the public hearing and take any testimony given;
Close the public hearing;
Motion to adopt Resolution No. 3381-23, amending Resolution No. 2145-06 declaring certain roads to be subject to public traffic regulations.

Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

Pursuant to Section 21107.7(a) of the Vehicle Code of the State of California, the City Council may find and declare privately owned and maintained roads and rights-of-way within the city that are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions of the Vehicle Code on those roads, The address information in Resolution No. 2145-06 is outdated and staff has received requests for an updated resolution to add new enforceable locations.

In order to enforce traffic regulations in the above mentioned areas, staff is recommending that the City Council adopt Resolution 3381-23 to correct the outdated information and add the new locations to the resolution pursuant to the owners' requests.

The public hearing notice was advertised once in the local publication ten (10) days prior to said hearing.

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

Agenda Report - Page 2

II. FISCAL IMPACTS:

There are no negative fiscal impacts to adopting Resolution No. 3381-23, amending Resolution No. 2145-06 declaring certain roads to be subject to public traffic regulations.

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 and assists in the execution of the City Strategic Plan that was introduced on April 8, 2019.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

A public hearing notice was published in the Merced Sun Star March 27, 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, the Police Department will work collaboratively to enforce traffic regulations.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager

Agenda Report - Page 3

Attachments:

1. Resolution No. 3381-23 Amending Resolution 2145-06 Declaring Certain Roads to be Public Traffic Regulations

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3381-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING RESOLUTION
2145-06 DECLARING CERTAIN ROADS TO BE

SUBJECT TO PUBLIC TRAFFIC REGULATIONS
WHEREAS, pursuant to Section 21107.7(a) of the Vehicle Code of the State of California, the City Council of the City of Atwater may find and declare privately owned and maintained roads and rights-of-way within the city that are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public, will best be served by application of the provisions of the Vehicle Code; and
WHEREAS, public safety, land preservation, and convenience demand the application of the Provisions of the California Vehicle Code be applied to certain private roads.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater hereby amends Resolution No. 2145-06 finding and declaring the following named privately owned and maintained roads and rights-of-way as described in the resolution within the city will best be served by application of the provisions of the Vehicle Code on those roads, to wit;
a. The parking lot of the Atwater Village Shopping Center located on the in the 500 block of Bellevue Road in Atwater;
b. The entire parking lot located adjacent to the Professional buildings located at 1401 Broadway Street in Atwater;
c. The Professional Building parking lot located at 1599 Broadway Avenue; d. The Professional Building parking lots which are adjacent to 2500 Shaffer Road;
e. The Bellevue Shopping Center· parking lot, to include addresses 170 through 298 Bellevue Road;
f. The Professional Building parking lot located at 1895 Bellevue Road; g. The Professional Building parking lot located at 598 Bellevue Road; h. The Professional Building parking lot located at 596 Bellevue Road; i. The Professional Building parking lot located at 400 Bellevue Road; j. The Professional Building .parking lot located at 300 Bellevue Road; k. The Professional Building parking lot located at 350 Bellevue Road; l. The Professional Building parking lot located at 2699 First Street; m. The Professional Building parking lot located at 100 East Bellevue Road; n. The Professional Building parking lot located at 1574 East Bellevue Road;

Resolution No. 3381-23 Page 2
o. The Professional Building parking lot located at 2689 Buhach Road; p. The Professional Building parking lot located at 1598 Bellevue Road; q. The Professional Building parking lot located at 1031 Bellevue Road; r. The Professional Center complex parking lot located at 325 East Bellevue Road;
s. The Professional Building parking lot located at 295 East Bellevue Road; t. The Professional Building parking lot located at 281 East Bellevue Road; u. The Professional Building parking lot located at 261 East Bellevue Road; v. The Five Comers Crossing parking lot, to include addresses 2720 to 2840 Shaffer Road;
w. The Professional Building parking lot located at 735 Bellevue Road; x. The Professional Building parking lot located at 785 Bellevue Road; y. The Professional Building parking lot located at 975 Bellevue Road; z. The Professional Building parking lot located at 1605 Bellevue Road; aa. The Apartment Complex parking lot located at 2691 Olive Avenue; bb. All roadways within the boundaries of the Bellevue Mobile Home Park; cc. All roadways within the boundaries of the Jacobs Ranch Homeowners Association;
dd. All roadways within the boundaries of the Shaffer Lakes West Master Homeowners Association;
ee. All roadways within the Meridian Homeowners Association; ff. All roadways within the America West Homeowners Association; gg. All roadways within the Jennings Mobile Home Manor. hh. The Save Mart Parking lot, to include addresses 1600 to 1800 Bellevue Rd.
ii. The Parking Lots serving 800 to 1200 Commerce Dr.
jj. The parking lots serving Bell Crossing Shopping Center 1500 block of Bell Drive.

The foregoing resolution is hereby adopted this 10th day of April 2023.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 10, 2023
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief, Michael Salvador, Police Chief

PREPARED
BY:

Frank Splendorio, City Attorney
SUBJECT: Waiving the first reading, by title only and introducing an Ordinance amending Sections 5.54.120 and 5.54.130 and Adding Sections 5.54.150, 5.54.160, 5.54.170, 5.54.180, 5.54.190, and

5.54.200 to the Atwater Municipal Code Regarding Fireworks, and Determing the Ordinance to be Exempt from CEQA(CAL FIRE Battalion Chief Ayuso and Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Open the public hearing and take any testimony given;
Close the public hearing; and,
Motion to waive the first reading, by title only, and introduce Ordinance No. CS 1062 amending Sections 5.54.120 and 5.54.130 and Adding Sections 5.54.150, 5.54.160,

5.54.170, 5.54.180, 5.54.190, and 5.54.200 to the Atwater Municipal Code Regarding Fireworks, and Determining the Ordinance to be Exempt from CEQA; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

In recent years, many cities throughout California, including Atwater, have seen an increase in the use of fireworks during the period surrounding the Fourth of July and other major holidays. This can involve an increase in calls for service to the Police Department or the City’s Code Enforcement staff, which puts a strain on the City’s resources. Further, a 2020 Fireworks Annual Report by the U.S. Consumer Product Safety Commission found a 50% increase in injuries from fireworks-related incidents in 2020, compared to 2019. And, the National Fire Protection Association reports more than 19,000 fires in the U.S. are caused annually by fireworks.

In light of these concerns, and in order to enhance the City’s enforcement authority, staff is proposing the following updates to the fireworks portion of the Atwater Municipal

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

Agenda Report - Page 2

Code (“AMC”):
• Inclusion of a “Social Host” component, which will allow the City to cite owners and lessors of private property, and any persons hosting or sponsoring a gathering on public or private property, who permit another person to use fireworks in violation of the City’s regulations;
• Inclusion of an administrative citation framework (in addition to the existing criminal citation procedures), to allow the City to impose administrative fines in the following amounts, subject to due process considerations like a hearing on the citation:

Number of Offense in
a 1 Year Period
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty plus Late
Charge
First $1,000 $250 $1,250
Second $2,000 $500 $2,500
Third and Subsequent $3,000 $1,000 $4,000
• Inclusion of language addressing the state law requirement that the State Fire Marshal be reimbursed the actual cost of transporting and disposing dangerous fireworks that are seized by the City.

California Health and Safety Code section 12541 authorizes the City Council to establish local fireworks prohibitions and regulations. There have been ongoing concerns from the community regarding the illegal use of fireworks in the City, which is an immediate and imminent hazard and threat to the health, safety, and general welfare of fireworks users, spectators, and the general public, as well as a potential threat to property. Efforts to effectively regulate this activity are difficult for many reasons, including limited enforcement options, inability to identify the actual user or possessor of fireworks (particularly in large group settings), and insufficient penalties.

To address these regulatory difficulties, staff is proposing amendments to the City’s current fireworks ordinance, codified at AMC Chapter 5.54. These amendments will make it easier for City staff to enforce the existing fireworks regulations, and will provide those potential violators with advanced notice of the possibility of administrative citations and “social host” liability for allowing others to violate the regulations on their property.

II. FISCAL IMPACTS:

No negative fiscal impacts are anticipated with the approval of this project, as existing police, fire, and code enforcement staff will handle citation issuance. The City may experience increased collection of administrative fines as a result of enhanced enforcement of this ordinance. This item has been reviewed by the Finance Department.

Agenda Report - Page 3

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This ordinance would supplement the current Chapter 5.54 ,“Fireworks,” which already provides for limitations on the possession and discharge of fireworks, sales permit and storage requirements, and criminal citation enforcement efforts, with the new provisions outlined above.

This ordinance is consistent with the goals and polices of the General Plan and does not conflict with any other portion of the Atwater Municipal Code.

V. ALTERNATIVES:

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

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

VI. INTERDEPARTMENTAL COORDINATION:

This item has been routed and reviewed by all departments.

VII. PUBLIC PARTICIPATION:

The public hearing was adequately noticed and advertised for the regularly scheduled City Council meeting on April 10, 2023.

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

VIII. ENVIRONMENTAL REVIEW:

This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule 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.

Agenda Report - Page 4

Submitted by:
___________________________________________________________ ______________________________________________________________________ _
Bobby Ayuso, CAL FIRE Battalion Chief
Submitted by:

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Ordinance No. CS 1062 Updating Fireworks Regulations (final 4.4)-c1

83744.00001\35008581.1
ORDINANCE NO. CS 1062

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATWATER AMENDING SECTIONS 5.54.120 AND 5.54.130,
AND ADDING SECTIONS 5.54.160, 5.54.170, 5.54.180,

5.54.190, 5.54.200, AND 5.54.210, TO THE ATWATER

MUNICIPAL CODE REGARDING FIREWORKS, AND

DETERMINING THE ORDINANCE TO BE EXEMPT FROM
CEQA
WHEREAS, the City of Atwater, California (“City”) is a municipal corporation, duly organized under the constitution and the laws of the State of California; and WHEREAS, the City currently regulates the all matters pertaining to fireworks within the City through Atwater Municipal Code (“AMC”) Chapter 5.54; and WHEREAS, until recent changes in the state law, cities were limited to enforcing fireworks violations through criminal citations only, which entailed arrests, court hearings, and the City having to meet the burden of showing a violation through “proof beyond a reasonable doubt,” all of which made fireworks enforcement difficult and expensive at the local level; and
WHEREAS, in 2007, the California Legislature approved, and the Governor signed into law, Senate Bill 839, which authorized cities to adopt an administrative citation and fine process in addition to criminal enforcement mechanisms; and WHEREAS, in light of the danger to the safety and persons and property in the City, including risks of severe, expensive fires and related City emergency responses, the City wishes to enhance its enforcement efforts by updating its fireworks regulations; and WHEREAS, the City further desires to amend its fireworks regulations to include a “social host” component, allowing the City to cite for violations that occur on a responsible person’s property, and to clarify the City’s cost recovery procedure for State Fire Marshal expenses relating to the transportation and disposal of fireworks seized by the City; and WHEREAS, in accordance with the California Environmental Quality Act (Pub.

Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City has determined that the revisions to the [City]

CITY COUNCIL
OF THE

CITY OF ATWATER

83744.00001\35008581.1
Municipal Code are exempt from environmental review; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Atwater does hereby ordain as follows:

SECTION 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly.

The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule 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.

SECTION 3. Section 5.54.120 Amended. Section 5.54.120 (Violations) of the AMC is hereby amended to read in full as follows (deletions shown in strikethrough, additions shown in underline):
“5.54.120 – Violations.

A. It shall be unlawful for any person to violate, or to permit the violation of, any provision of this chapter. All owners, occupants and other persons at or on the property or premises where fireworks are possessed, sold, ignited, exploded, discharged, projected, fired or used may be cited for and convicted of violations of this chapter as well as any other applicable laws.

B. A violation of this chapter shall constitute a misdemeanor, and shall be punishable as set forth in California Health and Safety Code Sections 12700 and 12702, as may be amended from time to time. In addition, conviction under this chapter shall be punishable as follows: the first conviction shall be punishable by a fine not to exceed the amount of $500.00, the second and any subsequent conviction within a 12-month period shall be punishable by a fine not to exceed the amount of $1,000.00 or by imprisonment in the county jail for not to exceed one year, or by both the fine and imprisonment. These punishments may be increased in accordance with Section 12702 based on the amount of fireworks possessed.

C. Violations shall be prosecuted by the City Attorney through the provisions of this chapter, administrative code enforcement mechanisms, any other enforcement procedures provided in the Atwater Municipal Code, or any combination thereof.

D. In addition to any other remedy available at law, any person in violation of this chapter is subject to an administrative fine as follows:

83744.00001\35008581.1
Number of Offense
in a 1 Year Period
Amount of
Administrative
Penalty
Late Charge
Total Amount of
Penalty plus Late
Charge
First $1,000 $250 $1,250
Second $2,000 $500 $2,500
Third and Subsequent $3,000 $1,000 $4,000
E. Fines collected pursuant to this chapter related to “dangerous fireworks” shall not be subject to Health and Safety Code section 12706, which section provides that certain fines must be deposited with and disbursed by the County Treasurer.

SECTION 4. Section 5.54.130 Amended. Section 5.54.130 (Seizure – Destruction) of the AMC is hereby amended to read in full as follows (deletions shown in strikethrough, additions shown in underline):
“5.54.130 – Seizure – Destruction.

A. Any condition caused or permitted to exist in violation of this chapter constitutes a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, which may be summarily abated or restored by the City at the violator's expense and the City may institute a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.

B. Pursuant to the state fireworks law, the Fire Chief, his or her authorized representatives, and law enforcement officers may seize in any fireworks described in Health and Safety Code section 12722 (as may be amended or renumbered from time to time), including but not limited to:

1. Dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by a person who does not possess a valid permit;

2. Safe and sane fireworks stored in violation of the conditions required by a permit;

3. Safe and sane fireworks sold or offered for sale at retail that do not bear the State Fire Marshal label of registration and firing instructions;

4. Safe and sane fireworks sold or offered for sale at retail that are in unsealed packages or containers that do not bear the state fire marshal label of registration and firing instructions; and

5. Fireworks still possessed by a person who has just thrown any ignited fireworks at a person or group of persons.

C. In addition to all other amounts which are authorized to be collected by the City for fines, late charges, penalties, interest, or costs, a responsible party shall pay to the City, which shall in turn remit to the State Fire Marshal, the actual cost for transportation and disposal of the seized fireworks, in an amount determined by adopted regulations, rules, policies, or procedures of the State of California or State Fire Marshal’s office.”
SECTION 6. New Sections. Sections 5.54.160, 5.54.170, 5.54.180, 5.54.190,

5.54.200, and 5.54.210 are hereby added to Chapter 5.54 of the AMC, to read in full as follows:

83744.00001\35008581.1
“5.54.160 – Social Host Liability.

A. For purposes of this section, “Social Host” means:

1. Any owner of private property, as listed on the most recent county tax assessment roll;

2. Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; or

3. Any person who hosts, organizes, supervises, officiates, conducts, or sponsors a gathering on public or private property, and if such person is a minor, then that person’s parents or legal guardians.

B. No Social Host shall permit any persons to use fireworks in violation of this chapter:

1. On property that is either owned by the Social Host or occupied or otherwise used by the Social Host pursuant to a lease, permit, license, rental agreement, or contract, or

2. At any gathering on public or private property that is hosted, organized, supervised, officiated, conducted, or sponsored by the Social Host.

C. It is the duty of any Social Host who knowingly hosts, permits, or allows any gathering to take place to take all reasonable steps to prevent the unlawful use of fireworks by that Social Host’s guests or invitees.

D. No Social Host shall, with respect to private property where fireworks are unlawfully used, be liable for a violation of this section if the Social Host can demonstrate that at the time of such violation, the Social Host (i) had rented or leased the property to another; (ii) was not present, and (iii) had no prior knowledge of the violation.

E. No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable under this section for violations occurring in the common areas of the property.

5.54.170 – Contents of Administrative Citation.

A. When a person responsible for enforcing this chapter determines that a violation of this chapter has occurred, that person may issue an administrative citation on a City-approved form listing the nature of the violation and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter.

B. Each administrative citation issued under this section shall contain the following information:

1. The name, mailing address, date of birth, California Driver’s License number (if available), and home or business telephone number of the responsible person charged with any violation of this chapter;

2. The address or description of the location of the violation;

3. The date or dates on which the person violated this chapter;

4. The section or sections of this chapter that were violated;

5. A description of the violation(s);

6. The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s), if not

83744.00001\35008581.1
timely paid, and notice that if the city is required to take action to collect such fines, the responsible person may be charged costs and attorney's fees;

7. Notice of the procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to be considered timely);

8. The names, addresses, and telephone numbers of any witnesses to the violation(s);

9. The name and signature of the person who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of its issuance. The failure or refusal of a citee to sign a citation or provide the information required on the citation, shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of this chapter; and

10.Any other information deemed necessary by the director for enforcement or collection purposes.

5.54.180 – Administrative Hearing – Procedures.

A. Any citee may contest the violation(s), or the fact that he or she is a responsible person, by filing a request for an administrative hearing on a city-approved form with the Atwater Police Department’s office within thirty calendar days from the issuance date of a citation. If the police chief does not receive the request in the required time period, the citee shall have waived a right to a hearing and the citation shall be deemed confirmed and final.

B. No fees shall be charged for the filing of a request for a hearing.

C. Citees must deposit the full amount of the penalty listed on the citation on or before the request for a hearing is filed. Failure to deposit the full amount of all penalties within the required time period, or the tender of a non-negotiable check, shall render a request for an administrative hearing incomplete and untimely.

Penalties that are deposited with the city shall not accrue interest. Penalties deposited shall be returned to the person who deposited them if the citation is overturned.

D. A request for a hearing shall contain the following:

1. The citation number;

2. The name, address, telephone number, and any facsimile numbers and e-mail addresses of each person or responsible person contesting the citation;

3. A statement of the reason(s) why a citation is being contested; and

4. The date and signature of the citee(s).

5.54.190 – Administrative Citation Review Process.

A. Once a request for administrative hearing that meets the requirements of section

5.54.190 is received, the city will set a date for the hearing that is within sixty calendar days from receipt of the timely and complete application by the police

83744.00001\35008581.1
chief.

B. The city will notify all persons or responsible person(s) who file a request for a hearing in writing by first class mail of the date, time, and place set for the hearing at least ten calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure of a citee to receive a properly addressed notice shall not invalidate the citation or any hearing, city action, or proceeding conducted pursuant to this chapter.

C. If the city representative handling the code enforcement matter submits any additional written reports or materials concerning the citation to the city for consideration at the hearing, those materials will also be served by first class mail on the person who requested the administrative hearing, no less than seven calendar days prior to the date of the hearing. Failure to receive such materials shall not invalidate the citation or any hearing, city action, or proceeding pursuant to this chapter.

D. The City Manager shall designate or appoint a hearing officer, who shall hear all requests for administrative hearings on administrative fines in accordance with the procedures established by this section.

E. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Photographs of seized fireworks shall be admissible evidence of the violation. The city bears the burden of proof to establish a violation and responsibility therefore by a preponderance of evidence. The citation is prima facie evidence of the violation, however, the person who issued the citation is required to attend or participate at the hearing. The citee(s) and issuing person, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses.

F. A citee may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the city at least seven business days prior to the hearing. If the citee fails to attend or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed confirmed.

G. After considering all of the testimony and evidence submitted at the appeal hearing, the hearing officer shall issue a written decision to uphold or dismiss the administrative citation, and shall list in the decision the reasons therefor.

1. If the hearing officer determines that the administrative citation should be upheld, the hearing officer may increase the fine amount. The appellant shall pay any increased amount within thirty days of receiving the hearing officer’s decision.

2. If the hearing officer determines that the administrative citation should be dismissed or the fine reduced, city shall refund the appropriate amount of the pre-deposited fine within thirty days of the hearing.

H. Hearings may be continued once at the request of a citee or the officer who issued the citation. The hearing officer may also continue the hearing for cause.

5.54.200 – Administrative Hearing – Right of Appeal.

A. After considering all the testimony and evidence submitted at the hearing, the

83744.00001\35008581.1
hearing officer shall issue a written decision to uphold or overturn the citation and shall state the reasons therefore.

B. The hearing officer shall serve citee(s) by first class mail with a copy of the written decision. The date the decision is deposited with U.S. Postal Service shall constitute the date of its service. The failure of a citee to receive a properly addressed decision shall not invalidate any hearing, city action, or proceeding conducted pursuant to this chapter.

C. The decisions of the hearing officer may be appealed by the citee to the city council within thirty calendar days after the date of service of the decision. Each decision shall contain a statement advising the citee of this appeal right and the procedure for its exercise.

D. If a hearing officer's decision is not appealed in a timely manner, the decision shall be deemed confirmed.

E. If a responsible person prevails on appeal, the city shall reimburse his or her fine deposit within thirty calendar days of the city council's decision on the appeal.

5.54.210 – Provisions Supplementary to Fire Code.

The provisions of this chapter are supplementary to the provisions of the Fire Code of the City of Atwater. In case of a direct conflict between the provisions of the Fire Code of the city, and the provisions of this chapter, the provisions of this chapter shall prevail.

Except with respect to such direct conflict, the provisions of the Fire Code of City of Atwater shall remain in full force and effect.”
SECTION 6. Publication; Effective Date. Within 15 days from and after adoption, this Ordinance, or a summary thereof, shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced 30 days after its adoption.

SECTION 7. 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 8. Record of Proceedings. The custodian of records for this Ordinance is City Clerk and the records compromising the administrative record for this Ordinance are located at 1160 Fifth Street, Atwater, CA 95301.

PASSED AND ADOPTED by the City Council of the City of Atwater on the day of , 20 , by the following vote:

83744.00001\35008581.1
INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:

MIKE NELSON, MAYOR
ATTEST:

KORY J. BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 10, 2023
TO: Mayor and City Council
FROM: Justin Vinson

PREPARED
BY:

Justin Vinson
SUBJECT: Awarding a General Construction Agreement with Phase One Construction for the Installation of the Bathrooms at Osborn Park (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Motion to award a General Construction Agreement, in a form approved by the City Attorney, to Phase One Construction of Atwater, California, for the Installation of the Osborn Park Bathrooms, City Project 22-05, in an amount not to exceed $74,327.00 and authorize construction contract change orders up to an aggregate amount of $7,432.70 (10%); and authorize and direct the City Manager to execute all contract documents on behalf of the City; 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 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.

At the regular City Council Meeting on March 13, 2023, the City Council authorized a call for bids for the Installation of the Bathrooms at Osborn Park. Bid proposals for this project were opened on Thursday March 30, 2023 at 2:00 P.M. Zero (0) bids were received.

Pursuant to Public Contract Code section 22000, a public project of between $60,000 and $200,000 may be let to contract by informal bidding procedures. Staff reached out for quotes informally, since the engineers' estimated cost of the project was $62,829.

Staff received 3 bids. The Bid Summary (Exhibit "A") shows the bid amounts ranging from $74,327 to $94,119.20. Staff reviewed the bids and determined that the bid

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

Agenda Report - Page 2

submitted by Phase One Construction of Atwater, California, in the amount of $74,327.00 is the lowest responsive and responsible bid.

The recommended contract administration practice is to include 10% of the bid amount as contingency funds for unforeseen and necessary changes to the contract. Staff is recommending a total construction budget of $7,432.70. This total budget includes the construction contract amount of $74,327.00 and $7,432.70 for contingencies.

II. FISCAL IMPACTS:

Sufficient funding for this project is budgeted in the Parks Fund, Capital Improvements, Osborn Park Rehabilitation Account No. 1020.1080.V039.

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 of Atwater's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and Ehance quality of life.

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines , Section 15301, Class 1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilites.

IX. STEPS FOLLOWING APPROVAL:

Following City Council approval for the award of the contract, staff will issue a notice of award to the contractor, hold a pre-construction meeting, and issue a notice to proceed, with construction to follow.

Submitted by:

Agenda Report - Page 3

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Exhibit A-Bid Summary for Installation of the Bathrooms

2. General Construction Agreement between the City of Atwater and Phase 1 Construction-c1

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Phase 1 Page 1 of 16

GENERAL CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and Phase 1 Construction, (“Contractor”) as of April 25, 2023, City and Contractor shall be referred to herein separately as a “Party” and collectively as “Parties”.

1. The Contract. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:

A. This Contract;
B. Plans and Specifications for PROJECT NO. 22-05;
C. Special Provisions for PROJECT NO. 22-05;
D. Notice to Contractors;
E. Proposal to the City of Atwater;
F. Performance Bond;
G. Labor and Material Bond;
H. Current edition of the Caltrans Standard Specifications; I. Current edition of the Caltrans Standard Plans;
J. The latest revisions to the General Prevailing Wage Rates; and K. Any Published Addenda.

Any and all obligations of the City and the Contractor are fully set forth and described therein.

All of the above component documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The component documents comprising the complete Contract are sometimes hereinafter referred to as the “Contract Documents”. To the extent any of the Contract Documents are in conflict with each other, the component documents shall have priority based upon their hierarchical order set forth above.

2. Effective Date. This Contract shall only become effective once all of the Parties have executed the Contract (the “Effective Date”). Contractor, however, shall not commence the performance of the work until it has been given notice by City (“Notice to Proceed”).

3. Term. This Contract shall commence on the Effective Date and naturally terminate after Final Payment of Contractor by City as defined by Section 5-1.08 of the Special Provisions.

Section 8-1.14 of the 2022 Caltrans Standard Specifications provides for Terminations. Section 2-

1.12A of the 2022 Caltrans Standard Specifications allows for termination in accordance with 49 CFR 26.13(b) for failure by the contractor to carry out the requirements of 49 CFR part 26 in the award and administration of this contract.

4. The Work. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner all work of improvement in accordance with the Contract Documents, and in the manner designated in, and in strict conformity with, the Project Plans and Specifications for PROJECT

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Phase 1 Page 2 of 16
NO. 22-05, entitled, “OSBORN PARK RESTROOM PROJECT 22-05” for construction in Atwater, Merced County, California. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and said work performed and completed as required in said Project Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City or its representative.

The City hereby designates the City Engineer as its representative for the purpose of this Contract.

City, without invalidating this Contract, may order changes to the work, consisting of additions, deletions, or other revisions. All such changes to the work, including in the Contract Price and Contract time for performance, shall be authorized by Change Order or Work Change Directive, signed by the City Manager. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract time for performance if it fails to secure such written authorization for such work, except in the case of an emergency as provided in the 2010 Caltrans Standard Specifications or the Special Provisions.

5. Contract Price. The City agrees to pay, and the Contractor agrees to receive and accept, the following Contract prices as full compensation for furnishing all materials and performing all work in accordance with this Contract as follows:

BASE BID

OSBORN PARK RESTROOM PROJECT
ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY UNIT
PRICE
TOTAL
1 Site Clearing & Demolition LS 1 $6,200
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
LS
LS
LS
LS
LS
$6,200
2 Site Grading LS 1 $4,000
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
LS
LS
LS
LS
LS
$4,000
3 Ex. Concrete Removal LS 122 $8
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
LS
LS
LS
LS
LS
$976
4 4” Sanitary Sewer System LS 1
$3,100
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
LS
LS
LS
LS
LS
$3,100
5 4” Concrete Flatwork LS 289 $34
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
LS
LS
LS
LS
LS
$9,826
6 Precast Concrete Wheel Stop LS 9
$130
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
LS
LS
LS
LS
$1,170
7 Concrete Grade Beans CY 1
$9,500
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
LS
LS
LS
$9,500
8 Sand/Aggregate Base Building Foundation LS 1
$3,800
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
LS
LS
$3,800
9 Landscaping LS 588 $3.75
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
LS
$2,205
10 Bollards LS 4
$1,200
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
LS
$4,800
11 Striping and Signage LS 1
$ 3,150
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
CY
$3,150
12 Restroom Roof and Appurtenances Installation CY 1
$13,200
LS
LS
LS
LS
LS
CY
LS
LS
LS
LS
$13,200
13 Electrical Service LS 1
$4,350
LS
LS
LS
LS
LS
CY
LS
LS
LS
$4,350
14 Under-slab Utility Services (Water, Sewer,
Electrical) LS 1 $4,200
LS
LS
LS
LS
LS
CY
LS
LS
$4,200
15 Utility Service Connection to Restroom Unit LS 1
$3,850
LS
LS
LS
LS
LS
CY
LS
$3,850
TOTAL LUMP SUM BID: Seventy-Four Thousand Three Hundred Twenty-Seven ($74,327.00)

GENERAL CONSTRUCTION CONTRACT between
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6. Termination. If the Contractor should become insolvent or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract Documents, the City may serve written notice upon Contractor and its surety of its intention to terminate the Contract. The notice shall contain the reasons for the City’s intent to terminate the Contract and unless the violation ceases and/or is corrected within ten (10) days of service of the notice, the Contract shall cease and terminate. In the event of any such termination, the City shall immediately serve a written notice of termination on the surety and the Contractor, and the surety shall have the right to take over and perform the Contract. The surety shall serve a written notice of intent to take over and perform the Contract on the City within fifteen (15) days of service of the notice to terminate and shall commence performance of the Contract within thirty (30) days from service of the notice to terminate. In the event the surety fails to serve the notice of intent to take over and perform or fails to commence performance as required in this Section, the City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its surety shall be liable to the City for any excess cost incurred by the City, and in such event the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary to complete the work. The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, with or without cause, or for convenience or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the work for any reason. The City shall provide no less than fifteen (15) calendar days written notice of its intent to terminate the Agreement for convenience and shall endeavor to provide the Contractor with consultation with the City prior to termination.

7. Notices. All notices given pursuant to this Contract shall be in writing and shall be mailed by first class mail, postage prepaid, certified or registered, with return receipt requested. Such notice shall be deemed served or given three (3) business days after deposit in the United States Postal Service. The address of each Party to this Contract for purposes of notice shall be as indicated below. Each Party may change its address for notice by giving notice of such change to the other Party in the manner set forth above.

If to City: Lori Waterman, City Manager
City of Atwater
750 Bellevue Road
Atwater, CA 95301
If to Contractor: Phase 1 Construction
PO Box 665
Atwater, CA 95301

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8. Assignment of Contract. The Contractor shall not assign the Contract, moneys due under the Contract, or monies to become due under the Contract, without first obtaining the prior written consent of the City.

9. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the faithful performance of this Contract (“Performance Bond”). The Contractor shall also furnish a separate surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney’s fee to be fixed by the court in case suit is brought upon the bond (“Labor and Material Bond”).

10. Insurance. Contractor shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide City with written proof of said insurance. Contractor shall maintain coverage as follows and will provide City with written proof of said insurance. Such insurance shall remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The cost of such insurance shall be included in the contractor’s bid. Contractor shall maintain coverage as follows:

A. Minimum Scope of Insurance.

1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $4,000,000.

2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled

ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS.

3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.

4. An Automobile Liability Special Endorsement to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).

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5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.

6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.

B. Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City.

At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects to the City, its officers, public officials, employees and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

C. Other Insurance Provisions.

The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

1. The City, its officers, public officials, agents, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.

6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Atwater.

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D. Acceptability of Commercial Insurers.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A:

VII.”
E. Verification of Coverage.

Contractor shall furnish the City with Certificates of Liability Insurance and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the Entity’s forms, provided those endorsements or policies conform to the requirements of the Contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

F. Subcontractors.

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

G. For Construction Risks.

If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.

The Course of Construction insurance policies shall contain the following provisions:

1. The City shall be named as loss payee; and

2. The insurer shall waive all rights of subrogation against the City.

11. Indemnification. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, public officials, employees, and agents thereof from and against any and all actions, claims, loss, cost, damage, injury (including, without limitation, disability, injury or death of an employee of Contractor or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to performance of the work, provided that any such action, claim, loss, cost, damage, injury, expense or liability is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from but only to the extent caused by any negligent act or omission of Contractor, subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work or anyone for whose acts any of them may be liable. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Notwithstanding the above, the Contractor shall, wherever it is

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necessary, keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public.

Acceptance by City of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Contract, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

It is expressly understood that Contractor is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Contractor shall be responsible for the payment of all taxes, workers’ compensation insurance and unemployment insurance. Should contractor desire any insurance protection, the Contractor is to acquire such protection at its expense.

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

12. Accident Prevention. Precaution shall be exercised at all times for protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California.

13. Payment. The City will make partial and final payment to the Contractor except that the City will retain five percent (5%) of the final payment amount until the expiration of thirty-five (35) days from the date of recording by City of the notice of acceptance of completion of all work covered by this Contract, at which time and not before, City shall pay to Contractor the remaining five percent (5%), less any previous payments and deductions provided for herein.

The closure date for the purpose of making monthly progress payment will be the last calendar day of that month. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the City’s payment procedure.

Each month, the Contractor will submit its own invoice for work performed through the closure date and the Engineer will make an approximate measurement of the work performed through the closure date and as a basis for making monthly payments, estimate its value based on the Contract unit prices or as the Engineer deems appropriate. The City will endeavor to, not later than twenty (20) working days after receipt of the Contractor’s invoice, make partial payment to the Contractor,

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based on work performed and material incorporated in the project as of the closure date of the particular calendar month, providing that the Contractor’s invoice for the work performed agrees with the Engineer’s determination. If the Engineer’s determination differs from the Contractor’s invoice, the City will make payment to the Contractor for those items or portions of items not in dispute not later than payment would have been made had no dispute occurred. Within ten (10) calendar days after agreement on disputed work is achieved between the City and the Contractor, the City shall pay the Contractor for any additional monies due as a result of settling any dispute.

When the work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.

The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City and subject to whatever inspection and approval may be required by law.

It is further agreed by the Parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.

14. Prevailing Wage and Labor Issues. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Contract. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.

Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated

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Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner.

Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility.

Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department.

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15. Article VI. The improvements contemplated in the performance of this Contract is a Federal-Aid improvement over which the State of California shall exercise general supervision.

The State of California therefore shall have the right to assume full and direct control over this Contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.

16. General Provisions.
(a) Modification. No alteration, amendment, modification, or termination of this Contract shall be valid unless made in writing and in accordance with the Contract Documents. (b) Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. (c) Authority. All Parties to this Contract warrant and represent that they have the power and authority to enter into this Contract and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Contract have been fully complied with.
(d) Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Contract with its own legal counsel, and based upon the advice of that counsel, freely entered into this Contract. Each Party has participated fully in the review and revision of this Contract.

Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Contract.
(e) Governing Law. This Contract shall be governed by and construed in accordance with the laws of the state of California.
(f) Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Merced.
(g) Severability. If this Contract in its entirety is determined by a court to be invalid or unenforceable, this Contract shall automatically terminate as of the date of final entry of judgment. If any provision of this Contract shall be determined by a court to be invalid and unenforceable, or if any provision of this Contract is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Contract, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Contract. (h) Counterparts. This Contract may be executed simultaneously and, in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

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(i) Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.
(j) Entire Contract. This Contract, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
(k) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Contract shall supersede any prior agreements, discussions, commitments, or representations whether, written, electronic or oral, between the Parties with respect to the subject matter of this Contract.
(l) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
(m) Headings. Headings used in this Contract are for reference purposes only and shall not be considered in construing this Contract.
(n) Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Contract, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
(o) Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Contract.
(p) Time is of the Essence. Time is of the essence in this Contract for each covenant and term of a condition herein.
(q) Claims; Government Code Claim Compliance.
a. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Section shall be construed to be consistent with said statutes. b. Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the

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City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
c. Supporting Documentation. The Contractor shall submit all claims in the following format:
i. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
ii. List of documents relating to claim:

1. Specifications

2. Drawings

3. Clarifications (Requests for Information)

4. Schedules

5. Other
iii. Chronology of events and correspondence
iv. Analysis of claim merit
v. Analysis of claim cost
vi. Time impact analysis in CPM format
vii. If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
viii. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
d. City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
i. If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed

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portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
ii. Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
iii. City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
e. Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
f. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
i. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
ii. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. iii. Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further

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obligation under Section 20104.4 to mediate after litigation has been commenced.
iv. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
g. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation. h. Civil Actions Subject to Section 20104 et seq. of the California Public Contract Code. The following procedures are established for all civil actions filed to resolve claims subject to Section 20104 et seq. of the California Public Contract Code:
i. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
ii. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. iii. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
i. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work,

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Phase 1 Page 15 of 16
claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. j. Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Phase 1 Page 16 of 16
IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Parties hereinabove named, on the day and year first herein written.

CITY OF ATWATER, a Municipal Corporation PHASE 1 CONSTRUCTION

By: _______________________________________ By:________________________________________ Lori Waterman, City Manager Terry Rolfe, Owner
Contractor licensed in accordance with an act
providing for the registration of contractors.

ATTEST:

By: ________________________________________
Kory Billings, City Clerk
APPROVED AS TO FORM:

By: ________________________________________
Frank Splendorio, City Attorney
ACCOUNT DATA: LICENSE NO. ______________________________ PROJECT NO. 22-05 TAXPAYER I.D. NO. ________________________ Contract No. _________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS: ________________________________ _____________________ / $ ______________________ PHONE: ___________________________________ FAX: _____________________________________
EMAIL: ___________________________________
By: __________________________________________ (SEAL)
Finance Director Verification

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 10, 2023
TO: Mayor and City Council
FROM: Delilah Youmara, Finance Director

PREPARED
BY:

Delilah Youmara, Finance Director
SUBJECT: Accepting City of Atwater’s audited Financial Statements and Single Audit for Fiscal Year ended June 30, 2022 (City Manager Waterman and Finance Director Youmara)

RECOMMENDED COUNCIL ACTION
Motion to accept the City of Atwater’s audited Financial Statements and Single Audit for Fiscal Year ended June 30, 2022; or
Motion to approve staff’s recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The City’s independent external auditors, Badawi & Associates Certified Public Accountants, have completed the City’s annual audit and issued the Annual Financial Report and Single Audit Reports for the Fiscal Year Ended June 30, 2022 which includes the basic financial statements for the City and other required reports.

ANALYSIS:

The financial statements are prepared by the City’s Finance Department in accordance with Generally Accepted Accounting Principles (GAAP).

Our external auditors have the responsibility to audit these statements in accordance with the Generally Accepted Auditing Standards with the goal of determining whether the financial statements are free of material misstatement.

If this goal can be supported with the results of their audit, the external auditor will issue an unqualified or “clean” opinion. The financial statements, for Fiscal Year End June 30,2022, contain an unqualified opinion. In addition to the financial statements, the Auditors also issue a report on internal controls over financial reporting and on compliance and other matters based on an audit of the financial statements performed in accordance with the Government Auditing Standards.

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

Agenda Report - Page 2

This report details specifics about items of significant concern to the financial well being of the City. The Report of Internal Control identifies deficiencies in the City’s system of internal control and identifies the weakness as either a “Material Weakness” or “Significant Deficiency”. A Material Weakness is a deficiency that creates a reasonable possibility that a material misstatement will occur in the financial statements and a Significant Deficiency is a deficiency that is less severe than a Material Weakness.

The City’s report for June 30, 2022 identified no deficiencies or findings. The prior year Significant Deficiency in internal control pertaining to accounts payable function that occurred in fiscal year 2020-2021 has been permanently addressed this fiscal year, 2022-23.

Since Fiscal Year end June 30, 2019, the City's General Fund has maintained a positive Fund Balance. The Fund Balance has continued to increase year over year. The City Council took several positive steps prior to Fiscal Year 2019/2020 to resolve the negative Fund Balance in the General Fund. Resolution No. 3068-19 was adopted by City Council on March 25, 2019, establishing a General Fund reserve policy and interfund advance and loan policy. The Resolution set the minimum target level for the General Fund reserve at ten (10) percent of annual operating costs. The goal was to build-up to ten (10) percent in an orderly manner, over time. The policy of a ten (10) percent General Fund reserve was achieved by City Council within three fiscal year cycles. The Adopted Fiscal Year 2022/2023 Budget, included a General Fund Reserve Goal of 25 (twenty-five) percent.

The Management Discussion and Analysis (MD&A), starting on page 5 of the Annual Financial Report, provides the reader with an overview of the report and financial highlights included in the Annual Financial Report, along with an analysis of the City’s Basic Financial Statements. The MD&A tells the “number(s) story” in words and helps to explain the significance of the numbers in the financial statements which follow.

Governmental financial statements provide the reader with statements from two different viewpoints. The distinction is important for the reader to understand. The Basic Financial Statements are divided into two main sections; the Government-Wide Financial Statements and the Fund Financial Statements.

The Government-Wide Financial Statements combine all the resources, liabilities, and activities into one statement providing for a broader view of the City as a whole. These statements only distinguish between Governmental and Business Type activities.

The Fund Financial Statements on the other hand, provide detailed Fund level statements that focus primarily on the short-term activities of the City and correspond closely to the manner in which the Funds are reported for budget purposes.

The Notes to the Basic Financial Statements provide valuable insight into the financial organization of the City and provide supporting information for the significant categories

Agenda Report - Page 3

of accounts that appear throughout the Financial Statements.

II. FISCAL IMPACTS:

The fees for the independent audit services were approved by the City Council, in association with the Professional Services Agreement between the City and Badawi & Associates, Certified Public Accountants, in the amount of $36,820 for Fiscal Year End 2022. Sufficient appropriation is budgeted in the General Fund, Finance, Professional Service account number 0001-1015-3030.

This has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon acceptance, the City Clerk’s department will publish the City of Atwater's audited Financial Statements for Fiscal Year ended June 30, 2022 and related reports on the City’s website.

Submitted by:

Delilah Youmara, Finance Director

Agenda Report - Page 4

Submitted & Approved by:

Lori Waterman, City Manager
Attachments:

1. Atwater single audit FY22 final 3-31-2023

2. City of Atwater ACFR 2022 - FINAL

City of
Atwater
Atwater, California
Single Audit Reports
For the year ended June 30, 2022

City of Atwater
Single Audit Reports
For the year ended June 30, 2022
Table of Contents
Page
Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ........................................................... 1 Independent Auditor’s Report on Compliance for Each Major Program and on Internal Control over Compliance Required by the Uniform Guidance .............................................. 3 Schedule of Expenditures of Federal Awards ..................................................................................................... 6 Notes to the Schedule of Expenditures of Federal Awards ............................................................................... 7 Schedule of Findings and Questioned Costs ....................................................................................................... 8

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE

AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED

IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable Mayor and Members of the City Council
of the City of Atwater
Atwater, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Atwater, California (City), as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements and have issued our report thereon dated March 31, 2023.

Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

To the Honorable Mayor and Members of the City Council
of the City of Atwater
Atwater, California

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Badawi & Associates, CPAs
Berkeley, California
March 31, 2023