Atwater City Council
April 24, 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 24, 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 Labor Negotiators - Government Code Section 54957.6, Agency Negotiators: City Manager Waterman, Interim Human Resources Director Sousa, Bargaining Units: Atwater Police Officers Association CALL TO ORDER: 6:00 PM

City Council Agenda for Meeting of April 24, 2023 Page 2 REGULAR SESSION: (Council Chambers)

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.

CEREMONIAL MATTERS:
• Certificate of Recognition - Atwater High School CCC Student Athletes Staff's Recommendation: That City Council Member Cale present certificates of recognition to the Atwater High School CCC Student Athletes and Athletic Director for their achievements.

Proclamations
• National Crime Victims' Rights Week, April 23-29, 2023 Staff's Recommendation: That Mayor Nelson present the proclamation on behalf of the City Council to District Attorney Silveira, recognizing the Week of April 23 - 29, as Crime Victims’ Rights Week.
• National Public Safety Telecommunicators Week, April 9-15, 2023 Staff's Recommendation: That Mayor Nelson present the proclamation to Police Chief Salvador, on behalf of the Atwater Police Department, recognizing the Week of April 9 - 15, as National Public Safety Telecommunicators Week.

City Council Agenda for Meeting of April 24, 2023 Page 3 • Professional Municipal Clerks Week, April 30 - May 6, 2023 Staff's Recommendation: That Mayor Nelson present the proclamation to City Clerk Billings, on behalf of the City Clerk's Office, recognizing the Week of April 30-May 6, as Professional Municipal Clerks Week.

PRESENTATIONS
• Monthly report by Merced County District 3 Supervisor McDaniel, County Executive Officer Mendez and Assistant County Executive Officer Hendrickson

CONSENT CALENDAR

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

TREASURER’S REPORT

1. March 31, 2023
Staff's Recommendation: Approval of report as listed.

WARRANTS

2. April 24, 2023
Staff's Recommendation: Approval of warrants as listed.

MINUTES: (City Council)

3. a) April 7, 2023 - Special meeting
b) April 10, 2023 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

MINUTES: (Planning Commission)

4. a) October 19, 2022 – Regular meeting
b) January 18, 2023 – Regular meeting
c) February 15, 2023 – Regular meeting
d) March 15, 2023 – Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.

RESOLUTIONS

5. Authorizing the City Manager to make specified modifications for time extensions and/or tax rates for existing Cannabis businesses during their transition to the Cannabis Regulatory Program under Chapter 5.70 (Community Development Director Thompson)

City Council Agenda for Meeting of April 24, 2023 Page 4 Staff's Recommendation: Adoption of Resolution No. 3389-23 authorizing the City Manager to make specified modifications for time extension and/or tax rates for existing Cannabis businesses during their transition to the Cannabis regulatory program under Chapter

5.70. 6. Approving Budget Amendment No. 18 regarding American Rescue Plan Act Fund for the Police Department Remodel/Rehab Project (Public Works Director Vinson and Police Chief Salvador)
Staff's Recommendation: Adoption of Resolution No. 3390-23 approving Budget Amendment No. 18 amending the Fiscal Year 2022-23 Budget to allocate funding from Capital Project Fund in the amount of $220,000 to the Police Department Remodel/
Rehabilitation.

AGREEMENTS:

7. Awarding a Purchase to Aqua Metric for Water Meters and Transmitters (Public Works Director Vinson)
Staff's Recommendation: Waives the Formal Procurement Process and awards a sole source purchase to Aqua Metric of Sacramento, California for water meters and transmitters, in an amount not to exceed $274,158.75; and authorizes and directs the City Manager, or her designee, to execute the Purchase Order on behalf of the City.

8. Approving Second Amendment to Professional Services Agreement with RSG, Inc. for the preparation of Development Impact Fee Reporting requirements in relation to AB 1600 and the Mitigation Fee Act (Community Development Director Thompson)
Staff's Recommendation: Approves the Second Amendment to the Professional Services Agreement in a form approved by the City Attorney, with RSG, Inc for the preparation of Development Impact Fee Reporting requirements in relation to AB 1600 and the Mitigation Fee Act in a new amount not to exceed $37,210.00; and authorizes and directs the City Manager to sign all documents on behalf of the City.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

9. Adoption of 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: Adoption of 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.
***END OF CONSENT CALENDAR***

City Council Agenda for Meeting of April 24, 2023 Page 5

PUBLIC HEARINGS

10. Waive the first reading, by title only and introducing an ordinance amending Section 3.45.140 of the Atwater Municipal Code related to the Citizens' Oversight Committee (City Manager Waterman)
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 1061 amending Section 3.45.140 of the Atwater Municipal Code related to the Citizens' Oversight Committee; or Motion to approve staff's recommendation as presented.

REPORTS AND PRESENTATIONS FROM STAFF:

11. Awarding a General Construction Contract for the Palm Avenue Improvements Project (Community Development Director Thompson and Public Works Director Vinson)
Staff's Recommendation: Motion to award a General Construction Agreement, in a form approved by the City Attorney, to Redstone Construction Inc. of Atwater, California, for the Palm Avenue Improvements Project, City Project 22-06, in an amount not to exceed $111,600.00 and authorize construction contract change orders up to an aggregate amount of $11,160.00 (10%); and authorizes and directs the City Manager or her designee to execute all contract documents on behalf of the City; or
Motion to approve staff recommendations as presented.

12. Approving an Amended and Restated Agreement with Veolia Water West Operating Service, Inc. for the Operations and Maintenance Program for the Regional Wastewater Treatment Plant (Public Works Director Vinson)
Staff's Recommendation: Motion to approve an Amended and Restated Agreement, in a form approved by the City Attorney, with Veolia Water West Operating Service, Inc. for the Operations and Maintenance Program for the Regional Wastewater Treatment Plant in the amount of $2,031,519; and authorizes and directs the City Manager, or her designee, to execute the contract on behalf of the city; or
Motion to approve staff's recommendation as presented.

13. Approving specifications and authorizing advertising of a Request for Proposal for the acquisition of a Public Safety Radio Communications System for the Police Department (Police Chief Salvador) Staff's Recommendation: Motion to approve specifications and

City Council Agenda for Meeting of April 24, 2023 Page 6 authorize the advertisement of a Request for Proposal for the acquisition of a dedicated Public Safety Radio Communications System for the Police Department; or
Motion to approve staff's recommendation as presented.

14. Human Resources Director Employment Agreement (City Manager Waterman)
Staff's Recommendation: Motion to approve Human Resources Director Employment Agreement in the annual amount of
$136,731.84 plus benefits with Jana R. Sousa; and to authorize and direct the City Manager to execute the Agreement on behalf of the City; 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

CLOSED SESSION
Continuation of Closed Session if necessary

ADJOURNMENT

City Council Agenda for Meeting of April 24, 2023 Page 7 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 Town Hall 4:00 PM
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 Atwater Comm Center

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 03/31/2023
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 15,026,533.69 1,972,355.74 1,531,932.62 15,466,956.81 0003 General Fund Capital (368,339.96) 29,905.37 42,986.33 (381,420.92) 0004 Public Safety Trans & Use Tax 624,528.02 219,105.28 123,394.36 720,238.94 0005 Ferrari Ranch Project Fund 2,290.81 6.73 0.00 2,297.54 0007 Measure V Fund 3,821,655.04 107,223.67 0.00 3,928,878.71 0008 Measure V 20% Alternative Modes 646,331.68 25,890.92 2,149.09 670,073.51 0009 Abandoned Veh Abatement Fund (4,399.33) 7,942.75 2,268.14 1,275.28 0010 Measure V Regional Fund (19,497.16) 0.00 41,340.86 (60,838.02) 1005 Police Grants Fund 70,274.01 20,265.39 0.00 90,539.40 1010 ARPA-American Rescue Plan Act 5,068,717.44 14,796.83 35,656.95 5,047,857.32 1011 Gas Tax/Street Improvement (30,181.27) 73,246.90 97,957.47 (54,891.84) 1013 Local Transportation Fund 600,032.10 1,764.05 0.00 601,796.15 1015 Traffic Circulation Fund 1,483,471.83 4,361.29 0.00 1,487,833.12 1016 Applegate Interchange 773,065.96 2,272.75 0.00 775,338.71 1017 RSTP-Regional Surface Transp Prag 2,592,174.34 7,599.61 7,207.63 2,592,566.32 1018 SB1-Road Maint & Rehab RMRA 1,992,138.21 62,221.40 53,881.03 2,000,478.58 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 2,330,849.77 56,221.24 0.00 2,387,071.01 1040 General Plan Update-Housing Element (50,000.00) 0.00 0.00 (50,000.00) 1041· General Plan Update Fund 2,140,085.25 6,291.69 0.00 2,146,376.94 1055 Neighborhood Stabilization 221,389.38 650.86 0.00 222,040.24 1059-80 Housing Grant Funds 771,336.83 2,869.42 0.00 774,206.25 1091 Police Facility Impact Fee 261,970.19 770.17 0.00 262,740.36 1093 Fire Facility Impact Fee 254,401.41 747.92 0.00 255,149.33 1095 Government Building Facility 273,805.36 804.96 0.00 274,610.32 3064-67 Redevelopment/Successor Agency Funds 2,643,145.27 8,152.13 8,129.25 2,643,168.15 4020 Performance Bond Trust 220,086.82 647.03 0.00 220,733.85 4030 Narcotics Program Trust 2,078.68 6.11 0.00 2,084.79 4060 Section 125 Medical 1,302.50 210.00 0.00 1,512.50
4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
AS OF 03/31/2023
FUND
4080 Pension Rate Stblztn 115 Trust
4090 CFO No. 1 Trust
5001-55 All Maintenance Districts
5050 CFO Districts
6000 Water Enterprise Fund
6001 Water Fund Capital Replacement
6002 DBCP Settlement
6004 Water Well- Buhach Colony
6005 Water Capital Impact Fees
6006 Water Operating Reserve Fund
6007 1,2,3-TCP Fund
6010 Sewer Enterprise Fund
6011 Sewer Fund Capital Replacement
6020 Sanitation Enterprise
7000 Internal Service Fund
7001 ISF Equipment/Bldg Replacement
7010 Employee Benefits Fund
7020 Risk Management
7030 Information Technology
9090 Accrued Interest Fund
TOTAL
BEG.BALANCE
254,073.38
131,271.37
1,364,017.85
(47,809.30)
9,918,295.34
2,200,954.56
20,616.52
184,249.77
2,606,336.13
180,663.95
15,966,131.08
15,714,373.29
3,684,646.10
2,970,004.29
275,471.40
100,368.95
721,955.70
490,981.99
398,937.33
292,283.58
98,777,070.15
Prepared by:

Patty T
P.
ejeda,
~
Finance Operations Manager
CASH DEBITS CASH CREDITS ENDING BAL.
3,942.50 0.00 258,015.88
385.92 0.00 131,657.29
4,129.43 41,777.86 1,326,369.42

0.00 34,893.97 (82,703.27)
854,702.36 680,430.11 10,092,567.59
11,882.34 269,474.95 1,943,361.95

60.61 0.00 20,677.13
541.68 0.00 184,791.45
7,844.47 0.00 2,614,180.60
531.13 0.00 181,195.08
386,998.17 98,967.70 16,254,161.55
1,389,159.35 1,466,714.38 15,636,818.26
10,832.59 0.00 3,695,478.69
444,123.60 506,337.72 2,907,790.17
374,669.24 130,818.19 519,322.45
295.07 0.00 100,664.02
195,664.31 66,149.53 851,470.48
363,254.51 215,010.50 639,226.00
122,185.01 39,934.09 481,188.25
1,516.00 293,799.58 0.00
6,799,048.50 5,791,212.31 99,784,906.34
Approved~:::::,
Mark Borba, City Treasurer

Statement of Changes in Cash Balan~e
by Bank
As of 03/31/2023
Beg. Period
Balance
Cash
Debits
Cash
Credits
End Period
Balance
City - LAIF
City - RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
Totals
55,688,028.56
1,161,501.00
14,214,913.53
4,731,314.24
980,941.46
21,746,297.98
254,073.38
98,777,070.15
1,516.00
6,454,229.59 5,419,840.95
371,371.36

8.21 339,352.20
3,942.50
55,688,028.56
1,163,017.00
15,249,302.17
4,359,942.88
980,949.67
22,085,650.18
258,015.88
6,799,048.50 5,791,212.31 99,784,906.34
Approvedb~
Mark Borba, City Treasurer
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.

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

Bank Account Detail
City LAIF
Chandler Asset Mgt.

US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
55,688,028.56
1,163,017.00
22,085,650.18
258,015.88
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
Chase Savings Account
15,580,191.24
4,359,942.88
980,949.67

0.00

WARRANTS SUMMARY FOR APRIL 24 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
4/6/2023 PNC Bank
4/6/2023 APOA Union Dues
4/6/2023 AFSCME District Council 57
4/6/2023 State Disbursement - Child Support
4/6/2023 PERS Retirement EFT 3/16/23 - 3/29/23
4/12/2023 State of California, Condemnation Deposits Fund

TOTAL ADDITIONAL WARRANTS

GRAND TOTAL OF WARRANTS PAID
AMOUNT
$ 4,033.00
$ 2,342.60
$ 952.98
$ 473.98
$ 51,378.52
$ 415,000.00
$ 474,181.08

INFORMATIONAL ONLY (INCLUDED IN THE TOTAL WARRANTS TOTAL)

DATE DESCRIPTION AMOUNT
4/6/2023 Net Payroll 173,912.68 $ 239,040.57
4/6/2023 Federal Taxes 58,469.94
4/6/2023 State Taxes 6,657.95
4/6/2023 Payroll Deductions 210.00
TOTAL INFORMATIONAL WARRANTS $ 239,250.57

CITY TREASURER
$ 1,140,905.74
$ 210.00
$ 474,181.08
$ 1,615,296.82

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
4/20/2023 - 8:45 AM
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twater
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1 j1 l. L= 11 1
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 04/24/2023 General Fund Recreation Donations CHASE 15.00 0 04/24/2023 General Fund Recreation Donations CHASE 5.41 0 04/24/2023 General Fund Recreation Donations CHASE 15.00 0 04/24/2023 General Fund Recreation Donations CHASE 9.07 0 04/24/2023 General Fund Special Departmental Expense CHASE 19.42 0 04/24/2023 General Fund Travel/Conferences/Meetings CHASE -290.00 0 04/24/2023 General Fund Travel/Conferences/Meetings CHASE 290.00 0 04/24/2023 General Fund Special Departmental Expense CHASE 14.92 0 04/24/2023 General Fund Travel/Conferences/Meetings CHASE 1,139.91 0 04/24/2023 General Fund Travel/Conferences/Meetings CHASE 724.45 0 04/24/2023 General Fund Miscellaneous CHASE 4.80
0 04/24/2023 General Fund Miscellaneous CHASE 12.98
0 04/24/2023 General Fund Miscellaneous CHASE 14.01
0 04/24/2023 General Fund Miscellaneous CHASE 6.39
0 04/24/2023 General Fund Travel/Conferences/Meetings CHASE 38.56 0 04/24/2023 General Fund Office Supplies CHASE 81.75
0 04/24/2023 General Fund Special Departmental Expense CHASE 12.00 0 04/24/2023 General Fund Special Departmental Expense CHASE 12.00 0 04/24/2023 General Fund Printing & Advertising CHASE 504.00 0 04/24/2023 General Fund Uniform & Clothing Expense CHASE 78.98 0 04/24/2023 General Fund Uniform & Clothing Expense CHASE 216.50 0 04/24/2023 General Fund Professional Services CHASE 12.47 0 04/24/2023 General Fund Professional Services CHASE 80.99 0 04/24/2023 General Fund Professional Services CHASE 19,99 0 04/24/2023 General Fund Communications CHASE 910.00
0 04/24/2023 General Fund Communications CHASE 518.02
0 04/24/2023 General Fund Travel/Conferences/Meetings CHASE 93.00 0 04/24/2023 General Fund Training CHASE 88.56
0 04/24/2023 General Fund Training CHASE 16.10
0 04/24/2023 General Fund Training CHASE 40.02
0 04/24/2023 General Fund Training CHASE 153.66
0 04/24/2023 General Fund Training CHASE 162.40
0 04/24/2023 General Fund Training CHASE 426.36
0 04/24/2023 General Fund Training CHASE 62.12
AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 1

('heck Numher Check Date Fund Name Account Name Vendor Name Void Amount 0 04/24/2023 General Fund Training CHASE 76.00
0 04/24/2023 General Fund Training CHASE 47.00
0 04/24/2023 General Fund Training CHASE 15.38
0 04/24/2023 General Fund Training CHASE 29.78
0 04/24/2023 General Fund Training CHASE 38.05
0 04/24/2023 General Fund Training CHASE 9.13
0 04/24/2023 General Fund Training CHASE 12.85
0 04/24/2023 General Fund Training CHASE 11.31
0 04/24/2023 General Fund Training CHASE 13.75
0 04/24/2023 General Fund Training CHASE 1,558.98
0 04/24/2023 General Fund Training CHASE 1,154.18
0 04/24/2023 General Fund Training CHASE 52.00
0 04/24/2023 General Fund Training CIIASE 10.20
0 04/24/2023 General Fund Training CHASE 12.98
0 04/24/2023 General Fund Training CHASE 11.31
0 04/24/2023 General Fund Training CHASE 322.62
0 04/24/2023 General Fund Fire Marshal Supplies CHASE 163.50 0 04/24/2023 General Fund Memberships & Subscriptions CIIASE 3,025.00 0 04/24/2023 General Fund Travel/Conferences/Meetings CHASE 685.62 0 04/24/2023 Gas Tax/Street Improvement Training CHASE 743.76 0 04/24/2023 Water Enterprise Fund Special Departmental Expense CHASE 45.64 0 04/24/2023 Internal Service Fund Special Departmental Expense CHASE 14.00 0 04/24/2023 Internal Service Fund Special Departmental Expense CHASE 32.45 0 04/24/2023 Internal Service Fund Special Departmental Expense CI-IASE 63.82 0 04/24/2023 Internal Service Fund Special Departmental Expense CHASE 64.94 0 04/24/2023 Internal Service Fund Uniform & Clothing Expense CHASE 200.00 0 04/24/2023 Information Technology Fund Special Departmental Expense CHASE 324.87 0 04/24/2023 Information Technology Fund Special Departmental Expense CHASE 160.00 0 04/24/2023 Information Technology Fund Special Departmental Expense CHASE 21.17 0 04/24/2023 General Fund Rents & Leases U.S. BANK EQUIPMENT FINANCE 156.94 0 04/24/2023 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 271.05 Check Total: 14,857.12
22226 04/24/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 170.01 22226 04/24/2023 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 56.67 Check Total: 226.68
22227 04/24/2023 Water Enterprise Fund Accounts Payable JENNIFER ACE VEDO 45.44 Check Total: 45.44
22228 04/24/2023 Information Technology Fund Special Departmental Expense AIRESPRING 2,883.40 Check Total: 2,883.40
AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22229 04/24/2023 General Fund Special Departmental Expense AIRGAS USA, LLC 107.36 Check Total: 107.36
22230 04/24/2023 Sanitation Enterprise Fund Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 263,473.07 Check Total: 263,473.07
22231 04/24/2023 Public Safety Trans & Use Tax Special Departmental Expense ALLSTAR FIRE EQUIPMENT, INC. 1,034.25 Check Total: 1,034.25
22232 04/24/2023 Internal Service Fund Utilities AMERIGAS - MODESTO 110.95 Check Total: 110.95
22233 04/24/2023 ARPA-American Rescue Plan Act Project Retention ANV CONTRACTORS, INC. 12,393.25 Check Total: 12,393.25
22234 04/24/2023 General Fund Community Center Deposits JORGE ARMENTA 210.00 22234 04/24/2023 General Fund Community Center Deposits JORGE ARMENTA 350.00 22234 04/24/2023 General Fund Community Center Rental JORGE ARMENTA 105.00 Check Total: 665.00
22235 04/24/2023 SB 1 -Road Maint & Rehab RMRA Fruitland Ave Rd Improvements ASSOCIATED RIGHT OF WAY SERVICES, INC. 1,390.00 Check Total: 1,390.00
22236 04/24/2023 General Fund Communications AT & T MOBILITY 252.12 22236 04/24/2023 General Fund Communications AT & T MOBILITY 40.24 22236 04/24/2023 General Fund Communications AT & T MOBILITY 643.84 22236 04/24/2023 General Fund Communications AT & T MOBILITY 89.90 22236 04/24/2023 General Fund Communications AT & T MOBILITY 89.90 22236 04/24/2023 General Fund Communications AT & T MOBILITY 44.95 22236 04/24/2023 General Fund Communications AT & T MOBILITY 89.90 22236 04/24/2023 General Fund Communications AT & T MOBILITY 84.52 22236 04/24/2023 General Fund Communications AT & T MOBILITY 130.14 22236 04/24/2023 Gas Tax/Street Improvement Communications AT & T MOBILITY 44.95 22236 04/24/2023 Water Enterprise Fund Communications AT & T MOBILITY 130.14 22236 04/24/2023 Internal Service Fund Communications AT & T MOBILITY 44.95 22236 04/24/2023 Information Technology Fund Communications AT & T MOBILITY 39.57 22236 04/24/2023 Information Technology Fund Communications AT & T MOBILITY 137.88 Check Total: 1,863.00
22237 04/24/2023 General Fund Communications AT and T - CALNET3 308.03 AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 3
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Check Number Cheek Date hund Name ; CCOUut Name vendor Name Void Amount Check Total: 308.03
22238 04/24/2023 General Fund Communications AT&T 219.35 Check Total: 219.35
22239 04/24/2023 Water Enterprise Fund Professional Services ATWATER CHIROPRACTIC, INC. 305.00 22239 04/24/2023 Sewer Enterprise Fund Professional Services ATWATER CHIROPRACTIC, INC. 65.00 22239 04/24/2023 Internal Service Fund Professional Services ATWATER CHIROPRACTIC, INC. 130.00 -. Check Total: 500.00
22240 04/24/2023 General Fund Professional Services BADAWI & ASSOCIATES 20,759.25 Check Total: 20,759.25
22241 04/24/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,236.42 22241 04/24/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,903.57 Check Total: 6,139.99
22242 04/24/2023 General Fund Professional Services BEST BEST & KRIEGER 24,401.96 22242 04/24/2023 General Fund Professional Services BEST BEST & KRIEGER 3,204.00 22242 04/24/2023 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 127.67 22242 04/24/2023 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 127.66 22242 04/24/2023 Sanitation Enterprise Fund Professional Services BEST BEST & KRIEGER 127.67 22242 04/24/2023 Risk Management Fund Professional Services BEST BEST & KRIEGER 8,599.50 Check Total: 36,588.46
22243 04/24/2023 Water Enterprise Fund Professional Services BEST ELECTRIC 780.00 Check Total: 780.00
22244 04/24/2023 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 19.37 22244 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 8.56 22244 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 44.01 22244 04/24/2023 Sewer Enterprise Fund Small Tools BIG CREEK LUMBER COMPANY 16.89 22244 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 29.08 22244 04/24/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 256.96 22244 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 19.47 22244 04/24/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 51.31 22244 04/24/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 51.31 22244 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 15.63 22244 04/24/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 200.41 22244 04/24/2023 Sewer Enterprise Fund Spccial Departmental Expense BIG CREEK LUMBER COMPANY 46.47 22244 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 146.70 22244 04/24/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 57.18 AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 4
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Check Numher ('heck Date Fund Name Account Name Vendor Name Void Amount 22244 04/24/2023 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 12.60 22244 04/24/2023 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 280.80 Check Total: 1,256.75
22245 04/24/2023 Risk Management Fund Professional Services RICIIARD BLAK, PIID 450.00 Check Total: 450.00
22246 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense BOOT BARN 200.00 22246 04/24/2023 Water Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 22246 04/24/2023 Water Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 600.00
22247 04/24/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 22247 04/24/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 2,476.50 22247 04/24/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 51.00 22247 04/24/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 22247 04/24/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 22247 04/24/2023 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 Check Total: 4,662.00
22248 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 94.79 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 112.04 22248 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 80.79 22248 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 122.82 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 287.81 22248 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 1 1.81 22248 04/24/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 80.00 22248 04/24/2023 Sewer Enterprise Fund Special Departmental Expense CAL FARM SERVICES 790.88 22248 04/24/2023 Sewer Enterprise Fund Professional Services CAL FARM SERVICES 450.00 22248 04/24/2023 General Fund Professional Services CAL FARM SERVICES 48.00 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 28.59 22248 04/24/2023 General Fund Professional Services CAL FARM SERVICES 50.00 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 117.69 22248 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 62.05 22248 04/24/2023 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 40.00 22248 04/24/2023 General Fund Professional Services CAL FARM SERVICES 24.00 22248 04/24/2023 General Fund Professional Services CAL FARM SERVICES 12.00 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 240.81 22248 04/24/2023 General Fund Professional Services CAL FARM SERVICES 60.00 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 9.26 22248 04/24/2023 General Fund Professional Services CAL FARM SERVICES 68.00 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 29.66 22248 04/24/2023 Sewer Enterprise Fund Special Departmental Expense CAL FARM SERVICES 57.71 AP-Chccks for Approval (4/20/2023 - 8:45 AM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22248 04/24/2023 Sewer Enterprise Fund Professional Services CAL FARM SERVICES 116.00 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 43.41 22248 04/24/2023 General Fund Professional Services CAL FARM SERVICES 120.00 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 259.62 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 130.35 22248 04/24/2023 Water Enterprise Fund Special Departmental Expense CAL FARM SERVICES 77.26 22248 04/24/2023 General Fund Special Departmental Expense CAL FARM SERVICES 150.02 22248 04/24/2023 General Fund Professional Services CAL FARM SERVICES 80.00 Check Total: 3,855.37
22249 04/24/2023 General Fund Memberships & Subscriptions CALBO 215.00 Check Total: 215.00
22250 04/24/2023 General Fund SB 1473 CALIFORNIA BUILDING STANDARDS COMMI 217.00 22250 04/24/2023 General Fund SB 1473 CALIFORNIA BUILDING STANDARDS COMMI 292.00 22250 04/24/2023 General Fund SB 1473 CALIFORNIA BUILDING STANDARDS COMMI 407.00 22250 04/24/2023 General Fund Building Permits CALIFORNIA BUILDING STANDARDS COMMI -29.20 22250 04/24/2023 General Fund Building Permits CALIFORNIA BUILDING STANDARDS COMMI -40.70 22250 04/24/2023 General Fund Building Permits CALIFORNIA BUILDING STANDARDS COMMI -21.70 Check Total: 824.40
22251 04/24/2023 Internal Service Fund Professional Services CAR WASII PARTNERS, INC. 288.00 Check Total: 288.00
22252 04/24/2023 Water Enterprise Fund Accounts Payable CARTER PROPERTIES 166.23 Check Total: 166.23
22253 04/24/2023 General Fund Professional Services CDCE, INC. 3,540.00 Check Total: 3,540.00
22254 04/24/2023 Water Enterprise Fund Accounts Payable AMY CEDERQUIST 116.89 Check Total: 116.89
22255 04/24/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 42.30 22255 04/24/2023 General Fund Uniform & Clothing Expense CINTAS 21.34 22255 04/24/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 22255 04/24/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 22255 04/24/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 22255 04/24/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 22255 04/24/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 22255 04/24/2023 Internal Service Fund Special Departmental Expense CINTAS 26.41 22255 04/24/2023 General Fund Uniform & Clothing Expense CINTAS 6.47 AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 6
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('heck Numher Check Date Fund Name Account Name Vendor Name Void Amount 22255 04/24/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 12.65 22255 04/24/2023 Internal Service Fund Uniform & Clothing Expense CINTAS 15.02 22255 04/24/2023 General Fund Uniform & Clothing Expense CINTAS 21.34 22255 04/24/2023 Water Enterprise Fund Uniform & Clothing Expense CINTAS 57.32 22255 04/24/2023 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS 42.30 22255 04/24/2023 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS 70.58 Check Total: 497.71
22256 04/24/2023 General Fund Travel/Conferences/Meetings CITY OF MERCED 40.00 22256 04/24/2023 General Fund Travel/Conferences/Meetings CITY OF MERCED 40.00 22256 04/24/2023 General Fund Travel/Conferences/Meetings CITY OF MERCED 40.00 22256 04/24/2023 General Fund Travel/Conferences/Meetings CITY OF MERCED 40.00 Check Total: 160.00
22257 04/24/2023 Internal Service Fund Utilities COMCAST CABLE 21.70 22257 04/24/2023 Internal Service Fund Communications COMCAST CABLE 162.37 22257 04/24/2023 Internal Service Fund Communications COMCAST CABLE 425.01 Check Total: 609.08
22258 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR f 121.11 Check Total: 121.11
22259 04/24/2023 Public Safety Trans & Use Tax Special Departmental Expense COOK'S COMMUNICATIONS 1,307.42 22259 04/24/2023 Public Safety Trans & Use Tax Special Departmental Expense COOK'S COMMUNICATIONS 3,164.05 Check Total: 4,471.47
22260 04/24/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 22260 04/24/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 22260 04/24/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 22260 04/24/2023 Internal Service Fund Professional Services D & D PEST CONTROL. 34.00 22260 04/24/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 22260 04/24/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 22260 04/24/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 22260 04/24/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 Check Total: 320.00
22261 04/24/2023 General Fund Accounts Payable DANE PROPERTY MANAGEMENT 2.00 22261 04/24/2023 Water Enterprise Fund Accounts Payable DANE PROPERTY MANAGEMENT 25.90 22261 04/24/2023 Sewer Enterprise Fund Accounts Payable DANE PROPERTY MANAGEMENT 109.68 22261 04/24/2023 Sanitation Enterprise Fund Accounts Payable DANE PROPERTY MANAGEMENT 22.50 Check Total: 160.08
AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 7
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Check Number Check Date Fund Name :~CeUUnt Name `e'ndol Name 'oicl r~l1)Onnt 22262 04/24/2023 Water Enterprise Fund Accounts Payable STACEY DE LA CRUZ 11.58 22262 04/24/2023 Sewer Enterprise Fund Accounts Payable STACEY DE LA CRUZ 13.74 22262 04/24/2023 Sanitation Enterprise Fund Accounts Payable STACEY DE LA CRUZ 1.53 22262 04/24/2023 Sanitation Enterprise Fund Accounts Payable STACEY DE LA CRUZ 4.90 Check Total: 31.75
22263 04/24/2023 General Fund Communications DELTA WIRELESS & NETWORK SOLUTIONS 1,490.00 Check Total: 1,490.00
22264 04/24/2023 General Fund SMI Tax DEPT. OF CONSERVATION 791.39 22264 04/24/2023 General Fund SMI Tax DEPT. OF CONSERVATION 932.56 22264 04/24/2023 General Fund SMI Tax DEPT. OF CONSERVATION 298.37 22264 04/24/2023 General Fund Building Permits DEPT. OF CONSERVATION -46.63 22264 04/24/2023 General Fund Building Permits DEPT. OF CONSERVATION -39.57 22264 04/24/2023 General Fund Building Permits DEPT. OF CONSERVATION -14.92 Check Total: 1,921.20
22265 04/24/2023 General Fund Professional Services DEPT. OF JUSTICE 343.00 22265 04/24/2023 General Fund Professional Services DEPT. OF JUSTICE 98.00 Check Total: 441.00
22266 04/24/2023 Internal Service Fund Special Departmental Expense ELITE IRON FENCING 480.00 Check Total: 480.00
22267 04/24/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 151.54 22267 04/24/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 177.50 22267 04/24/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 346.31 Check Total: 675.35
22268 04/24/2023 Internal Service Fund Operations & Maintenance ENOVEN INDUSTRIES LLC 63.99 Check Total: 63.99
22269 04/24/2023 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 7,241.44 Check Total: 7,241.44
22270 04/24/2023 General Fund Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE' 3,762.50 22270 04/24/2023 Northwood Village LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 53.75 22270 04/24/2023 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 215.00 22270 04/24/2023 Sandlewood Square LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 107.50 22270 04/24/2023 Cottage Gardens ST & LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 53.75 22270 04/24/2023 Cottage Gardens ST & LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 107.50 22270 04/24/2023 Bell Crossing LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 107.50 AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 8
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22270 04/24/2023 Atwater South LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCES 53.75 22270 04/24/2023 Meadow View LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE', 53.75 Check Total: 4,515.00
22271 04/24/2023 ARPA-American Rescue Plan Act Osborn Park Renovation EXELOO CORPORATION 44,069.00 22271 04/24/2023 Parks and Recreation Fund Osborn Park Renovation EXELOO CORPORATION 89,143.45 Check Total: 133,212.45
22272 04/24/2023 Water Enterprise Fund Accounts Payable ARTIIRO FARIAS 71 .72 Check Total: 71.72
22273 04/24/2023 General Fund Office Supplies FEDERAL EXPRESS 43.28 22273 04/24/2023 General Fund Office Supplies FEDERAL EXPRESS 43.54 Check Total: 86.82
22274 04/24/2023 Internal Service Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 128.82 22274 04/24/2023 Water Enterprise Fund Special Departmental Expense FERGUSON ENTERPRISES INC. #690 2,168.41 Check Total: 2,297.23
22275 04/24/2023 Employee Benefits Fund Professional Services FOSTER & FOSTER, INC. 3,478.00 Check Total: 3,478.00
22276 04/24/2023 Sewer Enterprise Fund Professional Services FOSTER'S PUMPS, INC. 21,035.30 Check Total: 21,035.30
22277 04/24/2023 Sewer Enterprise Fund Special Departmental Expense GARTON TRACTOR INC 547.73 Check Total: 547.73
22278 04/24/2023 Sewer Enterprise Fund Professional Services GHD 6,487.66 Check Total: 6,487.66
22279 04/24/2023 General Fund Small Tools GRAINGER, INC. 942.78 22279 04/24/2023 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 338.74 Check Total: 1,281.52
22280 04/24/2023 Water Enterprise Fund Accounts Payable DARLENE HANSEN 205.72 22280 04/24/2023 Sewer Enterprise Fund Accounts Payable DARLENE HANSEN 244.25 22280 04/24/2023 Sanitation Enterprise Fund Accounts Payable DARLENE HANSEN 101.75 22280 04/24/2023 Sanitation Enterprise Fund Accounts Payable DARLENE HANSEN 54.24 Check Total: 605.96
AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 9

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22281 04/24/2023 Public Safety Trans & Use Tax Special Departmental Expense HENRY SCHEIN, INC. 445.56 22281 04/24/2023 Public Safety Trans & Use Tax Special Departmental Expense HENRY SCHEIN, INC. 686.88 Check Total: 1,132.44
22282 04/24/2023 Water Enterprise Fund Accounts Payable JOSE I-IERNANDEZ 145.39 Check Total: 145.39
22283 04/24/2023 Water Enterprise Fund Special Departmental Expense HORIZON 738.15 22283 04/24/2023 General Fund Special Departmental Expense HORIZON 175.54 22283 04/24/2023 General Fund Special Departmental Expense HORIZON 139.21 22283 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense HORIZON 83.35 Check Total: 1,136.25
22284 04/24/2023 Water Enterprise Fund Accounts Payable MATTHEW HOVERMAN 135.07 22284 04/24/2023 Sewer Enterprise Fund Accounts Payable MATTHEW HOVERMAN 2.29 22284 04/24/2023 Sanitation Enterprise Fund Accounts Payable MATTHEW HOVERMAN 0.25 22284 04/24/2023 Sanitation Enterprise Fund Accounts Payable MATTHEW HOVERMAN 0.82 Check Total: 138.43
22285 04/24/2023 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 1,200.00 22285 04/24/2023 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 600.00 Check Total: 1,800.00
22286 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 428.67 22286 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES, INC. 1,612.93 Check Total: 2,041.60
22287 04/24/2023 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 3,824.82 22287 04/24/2023 Local Transportation Fund Atw Blvd & First St Signal JLB TRAFFIC ENGINEERING, INC 812.19 22287 04/24/2023 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 2,700.05 22287 04/24/2023 Local Transportation Fund Atw Blvd & First St Signal JLB TRAFFIC ENGINEERING, INC 431.58 22287 04/24/2023 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 1,750.00 22287 04/24/2023 Measure V Regional Fund Bellevue Road Realignment JLB TRAFFIC ENGINEERING, INC 2,963.35 Check Total: 12,481.99
22288 04/24/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,302.08 22288 04/24/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 227.84 22288 04/24/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 342.42 22288 04/24/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,615.13 22288 04/24/2023 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 830.18 22288 04/24/2023 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 362.18 22288 04/24/2023 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 222.30 AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 10

('hrck \umhrr Check I)ate hand Name Account Name Vendor Name Void Amount 22288 04/24/2023 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 223.55 22288 04/24/2023 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 148.98 22288 04/24/2023 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 492.18 22288 04/24/2023 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 367.38 22288 04/24/2023 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 133.38 22288 04/24/2023 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 277.94 22288 04/24/2023 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 795.86 22288 04/24/2023 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 223.86 22288 04/24/2023 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,042.48 22288 04/24/2023 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 570.18 22288 04/24/2023 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 379.86 22288 04/24/2023 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 414.18 Check Total: 9,971.96
22289 04/24/2023 General Fund Special Departmental Expense KELLOGG'S SUPPLY 93.23 22289 04/24/2023 General Fund Special Departmental Expense KELLOGG'S SUPPLY 32.96 22289 04/24/2023 General Fund Uniform & Clothing Expense KELLOGG'S SUPPLY 299.83 22289 04/24/2023 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 56.25 Check Total: 482.27
22290 04/24/2023 RSTP-Regional Surf Transp Prog Ace Train Platform KRAZAN & ASSOCIATES, INC. 4,762.75 Check Total: 4,762.75
22291 04/24/2023 Water Enterprise Fund Accounts Payable JEDIDIAH KRUPPA 52.56 22291 04/24/2023 Sewer Enterprise Fund Accounts Payable JEDIDIAH KRUPPA 55.21 22291 04/24/2023 Sanitation Enterprise Fund Accounts Payable JEDIDIAH KRUPPA 6.03 22291 04/24/2023 Sanitation Enterprise Fund Accounts Payable JEDIDIAH KRUPPA 19.77 Check Total: 133.57
22292 04/24/2023 Water Enterprise Fund Accounts Payable NINOS LASHKARI 47.85 22292 04/24/2023 Sewer Enterprise Fund Accounts Payable NINOS LASHKARI 50.26 22292 04/24/2023 Sanitation Enterprise Fund Accounts Payable NINOS LASHKARI 5.60 22292 04/24/2023 Sanitation Enterprise Fund Accounts Payable NINOS LASHKARI 17.89 Check Total: 121.60
22293 04/24/2023 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 10.81 Check Total: 10.81
22294 04/24/2023 SB1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements JOSHUA LEPPER 100.00 Check Total: 100.00
22295 04/24/2023 General Fund Miscellaneous LOOMIS DEPT. 0757 -0.74 AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 11
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Check Numher Check Date Fund Name Account Name Vendor Name Void Amount 22295 04/24/2023 General Fund Miscellaneous LOOMIS DEPT. 0757 733.56 Check Total: 732.82
22296 04/24/2023 Water Enterprise Fund Accounts Payable DANIEL MACIEL 88.66 Check Total: 88.66
22297 04/24/2023 General Fund Youth Basketball MERCED AREA SPORTS OFFICIALS, INC 460.00 22297 04/24/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 150.00 Check Total: 610.00
22298 04/24/2023 General Plan Update Fund Professional Services MERCED COUNTY ASSOCIATION 59,685.00 Check Total: 59,685.00
22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 334.50 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 335.36 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 341.39 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 315.99 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 330.62 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 322.01 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 265.19 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 283.27 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 336.22 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 383.15 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 277.67 22299 04/24/2023 Sanitation Enterprise Fund Professional Services MERCED COUNTY REGIONAL (1004) 278.53 Check Total: 3,803.90
22300 04/24/2023 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 465.42 22300 04/24/2023 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 166.68 22300 04/24/2023 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 465.42 Check Total: 1,097.52
22301 04/24/2023 Public Safety Trans & Use Tax Reserve Fire Fighter Program MUNICIPAL EMERGENCY SERVICES, INC. 3,051.56 22301 04/24/2023 Public Safety Trans & Use Tax Reserve Fire Fighter Program MUNICIPAL EMERGENCY SERVICES, INC. 140.73 Check Total: 3,192.29
22302 04/24/2023 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIP. 72.96 22302 04/24/2023 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIP. 1,307.49 Check Total: 1,380.45
22303 04/24/2023 General Fund Professional Services MUNISERVICES LLC 754.68 --
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AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 12

Check \umher ('heck hate Fund Name Account Name Vendor Name Void Amount Check Total: 754.68
22304 04/24/2023 Information Technology Fund Special Departmental Expense NEW HORIZON COMMUNICATIONS CORP 15.57 Check Total: 15.57
22305 04/24/2023 General Fund Special Departmental Expense O'REILLY ALJTO PARTS 99.57 22305 04/24/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 9.78 22305 04/24/2023 Internal Service Fund Small Tools O'REILLY AUTO PARTS 16.30 22305 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 57.35 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 78.13 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 19.97 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 271.89 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 14.06 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 53.98 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -31.39 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 32.67 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 25.42 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -12.39 22305 04/24/2023 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 137.68 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 58.99 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 69.56 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 234.78 22305 04/24/2023 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 15.21 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 46.66 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 127.10 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 15.65 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 55.69 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 172.39 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 296.30 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 170.15 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 21.74 22305 04/24/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 19.55 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 7.60 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 4.88 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 68.58 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -22.00 22305 04/24/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 12.46 Check Total: 2,148.31
22306 04/24/2023 General Fund Accounts Payable EDWIN OSEGUERA 2.00 22306 04/24/2023 Water Enterprise Fund Accounts Payable EDWIN OSEGUERA 122.64 22306 04/24/2023 Sewer Enterprise Fund Accounts Payable EDWIN OSEGUERA 29.78 22306 04/24/2023 Sanitation Enterprise Fund Accounts Payable EDWIN OSEGUERA 3.31 AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 13

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22306 04/24/2023 Sanitation Enterprise Fund Accounts Payable EDWIN OSEGUERA 10.61 Check Total: 168.34
22307 04/24/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 5.72 22307 04/24/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 52,368.46 Check Total: 52,374.18
22308 04/24/2023 Water Enterprise Fund Accounts Payable PREMIER LENDING SERVICES INC. 61.05 22308 04/24/2023 Sewer Enterprise Fund Accounts Payable PREMIER 1.ENDING SERVICES INC. 64.13 22308 04/24/2023 Sanitation Enterprise Fund Accounts Payable PREMIER LENDING SERVICES INC. 7.14 22308 04/24/2023 Sanitation Enterprise Fund Accounts Payable PREMIER LENDING SERVICES INC. 22.83 Check Total: 155.15
22309 04/24/2023 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 159.13 Check Total: 159.13
22310 04/24/2023 Water Enterprise Fund Accounts Payable MARTIN PULIDO 185.85 22310 04/24/2023 Sewer Enterprise Fund Accounts Payable MARTIN PULIDO 20.62 22310 04/24/2023 Sanitation Enterprise Fund Accounts Payable MARTIN PULIDO 7.34 22310 04/24/2023 Sanitation Enterprise Fund Accounts Payable MARTIN PIJLIDO 2.29 Check Total: 216.10
22311 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 327.57 2231 1 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 25.38 22311 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 345.43 22311 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 34.07 2231 1 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 25.39 2231 1 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 31.98 22311 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 46.13 2231 1 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 523.10 2231 1 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 347.97 2231 1 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 27.55 2231 1 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 35.11 2231 1 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 174.61 22311 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 174.98 2231 1 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 394.27 22311 04/24/2023 General Fund Rents & Leases RAY MORGAN COMPANY 279.56 2231 1 04/24/2023 Water Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.67 22311 04/24/2023 Sewer Enterprise Fund Rents & Leases RAY MORGAN COMPANY 125.67 Check Total: 3,044.44
22312 04/24/2023 General Fund Special Departmental Expense RDR CUSTOM KYDEX, INC 4,988.50 AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 14
•-
.-.
-

Check Number Check Date Fund Name :\CCOunt Name \'endor Name Vold .lnu unt Check Total: 4,988.50
22313 04/24/2023 Water Enterprise Fund Special Departmental Expense RED WING BUSINESS ADVANTAGE ACCOUNT 50.00 Check Total: 50.00
22314 04/24/2023 Water Enterprise Fund Accounts Payable JAMES RHODEN 143.76 Check Total: 143.76
22315 04/24/2023 General Fund Accounts Payable SYLVIA ROSAS 2.00 22315 04/24/2023 Water Enterprise Fund Accounts Payable SYLVIA ROSAS 89.78 Check Total: 91.78
22316 04/24/2023 General Fund Professional Services ROSENOW SPEVACEK GROUP INC. 682.50 22316 04/24/2023 RDVLPMNT Obligation Retirement Professional Services ROSENOW SPEVACEK GROUP INC. 410.00 Check Total: 1,092.50
22317 04/24/2023 General Fund Community Center Deposits RAMESH SABLOK 350.00 22317 04/24/2023 General Fund Community Center Deposits RAMESH SABI,OK 210.00 Check Total: 560.00
22318 04/24/2023 General Fund Office Supplies SAFEGUARD BUSINESS SYSTEMS 154.54 Check Total: 154.54
22319 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 98.82 22319 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 172.39 22319 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 657.02 22319 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 209.96 22319 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE -2.47 Check Total: 1,13 5.72
22320 04/24/2023 Sewer Enterprise Fund Professional Services SAN JOAQUIN VALLEY AIR 900.00 Check Total: 900.00
22321 04/24/2023 General Fund Travel/Conferences/Meetings II. lS1lA SANDERS 875.10 Check Total: 875.10
22322 04/24/2023 General Fund Training DAVE SARGINSON 39.22 22322 04/24/2023 General Fund Training DAVE SARGINSON 53.33 22322 04/24/2023 General Fund Training DAVE SARGINSON 26.58 Check Total: 119.13
AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 15
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('heck \umher ('heck Date Fund Name Account Name Vendor Name Void Amount 22323 04/24/2023 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 10,845.88 Check Total: 10,845.88
22324 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 335.15 22324 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 384.72 Check Total: 719.87
22325 04/24/2023 Water Enterprise Fund Accounts Payable GERBACIO SOLORZANO 40.25 22325 04/24/2023 Sewer Enterprise Fund Accounts Payable GERBACIO SOLORZANO 4229 22325. . 04/24/2023 Sanitation Enterprise Fund Accounts Payable GERBACIO SOLORZANO 4.71 22325 04/24/2023 Sanitation Enterprise Fund Accounts Payable GERBACIO SOLORZANO 15.08 Check Total: 102.33
22326 04/24/2023 General Fund Office Supplies STAPLES BUSINESS ADVANTAGE 139.97 22326 04/24/2023 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 89.31 22326 04/24/2023 General Fund Special Departmental Expense STAPLES BUSINESS ADVANTAGE 45.12 Check Total: 274.40
22327 04/24/2023 Sewer Enterprise Fund Professional Services STATE WATER RESOURCES CONTROL BOARD 1,73 8.00 Check Total: 1,73 8.00
22328 04/24/2023 General Fund Professional Services STERICYCLE, INC. 35.96 Check Total: 35.96
22329 04/24/2023 General Fund Uniform & Clothing Expense SUN BADGE COMPANY 129.80 Check Total: 129.80
22330 04/24/2023 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 4,395.16 22330 04/24/2023 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 10,693.29 22330 04/24/2023 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 3,923.45 22330 04/24/2023 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,918.86 Check Total: 20,930.76
22331 04/24/2023 Water Enterprise Fund Machinery & Equipment TESCO CONTROLS, INC. 114,750.00 22331 04/24/2023 Sewer Enterprise Fund Machinery & Equipment TESCO CONTROLS, INC. 114, 750.00 22331 04/24/2023 Water Enterprise Fund Special Departmental Expense TESCO CONTROLS, INC. 1,865.00 Check Total: 231,365.00
22332 04/24/2023 Information Technology Fund Special Departmental Expense TPX COMMUNICATIONS 9,996.79 Check Total: 9,996.79
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-
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—
AP-Checks Ibr Approval (4/20/2023 - 8:45 AM) Page 16

Cheek Number Check Date Fund Name 1ccount Name vendor Name Void Amount 22333 04/24/2023 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 33.00
22334 04/24/2023 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,890.86 22334 04/24/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 3,526.61 22334 04/24/2023 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 447.50 Check Total: 5,864.97
22335 04/24/2023 General Fund Maint. I3uildings & Grounds VAK-PAK, INC. 758.92 Check Total: 758.92
22336 04/24/2023 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 22336 04/24/2023 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 Check Total: 2,000.00
22337 04/24/2023 Internal Service Fund Operations & Maintenance VAN DE POL 11,666.66 Check Total: 11,666.66
22338 04/24/2023 General Fund Communications VERIZON WIRELESS 342.09 22338 04/24/2023 General Fund Communications VERIZON WIRELESS 760.20 22338 04/24/2023 General Fund Communications VERIZON WIRELESS 38.01 22338 04/24/2023 General Fund Communications VERIZON WIRELESS 51.50 22338 04/24/2023 General Fund Communications VERIZON WIRELESS 154.50 22338 04/24/2023 Gas Tax/Street Improvement Communications VERIZON WIRELESS 217.57 22338 04/24/2023 Water Enterprise Fund Communications VERIZON WIRELESS 459.37 22338 04/24/2023 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.01 22338 04/24/2023 Sewer Enterprise Fund Communications VERIZON WIRELESS 338.51 22338 04/24/2023 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.03 22338 04/24/2023 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.01 22338 04/24/2023 Internal Service Fund Utilities VERIZON WIRELESS 80.04 22338 04/24/2023 Internal Service Fund Communications VERIZON WIRELESS 103.00 Check Total: 2,662.84
22339 04/24/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,972.04 Check Total: 1,972.04
22340 04/24/2023 Water Enterprise Fund Special Departmental Expense VULCAN MATERIALS COMPANY 2,272.66 22340 04/24/2023 Sewer Enterprise Fund Special Departmental Expense VULCAN MATERIALS COMPANY 2,272.65 Check Total: 4,545.31
22341 04/24/2023 General Fund Professional Services VVH CONSULTING SERVICES 5,737.50 22341 04/24/2023 General Fund Professional Services VVH CONSULTING SERVICES 1,750.00 AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 17
"

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 22341 04/24/2023 Local Transportation Fund Atw Blvd & First St Signal VVI-1 CONSULTING SERVICES 450.00 22341 04/24/2023 SB 1 -Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 200.00 22341 04/24/2023 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 7,000.00 22341 04/24/2023 1,2,3-TCP Fund TCP Remediation Project VVI-1 CONSULTING SERVICES 450.00 22341 04/24/2023 General Fund Professional Services VVH CONSULTING SERVICES 11,340.00 22341 04/24/2023 ARPA-American Rescue Plan Act Palm/Bellevue ST/SLWK Improv. VVH CONSULTING SERVICES 850.00 22341 04/24/2023 ARPA-American Rescue Plan Act Osborn Park Renovation VVI1 CONSULTING SERVICES 5,832.50 22341 04/24/2023 General Fund Professional Services VVH CONSULTING SERVICES 9,450.00 22341 04/24/2023 General Fund Professional Services VVH CONSULTING SERVICES 3,425.50 22341 04/24/2023 Measure V 20% AlternativeModes Phase 1 Ped Imp Proj Downtown VVH CONSULTING SERVICES 450.00 22341 04/24/2023 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 13,702.00 22341 04/24/2023 1,2,3-TCP Fund TCP Remediation Project VVH CONSULTING SERVICES 900.00 22341 04/24/2023 Sewer Enterprise Fund Lower Shaffer Storm Drain Imp VVI-I CONSULTING SERVICES 990.00 22341 04/24/2023 General Fund Professional Services VVH CONSULTING SERVICES 900.00 22341 04/24/2023 General Fund Professional Services VVI-I CONSULTING SERVICES 13,500.00 22341 04/24/2023 ARPA-American Rescue Plan Act Osborn Park Renovation VVH CONSULTING SERVICES 6,405.00 22341 04/24/2023 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 2,406.50 22341 04/24/2023 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVII CONSULTING SERVICES 311.79 Check Total: 86,050.79
22342 04/24/2023 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 18.15 Check Total: 18.15
22343 04/24/2023 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 46.83 Check Total: 46.83
22344 04/24/2023 General Fund Professional Services WEED MAN 1,151.00 Check Total: 1,151.00
22345 04/24/2023 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 Check Total: 29.97
22346 04/24/2023 General Fund Special Departmental Expense WINTON HARDWARE 18.30 22346 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 31.65 22346 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 30.16 22346 04/24/2023 Gas Tax/Street Improvement Special Departmental Expense WINTON I-IARDWARE 48.48 22346 04/24/2023 General Fund Special Departmental Expense WINTON HARDWARE 24.75 22346 04/24/2023 General Fund Special Departmental Expense WINTON IARDWARE 21.54 22346 04/24/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 26.89 22346 04/24/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 138.50 Check Total: 340.27
AP-Checks for Approval (4/20/2023 - 8:45 AM) Page 18
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-
,_.

Check Number Check Date Mind Name recount Name Vendor Name \'md Amount 22347 04/24/2023 General Fund Special Departmental Expense WORK WELLNESS 620.00 Check Total: 620.00
22348 04/24/2023 Water Enterprise Fund Accounts Payable JANICE YORK 86.76 Check Total: 86.76
22349 04/24/2023 General Fund Memberships & Subscriptions YOSEMITE CHAPTER OF ICC 100.00 Check Total: 100.00
Report Total: 1,140,905.74
AP-Checks Approval (4/20/2023 - 8:45 AM) Page 19

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
4/20/2023 - 8:42 AM
Check Number Check Date Fund Name
r
Account Name Vendor Name
:rig- (If
twater
z 4
$ O Selkvue Road` / CA 95Q1
Void Amount
22225 04/06/2023 General Fund Garnishments FRANCHISE TAX BOARD 210.00 Check Total:

Report Total:
210.00
210.00
AP-Checks for Approval (4/20/2023 - 8:42 AM) Page 1

Accounts Payable
Checks by Date - Detail by Check Date
User: vnaranjo
Printed: 4/20/2023 8:38 AM
750 Bellevue Road, CA 95301
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH CHA999 CHASE 04/24/2023
4032023 Clovis Cleaners 78.98
4032023 Zoom 324.87
4032023 TenantAlert 12.00
4032023 McDonalds 9.13
4032023 Lowe's 63.82
4032023 Olive Garden 16.10
4032023 ZipRecruiter 504.00
4032023 Buffalo Wild Wings 12.85
4032023 Hyatt Regency 685.62
4032023 EB Level! Traffic Si 743.76
4032023 Dihuni.com 518.02
4032023 Yogolicious 15.00
4032023 Shell 62.12
4032023 Starbucks 10.20
4032023 Portola Hotel & Spa 1,154.18
4032023 Hyatt Regency 162.40
4032023 Red Carpet Car Wash 80.99
4032023 Jantz Cafe & Bakery 93.00
4032023 Food4Less 9.07
4032023 Walmart 14.01
4032023 AmericanAirlines 1,139.91
4032023 Reservations.com 1,558.98
4032023 San Joaquin Valley 290.00
4032023 Mikuni Japanese 40.02
4032023 The Home Depot 14.00
4032023 Lowe's 32.45
4032023 The Murieta Inn and Spa 322.62
4032023 GoDaddy.com LLC 21.17
4032023 Lazy Dog Restaurant 29.78
4032023 Mama Cozza's 47.00
4032023 Hyatt Regency Newport Beach Market 11.31
4032023 Best Buy 64.94
4032023 JAMF Software LLC 160.00
4032023 Chevron 38.05
4032023 The Lighthouse 52.00
4032023 Hampton Inn and Suites 426.36
4032023 Reservations.com 88.56
4032023 TenantAlert 12.00
4032023 The UPS Store 12.47
4032023 Starbucks 13.75
4032023 Wahnart 45.64
4032023 Lantz Cafe & Bakery 38.56
4032023 Walgreens 19.42
4032023 Panda Express 12.98
4032023 San Joaquin Valley -290.00
4032023 Rubber Stamp Warehouse 163.50
4032023 Hyatt Regency 153.66
4032023 Hyatt Regency Newport Beach Market 11.31
t Cily of
C ty Pride City Wide
AP Checks by Date - Detail by Check Date (4/20/2023 8:38 AM) Page I

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
4032023 Rubber Stamp Warehouse 8t.75
4032023 Wendy's 15.38
4032023 Dollar Tree 5.41
4032023 Walmart 6.39
4032023 Baskin Robbins 15.00
4032023 Walmart 14.92
4032023 Adobe Inc 19.99
4032023 Boucher's Shoes 200.00
4032023 Big Sky Communications 910.00
4032023 Target 12.98
4032023 Jantz Cafe & Bakery 76.00
4032023 Courtyard by Maniott 724.45
4032023 Walmart 4.80
4032023 X Grain Sportswear 216.50
4032023 ESRI 3,025.00
Total for this ACH Check for Vendor CHA999: 14,429.13
Total for 4/24/2023: 14,429.13
Report Total (1 checks): 14,429.13
AP Checks by Date • Detail by Check Date (4/20/2023 8:38 AM) Page 2

SPECIAL MEETING

CITY COUNCIL

ACTION MINUTES
April 7, 2023
CALL TO ORDER:

The City Council of the City of Atwater met in Special Session this date at 9:06 AM in the Jesse Frago Room located at the Atwater Community Center, 760 E. Bellevue Road, Atwater, California; Mayor Nelson presiding.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was postponed to the Regular Session.

ROLL CALL:

Present: City Council Members Ambriz, Button, Cale, Mayor Nelson Council Member Raymond arrived at 9:32 AM.

Absent: None
Staff Present: City Manager Waterman, Interim Human Resources Director Sousa, Public Works Director Vinson, Community Development Director Thompson, Finance Director Youmara, CAL Fire
Battalion Chief Fire Marshal Lopes, CAL Fire Battalion Chief Ayuso, Lieutenant Novetzke, Police Chief Salvador, Deputy City Clerk Martin
Facilitator / Guest: Juan T. Lopez, Amistad Associates
PUBLIC COMMENT:

CITY OF ATWATER
Minutes

City Council Special Meeting Action Minutes for April 7, 2023 Page 2 Notice to the public was read.

No one came forward to speak.

STRATEGIC PLANNING SESSION:

Discussion and direction regarding goals, priorities, City-wide planning City Manager Waterman provided an introduction for the day.

Public Works Director Vinson provided a presentation regarding the Public Works department, and answered questions.

Community Development Director Thompson provided a presentation regarding the Community Development department, and answered questions.

Interim Human Resources Director Sousa provided a presentation regarding the Human Resources department, and answered questions.

Mayor Nelson called a recess at 10:40 AM.

Mayor Nelson resumed the meeting at 10:50 AM.

PUBLIC COMMENT:

Notice to the public was read.

Jeff Stopper spoke regarding a project for Castle Air Museum.

Joe Pruzzo spoke regarding a project for Castle Air Museum.

Maj. Gen. Clay Garrison spoke regarding a project for Castle Air Museum.

No one else came forward to speak.

City Manager Waterman provided an update regarding accomplishments from the 2020-2025 Strategic Plan.

Finance Director Youmara proposed and provided updates regarding American Rescue Plan Act.

Facilitator Lopez asked City Council members to identify their priorities.

City Council Special Meeting Action Minutes for April 7, 2023 Page 3 Mayor Nelson adjourned the Special Meeting at 12:59 PM. _________________________________

JANELL MARTIN,

DEPUTY CITY CLERK

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
April 10, 2023
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater and the Governing Board met in Open Session this date at 5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.

ROLL CALL:

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

Absent: City Council Member Ambriz
Staff Present: City Manager Waterman, City Attorney Splendorio, Community Development Director Thompson, Public Works Director
Vinson, Interim Human Resources Director Sousa, Deputy City Clerk Martin
CLOSED SESSION: (Conference Room A)
Mayor Nelson invited public comment on Closed Session items.

No one came forward to speak.

Mayor Nelson Adjourned the meeting Conference Room A for Closed Session at 5:31 PM. Closed Session was called to order at 5:34 PM.

Conference with Legal Counsel - LIABILITY CLAIM (Gov. Code 54956.95): Claimant:

Manuel Duran; Agency claimed against: City of Atwater

City Council Action Minutes for April 10, 2023 Page 2
Closed Session adjourned at 5:39 PM.

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 Josh Davis.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The pledge of allegiance to the flag was led by Mayor Pro Tem Raymond.

ROLL CALL: (City Council)

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

Absent: City Council Member Ambriz
Staff Present: City Manager Waterman, City Attorney Splendorio, Police Chief Salvador, Battalion Chief Ayuso, Battalion Chief/Fire Marshal Lopes, Community Development Director Thompson, Public
Works Director Vinson, Finance Director Youmara, Deputy City Clerk Martin
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

City Attorney Splendorio reported that the City Council discussed the item of one liability claim, provided direction, and there was no reportable action.

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

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

CONSENT CALENDAR:

Mayor Nelson opened the public comment.

No one came forward to speak.

Mayor Nelson closed the public comment.

City Council Action Minutes for April 10, 2023 Page 3
MOTION: City Council Member Button moved to approve the Consent Calendar as posted. The motion was seconded by City Council Member Cale and the vote was:

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

WARRANTS:

1. April 10, 2023
ACTION: Approval of warrants as listed.

MINUTES: (Audit and Finance Committee)

2. a) January 23, 2023 – Regular meeting
b) February 27, 2023 – Regular meeting
ACTION: Accept minutes as listed.

MINUTES: (City Council)

3. March 27, 2023 – Regular Meeting
ACTION: Approval of minutes as listed.

RESOLUTIONS:

4. Amending City of Atwater Classification Plan and adopting Salary Schedule D23 relating to City Engineer (Interim Human Resources Director Sousa) ACTION: 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)
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).

AGREEMENTS:

6. Approving an Amended and Restated Lease Agreement with Merced County Radio Control Club (Public Works Director Vinson)

City Council Action Minutes for April 10, 2023 Page 4
ACTION: Approves an 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)
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.

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)
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.

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)
ACTION: Adopts an ordinance amending certain sections of Chapter 17.69 “Sign Regulations,” of the Atwater Municipal Code.

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) ACTION: 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.

PUBLIC HEARINGS:

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

City Council Action Minutes for April 10, 2023 Page 5
Police Chief Salvador 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 adopt Resolution No. 3381-23, amending Resolution No. 2145-06 declaring certain roads to be subject to public traffic regulations. The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Raymond, Button, Nelson; Noes: None; Absent: Ambriz. The motion passed.

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)
Police Chief Salvador and CAL FIRE Battalion Chief/Fire Marshall Lopes provided background information on this item.

Mayor Pro Tem Raymond asked for clarification regarding existing fireworks.

City Council Member Cale asked for clarification regarding the item.

Mayor Nelson thanked staff for the provided information.

Louis Linney, Vice President of TNT Fireworks spoke regarding safe and sane fireworks and in support of this item.

Mayor Nelson opened the public hearing on this item.

Diana Riggs spoke in support of the item.

Mayor Nelson provided a comment that was received by St. Anthony’s 4-H.

Rich Miller spoke regarding this item and the ability to enforce.

Jim Price spoke regarding this item, the fee associated, and enforcement.

MOTION: City Council Member Cale moved 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

City Council Action Minutes for April 10, 2023 Page 6
Ordinance to be Exempt from CEQA. The motion was seconded by Mayor Nelson and the vote was: Ayes: Cale, Raymond, Nelson; Noes: Button; Absent: Ambriz.

The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Awarding a General Construction Agreement with Phase One Construction for the Installation of the Bathrooms at Osborn Park (Public Works Director Vinson) Public Works Director Vinson provided background information on this item.

City Council Member Cale asked regarding the Engineer’s estimate.

Public Works Director Vinson provided clarification.

Mayor Nelson asked for clarification regarding the timeline of the project.

Public Works Director Vinson provided clarification.

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

Jim Price asked regarding the security of the restrooms.

No one else came forward regarding this item.

MOTION: City Council Member Button moved 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.

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

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

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) Finance Director Youmara provided background information on this item.

Ahmed Badawi, CPA Badawi &Associates provided a PowerPoint presentation to the City Council regarding the City of Atwater’s audited Financial Statements and Single Audit for Fiscal Year ended June 30, 2022.

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

No one came forward regarding this item.

City Council Action Minutes for April 10, 2023 Page 7
MOTION: City Council Member Cale moved to accept the City of Atwater’s audited Financial Statements and Single Audit for Fiscal Year ended June 30, 2022. The motion was seconded by Mayor Nelson and the vote was: Ayes: Cale, Nelson; Noes: Button, Raymond; Absent: Ambriz. The motion failed.

CITY MANAGER REPORTS/UPDATES:

City Manager Waterman stated that she will be reporting regarding larger projects that include Economic Development, Transportation, and Recreation.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

Mayor Nelson clarified that under the Brown Act, members of the public are entitled to directly address the City Council and are not entitled to address their comments to other members of the public or to staff.

Mayor opened the public comment.

Linda Dash spoke regarding personnel and calls for service.

Jim Price spoke regarding a Public Records request received.

Field Representative for Congressman John Duarte, Christan Santos spoke regarding the various committees the Congressman sits on.

Rich Miller spoke regarding the sidewalk and curb work that is going on. Spoke regarding the Easter Egg Hunt and thanked staff for their hard work.

No one else came forward to speak.

Mayor Nelson closed the public comment.

CITY COUNCIL REPORTS/UPDATES:

City Council comments
City Council Member Cale thanked Atwater Youth Baseball for their opening day ceremonies and allowing him to throw the first pitch. He thanked staff for a great Easter Egg Hunt and thanked Atwater High School for allowing the churches of Atwater for the use of the field for a great sunrise service of Easter Sunday.

City Council Member Button wished his daughter a happy 7th birthday.

Mayor Pro Tem Raymond wished his son a happy 19th birthday.

City Council Action Minutes for April 10, 2023 Page 8
Mayor Nelson announced that the Splash Park will be open tomorrow. He read a statement regarding the Sam Joseph Arbitration.

ADJOURNMENT:

Mayor Nelson adjourned the meeting in memory of George Sziraki at 7:19 PM. ________________________________

JANELL MARTIN

DEPUTY CITY CLERK

CITY OF ATWATER

PLANNING COMMISSION

ACTION MINUTES
October 19, 2022
REGULAR SESSION: (Council Chambers)
The Planning Commission 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; Chairperson Nelson presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Planning Commission Member Sander.

INVOCATION:

The Invocation was led by Police Chaplin Miller.

ROLL CALL:

Present: Planning Commission Members Borgwardt, Sanders, Daugherty, Nelson

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

MOTION: Planning Commission Member Borgwardt moved to approve the agenda as posted. The motion was seconded by Planning Commission Member Sanders

and the vote was: Ayes: Sanders, Daugherty, Borgwardt, Nelson; Noes: None;

Absent: Kadach. The motion passed.

APPROVAL OF MINUTES: None
PETITIONS AND COMMUNICATIONS:

Request from Victory Baptist Church for “Christmas in the Park” at Ralston Park.

Pastor Richard Miller spoke on this request and gave some background on this event. It was clarified that this event would take place at the Bloss House which was listed on their application.

Community Development Director Thompson would like to conditionally approve this request. He would like to take a closer look at the closure on Third Street between Cedar and First Street.

MOTION: Planning Commission Member Daugherty moved to conditionally approve the request from Victory Baptist Church to host “Christmas in the Park at the Bloss House from December 16th, 2022 through December 18th, 2022 from 5:00pm-8:00pm. Requesting possible road closures on Grove Avenue from Third Street to Fifth Street and on Fifth Street from Grove Avenue to Cedar Avenue subject to the Community Development Director’s Review. Planning Commission Member Sanders seconded the motion, and the vote was: Ayes: Daugherty, Borgwardt, Sanders, Nelson; Noes: None; Absent: Kadach. The motion passed.

Request for “Annual Harvest Festival” and temporary road closure from Valley Christian Chapel
Community Development Director Thompson spoke on this request. He would like to have conditional approval borrowing no interference with traffic in this area.

MOTION: Planning Commission Member Sanders moved to conditionally approve the request from Valley Christian Chapel to host an Annual Harvest Festival on October 31st, 2022, from 5:30pm-9:30pm and road closure on Third Street between Broadway and Drakeley Avenue. Planning Commission Member Borgwardt seconded the motion, and the vote was: Ayes: Daugherty, Borgwardt, Sanders, Nelson; Noes: None; Absent Kadach. The motion passed.

Request for Grand Opening Event/Vendor Fair and road closure.

Community Development Director Thompson spoke on this request.

Jeremiah Enriquez spoke on this request and his business.

Planning Commission Member Daugherty inquired about the time frame for the road closure.

Chairperson Nelson inquired about closing a few hours before 7:00pm MOTION: Planning Commission Member Daugherty moved to approve the request from Silent Speed Ebikes to host a Grand Opening Event and Vendor Fair on October 22nd, 2022, with the amended hours from 7:00am to 5:00pm and road closure on Broadway Avenue between Second Street and Fourth Street. Planning Commission Member Borgwardt seconded the motion, and the vote was: Ayes:

Sanders, Daugherty, Borgwardt, Nelson; Noes: None; Absent: Kadach. The motion passed as amended.

PUBLIC HEARINGS: None
REPORTS AND PRESENTATIONS FROM STAFF:

Community Development Director Thompson Verbal Updates.

Community Development Director Thompson spoke regarding the Request for Proposals for consultant services to prepare the General Plan Update. He also spoke regarding Bellevue Corridor Project.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

Albert Cisneros expressed concern with his business license application for 231 Business Parkway for an Auto Repair Shop.

Community Development Director Thompson spoke on this application as well as a Conditional Use Permit being required.

Chairperson Nelson recommended Albert Cisneros set up an appointment with the Community Development Director.

No one else came forward to speak.

COMMISSIONER MATTERS:

Planning Commission Member Daugherty expressed concern with the rapid flashing beacons on Winton Way. He is inquiring on the status of having them moved out of the per view of the roadway to protect the City’s investments.

Planning Commission Member Borgwardt is inquiring about an update on signage for a new advertisement sign on Atwater Blvd and First Street. He is concerned with dead redwood trees on Juniper.

ADJOURNMENT:

Chairperson Nelson, adjourned the meeting at 6:26 PM.
________________________________
Mike Nelson, Chairperson
By: Kayla Rashad
Recording Secretary

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 24, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director

PREPARED
BY:

Christina Thurman, Executive Assistant
SUBJECT: Authorizing the City Manager to make specified modifications for time extensions and/or tax rates for existing Cannabis businesses during their transition to the Cannabis Regulatory Program under Chapter 5.70 (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3389-23 authorizing the City Manager to make specified modifications for time extension and/or tax rates for existing Cannabis businesses during their transition to the Cannabis regulatory program under Chapter 5.70.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

On May 14, 2018, the Atwater City Council (“City Council”) adopted Ordinance No. CS 996, adding Atwater Municipal Code (“A.M.C.”) Chapter 5.60 to establish a Cannabis Business Pilot Program to regulate all cannabis businesses within the City.

In May 2018 the City of Atwater City Council placed before the voters a ballot measure, “Measure A,” to enact an ordinance allowing the City Council to implement a tax on gross receipts of cannabis businesses within the City. In the same month, the City Council adopted Ordinance No. CS 996 to regulate the operation of commercial cannabis businesses within the City and establish a Cannabis Business Pilot Program.

Atwater voters approved Measure A on November 6, 2018, by 65% of local voters, and thus the City adopted chapter 3.54, Cannabis Business Tax, to Title 3, Revenues and Finance of the municipal code, which imposes a business license tax at a rate of up to fifteen percent (15%) on gross receipts of commercial cannabis businesses in the City of Atwater, with the tax rate to be set by resolution of the City Council. Until now, no tax rate within that 15% cap has been formally set by the City Council, because cannabis businesses were instead paying public benefit fees established through their Development Agreements.

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

Agenda Report - Page 2

On February 25, 2019 the Atwater City Council imposed a business license tax of fifteen percent (15%) of gross receipts of any cannabis-related business that had not entered into a Development Agreement with the City.

On May 10, 2021 the City of Atwater entered into a Professional Service Agreement with HdL Companies to assist with Cannabis Management Services, migrating the pilot program into a permanent cannabis business program, providing a fiscal revenue analysis, and recommending tax rates.

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

At the July 11, 2022 regular Council meeting, HdL Companies presented their Fiscal Revenue Analysis of the Commercial Cannabis Industry and City Council gave direction to staff to move forward to take the necessary actions in updating the Cannabis Ordinance, to be able to:
• Migrate the pilot program into the permanent cannabis business program and sundown the existing development agreements in favor of a similar sales tax structure provided by HdL Companies’ Fiscal Revenue Analysis of the Commercial Cannabis Industry.
• Set tax rates to be competitive with statewide averages and with our surrounding service area.
• Adjust cannabis ordinance as necessary to ensure that both the initial and annual permit fees for cannabis businesses are competitive with other jurisdictions, in addition to recouping costs for maintaining the highly regulated Program.

ANALYSIS:

On December 12, 2022 the Atwater City Council adopted Resolution No. 3356-22 setting the new Cannabis Tax Rate. The new tax rate provides a more structured and competitive tax rate ranging from 2.0% to 6.0% of all gross receipts for operating Cannabis businesses within the City of Atwater.

On January 9, 2023 City Council adopted Ordinance No. 1055: Amending Chapter 5.60 Cannabis Pilot Program and added Chapter 5.70 Cannabis Regulatory Program. This new ordinance provides existing Cannabis Operators to transfer to the Cannabis Regulatory Program.

Agenda Report - Page 3

Through the adopted ordinance under Chapter 5.60, current cannabis businesses that are under an expiring Development Agreement (DA) may immediately begin the application process for the new regulatory program under Chapter 5.70. Cannabis operators that are still under an active Development Agreement may elect to remain under the active DA until its expiration.

Staff identified a need for a transitional period which would allow for existing cannabis businesses that have applied to the new program under Chapter 5.70.

Staff is proposing that City Council authorize the City Manager to enter into agreements allowing existing businesses who have applications on file to conduct business under Chapter 5.70, for time extensions or terminations of existing DA's under AMC 2.32.090 and to apply the applicable tax rate under Resolution No. 3356-22 during such transition. If the application is withdrawn, denied, and/or the DA expires during the pendency of the application, the agreement will also expire. Only cannabis businesses in good standing with the City will all public benefit fees current will be eligible.

II. FISCAL IMPACTS:

There will be no negative fiscal impacts, it is more beneficial to assist existing businesses with the transition to the new Cannabis Regulatory Program.

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is not considered a "project" pursuant to Section 21065 of the Public Resources Code in that the action would not have a direct or indirect effect to the

Agenda Report - Page 4

physical environment and therefore is not subject to analysis. Any cannabis business that may seek entitlements as a result of this item will be subject to environmental analysis on a case-by-case basis
IX. STEPS FOLLOWING APPROVAL:

Staff will coordinate with the City Manager’s office to perform outreach to current Cannabis Businesses and begin the transition to the new Cannabis Regulatory Program.

Submitted by:

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Reso No. 3389-23 Authorizes CIty Manager To Make Amendments to Cannabis DA (Final)

CITY COUNCIL

OF THE CITY OF ATWATER

RESOLUTION NO. 3389-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER AUTHORIZING THE CITY MANAGER TO MAKE

SPECIFIED MODIFICATIONS FOR TIME EXTENSION

AND/OR TAX RATES FOR EXISTING CANNABIS

BUSINESSES DURING THEIR TRANSITION TO THE

CANNABIS REGULATORY PROGRAM UNDER CHAPTER

5.70 WHEREAS, on May 14, 2018, the Atwater City Council (“City Council”) adopted Ordinance No. CS 996, adding Atwater Municipal Code (“A.M.C.”) Chapter 5.60 to establish a Cannabis Business Pilot Program to regulate all cannabis businesses within the City.

WHEREAS, in May 2018 the City of Atwater City Council placed before the voters a ballot measure, “Measure A,” to enact an ordinance allowing the City Council to implement a tax on gross receipts of cannabis businesses within the City. In the same month, the City Council adopted Ordinance No. CS 996 to regulate the operation of commercial cannabis business within the City and establish a Cannabis Business Pilot Program.

WHEREAS, Atwater voters approved Measure A on November 6, 2018, by 65% of local voters, and thus the City adopted chapter 3.54, Cannabis Business Tax, to Title 3, Revenues and Finance of the municipal code, which imposes a business license tax at a rate of up to fifteen percent (15%) on gross receipts of commercial cannabis businesses in the City of Atwater, with the tax rate to be set by resolution of the City Council. Until now, no tax rate within that 15% cap has been formally set by the City Council, because cannabis businesses were instead paying public benefit fees established through their development agreements.

WHEREAS, on February 25, 2019 the City of Atwater City Council imposed a business license tax of fifteen percent (15%) of gross receipts of any cannabis-related business that had not entered into a Development Agreement with the City.

WHEREAS, on May 10, 2021, the City of Atwater entered into a Professional Service Agreement with HdL Companies to assist with Cannabis Management Services, migrating the pilot program into a permanent cannabis business program, providing a fiscal revenue analysis, and recommending tax rates.

Resolution No. 3389-23 Page 2
WHEREAS, on January 10, 2022, the City Council awarded a Professional Services Agreement to the consulting firm HdL Companies for cannabis management services to assist with administration of monthly public benefit collection, annual revenue audits, Two (2) annual compliance audits, and twenty (20) hours of technical assistance and subject matter expertise. It was also determined that the City would benefit from moving away from the current Development Agreement framework, and toward adoption of an ordinance that would regulate existing and future cannabis businesses in a uniform manner that can be easily administrated by City staff and HdL.

WHEREAS, at the July 11, 2022 regular City Council meeting, HdL Companies presented their Fiscal Revenue Analysis of the Commercial Cannabis Industry and City Council gave direction to staff to move forward with working with legal counsel to take the necessary actions in updating the Cannabis Ordinance to be able to:
• Migrate the pilot program into the permanent cannabis business program and sundown the existing development agreements in favor of a similar sales tax structure provided by HdL Companies’ Fiscal Revenue Analysis of the Commercial Cannabis Industry.
• Set tax rates to be competitive with statewide averages and with our surrounding service area.
• Adjust cannabis ordinance as necessary to ensure that both the initial and annual permit fees for cannabis businesses are competitive with other jurisdictions in addition to recouping costs for maintaining the highly regulated Program.

WHEREAS, on December 12, 2022 the Atwater City Council adopted Resolution No. 3356-22 setting the new Cannabis Tax Rate. The new tax rate provides a more structured and competitive tax rate ranging from 2.0% to 6.0% of all gross receipts for operating Cannabis businesses within the City of Atwater; and
WHEREAS, on January 9, 2023 the Atwater City Council adopted Ordinance No. 1055:

Amending Chapter 5.60 Cannabis Pilot Program and added Chapter 5.70 Cannabis Regulatory Program. This new ordinance provides existing Cannabis Operators to transfer to the Cannabis Regulatory Program; and
WHEREAS, through the adopted ordinance, current cannabis businesses that are under an expiring Development Agreement may immediately begin the application process to the new regulatory program. Cannabis operators that are still under an active Development Agreement may elect to remain under the active DA until its expiration.

WHEREAS, staff identified a need for a transitional period which would allow for existing cannabis businesses that wish to start the process to apply to the new program under Chapter 5.70.

WHEREAS, City Council hereby gives authority to the City Manager to make amendments allowing existing businesses who have applications on file to conduct

Resolution No. 3389-23 Page 3
business under Chapter 5.70, for time extensions or terminations of existing DA’s under AMC 2.32.090 and to apply the applicable tax rate under Resolution No. 3356-22 during such transition.

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

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

2. Provided an application for a cannabis regulatory permit is on file with the City pursuant to Chapter 5.70 of the Atwater Municipal Code, any existing cannabis business which is operating in good standing in compliance with Chapter 5.60, shall be eligible to have their existing DA extended by a time not to exceed 6 months and/or receive the applicable Cannabis Business Tax as set forth on Resolution No. 3356-22 depending on the business type in lieu of the Public Benefit Fee otherwise required.

3. The City Manager shall have the authority to enter into and execute any agreements to this effect, consistent with the authority established in this Resolution.

4. Nothing in this Resolution shall allow an existing cannabis business operating under Chapter 5.60 to continue to operate and/or receive the benefit of any applicable Cannabis Business Tax if the application to convert to the cannabis regulatory permit under Chapter

5.70 is withdrawn, denied, and/or the existing cannabis DA expires prior to the application being approved under Chapter 5.70.

The foregoing resolution is hereby adopted this 24th day of April 2023.

AYES:

NOES:

ABSENT:

APPROVED:
_____________________________

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

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 24, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Michael Salvador, Police Chief

PREPARED
BY:

Ana Jaramillo, Administrative Assistant II
SUBJECT: Approving Budget Amendment No. 18 regarding American Rescue Plan Act Fund for the Police Department Remodel/Rehab Project (Public Works Director Vinson and Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3390-23 approving Budget Amendment No. 18 amending the Fiscal Year 2022-23 Budget to allocate funding from Capital Project Fund in the amount of $220,000 to the Police Department Remodel/ Rehabilitation.

I. BACKGROUND/ANALYSIS:

The Atwater Police Department is in need of some updates and accessibility improvements. Among the improvements needed at this time is extending the black wrought iron fencing behind the Police Department for the protection of the employees and their personal vehicles, replacing the flooring in the dispatch room as well as extending a wall in the bathroom to bring the bathroom up to code, and installing EV charging stations on the east parking lot. The EV charging stations cost will be reimbursed by PG&E after the chargers have been installed. Once staff receives the reimbursement from PG&E, the funds will be placed back into the ARPA fund.

The City Council adopted Resolution No. 3317-22 adopting the 2022-23 Fiscal Year Budget on June 27, 2022. From time to time, the budget needs to be amended. Staff is requesting to establish budget for the Police Department Remodel/Rehab Project and decrease the budget allocated in the Civic 2 account. This allows staff to use some of the first tranche of ARPA funds while council and staff determines the best uses of the second ARPA tranche. Since Civic 2 is under design, and not forecasted to enter into construction until the next fiscal year, and the restaking of Broadway Avenue is still being contemplated, staff feels the best use of these funds this fiscal year is to start the improvements at the Police Department. Staff will come back to Council for approval of work that exceeds staff's spending authority.

II. FISCAL IMPACTS:

Upon approval of Budget Amendment No.18, a project will be established in the ARPA

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

Agenda Report - Page 2

Fund 1010-1080-U008 Police Department Remodel/Rehab.Sufficient funding will be made available through transferring a portion of available budgets out of two existing ARPA Fund projects, 1010-1080-V001 Civic Center #2 and 1010-1080-V035 Broadway Ave Re-tasking Traffic and into the Police Department Remodel/Rehab project.

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. This item is consistent with and is a step to complete the infrastructure component of the Police Department’s strategic plan presented on April 8th, 2019.

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 through all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon City Council's approval, the City Clerk's Office will route the Resolution for signatures to authorize Budget Amendment No. 18 and the Finance Department will make the approved adjustments.

Submitted by:

Agenda Report - Page 3

Justin Vinson, Public Works Director
Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3390-23 - Budget Amendment - Police Rehab (1)

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3390-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 18 AMENDING FISCAL YEAR
2022-23 BUDGET REGARDING POLICE

DEPARTMENT REMODEL PROJECT
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 the Police Department Remodel/Rehab Project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 18 to the Fiscal Year 2022-23 Budget as follows:

Decrease Budget
(Expense)
1010-1080-V001 City Bldg – Civic Center #2 ($100,000)
Decrease Budget
(Expense)
1010-1080-V035 Broadway Ave Re-tasking
Traffic
($120,000)
Establish Budget
(Expense)
1010-1080-U008 Police Department
Remodel/Rehab
$220,000
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 24th day of April 2023.

AYES:

NOES:

ABSENT:

Resolution No. 3390-23 Page 2
APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_________________________________

KORY BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 24, 2023
TO: Mayor and City Council
FROM: Ana Jaramillo, Administrative Assistant II

PREPARED
BY:

Justin Vinson
SUBJECT: Awarding a Purchase to Aqua Metric for Water Meters and Transmitters (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Waives the Formal Procurement Process and awards a sole source purchase to Aqua Metric of Sacramento, California for water meters and transmitters, in an amount not to exceed $274,158.75; and authorizes and directs the City Manager, or her designee, to execute the Purchase Order on behalf of the City.

I. BACKGROUND/ANALYSIS:

In 2004, the California State Legislative passed Assembly Bill No. 2572 amending the California Water Code. This Bill required a water supplier beginning on or before January 1, 2010 to start reading water meters and charging on a water volume-based measurement on all connections installed on or after January 1, 1992. By 2025, the water supplier must have all other water connections prior to January 1, 1992 on water meters and be charged on a water volume-based measurement.

Currently, over half of the City services are metered. The city has approximately 4,100 metered water services, but still needs to install water meters at approximately 3,700 services throughout the city. Staff have been installing meters as they receive them, but now need to start placing larger orders in order to have all the meters installed by the 2025 due date. Staff will be purchasing 600 water meters and 600 transmitters with this purchase order as shown in "Exhibit A". The transmitters are what send the meter readings to the city's radio tower to be stored in the city's database.

In accordance with the City of Atwater Purchasing System Manual, Section 9- Procurement Methods, "Sole Source Purchases", City formal bidding requirements may be dispensed when the services or goods are only available from one source either because: (1) the brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or (2) the item or service is unique and available only form a sole source; or (30 the item or service is designed to match others already in use or nexesary to be compatible with others already in use".

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

Agenda Report - Page 2

Sensus branded products are used for the city's water meter system. Aqua Metric is the only authorized local distributor in the area to sell and service Sensus Metering Systems products, which are the only compatible meters and transmitters for the city's meter system. Aqua Metric has provided documentation stating this information as seen in "Exhibit B".

II. FISCAL IMPACTS:

Sufficient funding is available in FY 2022-23 Budget, Water Fund Capital Replacement, Capital Projects, Installation-New Water Meters, Account No. 6001.1080.L014.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

This item has been routed and reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is not considered a "project" under Section 21065 of the Public Resources Code as it will not directly or reasonably indirectly affect the physical environment and therefore is not subject to review or analysis.

IX. STEPS FOLLOWING APPROVAL:

The Public Works Department will coordinate with Administration and Finance to execute the Purchase Order.

Submitted by:

Agenda Report - Page 3

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Exhibit A- Aqua Metric Quote

2. Exhibit B- Sole Source Aqua Metric

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 24, 2023
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director

PREPARED
BY:

Christina Thurman, Executive Assistant
SUBJECT: Approving Second Amendment to Professional Services Agreement with RSG, Inc. for the preparation of Development Impact Fee Reporting requirements in relation to AB 1600 and the Mitigation Fee Act (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Approves the Second Amendment to the Professional Services Agreement in a form approved by the City Attorney, with RSG, Inc for the preparation of Development Impact Fee Reporting requirements in relation to AB 1600 and the Mitigation Fee Act in a new amount not to exceed $37,210.00; and authorizes and directs the City Manager to sign all documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

AB 1600 (Mitigation Fee Act, 1998) codified as Section 66000 et seq. of the California Government Code, regulates how public agencies collect, maintain, and expend impact fees imposed on developers for the purpose of defraying costs of public facilities. It includes requirements for annual accounting and reporting of the fees.

Section 66006(b)(1) includes the following specific reporting requirements.

For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
(A) A brief description of the type of fee in the account or fund; (B) The amount of the fee;
(C) The beginning and ending balance of the account or fund; (D) The amount of fees collected and interest earned;
(E) An identification of each public improvement on which fees were expended and the amount of the expenditure on each, including the percentage of the cost of the public improvement that was funded with fees;

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

Agenda Report - Page 2

(F) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and (G) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.

Further, Section 66006(b)(2) requires that the local agency governing board review the information made available to the public pursuant to Section 66006(b)(1).

ANALYSIS:

RSG was hired by the City of Atwater (“City”) to provide consulting services to review and make recommendations in order to prepare the development impact fee (“DIF”) annual reports as well as five-year reporting requirements related to the requirements of Assembly Bill 1600 (“AB 1600”). The legal requirements of both the implementation and reporting requirements of DIF programs are found in Government Code Section 66006 and are collectively known as the Mitigation Fee Act.

RSG has completed the annual accounting requirements of the Mitigation Fee Act for the City’s Public Facility Development Impact Fee Program for Fiscal Year 2017-18 through 2020-21, totaling four (4) years. RSG also completed one five-year report, for the period 2012-17. In order to complete the reporting requirements, RSG will work with staff to obtain additional information. Additionally, the City would like RSG to prepare an annual report and a five-year report.

II. FISCAL IMPACTS:

The cost associated with this Second Amendment to the contract will be in an amount not to exceed $37,210.00. Sufficient funding is available in the General Fund, Community Development Department, Professional Service Expense account number 0001-4000-3030.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

The City Attorney has reviewed and approved the contract amendment.

IV. EXISTING POLICY:

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

This has been routed and reviewed by all departments.

Agenda Report - Page 3

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 approval of City Council staff will route for signatures.

Submitted by:

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. RSG, Inc. 6-30-21 Professional Services Agreement City Compliance in Mitigation Fee Act

2. First Amendment to Contract

3. Second Amendment to Contract-RSG AB1600

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND RSG, INC (PROFESSIONAL)
THIS AGREEMENT for professional services is made by and between the City of Atwater, a California municipal corporation (".Ql!y") and RSG, INC, ("Professional") as of June 30. 2021 (the "Effective Date"). City and Professional shall be referred to herein separately as a "Efil!Y." and collectively as "Parties".

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

8., this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on November 1, 2021, the date of completion specified in Exhibit A.

Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.

The time provided to Professional to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum notto exceed $12,550.00, notwithstanding any contrary indications that may be contained in Professional's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional's fee schedule regarding the amount of compensation, attached as Exhibit B, Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021

the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

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

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

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

Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021

2.3 2.4
Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

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

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

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

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, and shall not exceed the amounts described in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2. 7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

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

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

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

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

June 30, 2021

may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

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

4.1 Workers' Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

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

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

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021

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

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

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

Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021

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

4.3 Professional Liability Insurance.

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

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

4.4 All Policies Requirements.

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

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to Professional Services Agreement between
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June 30, 2021

bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

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

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

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

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

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

4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Professional Services Agreement between
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June 30, 2021

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

Section 5. INDEMNIFICATION AND PROFESSIONAL'S RESPONSIBILITIES.

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

5.2 5.3
PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

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Section 6.

6.1 6.2
Section 7.

STATUS OF PROFESSIONAL.

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

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

Professional shall not allow any employee to become eligible for a claim for PERS benefits.

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

LEGAL REQUIREMENTS.

7.1 7.2

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

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

Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

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7.4 7.5
Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

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

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

Section 8. TERMINATION AND MODIFICATION.

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

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

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

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Professional Services Agreement between
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8.3 8.4

8.5 8.6
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

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

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

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

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

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

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

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

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

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

Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City ("Confidential Information") or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021

authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

Section 10. KEEPING AND STATUS OF RECORDS.

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

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

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

Section 11. MISCELLANEOUS PROVISIONS.

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

11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced or in the United States District Court, Eastern District of California.

Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021
Page12of16

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

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

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

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

11. 7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.

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

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

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

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

Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021

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

RSG, INC
Tara Matthews
17872 Gillette Avenue, Suite 350
Irvine, CA 92614
Email Address (for Insurance Update Requests)
[email protected]
Any written notice to City shall be sent to:

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

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

Seal and Signature of Registered Professional with
report/design responsibility.

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

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

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

11.15 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated 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 Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021

necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.

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

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

11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W9 to the City before execution of this Agreement. The City's Finance Director shall have authority to waive this requirement.
[signatures on the following page)
Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021
Page15of16

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

CITY PROFESSIONAL
Lori Waterman, City Manager Tara Matthews, Principal
Attest:

L~
Approved as, to Form:

Professional Services Agreement between
City of Atwater and RSG, INC.

June 30, 2021

EXHIBIT A

SCOPE OF WORK
RSG would assist bringing the City into compliance of the requirements outlined in the Mitigation Fee Act by completing the annual reports for each year since 2017, as well as five-year reporting requirements. After RSG receives all of the necessary data from the City, it is anticipated that this task will take approximately 12-16 weeks to complete.

Task 1. Analyze City Data and Financial Reports. RSGwill request from the City pertinent financial reports and othernecessary data related to each of the City's DIF fees from 2017 through 2021. RSG will review and analyze this data in order to complete the reports detailed in Task 2.

Task 2. Complete Reporting Documents. Using the data above, RSG will complete the annual accounting requirements of the Mitigation Fee Act for the City's Public Facility Development Impact Fee Program for fiscal years2017-18 through 2020-21, for a total of four (4) years. RSGwill also complete one five-year report, for the period 2012 - 17.

RSG will combine reports from all of the years into one comprehensive report will include the following information,in accordance with AB 1600 and the Mitigation Fee Act:
• Description of the type of fee in each account or fund; • Amount of the fee;
• Beginning and ending balance of the account or fund;
• Amount of the fees collected and the interest earned; • Identification of each public improvement on which fees were expended and the amount of each expenditure;
• Identification of the approximate date by which the construction of the public improvement willcommence;
• Description of any inter-fund transfer or loan and the public improvement on which the transferred fundswill be expended;
• Amount of refunds made and any allocations of unexpended fees that are not refunded.

The five-year report will include the following information, in accordance with AB 1600 and the Mitigation Fee Act:

Exhibit A to Professional Services Agreement between
City of Atwater and RSG,INC
June 30, 2021

• Description of the type of fee in each account or fund; • Amount of the fee;
• Beginning and ending balance of the account or fund;
• Amount of the fees collected and the interest earned; • Identification of each public improvement on which fees were expended and the amount of each expenditure;
• Identification of the approximate date by which the construction of the public improvement willcommence;
• Description of any inter-fund transfer or loan and the public improvement on which the transferred fundswill be expended;
• Amount of refunds made and any al locations of unexpended fees that are not refunded.

Task 3. Staff Report. RSG will prepare the staff report and notice of availability for the City Council meeting agenda.

Exhibit A to Professional Services Agreement between
City of Atwater and RSG,INC
June 30, 2021

EXHIBIT B

FEE SCHEDULE
RSG proposes to provide the services described in the Scope of Services on a time-and-materials basis not-to-exceed
$12,550. Our fee is based upon an estimate of the number of hours needed for each task. The table below providesa generalized cost breakdown for the Fee Proposal.

Principal/
Analyst
Research
Task Director Assistant Total
$275 $135 $125
Task 1: Analyze City Data and Financial Reports from 5 20 10 $ 5,325.00 2012- 2021
Task 2: Complete Reporting Documents 5 25 10 $ 6,000.00 Task 3: Staff Report 2 s 0 $ 1,225.00
TOTAL 12 so 20 $ 12,550.00
If the tasks under the Scope of Services section are substantially changed in the future, RSG will notify Habitat and request a fee adjustment. RSG will be on hand to provide "on call" services as needed and will bill for these additional services at an hourly rate based on our current compensation rates.

Any revisions to the Scope of Services will be billed on a time-and-materials basis at the following hourly rates: HOURLY BILLING RA TES:

Principal/ Director $ 275
Senior Associate 200
Associate 180
Senior Analyst 150
Analyst 135
Research Assistant 125
Technician 80
Clerical 60
Reimbursable Expenses Cost plus 10%
RSG does not charge clients for travel or mileage ( except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for Exhibit B to Professional Services Agreement between
City of Atwater and RSG, INC
June 30, 2021

copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

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

Exhibit B to Professional Services Agreement between
City of Atwater and RSG, INC
June 30, 2021

AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ATWATER AND RSG, INC.

This Amendment No. 1 to the Professional Services Agreement ("Amendment No. 1") by and between the City of Atwater ("City") and RSG, INC ("Professional") is entered into on February 8, 2022. City and Professional are hereinafter collectively referred to as the "Parties". ·

RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement dated June 30, 2021 ("Original Agreement") for the purpose of completing the annual accounting requirements of the Mitigation Fee Act for the City's Public Facility Development Impact Fee Program for fiscal years 2017-18 through 2020-21, for a total of four (4) years. RSG will also complete one five-year report, for the period 2012 - 17 with a term ending November 30, 2021 (the "Project"); and WHEREAS, the Parties desire to amend the Original Agreement for the purpose of extending the end date of the Original Agreement under Section 1.1, "Term of Services," as set forth below; and
WHEREAS, Professional's June 2021 contract required more hours than anticipated due to additional meetings with the City, multiple reviews of documents, and unforeseen complexities that were not in the original scope of work; and WHEREAS, the Parties desire to amend the Original Agreement for the purpose of modifying the compensation amount on the contract under Section 2., "Compensation", as set forth below; and
NOW, THEREFORE, as of the Effective Date of this Amendment No. 1, the Original Agreement is hereby amended as follows:

1. The Parties hereby agree to amend Section 1.1 of the Original Agreement, "Term of Services," by modifying the end date from November 30, 2021 to November 30, 2022, as follows:

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on November 30, 2022. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8

2. The Parties hereby agree to amend Section 2 of the Original Agreement, "Compensation," by modifying the compensation amount from a sum not to exceed $12,550.00 to a sum not to exceed $22,370.00, as follows:

Amendment No. 1 to Professional Services Agreement between City of Atwater and RSG, Inc.

February 8, 2022

Compensation. City hereby agrees to pay Professional a sum not to exceed $22,370.00, notwithstanding any contrary indications that may be contained in Professional's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional's fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

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

3. Exhibit A -1 and Exhibit B -1 attached hereto, are hereby also incorporated into this Amendment No. 1, as attached hereto, and supplement "Exhibit A" and "Exhibit B" to the Original Agreement.

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

5. This Amendment No. 1 may be executed in counterparts, each of which to be deemed an original, but all of which shall constitute the same Amendment No. 1. [SIGNATURES ON THE FOLLOWING PAGE]
Amendment No. 1 to Professional Services Agreement between City of Atwater and RSG, Inc.

February 8, 2022

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

CITY OF ATWATER PROFESSIONAL
Lori Waterman
City Manager
Attest:
y
Tar
~
a Mathe
1-,;,
ws
1'(\~
Principal
to form:
r k Splendorio
City Attorney
Amendment No. 1 to Professional Services Agreement between City of Atwater and RSG, Inc.

February 8, 2022

EXHIBIT A-1

SCOPE OF WORK

PROPOSAL AMENDMENT- PREPARATION OF ANNUAL DEVELOPMENT IMPACT FEE REPORTING REQUIREMENTS IN RELATION TO AB 1600 AND THE MITIGATION FEE ACT RSG was hired by the City of Atwater ("City") to provide consulting services to prepare the development impact fee ("DIF") annual reports related to the requirements of Assembly Bill 7600 ("AB 7600"). The legal requirements of both the implementation and reporting requirements of DIF programs are found in Government Code Section 66006 and are collectively known as the Mitigation Fee Act. RSG will complete the annual accounting requirements of the Mitigation Fee Act for the City's Public Facility Development Impact Fee Program for fiscal years 2077-78 through 2020-27, for a total of four (4) years. RSG will also complete one five-year report, for the period 2072 - 77.

RSG's June 2027 contract required more hours than anticipated due to additional meetings with the City, multiple reviews of documents, and unforeseen complexities that were not in our original scope of work.

Scope of Work

7. Complete Reporting Documents. As of the writing of this letter, RSG has completed approximately 75% of the reporting documents. Per our discussion on November 78, 2027, the City of Atwater will provide RSG additional documentation regarding the status of capital improvement projects and updated financial reports. Upon the receipt of these documents, RSG will complete the reports.

2. Coordination and Meetings with Staff and Legal Counsel. Per the discussion on November 78, 2027, RSG, the City, and the City's legal counsel will convene to discuss the findings of the reports and any possible resolution the City may need to take to satisfy the requirements of the Mitigation Fee Act.

3. Staff Report. RSG will prepare the staff report and notice of availability for the City Council meeting agenda.

Amendment No. 1 to Professional Services Agreement between City of Atwater and RSG, Inc.

February 8, 2022

EXHIBIT B -1

FEE SCHEDULE
Fee Proposal & Compensation Rates
RSG proposes to provide the services described in the Scope of Services on a time-and materials basis not-to-exceed $9,820. Our fee is based upon an estimate of the number of hours needed for each task. The table below provides a generalized cost breakdown for the Fee Proposal.

Principal/ Analyst
Task Director Tota.I
$275 $135
Task l: Complete :Reporting Documents 6 .15 $ 3,675.00
Task 2: Coordination with Staff and Legal Counsel 12 12 s 4,920.00 Task 3: Staff Rep.ort 2 5 $ 1,225.00
TOTAl 20 32 $ 9,820.00
If the tasks under the Scope of Services section are substantially changed in the future, RSG will notify Habitat and request a fee adjustment. RSG will be on hand to provide "on call" services as needed and will bill for these additional services at an hourly rate based on our current compensation rates.

Any revisions to the Scope of Services will be billed on a time-and-materials basis at the following hourly rates:

HOURLY BILLING RA TES:

Principal / Director
Senior Associate
Associate
Senior Analyst
Analyst
Research Assistant
Technician
Clerical
Reimbursable Expenses
$ 275
200
180
150
135
125
80 60
Cost plus 10%
RSC does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expenseplus a 70% surcharge.

Amendment No. 1 to Professional Services Agreement between City of Atwater and RSG, Inc.

February 8, 2022

RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.

Invoices identify tasks completed to date, hours expended and the hourly rate.

Amendment No. 1 to Professional Services Agreement between City of Atwater and RSG, Inc.

February 8, 2022

Amendment No. 2 to Professional Services Agreement between April 25, 2023 City of Atwater and RSG, Inc. Page 1 of 6
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ATWATER AND RSG, INC
This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 1”) by and between the City of Atwater (“City”) and RSG, INC. (“Professional”) is entered into on April 25, 2023. City and Professional are hereinafter collectively referred to as the “Parties”.

RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement dated June 30, 2021 (“Original Agreement”) for the purpose of completing the accounting requirements of the Mitigation Fee Act for the City’s Public Facility Development Impact Fee Program for fiscal years 2017-18 through 2020-21, totaling four (4) years, and RSG will also complete one five-year report (the “Project”); and WHEREAS, the Parties amended the Original Agreement in February 8, 2022 (“Amendment No. 1”) to extend the term and increase the compensation from $12,550 to $22,370.

WHEREAS, the Parties desire to further amend the Original Agreement for the purpose of extending the end date of the Original Agreement under Section 1.1, “Term of Services”; and
WHEREAS, Professional’s contract required more hours than anticipated due to additional meeting with the City, multiple reviews of documents, and unforeseen complexities that were not in the original scope of work; and WHEREAS, the Parties desire to further amend the Original Agreement, as previously amended, for the purpose of modifying the compensation amount on the contract under Section 2., “Compensation”, as set forth below; and NOW, THEREFORE, as of the Effective Date of this Amendment No. 2, the Original Agreement , as amended, is hereby amended as follows:

1. The Parties hereby agree to amend Section 1.1 “Term of Services,” by modifying the end date from November 30, 2022 to November 30, 2023, as follows

1.1Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on November 30, 2023. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section

8.The time provided to Professional to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8

Amendment No. 2 to Professional Services Agreement between April 25, 2023 City of Atwater and RSG, Inc. Page 2 of 6

2. The Parties hereby agree to amend Section 2 of the Original Agreement, “Compensation,” by modifying the compensation amount from a sum not to exceed $22,370.00 to a sum not to exceed $37,210.00, as follows:

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $37,210.00, notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

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

3. Exhibit A-2 and Exhibit B-2 attached hereto, are hereby also incorporated into this Amendment No. 2, as attached hereto, and supplement “ Exhibit A” and “Exhibit B” and Exhibit A-1 and Exhibit B-1 to the Original Agreement. .

4. Unless otherwise changed by this Amendment No. 2, the Original Agreement, and all exhibits, shall remain in full force and effect.

5. This Amendment No. 2 may be executed in counterparts, each of which to be deemed an original, but all of which shall constitute the same Amendment No. 2. [SIGNATURES ON THE FOLLOWING PAGE]

Amendment No. 2 to Professional Services Agreement between April 25, 2023 City of Atwater and RSG, Inc. Page 3 of 6
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 on the day and year first above written.

CITY OF ATWATER CONSULTANT
____________________________ ________________________________ Lori Waterman Tara Matthews
City Manager Principal
RSG, Inc.

Attest:
____________________________
Kory Billings
City Clerk
Approved as to form:
____________________________
Frank Splendorio
City Attorney

Amendment No. 2 to Professional Services Agreement between April 25, 2023 City of Atwater and RSG, Inc. Page 4 of 6
EXHIBIT A-2

SCOPE OF WORK
RSG was hired by the City of Atwater (“City”) to provide consulting services to prepare the development impact fee (“DIF”) annual reports as well as five-year reporting requirements related to the requirements of Assembly Bill 1600 (“AB 1600”). The legal requirements of both the implementation and reporting requirements of DIF programs are found in Government Code Section 66006 and are collectively known as the Mitigation Fee Act.

RSG has completed the annual accounting requirements of the Mitigation Fee Act for the City’s Public Facility Development Impact Fee Program for fiscal years 2017-18 through 2020-21, totaling four (4) years. RSG also completed one five-year report, for the period 2012–17. We understand that the City may have some additional data to bring some of the non-compliant items into compliance. Additionally, the City would like RSG to prepare an annual report for fiscal year 2021-22 and a five-year report covering fiscal years 2017-18 through 2021-22.

Scope of Work

1. Complete Reporting Documents. Per our conversation on February 6, 2023, the City of Atwater will provide RSG additional information regarding the status of capital improvement projects and updated financial reports for the annual reports prepared for fiscal years 2017-18 through 2020-21. Upon receipt of this information, RSG will update the annual reports accordingly as well as prepare the annual report for the 2021-2022. Once RSG will complete one five-year report, for FY 2017-18 through 2021-22.

2. Coordination and Meeting with Staff and Legal Counsel. RSG, the City, and the City’s legal counsel will convene to discuss the findings of the reports and any possible resolution the City may need to take to satisfy the requirements of the Mitigation Fee Act.

3. Staff Report. RSG will prepare the staff report and notice of availability for the City Council meeting agenda.

Amendment No. 2 to Professional Services Agreement between April 25, 2023 City of Atwater and RSG, Inc. Page 5 of 6
EXHIBIT B-2

FEE SCHEDULE
Fee Proposal & Compensation Rates
RSG proposes to provide the services described in the Scope of Services on a time-and materials basis not-to-exceed $14,840. Our fee is based upon an estimate of the number of hours needed for each task. The table below provides a generalized cost breakdown for the Fee Proposal.

If the tasks under the Scope of Services section are substantially changed in the future, RSG will notify the City and request a fee adjustment. RSG will be on hand to provide “on call” services as needed and will bill for these additional services at an hourly rate based on our current compensation rates.

Any revisions to the Scope of Services will be billed on a time-and-materials basis at the following hourly rates:

Principal / Director $ 275
Senior Associate $ 200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 80
Clerical $ 60
Reimbursable Expenses Cost plus 10%
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and
support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

Amendment No. 2 to Professional Services Agreement between April 25, 2023 City of Atwater and RSG, Inc. Page 6 of 6
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.

Invoices identify tasks completed to date, hours expended, and the hourly rate.

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

CITY COUNCIL
OF THE

CITY OF ATWATER

Ordinance No. CS 1062 Page 2
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] 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:

Ordinance No. CS 1062 Page 3
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.”

Ordinance No. CS 1062 Page 4
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:

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;

Ordinance No. CS 1062 Page 5

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 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).

Ordinance No. CS 1062 Page 6

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 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

Ordinance No. CS 1062 Page 7
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 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.

Ordinance No. CS 1062 Page 8
PASSED AND ADOPTED by the City Council of the City of Atwater on the day of , 20 , by the following vote:

INTRODUCED: April 10, 2023
ADOPTED:

AYES: Cale, Raymond, Nelson
NOES: Button
ABSENT: Ambriz
APPROVED:

MIKE NELSON, MAYOR
ATTEST:

KORY J. BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 24, 2023
TO: Mayor and City Council
FROM: Lori Waterman, City Manager

PREPARED
BY:

Janell Martin
SUBJECT: Waive the first reading, by title only and introducing an ordinance amending Section 3.45.140 of the Atwater Municipal Code related to the Citizens' Oversight Committee (City Manager Waterman)

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 1061 amending Section 3.45.140 of the Atwater Municipal Code related to the Citizens' Oversight Committee; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

On November 8, 2022, the people of the City of Atwater approved a one cent special transactions and use tax (“Measure B”) to fund the specific purposes of police, fire, and 911 emergency response services. Measure B by and through its codified Municipal Code section 3.45.110 (“Amendments”) allows amendments to it provided they do not affect the rate or purpose of the tax.

The Citizens Oversight Committee was established to ensure transparency and oversight. It will review revenue collected through the Public Safety Transactions and Use Tax, ensure funds are utilized for public safety, police, and fire protection services, and report on the committee's findings to the City Council.

Staff desires to amend certain provisions within section 3.45.140 as it relates to the Citizen Oversight Committee, and in particular clarifying the quorum requirement for 3 (instead of 4), staggering the terms of the appointed members to maximize continuity as much as possible upon term expiration, and to make the meetings quarterly rather than semi-annually. Other than that, there are no other changes contemplated.

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

Agenda Report - Page 2

II. FISCAL IMPACTS:

There are no fiscal impacts.

This item has been reviewed by the Finance department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorneys Office.

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

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 24, 2023.

The public will have the 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 Control 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 Resources Code Section 21065.

IX. STEPS FOLLOWING APPROVAL:

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

Submitted and Approved by:

Agenda Report - Page 3

Lori Waterman, City Manager
Attachments:

1. CS 1061 Amends Chapter 3.45.140 Measure B Ordinance Amendment-c1-c1

2. CS 1050 Amends Ch. 3.45 of Title 3 of the AMC to Renew a One Cent Special Transactions and Use Tax (Sales Tax)

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1061

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER, AMENDING SECTION

3.45.140 OF THE ATWATER MUNICIPAL CODE
RELATED TO THE CITIZENS’ OVERSIGHT

COMMITTEE
WHEREAS, the people of the City of Atwater approved a one cent special transactions and use tax (“Measure B”) to fund the specific purposes of police, fire, and 911 emergency response services; and
WHEREAS, Measure B, by and through section 3.45.110 (“Amendments”) allows amendments to it provided they do not affect the rate or purpose of the tax; and WHEREAS, the City desires to amend certain provisions within Municipal Code section

3.45.140 as it relates to the Citizen Oversight Committee, and in particular clarifying the quorum requirement for 3 (instead of 4), staggering the terms of the appointed members to maximize continuity as much as possible upon term expiration, and to make the meetings quarterly rather than semi-annually.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATWATER DOES HEREBY ORDAIN, AS FOLLOWS:

SECTION 1: AMENDMENTS TO SECTION 3.45.140. Section 3.45.140 of the Atwater Municipal Code is hereby amended in its entirety as follows, with additions shown in underlines and deletions in strikethrough:
“3.45.140 - Citizens’ Oversight Committee.

A. Committee Established. There is hereby established in the City a citizen's oversight committee to monitor the expenditures of revenue collected pursuant to this chapter only and report to the people and the City Council.

Ordinance No. CS 1061 Page 2
B. Selection of Members. Members of the citizens' oversight committee shall be appointed by the City Manager. The committee shall consist of five members. The citizens' oversight committee members shall not be current City employees, officials, contractors or vendors of the City. Past employees, officials or vendors shall be eligible to serve on the committee, provided that there are no conflicts of interest as determined by the City Attorney.

As used herein, the term "official" is not synonymous with the term "public official" as defined in the California Political Reform Act. The term "official" shall not include members or appointees serving on existing boards or commissions of the City of Atwater, including, but not limited to, the Planning and Zoning Commission and the Parks and Recreation Commission. The term "official" shall mean any person who is not an employee, but performs the duties or functions of an employee of the City of Atwater for compensation under an outsourcing arrangement, including, but not limited to, the Fire Chief, the Finance Officer and any other positions which may be outsourced subsequent to the enactment of this Ordinance.

Of the members of the committee first appointed, three shall be appointed for terms of three years and two for terms of two years. Members of the committee Their successors shall be appointed for terms of three years. No member may serve more than two consecutive three-year terms.

The City Manager shall solicit citizens' oversight committee members through an open application process that is promoted through the City's adopted recruiting process. Any Atwater resident is eligible to apply for committee membership, subject to the appointment categories specified above. All applications will be reviewed by the City Manager, who will have the authority to make all final decisions on committee representation, subject to these guidelines.

C. Purpose and Jurisdiction. The citizens' oversight committee shall review expenditures of revenue collected pursuant to this chapter only to determine whether such funds are expended for the purposes specified in the then-current public safety measure police and fire expenditure plan, and issuing reports on their findings to the City Council and public at least annually. Committee members may also review the annual financial or performance audits performed by an independent auditor. The committee shall confine its oversight specifically to revenues generated under this chapter. Revenue generated through other sources shall be outside the jurisdiction of the public safety measure citizens' oversight committee.

In order to preserve the integrity and independence of the oversight process, committee members will not play a formal role in contracting, project management, or any other aspect of the public safety measure funding.

Ordinance No. CS 1061 Page 3
The committee is not charged with decision-making on spending priorities, schedules, project details, funding source decisions (e.g., leveraged funds, developer fees, etc.), financing plans, or tax rate assumptions. The committee shall serve in an advisory-only role to the City Manager. The committee shall have no jurisdiction other than that delegated to it by the people pursuant to this chapter.

The City Manager or designee shall provide any reasonable administrative or technical assistance required by the committee to fulfill its responsibilities or publicize its findings.

D. Meetings. The citizens' oversight committee shall meet semi-annually quarterly (or as otherwise provided for in approved or amended bylaws) with specific meeting dates to be determined by committee members. Citizens' oversight committee meetings are subject to the Brown Act. Meetings must be agendized and open to the public. Committee minutes and reports are a matter of public record, and must be posted on a web site provided by the City. Additional meetings may be scheduled by the committee as necessary. All committee members shall attend a training and orientation session prior to attending their first regular committee meeting.

Committee members are expected to attend all regular meetings. Failure to attend two consecutive meetings may result in removal from the committee at the discretion of the City Manager.

E. Committee Operations. The citizens' oversight committee will select members to serve as chair and vice chair of the committee. A City staff person will be appointed by the City Manager or designee to serve as secretary. The secretary will be responsible for preparing, posting and distributing agendas and taking minutes at each meeting. Approved minutes shall be made available to the public. Committee decisions, positions, findings, and procedures shall require a simple majority vote of those members in attendance. The quorum requirement for any meeting shall be a minimum of four three members.

F. Vacancies. Committee members may be removed from the committee only by the City Manager for repeated absence (see Section D of this section), for malfeasance, for failing to meet the qualifications set forth in this section or for inability or unwillingness to fulfill the duties of a member. In the event of removal, resignation, or death, the City Manager shall appoint a person to fill the vacant seat.

G. Miscellaneous. With the exception of those items specifically addressed in these guiding principles, the committee may draft and adopt its own standard procedures

Ordinance No. CS 1061 Page 4
and bylaws by majority vote. All citizens' oversight committee procedures and bylaws remain subject to review and approval by the City Council. Citizens' oversight committee reports and audits are subject to review and approval of 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: SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

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

SECTION 4: 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, or as otherwise published in accordance with California law. This Ordinance shall take effect and be enforced 30 days after its adoption.

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 1061 Page 5
APPROVED:
__________________________________

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

CITY COUNCIL
OF THE

CITY OF ATWATER
ORDINANCE NO. CS 1050

AN ORDINANCE OF THE PEOPLE OF THE CITY OF
ATWATER, CALIFORNIA, AMENDING CHAPTER 3.45
OF TITLE 3 OF THE ATWATER MUNICIPAL CODE TO
RENEW A ONE CENT (1¢) SPECIAL TRANSACTIONS

AND USE TAX (SALES TAX) TO FUND POLICE, FIRE
AND 911 EMERGENCY RESPONSES SERVICES, TO

BE ADMINISTERED BY THE CALIFORNIA

DEPARTMENT OF TAX AND FEE ADMINISTRATION
WHEREAS, pursuant to Chapter 3.45 of the Atwater Municipal Code, the City of Atwater ("City") currently imposes a one half cent (1/2¢) special Transactions and Use Tax ("Sales Tax") to fund the specific purposes of police, fire and 911 emergency response services; and
WHEREAS, the Sales Tax is scheduled to sunset by its terms on June 30, 2023, after which the Sales Tax may no longer be collected; and
WHEREAS, pursuant to California Revenue and Taxation Code section 7285.91 the City of Atwater ("City") is authorized to levy and extend a Transactions and Use (Sales) Tax for special purposes, subject to approval by a two-thirds vote of the electorate; and WHEREAS, the People of the City desire to renew the Transactions and Use (Sales) Tax for specific purposes by removing its sunset, updating the Ordinance's terms, at a rate of one cent (1¢) until it is repealed by voters, in order to fund the specific purposes of police, fire and 911 emergency response services; and WHEREAS, if approved by the City Council and Atwater voters, this Ordinance amends Chapter 3.45 of Title 3 of the Atwater Municipal Code as provided herein.

Ordinance No. CS 1050 Page2

NOW, THEREFORE, THE PEOPLE OF THE CITY OF ATWATER DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Title and Text. This Ordinance shall be known as the "2022 Atwater Police, Fire and 911 Emergency Response Transactions and Use Tax Ordinance" and hereby amends Chapter 3.45 of Title 3 of the Atwater Municipal Code as set forth in the full text in Attachment "1 ", attached hereto and incorporated herein by reference.

Section 2. Approval by the City Council. Pursuant to California Government Code section 53724 and Revenue and Taxation Code section 7285.91, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on July 25, 2022.

Section 3. Approval by the Voters/Amendment. Pursuant to California Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a two-thirds supermajority of the eligible voters of the City of Atwater voting at the General Municipal Election of November 8, 2022. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter. The City Council may amend or repeal this Ordinance and any of its exhibits, but may not increase or extend the rate of the special tax imposed herein without another vote of the People.

Section 4. Operative Date. "Operative Date" for the amended Transactions and Use Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above.

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

I hereby certify that the Ordinance was ADOPTED by the People of the City of Atwater on the 8
th day of November 2022.

Ordinance No. CS 1050
INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

ATTEST:

July 25, 2022
November 8, 2022
Ambriz, Button, Cale, Raymond, Creighton
None
None
L�CLERK
Chapter 3.45 - 2022 Atwater Public Safety Transactions and Use Tax Sections:

3.45.010 - Title.

3.45.020 - Purpose.

3.45.030 - Contract With State.

3.45.040 - Transactions Tax Rate.

3.45.050 - Place of Sale.

3.45.060 - Use Tax Rate.

3.45.070 - Adoption of Provisions of State Law.

Page3

3.45.080 - Limitations on Adoption of State Law and Collection of Use Taxes.

3.45.090 - Permit Not Required.

3.45.100 - Exemptions and Exclusions.

3.45.110 - Amendments.

3.45.120 - Enjoining Collection Forbidden.

3.45.130 - Use of Tax Proceeds and Expenditure Plan.

3.45.140 - Citizens' Oversight Committee.

3.45.150 - Fiscal Accountability Provisions.

3.45.160 - Duration of Tax.

Sections:

3.45.010 - Title.

Ordinance No. CS 1050 Paqe 4
This chapter shall be known as the 2022 Atwater Police, Fire and 911 Emergency Response Transactions and Use Tax Ordinance. The City of Atwater hereinafter shall be called "City." This chapter shall be applicable in the incorporated territory of the City.

3.45.020 - Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part

1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record-keeping upon persons subject to taxation under the provisions of this ordinance.

3.45.030 - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

Ordinance No. CS 1050 Page5

3.45.040 - Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1 %) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

Such tax shall be in addition to any other transactions taxes imposed by this Code or applicable State law.

3.45.050 - Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.45.060 - Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one percent (1 %) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.45.070 - Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.45.080 - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

Ordinance No. CS 1050 Pages
1 . The word "State" is used as a part of the title of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "city" shall be substituted for the word "state" in the phrase "retailer engaged in business in this state" in Section 6203 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203.

1. "A retailer engaged in business in the District" shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.45.090 - Permit not Required.

If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

3.45.100 - Exemptions and Exclusions.

Ordinance No. CS 1050 Page7
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

Ordinance No. CS 1050 Page 8
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

Ordinance No. CS 1050 Paqe9
D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.45.110 - Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided. however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

3.45.120 - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.45.130 - Use of Tax Proceeds and Expenditure Plan.

All proceeds of the tax levied and imposed hereunder shall be accounted for and paid into a special fund or account designated for use by the City only for the public safety services set forth in a Program Guidelines and Public Safety Expenditure Plan for the administration and expenditure of the tax proceeds. Such public safety expenditure plan may be amended from time to time by a majority vote of the City Council, so long as the funds are utilized for public safety, police, and fire protection services.

For the purposes of this part, "public safety services" means:

A. Obtaining, furnishing, operating, and/or maintaining police protection equipment or apparatus, paying the salaries and benefits of police protection personnel, and such other police protection service expenses as are deemed necessary by the City Council for the benefit of the residents of the City; B. Obtaining, furnishing, operating, and/or maintaining fire protection equipment or apparatus, paying the salaries and benefits of fire protection personnel, and such other fire protection service expenses, including capital expenses, as are deemed necessary by the City Council for the benefit of the residents of the City.

Ordinance No. CS 1050 Page 10
No revenues collected pursuant to the tax levied hereby may be spent on department administrators' salaries general fund operating expenses in effect at the time the ordinance codified herein becomes effective, or projects not a part of the public safety measure police and fire expenditure plan. It is the intent of the people that revenues collected hereunder shall supplement, rather than supplant, existing City expenditures for public safety.

3.45.140 - Citizens' Oversight Committee.

A. Committee Established. There is hereby established in the City a citizen's oversight committee to monitor the expenditures of revenue collected pursuant to this chapter only and report to the people and the City Council.

B. Selection of Members. Members of the citizens' oversight committee shall be appointed by the City Manager. The committee shall consist of five members.

The citizens' oversight committee members shall not be current City employees, officials, contractors or vendors of the City. Past employees, officials or vendors shall be eligible to serve on the committee, provided that there are no conflicts of interest as determined by the City Attorney.

As used herein, the term "official" is not synonymous with the term "public official" as defined in the California Political Reform Act. The term "official" shall not include members or appointees serving on existing boards or commissions of the City of Atwater, including, but not limited to, the Planning and Zoning Commission and the Parks and Recreation Commission. The term "official" shall mean any person who is not an employee, but performs the duties or functions of an employee of the City of Atwater for compensation under an outsourcing arrangement, including, but not limited to, the Fire Chief, the Finance Officer and any other positions which may be outsourced subsequent to the enactment of this Ordinance.

Members of the committee shall be appointed for terms of three years. No member may serve more than two consecutive three-year terms.

The City Manager shall solicit citizens' oversight committee members through an open application process that is promoted through the City's adopted recruiting process.

Any Atwater resident is eligible to apply for committee membership, subject to the appointment categories specified above. All applications will be reviewed by the City Manager, who will have the authority to make all final decisions on committee representation, subject to these guidelines.

C. Purpose and Jurisdiction. The citizens' oversight committee shall review expenditures of revenue collected pursuant to this chapter only to determine whether such funds are expended for the purposes specified in the then-current public safety measure police and fire expenditure plan, and issuing reports on their findings to the City Council and public at least annually. Committee members may also review the annual financial or performance audits performed by an independent auditor. The committee shall confine its oversight specifically

Ordinance No. CS 1050 Page 11
to revenues generated under this chapter. Revenue generated through other sources shall be outside the jurisdiction of the public safety measure citizens' oversight committee.

In order to preserve the integrity and independence of the oversight process, committee members will not play a formal role in contracting, project management, or any other aspect of the public safety measure funding.

The committee is not charged with decision-making on spending priorities, schedules, project details, funding source decisions (e.g., leveraged funds, developer fees, etc.), financing plans, or tax rate assumptions. The committee shall serve in an advisory-only role to the City Manager. The committee shall have no jurisdiction other than that delegated to it by the people pursuant to this chapter.

The City Manager or designee shall provide any reasonable administrative or technical assistance required by the committee to fulfill its responsibilities or publicize its findings.

D. Meetings. The citizens' oversight committee shall meet semi-annually (or as otherwise provided for in approved or amended bylaws) with specific meeting dates to be determined by committee members. Citizens' oversight committee meetings are subject to the Brown Act. Meetings must be agendized and open to the public. Committee minutes and reports are a matter of public record, and must be posted on a web site provided by the City. Additional meetings may be scheduled by the committee as necessary. All committee members shall attend a training and orientation session prior to attending their first regular committee meeting.

Committee members are expected to attend all regular meetings. Failure to attend two consecutive meetings may result in removal from the committee at the discretion of the City Manager.

E. Committee Operations. The citizens' oversight committee will select members to serve as chair and vice chair of the committee. A City staff person will be appointed by the City Manager or designee to serve as secretary. The secretary will be responsible for preparing, posting and distributing agendas and taking minutes at each meeting. Approved minutes shall be made available to the public. Committee decisions, positions, findings, and procedures shall require a simple majority vote of those members in attendance. The quorum requirement for any meeting shall be a minimum of four members.

F. Vacancies. Committee members may be removed from the committee only by the City Manager for repeated absence (see Section D of this section), for malfeasance, for failing to meet the qualifications set forth in this section or for inability or unwillingness to fulfill the duties of a member. In the event of removal, resignation, or death, the City Manager shall appoint a person to fill the vacant seat.

Ordinance No. CS 1050 Page 12
G. Miscellaneous. With the exception of those items specifically addressed in these guiding principles, the committee may draft and adopt its own standard procedures and bylaws by majority vote. All citizens' oversight committee procedures and bylaws remain subject to review and approval by the City Council. Citizens' oversight committee reports and audits are subject to review and approval of the City Council.

3.45.150 - Fiscal Accountability Provisions.

The amount generated by this special purpose revenue source and how it was used shall be included in the annual audit of the City's financial operations by an independent certified public accountant.

3.45.160 - Duration of Tax.

The authority to levy the tax imposed by this chapter shall continue until this ordinance is repealed."

Ordinance No. CS 1050 Page 13
"I, Lucy Armstrong, City Clerk of the City of Atwater and as such Ex-Officio Clerk of the City Council of the City of Atwater, hereby certify that the foregoing Ordinance is a true, correct, and complete copy of the original of such Ordinance, which is on file in my office.

City Clerk of the City of Atwater, and
Ex-Officio Clerk of the City Council of the
City of Atwater, State of California."

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

April 24, 2023
TO: Mayor and City Council
FROM:

PREPARED
BY:

SUBJECT: Awarding a General Construction Contract for the Palm Avenue Improvements Project (Community Development Director Thompson and Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Motion to award a General Construction Agreement, in a form approved by the City Attorney, to Redstone Construction Inc. of Atwater, California, for the Palm Avenue Improvements Project, City Project 22-06, in an amount not to exceed $111,600.00 and authorize construction contract change orders up to an aggregate amount of $11,160.00 (10%); and authorizes and directs the City Manager or her designee to execute all contract documents on behalf of the City; or
Motion to approve staff recommendations as presented.

I. BACKGROUND/ANALYSIS:

At their regular meeting on March 13, 2023, the City Council authorized a call for bids for Palm Avenue improvement. Improvements will be constructed along the east side of Palm Avenue from Bellevue Road and continue south along Palm Avenue approximately 285 feet to the first drain inlet.

The work consists of replacing the damaged sidewalk, approach, curb and gutter, and pavement to the centerline.

Bid proposals for this project were opened on Tuesday, April 04, 2023, at 2:00 P.M. and were totaled and reviewed for responsiveness. Six (6) bid proposals were received. The Bid Summary (Exhibit “A”) shows the bid amounts ranging from $111,600.00 to $194,945.00.

Staff has reviewed the bids and determined that the bid submitted by Redstone Construction Inc. of Atwater, California in the amount of $111,600.00 is a responsive and acceptable 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 $132,760. This total budget includes the construction contract amount of $111,600.00 for bid items with contractor, $11,160.00 for contingency, and $10,000 for construction staking, testing and special inspection.

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

Agenda Report - Page 2

II. FISCAL IMPACTS:

Sufficient funding for this project is budgeted in the Capital Improvement Plan FY 2022/23; ARPA Fund, Palm and Bellevue Improvements, Account No. 1010-1080- W002. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goals number one (1) and two (2) of the City's Strategic Plan: to ensure the City's continued financial stability and Improve Public Safety, respectively.

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 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:

Following City Council’s approval for the award of 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:

Greg Thompson, Community Development Director

Agenda Report - Page 3

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Exhibit A -Bid Summary

2. Exhibit B - General Construction Contract

CITY OF ATWATER

COMMUNITY DEVELOPMENT DEPARTMENT

ENGINEERING DIVISION

BID SUMMARY

PALM AVENUE IMPROVEMENTS PROJECT
Project No. 22-06; Bid Call No. 719-22
Bid Opening: April 04,2023; Engineer’s Estimate: $115,137 No. Contractor Bid Total
1 Redstone Construction Inc.

P.O Box 665
Atwater, CA 95301 $111,600.00
2 Seal Rite Paving & Grading
4237 W. Swift Ave.

Fresno, CA 93722 $125,391.00
3 Terra West Construction Inc.
1030 Gettysburg Avenue, Suite 107
Clovis, CA 93612 $125,506.00
4 Hensley’s Paving & General
Engineering Inc.

P.O Box 449
Hickman CA, 95323
$132,415.74
5 Consolidated Engineering Inc.

P.O Box 701
Valley Springs, CA 95252 $157,353.00
6 United Pavement Maintenance, Inc.
7017 Hughson Avenue
Hughson, CA 95326 $194,945.00

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 1 of 12

GENERAL CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and Redstone Construction (“Contractor”) as of April 24, 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. 22-06.

C. Special Provisions for PROJECT NO. 22-06;
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 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 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 2010 Caltrans Standard Specifications provides for Terminations. Section 2-1.12A of the 2010 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 NO. 22-06, entitled, “PALM AVENUE IMPROVMEENT PROJECT” for construction in

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 2 of 12 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
ITEM
NO. ITEM

UNIT OF

MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL
ITEM
PRICE
1 MOBILIZATION LS 1 $18,000.00 $18,000.00
2 TRAFFIC CONTROL LS 1 $15,020.00 $15,020.00
3 EROSION,

SEDIMENTATION, AND

POLLUTION CONTROL
LS 1 $6,468.00 $6,468.00
4 REMOVE EX. ASPHALT

PAVEMENT
SF 5,083 $3.00 $15,249.00
5 REMOVE EX. CONCRETE SF 1,826 $3.00 $5,478.00
6 SAW CUT LF 655 $3.00 $1,965.00
7 MINOR CONCRETE: 6”

VERTICAL CURB AND
GUTTER
LF 283 $8.00 $2,264.00
8 MINOR CONCRETE:

SIDEWALK AND

DRIVEWAYS
SF 1,608 $6.00 $9,648.00
9 MINOR CONCRETE: 6”

VERTICAL CURB
LF 30 $8.00 $240.00
10 DETECTABLE WARNING

SURFACE
SF 26 $60.00 $1,560.00
11 3” HOT MIX ASPHALT / 6”
CLASS 2 AGGREGATE
BASE
SF 5,034 $6.00 $30,204.00
12 ADJUST EX. SEWER

MANHOLE TO GRADE
EA 1 $2,500.00 $2,500.00

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 3 of 12 ITEM
NO. ITEM

UNIT OF

MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL
ITEM
PRICE
13 REPLACE EX.

CROSSWALK AND STOP
LEGEND
LS 1 $3,004.00 $3,004.00
TOTAL BASE BID: $111,600.00
Name of Bidder or Firm: Redstone Construction, Inc.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 4 of 12

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.

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, California 95301
If to Contractor: Redstone Construction, Inc.

P.O Box 665
Atwater, CA 95301
If to Surety: U.S Specialty Insurance Company

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

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 5 of 12 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 always remain in effect at least until final payment and 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 $1,000,000 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 $2,000,000.

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 regarding 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).

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.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 6 of 12 B. Minimum Limits of Insurance.

Contractor shall maintain limits no less than:

1. General Liability: $1,000,000
(Including operations,
products and completed
operations.)
per occurrence for bodily
injury, personal injury, and
property damage If
Commercial General Liability
insurance or other form with a
general aggregate limit shall
apply separately to this
project/location or the general
aggregate limit shall be twice
the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. 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.

D. 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 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.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 7 of 12

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 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.

E. 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.”
F. 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.

G. Subcontractors.

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

H. 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.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 8 of 12

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 necessary, keep and maintain at his sole cost and expense during 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

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 9 of 12 (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, 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. 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.

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.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and Redstone Construction, Inc. Page 10 of 12 (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 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.
(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