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Agenda packet

Atwater City Council
May 8, 2023

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Agenda packet
Meeting
May 8, 2023
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Atwater City Council
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450
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20.4 MB
Text extracted from the city's file for reading and search. Open the original on www.atwater.org. That file is the official record.

Professional Services Agreement between May 9, 2023
City of Atwater and De Novo Planning Group Page 16 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

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

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023

EXHIBIT A

SCOPE OF WORK

SCOPE OF WORK
This Scope of Work is divided into the following components:

1. Project Initiation and Final Work Plan

2. Community Participation Program

3. Existing Conditions Report, Travel Demand Model, and Market Study

4. Issues, Opportunities, and Land Use Alternatives

5. General Plan Update

6. Zoning Map and Municipal Code Updates

7. Environmental Impact Report

8. Meetings and Project Management

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
TASK 1 – PROJECT INITIATION AND FINAL WORK PLAN
Within one week of project commencement, the De Novo team will meet with City staff to discuss the following:
• Finalize project scope of work, budget, schedule, staff roles and responsibilities, if necessary;
• City preferences for point of contact, method of communication, meeting and workshop responsibilities, project updates, etc.;
• Discuss community outreach approach, including Visioning Workshops, identification of stakeholders, City Council participation, and format for community involvement; and • Collection of relevant background documents and data (adopted documents, reports, and studies, GIS data, etc.).

Following this meeting, our team will create a final work plan that lays out the project deliverables, schedule, and budget in greater detail, as directed by City staff.

TASK 2 – COMMUNITY OUTREACH AND PARTICIPATION
To engage the public in the General Plan Update process, the De Novo team proposes to conduct robust and meaningful public outreach, including two Visioning Workshops, three Community- wide open house workshops, five joint Planning Commission and City Council Workshops, four stakeholder focus group workshops, seven Technical Advisory Committee meetings, six Departmental Advisory Committee meetings, four adoption hearings, and extensive digital outreach.

At the outset of and concurrent with this process, we will conduct outreach to community organizations and stakeholders to encourage participation in the General Plan Update process. We will also meet with and interview key stakeholders, agencies, and organizations one-on-one to ensure that our perspective on the General Plan and resultant work effort accurately reflects a broad spectrum of the community.

De Novo’s proposed approach to public workshops
and meetings is described below. We have developed
our approach to provide a consistent venue for
community involvement, to ensure that City residents
and stakeholders feel that they have had adequate
opportunity to participate in the process.

We understand the demands that a General
Plan Update place on City staff and are prepared to fully support and assist staff through the entire process. We will prepare a staff report for each meeting that describes the process, key issues to be considered at the meeting, and any staff recommendations. Each staff report will be provided to City staff for review and De Novo will revise the report as directed.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
At each meeting, the De Novo team will be prepared to make a powerpoint presentation regarding the project and will be prepared to answer questions, make recommendations (if requested), and assist in developing solutions if controversial issues arise. Spanish translation will be provided at each community workshop (five total).

Over the past few years, our team has refined and enhanced our virtual workshop toolkit, resulting in an ability to achieve meaningful public participation using online platforms. We will also work closely with City staff to develop outreach materials that can be utilized by staff and key community volunteers and stakeholders to further enhance participation beyond the workshops and surveys described below.

Additionally, our team will develop a General Plan Update logo and consistent branding materials to be used on the project website, workshops, and all milestone documents and reports. Our team includes in-house bilingual Spanish speakers, who will attend and participate in public workshops and prepare Spanish language newsletters and meeting notices.

PUBLIC PAR TICIPATION PROGRAM
The first key task in our outreach program will be the development of a Public Participation Program for City review and input. This program will identify key milestones, approaches to public outreach throughout each stage of the project, and strategies for robust and effective multi-platform outreach. Our planned approach to the public participation program is outlined below.

JOINT PLANNING COMMISSION /CITY COUNCIL KICKOFF MEETING It is recommended that the first public meeting be held before the City Council and Planning Commission and will serve as an opportunity for City leadership to meet the consultant team. The meeting will serve as a “General Plan 101” with a brief overview of the General Plan process, including key steps, and opportunities for public involvement. This will also provide an opportunity for the PC and CC to provide input on key issues, challenges, and priorities for the General Plan Update to address.

VISIONING WORKSHOPS
At the outset of the General Plan process, two public Visioning Workshops will be held. The Visioning Workshops will introduce the community to the project and will focus on: 1) communicating the intent of the General Plan Update to the public and inviting public input, 2) identifying the overall vision and core values that will guide the General Plan Update, and 3) identifying the community priorities, land use and design preferences of City residents and stakeholders. The workshop content and feedback questions will be reproduced in digital format and placed on the project website. This will allow for extended opportunities for feedback and input. Workshop materials will be provided to City staff in order to facilitate additional staff-led outreach efforts in the community.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
TECHNICAL ADVISORY COMMITTEE – COLLABORATION PHASE
A series of Technical Advisory Committee (TAC) meetings will be held throughout the General Plan Update process to develop the General Plan goals, policies, land use alternatives, circulation modes, and discuss priority issues. These meetings will build on input from the Visioning Workshops and any City Council direction regarding issues and opportunities. At the outset, the meetings will be focused on identifying potential land use, growth management, infrastructure, circulation, and other considerations in order to develop the Land Use Map Alternatives. The following meetings will be focused on goal and policy discussions related to each of the elements/topics to be addressed in the General Plan Update.

This scope of work assumes seven TAC meetings would occur throughout the update process, however, we are happy to discuss the appropriate number of meetings with staff, and revise the work plan as needed.

DEPART MENTAL ADVISORY COMMITTEE
It is our understanding that the City will form a Department Advisory Committee (DAC) to provide technical input and review of administrative draft documents throughout the General Plan Update. Our team will facilitate DAC meetings at key phases throughout the process to discuss key issues, receive input and edits, and establish priorities for future deliverables. This scope of work assumes approximately six DAC meetings throughout the process, and assumes that most DAC meetings can be conducted virtually.

CITY COUNCIL AND PLANNING COMMISSION STATUS UPDATES
Throughout the process, De Novo will be available to attend City Council and Planning Commission meetings on a periodic basis to provide an update regarding the project status. It is anticipated that issues will arise during the preparation of the General Plan that will warrant Council and/or Planning Commission input prior to establishing land use alternatives, identifying key issues and strategies, and completing the draft goals and policies. In these situations, De Novo recommends that a report be made to the Council and/or Planning Commission updating them on the status of the General Plan preparation, and requesting direction on any key issues identified by the project team. Our budget and schedule anticipate four status update/check-in meetings with the Council during the General Plan Update process, in addition to public hearings identified below.

STAKEHOLDER INTERVIEWS AND FOCUS GROUP MEETINGS
The De Novo team will consult and meet with stakeholders and agencies throughout the General Plan process. We will refine the list of stakeholders and agencies following the project kick-off meeting with staff. We anticipate that we will request input from many local and regional agencies/organizations. We will also conduct at least four focus group meetings with groups identified through collaboration with the City, including but not limited to HOAs and residential associations, business associations, school districts, public utility providers, and other groups and organizations as deemed appropriate.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal

COMMUNITY WORKSHOPS AND OPEN HOUSE
We propose to conduct additional community-wide workshops (three) following our initial outreach efforts.

We recommend conducting a workshop focused on key opportunity areas within the City that may be subject to notable land use changes as well as areas for future growth within the SOI and possibly beyond prior to preparation of the Land Use Alternatives Report. A second workshop is proposed following completion of the Land Use Alternatives Report in order to receive community feedback needed to establish the preferred Land Use Map. We also suggest conducting a community-wide open house once the Draft General Plan is complete and ready for public review. Workshop materials will be provided to City staff in order to facilitate additional staff-led outreach efforts in the community.

COMMUNITY SURVEYS AND POLLS
Community surveys and polls will be made available on the project website to allow the public an opportunity to participate in the process. De Novo anticipates a general survey to ascertain the community’s general concerns and interests, an interactive mapping and design preference survey specific to land use and growth issues, and a survey related to key policy issues and topics to be addressed in the General Plan. De Novo will provide the City with a link to place on the website and post on social media platforms that will take the visitor directly to interactive surveys that can be completed on-line. De Novo will prepare and maintain the surveys and will tabulate the results.

NEWSLETTERS
The De Novo team will prepare regular newsletters that identify the status of the General Plan Update process, provide information regarding upcoming meetings, describe key issues that have been resolved and/or are being raised for discussion, and provide information on how to participate in the process. Each newsletter will be posted on the General Plan Update website and will also be provided to the City in a format suitable for high-quality reproduction. Newsletters will be produced in both English and Spanish.

GENERAL PLAN WEBSITE
The De Novo team will create and host a General Plan Update website throughout the General Plan Update process. The website will provide regular updates regarding the status of the General Plan, identify the schedule of upcoming meetings, provide agendas for meetings, and serve as a library of General Plan documents, including staff reports, meeting agendas, technical reports, and public review drafts. De Novo will place all public documents (public drafts of studies, technical reports, land use maps, meeting materials, General Plan, Draft EIR, and Final EIR) on the website in .pdf format and all documents will be provided to the City in a format appropriate for publication on the City’s website. The website will also provide a forum to receive comments on the General Plan Update process, and will host a variety of polls and surveys in order to foster increased public participation in the process.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
Our firm owns the domain name: generalplan.org. As such, we would propose to utilize:

Atwater.generalplan.org for this project. The City is encouraged to view some of our other general plan websites, including:

Glenncounty.generalplan.org Milpitas.generalplan.org
SanMarcos.generalplan.org

PUBLIC HEARINGS
The Draft General Plan and Draft EIR will be presented to the Planning Commission and City Council during the public review period to provide the community an opportunity to comment on the documents.

Following completion of the Final EIR and revised Draft General Plan, these documents will be brought to the Planning Commission for a recommendation and to the Council for consideration of adoption. Our scope assumes attendance at up to four public hearings for adoption of the General Plan and certification of the EIR.

TASK 3 – EXISTING CONDITIONS REPORT
To prepare a meaningful General Plan, existing conditions must be understood and documented. The Existing Conditions Report will identify development patterns, natural resources, socioeconomic conditions, and environmental constraints in the City and will identify the regulatory environment for each topic. This report will be a resource for the Council, Planning Commission, City staff, and the De Novo team for the General Plan Update and Environmental Impact Report. The Existing Conditions Report will make extensive use of maps, graphics, and user-friendly non-technical terms to help make it accessible to the general public.

The Existing Conditions Report will provide background data and serve as a technical framework, while the General Plan will focus on goals, policies, and implementation. The information collected for the Existing Conditions Report will also be used as the basis for the “existing setting” sections of the General Plan EIR.

Relevant background data, including land use, transportation, infrastructure, utility, agriculture, wildfire, safety, flooding, open space and conservation plans, will be collected and reviewed.

The following topic areas will be addressed in the Existing Conditions Report:

LAND USE AND SOCIOECONOMICS
This chapter will address land use and demographics, including issues related to land use patterns, community character, and economic development. The information in this chapter will provide both a historical and current perspective on land use and is intended to assist the General Plan update process by providing both historical context and a baseline of existing land use information to be used when formulating and considering amendments to the City’s current land use pattern or when considering alternate growth and land use scenarios for the City.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal

ECONOMIC, REAL ESTATE MA RKET, AND FISCAL CONDITIONS AND TRENDS BAE will prepare an Economic, Demographic, and Fiscal Conditions and Trends section for the Existing Conditions Background Report. This overview of the City of Atwater and Merced County economic context will include data and analysis regarding the demographic characteristics of the Atwater population and the structure of the Merced County economy, and non-residential real estate market conditions. It will also examine recent growth trends, including an analysis of recently developed non-residential developments, and anticipated growth within the City during the General Plan time horizon. BAE will also conduct a qualitative assessment of the economic multiplier effect of certain development activities on the broader City economy.

Fiscal background information will include an overview of the City’s current municipal budget structure, including key sources and uses of funds and trends in revenues and costs over time. Data sources will include the American Community Survey, CoStar, STR, California Employment Development Department, California Department of Tax and Fee Administration, Esri, City Budget documents and other sources as appropriate to develop a sound understanding of local economic and demographic conditions. To provide context for the City’s demographic and economic characteristics, BAE will provide comparison data for Merced County as a whole, for key data variables. The Economic and Demographic Conditions and Trends analysis will serve as a reference for the update of the Local Economy Element as well as other General Plan elements that must consider issues such as the anticipated rate of growth, key factors driving demand for development in various land use categories, and Atwater’s position within the regional market area.

CIRCULATION AND TRAVEL DEMAND MODEL
Fehr and Peers will prepare a chapter of the Existing Conditions Report related to transportation and circulation.

This task consists of the following two primary efforts:
• Update the MCAG travel demand model (to be released in June 2023) to reflect Existing Year 2023 traffic data and create a City of Atwater travel demand model. It is important to have a well-validated base year model, which can then be used to develop an accurate set of future year traffic forecasts.
• Update the City of Atwater future year model from the 2023 Horizon to a 2042/2045 Horizon.

The selection of a 2042/2045 horizon is appropriate for several reasons. First, it establishes consistency with MCAG’s RTP/SCS horizon year of 2042. Second, it represents a market based forecast of at least 20 years beyond existing conditions, which is typical for a General Plan.

Fehr & Peers will use available data from on-going or recently completed transportation studies within the City of Atwater. One key source of data, for consistency purposes, will be the ongoing Bellevue Road project that Fehr & Peers is currently working on.

We will supplement available information with new Average Daily Traffic volume counts for up to 20 total roadway segments focused on the following corridors in the City of Atwater. Count locations will be confirmed with City staff prior to data collection.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
These facilities were selected because they represent the major circulation system for vehicles, transit, pedestrians and bicyclists. It is noted that the final list of count locations should balance the locations of existing and planned growth, reflect constraints in the roadway system such as bridges over canals, while not including so many locations that the model enters an over-fit condition.

All roadway segments will be analyzed using procedures described in the Highway Capacity Manual (Transportation Research Board, 6th Edition - 2016). Fehr & Peers will determine the Average Daily Traffic Volumes thresholds for 2-lane, 4-lane and 6-lane facilities and apply these thresholds to analyze the current operating conditions of the City of Atwater’s transportation system. In addition to the roadway segments, Fehr & Peers will collect data at and analyze up to 10 intersections in the City. Fehr & Peers will collect traffic count data for the weekday AM peak period and weekday PM peak period (twohour peak periods) and analyze intersection operations in the Synchro traffic analysis software package.

Fehr & Peers will provide City staff with visual/simulation exhibits that convey to the public and decisionmakers the general level of delay associated with varying degrees of congestion.

COMMUNITY SERVICES AND FACILITIES
The Community Services and Facilities Chapter of the Existing Conditions Report will describe the existing conditions and regulatory context regarding community services, including water, wastewater, education, public safety services, and parks and recreational resources within the City. These facilities and services provide a framework that supports growth and development in the City. This chapter will describe existing service levels, available resources, and planned expansion of services and infrastructure. This chapter will identify any known issues or constraints associated with the provision of services.

UTILITY SERVICES
West Yost will prepare a brief, qualitative evaluation of the existing water supply, water distribution, sewer, and wastewater treatment plant facilities. This evaluation will be based on information provided in existing infrastructure master plans and other available studies supplemented with discussions with City staff to identify changes/additions since completion of the plans.

This task will also include preparation of schematic figures of existing facilities (water and sewer systems) based on CAD/GIS mapping of these facilities to be provided to West Yost by the City and De Novo.

This task includes one virtual meeting with City staff to learn about the existing utilities infrastructure.

West Yost will review the master plans, models, and other relevant technical reports and documents. We will identify significant utility opportunities and challenges related to providing utility services to the potential future growth areas.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal

HAZA RDS, SAFETY , AND NOISE
The Hazards, Safety, and Noise Chapter will discuss existing conditions and federal, state and local regulations related to natural and man-made hazards and public safety issues, including noise.

NOISE
Saxelby Acoustics will provide the background information for the Noise section, which will include descriptions of the characteristics of sound and noise and a description of transportation, stationary, and construction noise sources within the planning area. We will quantify the existing ambient noise environment within the general plan area through continuous and short-term noise level measurements and through application of accepted noise prediction methodologies.

FIRE HA ZA RD S
Pursuant to SB 1241, the Safety Element must be reviewed and updated to address the risk of fire for land classified as state responsibility areas (SRA), as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones (VHFHSV), as defined in Government Code Section 51177. Our review will consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” and shall also include recommended best practices for fire hazard planning.

CL IMA TE AD A P TA TION A N D RE SIL IE N CY
Pursuant to SB 379 and SB 1035, the Safety Element must be reviewed and updated, as necessary, to address climate adaption and resiliency strategies applicable to the City. The review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
• A vulnerability assessment that identifies the risks that climate change poses to the City and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed regarding flood hazards and risk of fire.
• Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies.

CONSERVATION
The Conservation Chapter of the Existing Conditions Report will discuss conservation issues related to cultural and historic preservation, air quality, GHG emissions, biological resources, geologic resources, and hydrology/water quality for the City. This chapter will also discuss open space as it relates to the preservation of natural resources as part of the biological resources discussion, open space associated with managed production of surface water and groundwater resources as part of the hydrology discussion, and open space associated with public health

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
related to geologic and hydrologic hazards as part of the geologic resources and hydrology discussions, respectively. Federal, state, and local regulations that pertain to each of these topics will also be described.

A historical resources records check will be run for the City, through the files of the Central California Information Center of the California Historical Resources Information System. This will provide information on numbers and types of recorded resources in the City.

A check of the Sacred Lands files will be conducted for the City to identify any resources listed with the Native American Heritage Commission. The list provided of groups with concerns in the City will also be used for SB 18 and AB 52 consultation.

ENVIRONMENTAL JUSTICE
Per SB 1000, when a City revises two or more General Plan elements concurrently and has areas defined as “Disadvantaged Communities” (DACs), the City must address environmental justice (EJ) in their General Plan. The California Communities Environmental Health Screening Tool (“CalEnviroScreen”) version 4.0, developed by the California Environmental Protection Agency (CalEPA), is the recommended method to identify DACs. CalEPA defines a DAC as a “low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.”
CalEnviroScreen assigns composite scores to census tracts in California based on aggregate data from 21 indicators including potential exposures to pollutants, adverse environmental conditions, socioeconomic factors, and the prevalence of certain health conditions. Census tracts with a composite CalEnviroScreen score of 75 or higher are considered DACs.

The De Novo team will prepare an Administrative Draft Existing Conditions Report for review by City staff.

Following staff review, the De Novo team will incorporate comments and prepare the final Existing Conditions Report for use during the General Plan Update and EIR processes.

TASK 4- ISSUES, OPPORTUNITIES, AND LAND USE ALTERNATIVES OPPORTUNITIES

AND CONSTRAINTS REPORT
A critical step in preparing the draft General Plan is to hear from the community and General Plan Advisory Committee to: 1) develop a vision, 2) articulate core values for the community, 3) identify key issues/opportunities to be addressed by the General Plan Update, and 4) identify land use options. De Novo will incorporate the vision statement and core values into an Opportunities and Constraints Report that will be used for the life of the General Plan Update to communicate the intent of the update, opportunities and issues to be addressed by the update, potential land use and growth constraints, and community preferences. This document will provide the City Council and City staff with a resource tool that will facilitate the development of policies and guide the direction of the General Plan Update.

The Opportunities and Constraints Report provides a means of focusing the community’s attention on key issues and opportunities that have major policy implications as Atwater considers how it wants to grow in the next 20 years, while balancing the City’s economic

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
development, housing, quality of life, and natural resource needs. Environmental and other constraints to be considered in the General Plan Update process will be identified and depicted on maps and figures. The Opportunities and Constraints Report will summarize and proactively utilize information derived from the community visioning workshops, stakeholder interviews, Existing Conditions Report, City staff observations, and input provided by the General Plan Advisory Committee, Planning Commission, and City Council.

LAND USE ALTERNATIVES REPORT
This report will provide a summary of community, staff, and City Council/Planning Commission input related to land use changes and up to three land use map alternatives. Each alternative will be analyzed to determine potential growth effects and the alternative’s consistency with the community’s vision. This document will serve as the primary tool to aid the City in determining the appropriate future mix and intensity of land uses for the General Plan Update. The report will focus on locations located both inside and outside of the City, including key opportunity areas, corridors, and potential growth areas within the SOI and beyond.

LA N D USE VISION
In order to inform the development and consideration of the land use alternatives, De Novo will prepare figures that conceptualize the community’s general land use preferences based on the community’s input regarding general land use characteristics, areas for growth, open space, recreation, housing, and circulation improvements.

OVE RVIE W OF LA N D USE AL TE RN A TIVE S
Following the background information regarding community input and City leadership input, three land use alternative maps will be developed. One land use alternative will be the No Project (Existing General Plan) Alternative. The land use alternative maps will depict general plan land use designations by residential density and intensity, non-residential land uses, land use concepts for the Planning Area, new and expanded roads, parks, open spaces, resource protection areas, and similar uses. If new land use designations are recommended at this point, they may be reflected on one or more of the alternatives. Key characteristics of each alternative will be described in this section.

The growth potential for each alternative will be projected for 20-year and build-out conditions, taking into account past development patterns and growth rates, land use capacity, and jobs-housing balance. Projections will be presented as a statistical summary listing dwellings by density, estimated residential population, amount of non-residential use by category (commercial, industrial, office), and estimated numbers of jobs, new schools, parks, community facilities, and similar information.

EVA L U A TION OF LA N D USE AL TE RN A TIVE S
The land use alternatives will be evaluated with respect to each alternative’s consistency with the vision expressed by the community and other specific factors and constraints, including:

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
Land Use: An overview and comparison of each land use alternative will be provided that demonstrates key differences between each alternative in respect to residential, commercial/industrial, open space, parks, community facilities, and other land uses. Potential land use conflicts, including residential development intensity and commercial- industrial/urban interfaces, will be identified.

Circulation: Fehr & Peers will use the travel model to test the effects of three (3) future land use alternatives. For each package, we will update the model accordingly, run it, and then interpret the results at a program-level (i.e., daily traffic volume screening, focused Average Daily Traffic roadway analysis, GIS based exhibits of the results etc.). VMT metrics will also be developed, which may help inform the proposed Air Quality Element, Environmental Justice Element, and Sustainability Element.

It is anticipated that the following considerations will play a key role in helping to guide the selection of preferred land use and roadway packages that will shape the Circulation Element:

1. Cost of future roadways relative to anticipated funds from impact fee program and other sources.

2. Level of service considerations (i.e., what roads are needed to support LOS C, D, E, or an equivalent operating metric?) including consideration of exempted areas/corridors and/or graduated policies.

3. Increase/decrease of land use absorption to reduce impact fee project list or provide more development to help fund the Capital Improvement Project (CIP) list.

4. Alternative means for accommodating travel needs including roundabouts, signal coordination, transit, and bicycle travel.

We will analyze forty (40) roadway segments for the three (3) future land use /roadway network alternatives. In addition, operations at up to ten (10) intersections will also be analyzed.

Public Services and Infrastructure: A comparative discussion of the need for expanded water, wastewater, drainage, and public services (police, fire, schools, etc.) will be provided for each of the land use alternatives, with an emphasis on identifying particular constraints related to service areas or extension of services to currently unserved areas. West Yost will prepare preliminary, comparison-level utility plans for each infrastructure system for three General Plan land use alternatives that will be defined during the General Plan development. Planning-level infrastructure evaluations and major infrastructure cost estimates will be prepared for each of the alternatives, suitable for comparing the land use alternatives.

Safety and Environmental Constraints: The alternatives will be comparatively evaluated for potential adverse effects associated with safety issues (flooding, unstable soils, hazardous materials, etc.) and environmental constraints (sensitive biological habitats, aesthetics, mineral/energy resources, stormwater runoff and water quality, noise, air quality, greenhouse gas emissions).

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
Fiscal Impact Analysis of Land Use Alternatives: BAE will prepare a fiscal impact analysis to project the impact of various General Plan Land Use Alternatives on the City’s General Fund costs and revenues. De Novo will provide BAE with a summary of net new development, by land use category, through General Plan buildout for the various Land Use Alternatives. This includes new residential units by type and new non-residential square footage by category, including accompanying maps. BAE will use the land use information, combined with analysis of the City Budget and additional research regarding anticipated property valuation and potential sales tax generation, departmental requirements for expanding City services, and other General Fund cost and revenues drivers to prepare a fiscal impact model. BAE will create the fiscal impact model as a series of linked MS Excel worksheets that will use the Land Use Alternatives buildout data to drive projections of individual General Fund revenue sources and individual General Fund departmental costs. The projection methodology will incorporate a combination of marginal (i.e., case study) cost and revenue projection techniques as well as average cost and revenue projections techniques to project the increased General Fund costs and revenues that the City could expect based on the buildout of the various Land Use Alternatives. BAE will develop the fiscal model in consultation with key City staff, including City Manager and/or Finance Director, Police Chief, and Community Development Director.

TASK 5 –GENERAL PLAN UPDATE
The De Novo team is committed to providing the City a General Plan of the highest quality and will actively engage the community to develop a vision for the General Plan, prepare a policy document that reflects the desires of the City, and update the Land Use Map to be consistent with the City’s vision for the future. The General Plan will reflect requirements of the California Government Code that have been introduced since preparation of the adopted General Plan, including changes promulgated by SB 5, SB 18, AB 32, SB 32, AB 162, SB 7, AB 1358, and SB 375, and will also address recent best practices.

In order to streamline the process, we propose to maintain the Existing Conditions Report as a separate document that identifies background conditions. The General Plan document will have a minimum amount of background text, which will allow it to have a streamlined goal and policy structure. Where applicable, goals, policies, and actions will be cross-referenced between sections to reduce overlap and redundancy. The intent of this approach is to provide a General Plan that is easy to use and is not quickly dated. The General Plan will be a concise, technically accurate, and user-friendly document that reflects the values and priorities of the City of Atwater. The General Plan will include a liberal use of graphics and visual depictions of information, including photographs, tables, matrices, drawings, maps, and other graphics to ensure that the document is easy to understand.

This effort will begin via a robust review of the City’s existing General Plan, and discussions and consultations with City staff regarding what is working, and should be retained, as well as areas that should be revised, augmented, or expanded.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal

ADM INIS TRA TIVE DRA FT GENERA L PLA N
The General Plan Update will address changes to state law, assess the condition of the City, and provide changes or adjustments necessary to realize the current vision of residents and stakeholders for the City.

De Novo will actively engage residents and stakeholders to provide input regarding the topics addressed in the General Plan.

The existing General Plan will be thoroughly reviewed to determine components that should be carried forward and to identify areas where new goals and policies are needed to address the community’s desires as well as changes to state law since the previous update.

In preparing the General Plan Update, the De Novo team will prepare each element to ensure that all goals, policies, and actions:
• Address requirements of state law;
• Avoid or mitigate potential environmental impacts, or are balanced by social, economic, legal, or other relevant considerations;
• Are grounded in recent and sound community planning and resource conservation trends; and
• Are internally consistent.

STA ND- ALONE ELEM ENTS
It is assumed that the General Plan would include the following stand-alone elements:

1. Land Use

2. Circulation

3. Housing

4. Conservation

5. Open Space

6. Noise

7. Safety

8. Environmental Justice

9. Parks and Recreation

10. Economic Development

11. Sustainability

12. Growth Management

13. Administration and Implementation

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
We will also address other key community priorities, such public services and infrastructure, throughout these elements through the inclusion of focused goals, policies, and implementing actions.

We will work collaboratively with City staff to determine whether or not certain topics should be combined, embedded within other elements, or be prepared as stand-alone elements.

ANALYSIS OF PREFERRED LAND USE PLAN

CIRCULATION AND VMT
The development of the Circulation Element for this update will require an evaluation of the inherent tradeoffs between the community values expressed in existing policies, financial constraints, and the long-term vision for the City. Development of the Circulation Element will also consider ongoing transportation investments in the study area including the Atwater- Merced Expressway project, expansion of Altamont Corridor Rail service, and the Bellevue Road realignment project with enhanced connections to SR 99. The following considerations will be analyzed for the preferred land use map:

1. Cost of future roadways relative to anticipated funds from impact fee program and other sources.

2. Level of service considerations (i.e., what roads are needed to support LOS C, D, E, or an equivalent operating metric?) including consideration of exempted areas/corridors and/or graduated policies.

3. Increase/decrease of land use absorption to reduce impact fee project list or provide more development to help fund the Capital Improvement Project (CIP) list.

4. Alternative means for accommodating travel needs including roundabouts, signal coordination, transit, and bicycle travel.

FISCAL ANALYSIS OF PREFERRED LAND USE MAP
Based on the Preferred Land Use Map, BAE will conduct a fiscal impact analysis using the fiscal impact model developed for this project. This fiscal analysis will estimate the General Fund revenues and expenditures driven by the growth envisioned in the Preferred Land Use Map.

In addition to projecting the net General Fund impact from buildout of the Preferred Land Use Map under a set of baseline assumptions, BAE will also prepare analysis of up to three alternate scenarios that alter key assumptions regarding a key cost or revenue assumptions, to test the sensitivity of the project fiscal results.

UTILITY SYSTEMS
West Yost will prepare preliminary, comparison-level utility plans for each infrastructure system for the preferred land use plan that will be defined during the General Plan development. Planning-level infrastructure evaluations and major infrastructure cost estimates will be

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
prepared for the preferred land use plan to be used by De Novo in the preparation of the Environmental Impact Report (EIR).

HOUSING ELEMENT
De Novo will prepare the City’s Housing Element on its own track, pursuant to CGC Section 65302(c). The Housing Element will consist of identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The Housing Element shall identify adequate sites for housing (including rental housing), factory-built housing, mobile homes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The California Department of Housing and Community Development establish deadlines for jurisdictions to complete updates to the Housing Element. For the City of Atwater, the tentative deadline is June 30, 2024. As a result, the Housing Element (and associated environmental review) may need to advance ahead of the comprehensive General Plan to be adopted by this deadline and comply with State law.

ADMINISTRATION AND IMPLEMENTATION
General Plan implementation is necessary to achieve the vision laid out by the General Plan. The implementation section will provide feasible, practical implementation methods that ensure the General Plan does not “sit on the shelf” but instead achieves the goals it sets out. This section will help ground the General Plan in reality and assist in ensuring that is produces real results. The implementation program will identify how each implementation measure will be implemented, including the City department responsible for implementation, the funding source(s), and timing of implementation. The De Novo team will work closely with City staff to prepare this section.

The De Novo Team will provide City staff with an Administrative Draft General Plan for review. We anticipate meeting with City staff to review comments and reach agreement on how to address potentially conflicting comments. We will incorporate the City’s comments on the Administrative Draft General Plan Update to create a Public Draft General Plan.

PUBLIC REVIEW DRA FT GENERA L PLA N
Following the City’s comments on the Screencheck Draft General Plan, De Novo will prepare the Draft General Plan for public review/comment and use during the City’s review and approval process. The Public Review Draft General Plan will be prepared in printed and electronic form. The Public Review Draft General Plan will be provided to the City for distribution to the public and appropriate agencies and posting on the City’s website. De Novo will be available to present the Draft General Plan and Draft Environmental Impact Report in a public workshop and/or Planning Commission and City Council meetings to provide the decision-makers and community with information regarding the intent and structure of the draft documents and to receive comments on the draft documents.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal

FINA L GENERA L PLA N
We anticipate that a series of public hearings will be held by the Planning Commission and City Council to consider adoption of the General Plan. As changes are requested by these decision- marking bodies, we will prepare modified General Plan text that will be provided as attachments to the staff report for consideration.

De Novo will prepare a draft staff report and appropriate attachments prior to each hearing. De Novo will be available to present the General Plan and Final Environmental Impact Report at Planning Commission and City Council public hearings.

Based on Council’s direction at the adoption of the General Plan, De Novo will edit the General Plan to be consistent with any revisions approved by the Council and will prepare the final version of the General Plan.

TASK 6- ZONING CODE UPDATE
One of the key components of a successful Zoning Code update for the City will be to ensure that the Zoning Code is consistent with and furthers the implementation of the General Plan update. The General Plan update will include action items that require changes or additions to the Zoning Code. Additionally, the General Plan Land Use Map may include new and redefined land use designations, which may require changes and updates to the City’s existing zoning designations and allowed uses. We will apply our extensive and detailed knowledge of the City developed during the General Plan update to this project, and ensure that the City receives a Zoning Code that furthers the goals and vision developed for the General Plan.

The Zoning Code update will focus on changes to the existing Code identified by staff, input provided by the TAC and DAC, changes in applicable State law since the last Code was prepared, and identification of changes required to ensure the Code is consistent with the General Plan update. The resulting product will be a Zoning Code that is well organized and provides clear and understandable guidance to City residents, staff, and elected officials.

Our work effort for this project will include a comprehensive update to the City’s Zoning Map. The Zoning Map update will ensure that parcels have consistent designations for both Land Use and Zoning, and that the Zoning Map reflects the land use goals and priorities identified in the General Plan. The City will be provided with all updated GIS files at the end of this process, which will allow City staff to continue to utilize this data well after our work efforts have been completed.

It is anticipated that the work program for the Zoning Code Update will be further refined once the Draft General Plan is completed. The content and policy direction contained in the General Plan Update will significantly influence the scope and content of the Zoning Code Update.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
TASK 7- ENVIRONMENTAL IMPACT REPORT
The work program described below would result in the preparation of a Master EIR that addresses adoption and implementation of the General Plan. The Program-EIR would serve as a “tiering document” to facilitate streamlined environmental review of all subsequent development and infrastructure projects undertaken in the City, which are consistent with the General Plan.

EIR KICK-OFF AND NOTICE OF PREPARATION/INITIAL STUDY
De Novo will prepare the Notice of Preparation (NOP) and associated initial study in accordance with the requirements of CEQA in order to define the scope of the environmental analysis. An administrative draft of the NOP and initial study will be prepared for City review. Upon review by City staff of the NOP and initial study, De Novo will prepare the final NOP and initial study for public distribution. De Novo will submit copies to the State Clearinghouse on behalf of the City.

The project will require a public scoping meeting, and De Novo will prepare presentation materials and facilitate the meeting. The scoping meeting will include an overview of the General Plan Update project and the environmental review process, as well as identification of environmental issues that will be addressed in the EIR. After completion of the scoping meeting, De Novo will provide a summary of environmental issues raised.

DRAFT ENVIRONMENTAL IMPACT REPORT
The Draft EIR will be a Master EIR prepared consistent with the requirements of CEQA, the CEQA Guidelines, and relevant case law. The Draft EIR will be a readable, useful document that can be used to streamline review of future planning, infrastructure, and development projects that are consistent with the General Plan. The Draft EIR will consist of the chapters described below.

EXECUTIVE SUMMARY
This section will summarize the characteristics of the General Plan Update, describe areas of controversy, and provide a concise summary matrix of the project’s environmental impacts and associated mitigation measures as required under State CEQA Guidelines Section 15123. The matrix will also identify proposed General Plan Update policies and actions that provide mitigation of identified environmental impacts.

Alternatives to the proposed project will be summarized and the environmentally superior alternative will be identified.

CHAPTER 1: INTRODUCTION
This Section of the Draft EIR would provide an introduction and overview describing the intended use of the EIR and the review and certification process. This section will describe the purpose of the EIR, identify CEQA Guidelines and Public Resource Code requirements for a Program EIR, and describe how the Program EIR can be used to streamline environmental review of subsequent projects.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
CHAPTER 2: PROJECT DESCRIPTION
This Section of the Draft EIR will be consistent with the requirements of State CEQA Guidelines Section 15124 and will be based on the Project Description, described above.

CHAPTER 3: ENVIRONMENTAL SETTING, IMPACTS A ND MITIGATION MEASURES This chapter will provide the baseline setting, general assumptions, and environmental analysis used in determining the environmental effects of the General Plan Update. This chapter will include an introductory section providing details on the “baseline conditions” assumptions for the analysis, land use forecasts for residential and non-residential uses, level of detail of programmatic analysis, consideration of key components of the General Plan Update (e.g., location of future growth, continued highest and best use of resources, conservation of natural resources, circulation system modifications, risks associated with seismic and wildfire hazards), and definition of the cumulative setting (e.g., geographic extent) and impact analysis. This section will also describe how direct and indirect environmental impacts are addressed associated with implementation of the General Plan Update and the multiple actions that may occur associated with its implementation (e.g., adoption of infrastructure master plans, update of CIPs, revisions to the Zoning Code, annexation requests, public service improvements).

Population, housing units, and non-residential uses, including employment, will be projected for the City under buildout conditions. The Draft EIR will analyze impacts associated with buildout conditions. This section will describe the basis of and approach to the impact analysis in the Draft EIR.

The EIR will evaluate each of the following environmental issues in detail:
• Aesthetics and Visual Resources • Land Use and Planning • Agricultural and Forest Resources • Mineral and Energy Resources • Air Quality • Noise
• Biological Resources • Population, Housing, and Employment • Cultural and Tribal Resources • Public Services
• Geology, Soils, and Seismicity • Recreation, Parks, and Open Space • Greenhouse Gas Emissions • Transportation and Circulation • Hazards and Hazardous Materials • Utilities and Service Systems • Hydrology and Water Quality • Wildfire
For each issue area, the following key components will be discussed in detail:

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Existing Setting – This component will describe the existing affected environment as it pertains to each issue area. This section will be based on the information provided in the Existing Conditions Report.

Regulatory Framework – This component will review federal, state, and local regulations and/or plans that apply to the specific issue area being discussed.

Impacts and Mitigation Measures – Adverse environmental impacts resulting from implementation of the General Plan Update will be identified, analyzed, and a determination will be made as to the significance of the impact. Any feasible mitigation measures and/or proposed General Plan policies that would reduce or eliminate potentially significant impacts will be identified. De Novo will work closely with City staff on crafting mitigation measure language and timing that is appropriate for inclusion in the General Plan Update and is suitable for use in the typical development review process.

CHAPTER 4 CUMUL ATIVE IMPA CTS
De Novo will assess the impacts of General Plan implementation in combination with other known, approved or reasonably foreseeable development activity in the region. This analysis will be performed consistent with State CEQA Guidelines and be based on a list of known projects in the region as well as development forecasts contained in the City, as well as consideration of General Plan updates in the region. A table summarizing projected regional growth will be provided. A clear cumulative setting for each environmental topic will be described in the Draft EIR.

CHAPTER 5 OTHER CEQA REQUIREMENTS
The chapter will address other topics required by CEQA including significant irreversible environmental effects, a summary of significant and unavoidable impacts of the project, identification of environmental areas that would have no or less than significant impact, and an evaluation of the project related to each of the mandatory findings of significance identified at Section 15065 of the CEQA Guidelines.

CHAPTER 6 ALTERNATIVES ANALYSIS
De Novo will coordinate with City staff in the development of up to three alternatives to the proposed project, including the CEQA-required No Project Alternative. The alternatives analysis in the Draft EIR will focus on alternatives that avoid or minimize environmental effects as compared to the proposed General Plan Update. These alternatives will be described qualitatively and quantitatively, and contrasted with the proposed project in terms of the extent that the alternatives can achieve project objectives or reduce adverse impacts. It is anticipated that the alternatives analysis will be closely coordinated with General Plan Update planning work and will address issues of concern identified by the community.

FINAL EIR AND MITIGATION MONITORING AND REPORTING PROGRAM At the conclusion of the Draft EIR public review period, the De Novo team will respond to all written comments received by the City. Upon completion, copies of the

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Administrative Final EIR will be forwarded to the City for review. The Final EIR document will include the comment letters, responses, and revisions to the Draft (text to be revised will be shown as an excerpt demarcated with underline for new text and strikethrough for deleted text) will comprise the Final Environmental Impact Report (Final EIR), which will be a separately bound document.

With respect to the Final EIR and Response to Comments, the De Novo team anticipates 10 comment letters of normal detail (two to three pages in length), based upon our prior experience with projects of similar scope. Excess comments and/or complex comments that require additional technical analysis will be considered outside of this scope of work and cost estimate.

We also assume one round of City review of the Administrative Final EIR prior to public release.

The Final EIR will include a comprehensive Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 21081.6 of the Public Resources Code. De Novo will draft the MMRP using the information contained within the environmental analysis, including the specific mitigation measures, and how the mitigation measures will be incorporated into the General Plan Update. It is intended that each mitigation measure will be incorporated into the General Plan as a policy or implementation program, and that there will not be separate measures to monitor and enforce following adoption of the General Plan. As described under Task 3, the General Plan will include an implementation program that identifies how each implementation measure will be implemented, including the City department responsible for implementation, the funding source(s), and timing of implementation.

CEQA FINDINGS OF FACT/STATEMENT OF OVE RRIDING CONSIDERATIONS CEQA Findings of Fact/Statement of Overriding Considerations (Findings) will be prepared that identify each potentially significant and significant impact, describe mitigation for the impact, and the resultant level of significance after mitigation. The Findings will identify each alternative and, if the alternative was not selected as the proposed project, identify why the alternative was not feasible and considerations for not selecting the alternative. For each significant and unavoidable impact, the Findings will identify economic, legal, social, technical, or other defensible reasons why the project should be approved in light of the significant effects of the project.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal
TASK 8- MEETINGS, HEARINGS, AND PROJECT MANAGEMENT
Our management team will attend all of the workshops and meetings, and will also author the Existing Conditions Report, General Plan, and EIR documents.

Our internal management procedures include: regular check-ins with subconsultant teams, internal weekly conference calls with the management team from De Novo and each subconsultant (as relevant to the timing of the task of each subconsultant), weekly updates to the task list, including internal deliverables necessary to meet our deliverables to the City, and establishment of a secure online file sharing site to assure that all background documents, technical reports, updated schedules, and approach memos are readily available to each team member.

We will closely coordinate with the City through each part of the process. Steps we take to assure timely performance include: regular project calls with the City, monthly status reports, and a project task list that we update each month with the status of each task and deliverable, including subconsultant deliverables. This approach ensures open lines of communication, transparency in our work effort, and accountability. We are committed to completing this project on schedule and within budget and will take all appropriate steps to ensure that the project is managed effectively.

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Exhibit A to Professional Services Agreement between
City of Atwater and De Novo Planning Group May 9, 2023
Atwater General Plan Update and EIR Proposal

SCHEDULE
We are committed to completing our entire work effort within a 40-month period. The schedule on the following page is realistic based on our recent experience completing comparable projects. We anticipate that the City will complete review of all administrative draft documents within two-three weeks. City staff review of draft staff reports, powerpoint presentations, meeting agendas and materials, etc. is anticipated to occur within two to four working days, unless the materials are exceptionally lengthy.

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Exhibit B to Professional Services Agreement between May 9, 2023 City of Atwater and De Novo Planning Group Page 1 of 1

EXHIBIT B

FEE SCHEDULE

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

May 8, 2023
TO: Mayor and City Council
FROM: Lori Waterman, City Manager

PREPARED
BY:

Lori Waterman, City Manager
SUBJECT: Amending City of Atwater Classification Plan relating to Deputy City Manager/Community Development Director, adopting Salary Schedule E-23 and approving Deputy City Manager/Community Development Director and Police Chief Employment
Agreements (City Manager Waterman)

RECOMMENDED COUNCIL ACTION
Motion to adopt Resolution No. 3392-23 amending the City of Atwater Classification Plan relating to Deputy City Manager/Community Development Director and adopting Salary Schedule E-23; and
Motion to approve Deputy City Manager/Community Development Director Agreement with Greg Thompson in the annual amount of $182,097.59 plus benefits; and Motion to approve Police Chief Agreement with Michael J. Salvador in the annual amount of $185,000.00 plus benefits; and authorize and direct the City Manager to execute the agreements on behalf of the City; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

Failure to maintain appropriate staffing levels in City management limits the City from planning for the future, and negatively affects the City’s financial, budgetary, and other operating processes. City Council Goal number 4.1.c. of the City's 2020-2025 Strategic Plan: "Adjust the organizational structure as needed” to achieve continuity and maintain a strong cohesive Management Team. The City Manager continues to review and analyze the City’s organizational structure to ensure resources are optimized and aligned with current and future needs of the City. The Deputy City Manager/Community Development Director and Police Chief positions are considered key management

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

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Agenda Report - Page 2

positions necessary to progress the City.

Appointment of a Deputy City Manager/Community Development Director will allow for continued progress of current items such as the General Plan, Transportation infrastructure as well as the Regional Housing Element. Mr. Thompson continues to move the City forward to ensure sustainable future development and growth.

During the last four years, Police Chief Salvador has brought the Atwater Police Department to a level of professionalism our community can be proud of, through the deployment of a new records management system, new accountability measures, promotional and training processes, as well as upgrading new equipment and revamping the organizational structure.

Pursuant to the terms of the Atwater Municipal Code, the City Manager has negotiated a Deputy City Manager/Community Development Director Employment Agreement (Agreement) with Mr. Greg Thompson, and a Police Chief Employment Agreement (Agreement) with current Chief Michael J. Salvador. The employment agreements are being presented to the City Council pursuant to California Government Code Sections 53260-53264 Employment Contracts, which require the public agency to ratify all contracts of employment with chief executive officers in an open session of the governing body.

The Deputy City Manager/Community Development Director Agreement contains the following proposed provisions:
• The Agreement shall expire on May 08, 2026, which is a term of 3 (three) years. • The Deputy City Manager/Community Development Director’s salary shall be $182,097.59 per year.
• The City shall pay the Deputy City Manager/Community Development Director’s premiums for him and his qualified dependents’ medical, dental, and vision insurance on the same terms and conditions as are offered to other similarly situated City employees.
• The City shall provide the Deputy City Manager/Community Development Director with a vehicle to use for City business only.
• If the Deputy City Manager/Community Development Director is terminated without cause, he shall be entitled to severance in the amount of four (4) months of wages. • The Deputy City Manager/Community Development Director will receive 80 hours of administrative leave per year, but he may cash out unused leave, if there are available funds.
• The Deputy City Manager/Community Development Director shall accrue six and two-thirds (6.67) hours of vacation leave per pay period over 24 pay periods a year.

The Police Chief Agreement contains the following proposed provisions:
• The Agreement shall expire on May 08, 2026, which is a term of 3 (three) years. • The Police Chief’s salary shall be $185,000.00 per year (which is 7% more than

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Agenda Report - Page 3

current salary of $172,631.42).
• The Police Chief shall receive an additional two and one-half percent (2.5%) of base salary for possession of Peace Officer Standards and Training (POST) Executive Certificate.
• The Police Chief shall receive an additional two and one-half percent (2.5%) of base salary for possession of a master’s degree.
• The City shall pay the Police Chief’s premiums for him and his qualified dependents’ medical, dental, and vision insurance on the same terms and conditions as are offered to other similarly situated City employees.
• The City shall provide the Police Chief with a vehicle to use for City business only. • If the Police Chief is terminated without cause, he shall be entitled to severance in the amount of four (4) months of wages.
• The Police Chief will receive 80 hours of administrative leave per year, but he may cash out unused leave, if there are available funds.
• The Police Chief shall accrue six and two-thirds (6.67) hours of vacation leave per pay period over 24 pay periods a year.

Resolution No. 3392-23 approves Job Classification change to reflect the combining of the Deputy City Manager and the Community Development Director positions and amends Salary Schedule E-23.

II. FISCAL IMPACTS:

Sufficient funding is available, for the remainder of this fiscal year, in the appropriate General Fund, Salary and Benefit account numbers 0001.4000.1001 through 0001.4000.1015; and General Fund, Police Department, Administration Account No. 0001.2020.4000.1001 through Account No. 0001.2020.1015. Both positions will be budgeted in the upcoming FY 2023-2024 budget for the full year.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with optimizing the City's Organizational Structure, Goal number

4.1.c. of the City's 2020-2025 Strategic Plan: "Adjust the organizational structure as needed.”
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.

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Agenda Report - Page 4

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The purpose of approving employment agreements in an open session of the governing body is to provide the public the opportunity to provide comments prior to approval by the City Council.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as employment agreements would 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:

Following approval of the Employment Agreements by the City Council, the City Manager shall execute the Agreements.

Submitted and Approved by:

Lori Waterman, City Manager
Attachments:

1. Salary Schedule E-23 Effective May 11 2023 - Reso 3392-23

2. Thompson, Greg -Deputy City Manager-Community Development Director

3. Salvador, Michael J. Police Chief

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RESOLUTION NO. 3392-23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING CITY OF

ATWATER CLASSIFICATION PLAN ADDING A

DEPUTY CITY MANAGER/COMMUNITY

DEVELOPMENT DIRECTOR CLASSIFICATION,

UPDATING SALARY FOR THE POLICE CHIEF

CLASSIFICATION, AND ADOPTING SALARY
SCHEDULE E-23 EFFECTIVE MAY 11, 2023
WHEREAS, the City Council adopted Resolution No. 2088-05 adopting the City of Atwater Classification Plan; and
WHEREAS, Salary Schedule D-23, effective April 13, 2023, was adopted by Resolution No. 3387-23 on April 10, 2023; and
WHEREAS, the City Council approves and adopts a Salary Schedule for the Classification Plan and/or directs the City Manager to prepare and/or update said Schedule to reflect City Council direction; and
WHEREAS, the City of Atwater’s 2020-2025 Strategic Plan includes optimizing organization structure and reviewing staff workloads; and WHEREAS, in considering organizational structure of the Community Development Department, staff is recommending adding Deputy City Manager/Community Development Director to the City’s Classification Plan and modifying the salary schedule accordingly; and
WHEREAS, the salary of the Police Chief classification is being updated to accurately reflect the employment agreement.

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

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby amend the City of Atwater Salary Schedule and Adopts Salary Schedule E-23 as shown in “Exhibit B,” attached hereto and made a part herein.

CITY COUNCIL
OF THE

CITY OF ATWATER

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Resolution No. 3392-23 Page 2
The foregoing resolution is hereby adopted this 8th day of May 2023.

AYES:

NOES:

ABSENT:

APPROVED:

MIKE NELSON, MAYOR
ATTEST:

KORY J. BILLINGS, CITY CLERK

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Exhibit A

DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR

DEFINITION
Assists the City Manager to plan, organize, manage, and direct the overall activities and operations of the City government including the City’s planning, engineering, building safety and inspection, Successor Agency, grant administration, and economic development functions and activities; to provide advice and consultation on Planning Commission, Redevelopment Advisory Committee, Oversight Board, other City committees or commissions, and City Council/Successor Board; to represent City policies and programs with City staff, community organizations, other agencies, and the public; to coordinate activities among and with other departments; to provide staff assistance to the City Manager and City Council as directed by the City Manager; and to do related work as required under general direction of the City Manager. Serves as Disaster Service Worker. FLSA Status: Exempt. Bargaining Unit: Unrepresented.

DISTINGUISHING CHARACTERISTICS
The incumbent serves as chief deputy to the Chief Executive Officer on general operations and the administration of the overall activities of City government and the various divisions: planning, Successor Agency, engineering, building safety and inspection, economic development, and grants. Serves as the primary planning, Successor Agency, and economic development advisor for the City Council, City Manager, and City staff. Must have premier skills in effectively managing multiple projects and priorities.

The Deputy City Manager may serve as acting City Manager in his/her absence. When delegated by the City Manager, the Deputy City Manager will have the authority to sign necessary documents in the absence of the City Manager. The incumbent serves at the pleasure of the City Manager.

REPORTS TO
The City Manager.

CLASSIFICATIONS SUPERVISED
Exercises direct supervision over management, professional, clerical, technical personnel, and other City staff as assigned. May serve as department director to a designated department while serving as Deputy City Manager, and other departments and/or divisions may report directly to the Deputy City Manager when designated by the City Manager.

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DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR

Page 2 ends

ESSENTIAL FUNCTIONS
Serves as assistant to the Chief Executive Officer; provides the City Manager and management with advice and consultation on the development of City services and policies; has oversight responsibility of the City’s development review process; directs special studies to determine the effectiveness of City operations and activities; when designated by the City Manager; maintains a continued awareness of administrative practices and recommends changes to the City Manager. Assists the City Manager in developing, and overseeing project planning and administration, property acquisitions; implementing, and administering City-wide goals and objectives as well as policies and procedures necessary to provide City services; prepares department budgets and approves new or modified programs, systems, policies, and procedures. Provides direction and advice to City department management; coordinates interdepartmental activities as well as City activities with outside agencies and organizations. Provides a wide range of assistance, consultation, and advise to the City Manager and City Council on planning and land use issues and other duties as assigned; has responsibility for the maintenance and updating of the City’s General Plan; participates in regional and joint planning studies including regional transportation planning; interprets applicable laws, rules, codes, and regulations; develops and recommends adoption of codes and ordinances as well as revisions to existing codes and ordinances; prepares and presents staff reports and other necessary correspondence. Attends night and weekend meetings.

Represents the City Manager at meetings, as needed, by making presentations to explain program or project status to the City Council or other formal groups and to answer questions or arrange for compilation of data to assist in the decision-making process.

Prepares and presents reports to the City Council and other legislative boards relative to areas of responsibility.

Provides highly responsible administrative staff assistance including conducting specific and comprehensive analysis of a wide range of municipal policies involving organization, procedures, and general services.

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

TYPICAL WORKING CONDITIONS
Work is normally performed in an office environment; frequent driving to different locations throughout the City; continuous contact with other staff and the public.

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DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR

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MINIMUM QUALIFICATIONS
Knowledge of:
• The theory, principles, and practices of City, urban, and regional planning. • Federal and state urban renewal laws and grant programs. • Current trends in federal, state, and local planning. • Principles of public administration, management, staff supervision, employee training, and work evaluation.
• California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), Map Act, and California Planning and Zoning Law. • Basic principles of civil engineering.
• Basic understanding of construction management.
• Principles and practices of public administration including administrative analysis, policy, and program development.
• Budget development, administration, and expenditure control. • National, state, and local laws and regulations affecting planning, economic development, Successor Agency administration, and zoning. • Principles of supervision, training, program administration, and budget preparation. • Principles and practices of contemporary economic development and planning. • General theory, principles, and practices of land use planning and their application to a variety of planning and capital improvement projects. • Principles of public planning, building inspections and safety, engineering, and economic development.
• Laws, rules, regulations, and policies affecting land use, zoning, Successor Agency administration, and economic development programs.
• Organization, problems, and functions of municipal government. • Research and evaluation methods.
• Purposes and procedures of public planning agencies, boards, and governing bodies.
• Graphic illustration and presentation.
• Computers and software used in planning and community development work. • Principles of management, supervision, training, and employee evaluation. • Principles and practices of planning, development review, coordination, and direction • Principles and practices of leadership, motivation, team building, and conflict resolution.

Ability to:
• Plan, organize, manage, coordinate, and supervise the functions and services of the City to achieve efficient operations and achieve program goals. • Direct the gathering, organization, analysis, and presentation of a variety of data and information.
• Prepare clear, concise, and accurate records and reports.

Page 414 of 450 ends

DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR

Page 4 ends

• Evaluate, formulate, and develop recommendations on improvements to City operations, programs, and services.
• Provide advice and consultation to the City Council on the development of ordinances, regulations, programs, and policies.
• Read and interpret laws, ordinances, general plan elements, environmental impact reports and statements, maps, and other documents related to community planning and land use.
• Collect, compile, and analyze technical, statistical, and other information. • Perform special assignments for a variety of boards and commissions. • Communicate well during public presentations.
• Exercise supervisory and management authority tactfully and effectively. • Effectively represent the City’s policies, programs, and services with the public, community organizations, City staff, and other government agencies. • Establish and maintain cooperative working relationships.

Training and Experience:
• Five (5) years of broad and extensive management, supervisory, and administrative experience, preferably including work in a public agency involving development and administration of programs and public services.

SPECIAL REQUIREMENTS
• None.

Education:
• Graduation from an accredited college or university with a bachelor’s degree or a master’s degree in public administration, business administration, urban, regional planning, architecture, urban design, environmental studies, public administration, economics, or a closely related field is highly desirable. Education requirements may be substituted with equivalent years of experience.

License:
• Possession of a valid California driver’s license.

The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice.

Rev. 05-08-23

Page 415 of 450 ends

1 EXHIBIT B

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE E-23 EFFECTIVE MAY 11, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Account Clerk I CU 115 2933.66 3080.35 3234.36 3396.08 3565.89 3744.18 1354.00 1421.70 1492.78 1567.42 1645.79 1728.08
35203.96 36964.16 38812.36 40752.98 42790.63 44930.16

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

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

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

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

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

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

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

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

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

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

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

25.2497 26.5122 27.8378 29.2297 30.6911 32.2257

Page 416 of 450 ends

2 SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE E-23 EFFECTIVE MAY 11, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Building Maintenance Worker I MU 130 2880.09 3024.10 3175.30 3334.07 3500.77 3675.81 1329.27 1395.74 1465.52 1538.80 1615.74 1696.53
34561.11 36289.17 38103.63 40008.81 42009.25 44109.71

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

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

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

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

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

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

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

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

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

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

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

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

33.2765 34.9404 36.6874 38.5218 40.4478 42.4702

Page 417 of 450 ends

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE E-23 EFFECTIVE MAY 11, 2023 3
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Community Development Director DD 337 10352.41 10870.03 11413.53 11984.21 12583.42 13212.59 4778.04 5016.94 5267.78 5531.17 5807.73 6098.12
124228.92 130440.36 136962.38 143810.50 151001.02 158551.07

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

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

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

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

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

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

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

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

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

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

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

34.8697 36.6131 38.4438 40.3660 42.3843 44.50350

Page 418 of 450 ends

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE E-23 EFFECTIVE MAY 11, 2023 4
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Grants Manager MM 304 5095.68 5350.46 5617.99 5898.89 6193.83 6503.52 2351.85 2469.44 2592.92 2722.56 2858.69 3001.63
61148.16 64205.57 67415.85 70786.64 74325.97 78042.27

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

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

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

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

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

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

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

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

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

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

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

15.6827 16.4669 17.2902 18.1547 19.0625 20.0156

Page 419 of 450 ends

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE E-23 EFFECTIVE MAY 11, 2023 5
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Operations Analyst MM 300 5007.50 5257.88 5520.77 5796.81 6086.65 6390.98 2311.15 2426.71 2548.05 2675.45 2809.22 2949.68
60090.00 63094.50 66249.23 69561.69 73039.77 76691.76

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

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

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

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

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

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

29.4204 30.8914 32.4360 34.0578 35.7607 37.5487
Police Chief DD 338 12079.36 12683.33 13317.50 13983.37 14682.54 15416.67 5575.09 5853.84 6146.54 6453.86 6776.56 7115.38
144952.33 152199.95 159809.94 167800.44 176190.46 185000.00

69.6886 73.1731 76.8317 80.6733 84.7070 88.9423
Police Clerk I PU 140b 2854.60 2997.33 3147.20 3304.56 3469.79 3643.28 1317.51 1383.38 1452.55 1525.18 1601.44 1681.51
34255.23 35967.99 37766.39 39654.71 41637.44 43719.32

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

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

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

28.9916 30.4412 31.9632 33.5614 35.2394 37.0014

Page 420 of 450 ends

SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE E-23 EFFECTIVE MAY 11, 2023 6
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Police Officer Recruit TL 116 17.00
hrly
Police Lieutenant MM 315 8199.80 8609.79 9040.28 9492.29 9966.90 10465.25 3784.52 3973.75 4172.44 4381.06 4600.11 4830.12
98397.56 103317.44 108483.31 113907.48 119602.85 125582.99

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

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

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

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

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

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

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

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

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

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

52.9253 55.5715 58.3501 61.2676 64.3310 67.5476

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SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE E-23 EFFECTIVE MAY 11, 2023 7
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Public Works Regulatory MM 260b 5486.21 5760.52 6048.54 6350.97 6668.52 7001.95 Compliance Supervisor 2532.10 2658.70 2791.64 2931.22 3077.78 3231.67 65834.50 69126.22 72582.53 76211.66 80022.24 84023.35

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

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

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

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

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

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

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

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

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

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

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

20.4512 21.4738 22.5475 23.6749 24.8586 26.1015

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8 SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE E-23 EFFECTIVE MAY 11, 2023
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Streets Maintenance Worker III MU 192a 3757.68 3945.56 4142.84 4349.98 4567.48 4795.85 1734.31 1821.03 1912.08 2007.68 2108.07 2213.47
45092.11 47346.72 49714.05 52199.76 54809.74 57550.23

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

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

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

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

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

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

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

Seasonal Park/Recreation Aide SE 050 15.50 15.75 16.00
Senior Recreation Leader SE 064 16.25 16.50 16.75
CLASS Key:

EM - Executive Management
DD - Department Director
MM - Mid Management
CL - Confidential/Unrepresented
PU - Police Unit
MU - Miscellaneous Unit
CU - Clerical Unit
SE - Seasonal Employee
TL - Temporary/Limited Service
Adopted by City Council Resolution No. 3392-23
Dated May 8, 2023
Note: Any temporary or seasonal employee appointed to a classification on this schedule is not guaranteed the hourly rate listed. The City Manager, at his/her sole discretion, may appoint at a lower hourly rate so long as the houly rate is equal to the mandatory minimum wage rate.

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City of Atwater
Deputy City Manager/Community Development Director
Employment Agreement

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DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR

EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of the __ day of May 2023, (“Effective Date”), by and between the CITY OF ATWATER (“City”) and Greg Thompson (“Employee”). The City and Employee shall be referred to herein individually as a “Party” and collectively as “Parties.” There are no other parties to this Agreement.

RECITALS
A. The City Manager is authorized to negotiate and enter into employment agreements with Department Directors subject to the advice and consent of the Atwater City Council (“City Council”) pursuant to the terms of the Atwater Municipal Code (“Municipal Code”).

B. The City Manager has evaluated Employee’s knowledge, experience, skills, and ability to serve as the City’s Deputy City Manager/Community Development Director and has
recommended to the City Council that Employee be appointed as the Deputy City Manager/Community Development Director for the City pursuant to the terms of this Agreement.

C. The Parties agree that this Agreement shall be the sole agreement between the Parties regarding the employment of Employee as Deputy City Manager/Community Development
Director.

D. The Parties desire to execute this Agreement pursuant to the authority of, and subject to, the provisions of California Government Code (“Government Code”) section 53260 et seq.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between Recitals and Section 1 through 10 of this Agreement, Sections 1 through 10 will prevail.

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City of Atwater
Deputy City Manager/Community Development Director
Employment Agreement

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Section 2. Appointment of Deputy City Manager/Community Development Director, Duties, and Term.

Section 2.1. Appointment of Deputy City Manager/Community Development Director and Duties. Subject to the consent of and ratification by the City Council, the City Manager hereby appoints Employee to the position of Deputy City Manager/Community Development Director effective May __, 2023, in and for the City, to perform the function and duties of the Deputy City Manager/Community Development Director, under the direction of the City Manager. Employee accepts such appointment and employment pursuant to the terms of this Agreement.

Section 2.2. Secondary Employment/Conflict of Interest. Employee agrees to devote all productive time, ability, and attention to the City’s business to the extent necessary to perform the duties and responsibilities in a manner satisfactory to City.

A) During the Term, as defined in Section 2.5 of this Agreement, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s business interests. As such, Employee agrees that Employee will notify the City Manager in writing if Employee accepts secondary employment, so that the City may determine whether there is a conflict or potential conflict with the satisfactory performance of Employee’s duties and/or the best interest of the City. Employee has the right to volunteer for such nonprofit organizations as she may see fit, provided that such volunteer services do not interfere with the duties as Deputy City Manager/Community Development Director or conflict with, or present the appearance or possibility of conflicting with, the City’s business interests.

B) Employee shall not engage in any activity that is, or may create, a conflict of interest, prohibited contract, or that may create an incompatibility of office under state law. Prior to performing services under this Agreement, and annually thereafter, Employee must complete financial disclosure forms required bylaw.

Section 2.3. Exempt Employee. Typical general business hours for City employees are Monday through Friday, 8:00 AM to 5:00 PM. However, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours, which are necessary to fulfill the duties of the Deputy City Manager/Community Development Director, unless otherwise provided in this Agreement.

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City of Atwater
Deputy City Manager/Community Development Director
Employment Agreement

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Section 2.4. Duties/Schedule. The Deputy City Manager/Community Development Director’s daily and weekly work schedule shall vary in accordance with the work required to be performed. The Deputy City Manager/Community Development Director position may include frequent attendance at evening meetings and frequent irregular hours as necessary to meet deadlines and achieve objectives. The City Manager recognizes that the Deputy City Manager/Community Development Director must devote a great deal of time outside normal office hours to business of the City and, to that end, will be allowed to take Administrative Leave, as defined in Section 4.4 of this Agreement, as she shall deem appropriate during said normal office hours, subject to notification and approval of the City Manager.

The Deputy City Manager/Community Development Director’s primary duties shall be as shown in the job description attached hereto as Exhibit A.

Employee shall perform Employee’s duties under this Agreement pursuant to the laws of the State of California and applicable City Municipal Code, ordinances, and resolutions. Employee understands that Employee’s duties may be amended from time to time by the City Manager as necessary to meet the City’s needs. No modification or change in Employee’s responsibilities, duties or position shall otherwise change or revoke any other provision of this Agreement.

Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules, and regulations of the City now in force and effect and applicable to Employee’s position, and by all such other applicable policies, rules and regulations as may be hereafter implemented and called to her notice and will faithfully observe and abide by the same. No such policy, rule or regulation shall alter, modify or revoke employee’s status as an at-will employee or any other provision of this Agreement.

Section 2.5. Term. The term of this Agreement shall be for three (3) years from the date of Appointment, May __, 2023, (“Term”) subject to Section 5 of this Agreement. The City in its sole discretion, may extend the Term from time to time in increments of at least one (1) year. No later than one (1) month prior to the expiration of the Term, the City shall provide written notice to Employee as to whether the City intends to extend the Term. Termination of this Agreement shall be in accordance with Section 5 below.

Section 3. At-Will Employment.

Section 3.1. At-Will. Employee is an at-will employee serving at the pleasure of the City Manager, as provided in Government Code section 36506.

Accordingly, the City Manager may terminate Employee’s employment at any time, with or without cause.

Section 3.2. No Property Right in Employment. Employee understands and agrees that the terms of employment are governed only by this Agreement

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City of Atwater
Deputy City Manager/Community Development Director
Employment Agreement

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and that no right of employment for any specific term is created by this Agreement.

Employee further understands that based on the “at-will” employment status, Employee acquires no property interest in employment by virtue of this Agreement, and that Employee is not entitled to due process for any disciplinary actions under the City’s personnel policies and rules.

Section 4. Compensation and Benefits
Section 4.1 Deputy City Manager/Community Development Director Salary. Beginning May __, 2023, Employee shall be compensated at Step 6 of Range 339 of the Salary Schedule (currently in the amount of $15,174.80 per month/$182,097.59 per year) for services performed as Deputy City Manager/Community Development Director. This position is exempt from any City furlough program. Employee’s performance shall be reviewed annually pursuant to the City’s Performance Evaluation Policy and Employee shall be eligible to have his salary adjusted annually thereafter as set forth in the Salary Schedule, consistent with the Mid Managers Group, or Department Director Group (if established), whichever provides the greater benefit to Employee.

Section 4.2. Review and Evaluation. The City Manager agrees to review and evaluate Employee’s performance of Employee’s duties as Deputy City Manager/Community Development Director, pursuant to the terms of this Agreement (“Review and Evaluation”), on not less than an annual basis and to provide Employee with a written performance review. The annual Review and Evaluation shall be conducted on or about the anniversary date of this Agreement of each year, or at the City Manager’s discretion.

Section 4.3. Vehicle. During the term, or any extension thereof, the City will provide Employee with an assigned vehicle to be used to and from home and work and will cover the costs and expenses associated with said vehicle. In the event the Deputy City Manager/Community Development Director requests and is authorized to use a private vehicle for City business, he shall be reimbursed for mileage in accordance with City policies.

Section 4.4. Administrative Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business as Deputy City Manager/Community Development Director. To that end, Employee shall receive up to eighty (80) hours of administrative leave (“Administrative Leave”) per calendar year, to be used as needed, upon the approval of the City Manager. Approved but unused Administrative Leave may be cashed out annually at the discretion of the City Manager and only if budgeted funds are available to permit the cash out, and Employee has elected for cash out in advance of earning the time. Administrative Leave is only available for use or cash out in the year in which it is given, has no other cash value, and may not be carried over into a subsequent year.

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City of Atwater
Deputy City Manager/Community Development Director
Employment Agreement

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Section 4.5. Sick and Vacation Leave.

Section 4.5.1 Sick Leave.Employee shall accrue four (4) hours of sick leave each pay period over 24 pay periods a year.

Employee shall be permitted to cash out up to ninety-six (96) hours of accrued and unused sick leave annually pursuant to City policy at the discretion of the City Manager and only if budgeted funds are available to permit the cash out. There is no cap on sick leave accruals. If employee’s employment with the City terminates, sick leave shall be paid out pursuant to the City’s Paid Sick Leave Policy on the same terms and conditions as are offered to other City employees, consistent with the Mid Managers Group, or Department Director Group (if established), whichever provides the greater benefit to Employee.

Section 4.5.2. Vacation Leave. In recognition of
Employee’s experience, Employee shall accrue six and two-thirds (6.67) hours of vacation leave per pay period over 24 pay periods a year. Employee may cash out up to eighty (80) hours of accrued, unused vacation annually at the discretion of the City Manager and only if budgeted funds are available to permit the cash out, and Employee has elected for cash out in advance of earning the time.

Accruals are capped at twice the annual accrual amount.

Section 4.6. Holidays. Employee shall be subject to the provisions governing Holidays as are set forth in the City’s Personnel Rules and Regulations.

Section 4.7. Medical, Dental and Vision.

4.7.1. Medical, Dental and Vision. During the Term of this Agreement, or any extension hereof, the City shall pay the premiums for Employee and qualified dependents’ for medical, dental and vision insurance on the same terms and conditions as are offered to other similarly situated City employees, consistent with the tier system utilized for the Mid Managers Group or Department Director Group (if established), whichever provides the greater benefit to Employee. Employee shall be responsible for the payment of any premiums not paid for by the City and all deductibles, co-payments and disallowed costs. Should Employee elect not to participate in the City’s medical plan or elect to enroll in medical coverage through a spouse, Employee shall be eligible for in-lieu payments in the amount set for the Mid Managers Group or Department Director Group (if established), whichever provides the greater benefit to Employee.

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City of Atwater
Deputy City Manager/Community Development Director
Employment Agreement

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4.7.2 Medical Upon Retirement. If Employee is a qualified annuitant under the requirements of CalPERS and the effective date of retirement is less than one hundred and twenty (120) days after separation from employment with the City, Employee may elect to participate in the City’s medical insurance plans. If qualified for enrollment, the City shall pay the premiums consistent with the tier system utilized for the Mid Managers Group or Department Director Group (if established), whichever provides the greater benefit to Employee at the time of Employee’s retirement. Employee shall be responsible for the payment of any premiums not paid for by the City and all deductibles, co-payments and disallowed costs. When Employee and qualified dependents become eligible for Medicare, the City’s medical insurance plan shall become secondary insurance and the City’s obligation to pay premiums as set forth in this Section shall be reduced accordingly.

4.7.3 Dental and Vision Upon Retirement. Upon Employee’s retirement from the City, Employee and eligible dependents may elect to remain on the City’s dental and/or vision coverage plans.

Employee will be responsible for paying the full amount of the monthly premium amounts for Employee and eligible dependents, established by the City’s provider, as well as all deductibles, copayments, and disallowed costs. Said amounts are subject to change annually. The City shall bill Employee on a monthly basis for the full amount of the monthly premiums. Non-payment will result in disenrollment of Employee and eligible dependents without the option to re-enroll.

Section 4.8. Retirement. The City participates in the California Public Employees’ Retirement System (CalPERS). CalPERS will make the determination if Employee is considered a “Classic” or “New Member” (as defined under Government Code section 7522.04), and Employee shall contribute based on the enrolled tier. Employee shall pay 100% of the employee contribution.

Section 4.9. Life Insurance and Accidental Death and
Dismemberment. During the term of this Agreement, or any extension hereof, the City shall pay 100% of all premiums per existing policy in place at time of agreement to cover the life insurance policy currently in place for the benefit of Employee.

Section 4.10. Disability. During the term of this Agreement, or any extension hereof, the City shall pay 100% of all premiums per existing policy in place at time of agreement to cover both short term and long-term disability benefits for the benefit of Employee.

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City of Atwater
Deputy City Manager/Community Development Director
Employment Agreement

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Section 4.11. Unemployment. During the term of this Agreement, or any extension hereof, the City shall contribute to the Unemployment Insurance Program for the benefit of Employee, at no cost to Employee.

Section 4.12. Changes in Fringe Benefits or Working Conditions.

Except as otherwise provided herein, all provisions of the Rules and Regulations of the City relating to changes to fringe benefits and/or working conditions as they now exist, or hereinafter may be amended, shall also apply to Employee as they would to other similarly situated City employees, consistent with the policy for the Mid Managers Group or Department Director Group (if established), in addition to the benefits enumerated for the benefit of Employee as herein provided.

Section 4.13. Professional Development. Subject to available funds, the City agrees to pay the professional dues, subscriptions, travel, and other business expenses of Employee reasonably necessary for continued and full participation in national, state, and local associations, professional organizations, governmental groups and committees thereof for the good of the City in accordance with the approved budget.

Section 4.15 Expense Reimbursement. The City shall reimburse Employee for all sums necessarily incurred and paid by Employee in the performance of his duties, as approved by the City Manager. Employee shall submit a claim form or appropriate documentation to the City in compliance with City policies.

Section 5. Termination of Employment and Severance.

Section 5.1. Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) days advance written notice of the effective date of Employee’s resignation, unless the Parties otherwise agree in writing. If Employee retires from full-time public service with the City, Employee shall provide three (3) months advance written notice. During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and other compensation due and owing under this Agreement. In the event of voluntary resignation or retirement, Employee shall not be entitled to Severance, as set forth in Section 5.3 of this Agreement.

Section 5.2. Termination by City Manager. The City Manager may terminate this Agreement and remove Employee from his position as Deputy City Manager/Community Development Director at any time with or without cause. If Employee’s termination is based on charges of misconduct that publicly stigmatizes Employee’s reputation or impairs her ability to earn a living, or might damage her standing in a community, Employee may, within five (5) business days of the City Manager’s notice to Employee of his or her intent to terminate Employee’s employment, make a written request for a "name-clearing" hearing (as

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City of Atwater
Deputy City Manager/Community Development Director
Employment Agreement

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described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340 and its progeny) before the City Council in closed session. The "name-clearing" hearing is solely to provide Employee the opportunity to clear his name. The City Council may determine whether the allegations contained in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that Employee's termination was without fault. This decision will not, however, require that Employee be reinstated to his position. In the event Employee does not request a "nameclearing" hearing before the City Council, the City Manager’s decision to terminate will be effective by the close of business on the fifth (5th) day after the City Manager provided notice to Employee of his or her intent to terminate Employee’s employment. Should the Employee request a name clearing hearing within the five (5) days, termination will still take effect after the fifth day and Employee will not be on paid status during this period.

Section 5.3. Termination With Severance. This provision only relates to Employee’s ability to receive severance pay pursuant to this Agreement and does not in any way impact Employee’s at-will status. In the event the City terminates Employee’s employment and this Agreement without Good Cause, as defined in Section 5.4, below, the Employee shall receive a sum equal to four (4) month’s Base Salary or Base Salary for remaining number of months on the Agreement’s term, whichever is less (“Severance”). Such Severance is subject to the restrictions of Government Code section 53260. Severance shall be paid in the same manner as to other similarly situated City employees unless otherwise agreed to by the City and Employee. Employee’s eligibility for Severance shall be expressly conditioned upon Employee executing a waiver and release agreement forever releasing and waiving any and all claims against the City, and its employees, elected officials, and agents, in a form acceptable to the City.

Employee shall not receive any Severance if she resigns, is terminated for cause, or if a waiver and release agreement is not executed by the parties.

Section 5.4. Termination Without Severance. This provision only relates to Employee’s ability to receive severance pay pursuant to this Agreement, and does not in any way impact Employee’s at-will status. The City may at any time immediately terminate this Agreement and Employee’s employment for Good Cause, as defined below. If Employee is terminated for Good Cause, the City shall not be required to pay any Severance under this Agreement, and the City shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those the City is obligated to provide under federal or state law.
“Good Cause” for purposes of this Agreement is defined as the following:

1. Conviction of a felony;

2. Disclosing confidential or protected information of the City;

3. Misconduct or gross carelessness;

4. Unjustifiable and willful neglect of the duties described in this Agreement or Employee’s job description;

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5. Mismanagement;

6. Dishonesty;

7. Failure to perform Employee’s duties to the standard set by the City, as determined by the City Manager,

8. Any conduct which violates the applicable provisions of the City’s personnel policies, rules or regulations;

9. Repeated or protracted unexcused absences from the
Employee’s office and duties;

10. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation or the Administration
Department whether during or outside business hours;

11. Violation of federal, state, or City discrimination laws;

12. Refusal to take or subscribe any oath or affirmation which is required by law;

13. Employee’s disability resulting in his inability to perform the essential functions of his job, which the City is unable to reasonably accommodate without placing an undue burden
on City business operations;

14. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests; or

15. Substance abuse which adversely affects performance of Employee’s duties.

The City Manager may also place Employee on paid or unpaid investigatory leave during the Term of this Agreement.

Section 6. Notices. Any notice or communication required hereunder between the City and Employee must be in writing and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed.

If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten

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(10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given.

Such notices or communications shall be given to the Parties at their addresses set forth below:

If to Employee: City of Atwater
Attn: Greg Thompson
750 Bellevue Road
Atwater, California 95301
CC: Employee’s home address on file
If to the City: City of Atwater
Attn: City Manager
1160 5th Street
Atwater, California 95301
Section 7. Indemnification. The City shall defend, hold harmless, and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as Deputy City Manager/Community Development Director in accordance with the California Government Claims Act (Government Code section 810 et seq.) and shall provide a defense to Employee in accordance with Government Code sections 995-996.6. The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, the City’s duty to defend and indemnify Employee shall be contingent upon Employee’s good faith cooperation with such defense. In the event the City provides paid leave to the Employee pending an investigation or funds for a legal criminal defense pursuant to this Section, Employee shall reimburse the City for the amount of such paid leave or cost of the legal criminal defense, if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243-53243.1. Also, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his or her office or position as provided in Government Code section 53243.2-53243.4
Section 8. Bonding. The City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.

Section 9. General Provisions

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9.1. Modification of Agreement. This Agreement may be
supplemented, amended, or modified only by a writing signed by the City and Employee.

9.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

9.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

9.4. 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 necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

9.5. Headings. The headings in this Agreement are included for convenience only, and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

9.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

9.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

9.8. 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.

9.9. Counterparts. This Agreement may be executed in counterparts, including by signatures transmitted electronically or by fax, and all so executed

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shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

9.10. Venue. Venue for all legal proceedings shall be in the Superior Court in and for the County of Merced in the State of California.

IN WITNESS WHEREOF, this Agreement has been entered into by and between Employee and City as of the date of the Agreement set forth above.

CITY:

City of Atwater, a municipal corporation
of the State of California
By:

Lori Waterman, City Manager
Date Signed:

EMPLOYEE:

By:

Greg Thompson, an individual
Date Signed:

Approved as to Form:

By:

Frank Splendorio, City Attorney

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City of Atwater
Police Chief
Employment Agreement

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POLICE CHIEF

EMPLOYMENT AGREEMENT
THIS SECOND AMENDED EMPLOYMENT AGREEMENT (the
“Agreement”) is made and entered into as of the __ day of May 2023, (“Effective Date”), by and between the CITY OF ATWATER (“City”) and MICHAEL J.

SALVADOR (“Employee”). The City and Employee shall be referred to herein individually as a “Party” and collectively as “Parties.” There are no other parties to this Agreement.

RECITALS
A. The City Manager is authorized to negotiate and enter into employment agreements with Department Directors subject to the advice and consent of the Atwater City Council (“City Council”) pursuant to the terms of the Atwater Municipal Code (“Municipal Code”).

B. The Employee has been continuously employed by the City as Police Chief since February 19, 2019, and the Employee is currently employed under a First Amended Agreement dated January 11, 2021. The City Manager has recommended to the City Council some updates to that previous First Amended Agreement.

C. The Parties agree that this Agreement shall be the sole agreement between the Parties regarding the employment of Employee as Police Chief.

D. The Parties desire to execute this Agreement pursuant to the authority of, and subject to, the provisions of California Government Code (“Government Code”) section 53260 et seq.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between Recitals and Section 1 through 10 of this Agreement, Sections 1 through 10 will prevail.

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Section 2. Appointment of Police Chief, Duties, and Term.

Section 2.1. Appointment of Police Chief and Duties. With the consent of and ratification by the City Council, the City Manager has previously appointed Employee to the position of Police Chief in and for the City, to perform the function and duties of the Police Chief, under the direction of the City Manager. Employee accepted such appointment and employment, which is continuing pursuant to the terms of this Agreement.

Section 2.2. Secondary Employment/Conflict of Interest. Employee agrees to devote all productive time, ability, and attention to the City’s business to the extent necessary to perform the duties and responsibilities in a manner satisfactory to City.

A) During the Term, as defined in Section 2.5 of this Agreement, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s business interests. As such, Employee agrees that Employee will notify the City Manager in writing if Employee accepts secondary employment, so that the City may determine whether there is a conflict or potential conflict with the satisfactory performance of Employee’s duties and/or the best interest of the City. Employee has the right to volunteer for such nonprofit organizations as she may see fit, provided that such volunteer services do not interfere with the duties as Police Chief or conflict with, or present the appearance or possibility of conflicting with, the City’s business interests.

B) Employee shall not engage in any activity that is, or may create, a conflict of interest, prohibited contract, or that may create an incompatibility of office under state law. Prior to performing services under this Agreement, and annually thereafter, Employee must complete financial disclosure forms required bylaw.

Section 2.3. Exempt Employee. Typical general business hours for City employees are Monday through Friday, 8:00 AM to 5:00 PM. However, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours, which are necessary to fulfill the duties of the Police Chief, unless otherwise provided in this Agreement.

Section 2.4. Duties/Schedule. The Police Chief’s daily and weekly work schedule shall vary in accordance with the work required to be performed. The Police Chief position may include frequent attendance at evening meetings and frequent irregular hours as necessary to meet deadlines and achieve objectives.

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The City Manager recognizes that the Police Chief must devote a great deal of time outside normal office hours to business of the City and, to that end, will be allowed to take Administrative Leave, as defined in Section 4.4 of this Agreement, as she shall deem appropriate during said normal office hours, subject to notification and approval of the City Manager.

The Police Chief’s primary duties shall be as summarized in the job description attached hereto as Exhibit A. Employee shall perform Employee’s duties under this Agreement pursuant to the laws of the State of California and applicable City Municipal Code, ordinances, and resolutions. Employee understands that Employee’s duties may be amended from time to time by the City Manager as necessary to meet the City’s needs. No modification or change in Employee’s responsibilities, duties or position shall otherwise change or revoke any other provision of this Agreement.

Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules, and regulations of the City now in force and effect and applicable to Employee’s position, and by all such other applicable policies, rules and regulations as may be hereafter implemented and called to his notice and will faithfully observe and abide by the same. No such policy, rule or regulation shall alter, modify or revoke employee’s status as an at-will employee or any other provision of this Agreement.

Section 2.5. Term. The term of this Agreement shall be for three (3) years from the date of this Agreement, May __, 2023, (“Term”) subject to Section 5 of this Agreement. The City in its sole discretion, may extend the Term from time to time in increments of at least one (1) year. No later than one (1) month prior to the expiration of the Term, the City shall provide written notice to Employee as to whether the City intends to extend the Term. Termination of this Agreement shall be in accordance with Section 5 below.

Section 3. At-Will Employment.

Section 3.1. At-Will. Employee is an at-will employee serving at the pleasure of the City Manager, as provided in Government Code section 36506.

Accordingly, the City Manager may terminate Employee’s employment at any time, with or without cause.

Section 3.2. No Property Right in Employment. Employee understands and agrees that the terms of employment are governed only by this Agreement and that no right of employment for any specific term is created by this Agreement.

Employee further understands that based on the “at-will” employment status, Employee acquires no property interest in employment by virtue of this Agreement, and that Employee is not entitled to due process for any disciplinary actions under the City’s personnel policies and rules.

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Section 4. Compensation and Benefits
Section 4.1 Police Chief Salary. Beginning May__, 2023, Employee shall be compensated at Step 6 of Range E-23 of the Salary Schedule (currently in the amount of $15,416.67 per month/$185,000.04 per year) for services performed as Police Chief. This position is exempt from any City furlough program.

Employee’s performance shall be reviewed annually pursuant to the City’s Performance Evaluation Policy and Employee shall be eligible to have his salary adjusted annually thereafter as set forth in the Salary Schedule, consistent with the Mid Managers Group, Department Director Group, Police Lieutenant, or Police Commander (if established), whichever provides the greater benefit to Employee.

Section 4.1.1 POST Incentive Pay. The Employee shall receive an additional two and one-half percent (2.5%) of base salary for possession of the POST Executive Certificate.

Section 4.1.2 Education Incentive Pay. The Employee shall receive an additional two and one-half percent (2.5%) of base salary for possession of a master’s degree from an accredited college or university.

Section 4.2. Review and Evaluation. The City Manager agrees to review and evaluate Employee’s performance of Employee’s duties as Police Chief, pursuant to the terms of this Agreement (“Review and Evaluation”), on not less than an annual basis and to provide Employee with a written performance review.

The annual Review and Evaluation shall be conducted on or about the anniversary date of this Agreement of each year, or at the City Manager’s discretion.

Section 4.3. Vehicle. During the term, or any extension thereof, the City will provide Employee with an assigned vehicle to be used to and from home and work and will cover the costs and expenses associated with said vehicle. In the event the Police Chief requests and is authorized to use a private vehicle for City business, he shall be reimbursed for mileage in accordance with City policies.

Section 4.4. Administrative Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business as Police Chief. To that end, Employee shall receive up to eighty (80) hours of administrative leave (“Administrative Leave”) per calendar year, to be used as needed, upon the approval of the City Manager. Approved but unused Administrative Leave may be cashed out annually at the discretion of the City Manager and only if budgeted funds are available to permit the cash out, and Employee has elected for cash out in advance of earning the time. Administrative Leave is only available for use or cash out in the year in which it is given, has no other cash value, and may not be carried over into a subsequent year.

Section 4.5. Sick and Vacation Leave.

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Section 4.5.1 Sick Leave. Employee shall accrue four (4) hours of sick leave each pay period over 24 pay periods a year.

Employee shall be permitted to cash out up to ninety-six (96) hours of accrued and unused sick leave annually pursuant to City policy at the discretion of the City Manager and only if budgeted funds are available to permit the cash out. There is no cap on sick leave accruals. If employee’s employment with the City terminates, sick leave shall be paid out pursuant to the City’s Paid Sick Leave Policy on the same terms and conditions as are offered to other City employees, consistent with the Mid Managers Group, or Department Director Group, Police Lieutenant, or Police Commander (if established), whichever provides the greater benefit to Employee.

Section 4.5.2. Vacation Leave. In recognition of Employee’s years of experience with a municipal government agency, Employee shall accrue six and two-thirds (6.67) hours of vacation leave per pay period over 24 pay periods a year. Employee may cash out up to eighty (80) hours of accrued, unused vacation annually at the discretion of the City Manager and only if budgeted funds are available to permit the cash out, and Employee has elected for cash out in advance of earning the time. Accruals are capped at twice the annual accrual amount.

Section 4.6. Holidays. Employee shall be subject to the provisions governing Holidays as are set forth in the City’s Personnel Rules and Regulations.

Section 4.7. Medical, Dental and Vision.

4.7.1. Medical, Dental and Vision. During the Term of this Agreement, or any extension hereof, the City shall pay the premiums for Employee and qualified dependents’ for medical, dental and vision insurance on the same terms and conditions as are offered to other similarly situated City employees, consistent with the tier system utilized for the Mid Managers Group or Department Director Group, Police Lieutenant, or Police Commander (if established), whichever provides the greater benefit to Employee. Employee shall be responsible for the payment of any premiums not paid for by the City and all deductibles, co-payments and disallowed costs. Should Employee elect not to participate in the City’s medical plan or elect to enroll in medical coverage through a spouse, Employee shall be eligible for in-lieu payments in the amount set for the Mid Managers Group or Department Director Group, Police Lieutenant, or Police Commander (if established), whichever provides the greater benefit to Employee.

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4.7.2 Medical Upon Retirement. If Employee is a qualified annuitant under the requirements of CalPERS and the effective date of retirement is less than one hundred and twenty (120) days after separation from employment with the City, Employee may elect to participate in the City’s medical insurance plans. If qualified for enrollment, the City shall pay the premiums consistent with the tier system utilized for the Mid Managers Group or Department Director Group, Police Lieutenant, or Police Commander (if established), whichever provides the greater benefit to Employee at the time of Employee’s retirement. Employee shall be responsible for the payment of any premiums not paid for by the City and all deductibles, co-payments and disallowed costs. When Employee and qualified dependents become eligible for Medicare, the City’s medical insurance plan shall become secondary insurance and the City’s obligation to pay premiums as set forth in this Section shall be reduced accordingly.

4.7.3 Dental and Vision Upon Retirement. Upon Employee’s retirement from the City, Employee and eligible dependents may elect to remain on the City’s dental and/or vision coverage plans.

Employee will be responsible for paying the full amount of the monthly premium amounts for Employee and eligible dependents, established by the City’s provider, as well as all deductibles, copayments, and disallowed costs. Said amounts are subject to change annually. The City shall bill Employee on a monthly basis for the full amount of the monthly premiums. Non-payment will result in disenrollment of Employee and eligible dependents without the option to re-enroll.

Section 4.8. Retirement. The City participates in the California Public Employees’ Retirement System (CalPERS). CalPERS will make the determination if Employee is considered a “Classic” safety member or “New” safety member” (as defined in the Government Code), and Employee shall contribute based on the enrolled tier. Employee shall pay 100% of the employee contribution.

Section 4.9. Life Insurance and Accidental Death and
Dismemberment. During the term of this Agreement, or any extension hereof, the City shall pay 100% of all premiums per existing policy in place at time of agreement to cover the life insurance policy currently in place for the benefit of Employee.

Section 4.10. Disability. During the term of this Agreement, or any extension hereof, the City shall pay 100% of all premiums per existing policy in place at time of agreement to cover both short term and long-term disability benefits for the benefit of Employee.

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Section 4.11. Unemployment. During the term of this Agreement, or any extension hereof, the City shall contribute to the Unemployment Insurance Program for the benefit of Employee, at no cost to Employee.

Section 4.12. Changes in Fringe Benefits or Working Conditions.

Except as otherwise provided herein, all provisions of the Rules and Regulations of the City relating to changes to fringe benefits and/or working conditions as they now exist, or hereinafter may be amended, shall also apply to Employee as they would to other similarly situated City employees, consistent with the policy for the Mid Managers Group or Department Director Group, Police Lieutenant, or Police Commander (if established), in addition to the benefits enumerated for the benefit of Employee as herein provided.

Section 4.13. Professional Development. Subject to available funds, the City agrees to pay the professional dues, subscriptions, travel, lodging, meals, training expenses and other business expenses of Employee reasonably necessary for continued and full participation in national, state, and local associations, professional organizations, governmental groups and committees thereof for the good of the City in accordance with the approved budget. For the purposes of this section, all expenses shall be reasonable actual expenses, and Employee shall submit appropriate documentation of expenses.

Section 4.15 Expense Reimbursement. The City shall reimburse Employee for all sums necessarily incurred and paid by Employee in the performance of his duties, as approved by the City Manager. Employee shall submit a claim form or appropriate documentation to the City in compliance with City policies.

Section 5. Termination of Employment and Severance.

Section 5.1. Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) days advance written notice of the effective date of Employee’s resignation, unless the Parties otherwise agree in writing. If Employee retires from full-time public service with the City, Employee shall provide ninety days (90) advance written notice. During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and other compensation due and owing under this Agreement. In the event of voluntary resignation or retirement, Employee shall not be entitled to Severance, as set forth in Section 5.3 of this Agreement.

Section 5.2. Termination by City Manager. The City Manager may terminate this Agreement and remove Employee from his position as Police Chief at any time with or without cause, and in compliance with applicable provisions of the Peace Officers Procedural Bill of Rights. If Employee’s termination is based on charges of misconduct that publicly stigmatizes Employee’s reputation or impairs

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his ability to earn a living, or might damage his standing in a community, Employee may, within five (5) business days of the City Manager’s notice to Employee of his or her intent to terminate Employee’s employment, make a written request for a "name-clearing" hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340 and its progeny) before the City Council in closed session. The "name-clearing" hearing is solely to provide Employee the opportunity to clear his name. The City Council may determine whether the allegations contained in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that Employee's termination was without fault. This decision will not, however, require that Employee be reinstated to his position. In the event Employee does not request a "name-clearing" hearing before the City Council, the City Manager’s decision to terminate will be effective by the close of business on the fifth (5th) day after the City Manager provided notice to Employee of his or her intent to terminate Employee’s employment. Should the Employee request a name clearing hearing within the five (5) days, termination will still take effect after the fifth day and Employee will not be on paid status during this period.

Section 5.3. Termination With Severance. This provision only relates to Employee’s ability to receive severance pay pursuant to this Agreement and does not in any way impact Employee’s at-will status. In the event the City terminates Employee’s employment and this Agreement without Good Cause, as defined in Section 5.4, below, the Employee shall receive a sum equal to four (4) month’s Base Salary or Base Salary for remaining number of months on the Agreement’s term, whichever is less (“Severance”). Such Severance is subject to the restrictions of Government Code section 53260. Severance shall be paid in the same manner as to other similarly situated City employees unless otherwise agreed to by the City and Employee. Employee’s eligibility for Severance shall be expressly conditioned upon Employee executing a waiver and release agreement forever releasing and waiving any and all claims against the City, and its employees, elected officials, and agents, in a form acceptable to the City.

Employee shall not receive any Severance if she resigns, is terminated for cause, or if a waiver and release agreement is not executed by the parties.

Section 5.4. Termination Without Severance. This provision only relates to Employee’s ability to receive severance pay pursuant to this Agreement, and does not in any way impact Employee’s at-will status. The City may at any time immediately terminate this Agreement and Employee’s employment for Good Cause, as defined below. If Employee is terminated for Good Cause, the City shall not be required to pay any Severance under this Agreement, and the City shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those the City is obligated to provide under federal or state law.
“Good Cause” for purposes of this Agreement is defined as the following:

1. Conviction of a felony;

2. Disclosing confidential or protected information of the City;

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3. Misconduct or gross carelessness;

4. Unjustifiable and willful neglect of the duties described in this Agreement or Employee’s job description;

5. Mismanagement;

6. Dishonesty;

7. Failure to perform Employee’s duties to the standard set by the City, as determined by the City Manager,

8. Any conduct which violates the applicable provisions of the City’s personnel policies, rules or regulations;

9. Repeated or protracted unexcused absences from the
Employee’s office and duties;

10. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation or the Administration
Department whether during or outside business hours;

11. Violation of federal, state, or City discrimination laws;

12. Refusal to take or subscribe any oath or affirmation which is required by law;

13. Employee’s disability resulting in his inability to perform the essential functions of his job, which the City is unable to reasonably accommodate without placing an undue burden
on City business operations;

14. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests; or

15. Substance abuse which adversely affects performance of Employee’s duties.

The City Manager may also place Employee on paid or unpaid investigatory leave during the Term of this Agreement.

Section 6. Notices. Any notice or communication required hereunder between the City and Employee must be in writing and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed.

If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States

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mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given.

Such notices or communications shall be given to the Parties at their addresses set forth below:

If to Employee: City of Atwater
Attn: Michael J. Salvador
750 Bellevue Road
Atwater, California 95301
CC: Employee’s home address on file
If to the City: City of Atwater
Attn: City Manager
1160 5th Street
Atwater, California 95301
Section 7. Indemnification. The City shall defend, hold harmless, and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as Police Chief in accordance with the California Government Claims Act (Government Code section 810 et seq.) and shall provide a defense to Employee in accordance with Government Code sections 995-996.6. The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, the City’s duty to defend and indemnify Employee shall be contingent upon Employee’s good faith cooperation with such defense. In the event the City provides paid leave to the Employee pending an investigation or funds for a legal criminal defense pursuant to this Section, Employee shall reimburse the City for the amount of such paid leave or cost of the legal criminal defense, if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243- 53243.1. Also, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his or her office or position as provided in Government Code section 53243.2-53243.4 Section 8. Bonding. The City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.

Section 9. General Provisions

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City of Atwater
Police Chief
Employment Agreement

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9.1. Modification of Agreement. This Agreement may be
supplemented, amended, or modified only by a writing signed by the City and Employee.

9.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

9.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

9.4. 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 necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

9.5. Headings. The headings in this Agreement are included for convenience only, and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

9.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

9.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

9.8. 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.

9.9. Counterparts. This Agreement may be executed in counterparts, including by signatures transmitted electronically or by fax, and all so executed

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City of Atwater
Police Chief
Employment Agreement

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shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

9.10. Venue. Venue for all legal proceedings shall be in the Superior Court in and for the County of Merced in the State of California.

IN WITNESS WHEREOF, this Agreement has been entered into by and between Employee and City as of the date of the Agreement set forth above.

CITY:

City of Atwater, a municipal corporation
of the State of California
By:

Lori Waterman, City Manager
Date Signed:

EMPLOYEE:

By:

Michael J. Salvador, an individual
Date Signed:

Approved as to Form:

By:

Frank Splendorio, City Attorney

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GOVERNING BOARD MEETING SUMMARY
April 20, 2023
Directors Present: Chair Matt Serratto, Vice Chair Josh Pedrozo, April Hogue, Paul Llanez, Daron McDaniel, Jose Moran, Lloyd Pareira, Scott Silveira, Pat Nagy, Mike Nelson Directors Absent: Rodrigo Espinoza

ACTION ITEMS
The MCAG Governing Board:
 Awarded the 2023 Anna Maria Fuentes scholarship to Merced High School senior Zon Forest Moua.
 Set a blended farebox recovery ratio of 16.3% for The Bus effective FY 2023/24. This requires The Bus to recover at least 16.3% of operating costs through fares collected.  Adopted the Overall Work Program (OWP) for Fiscal Year 2023‐24. This document serves as the budget for transportation planning, and the administration of Measure V and the Transportation Development Act (TDA).
o The OWP total budget is $6,387,358, an overall increase of 39%. o The overall increase is largely due to the REAP funded activities including the preparation of the Multijurisdictional Housing Element for the seven jurisdictions.  Finalized the 2023 One Voice regional policy platform to incorporate the priority projects and a delegate from the City of Dos Palos. All seven jurisdictions are participating in this year’s trip to Washington, DC. The platform includes the following policy statements and requests:

Transportation
o Ensure continued investment in rural regional projects that are critical to the safe and efficient movement of goods and people, including the Atwater‐Merced Expressway Phase 1B, Pioneer Road complete street projects, and state routes 59 and 99. o Support expanded passenger rail service to Merced County through funding for Amtrak, Altamont Corridor Express (ACE), and High‐Speed Rail construction. o Pursue, and advocate for, dedicated funding sources that support and enhance transportation systems that relieve congestion into and within National Parks. o Establish policy whereby those traveling into National Parks using public transportation services are not charged a gate fee.
o Seek expedited administrative review processes and funding opportunities for community airport infrastructure improvements.

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o Seek funding for safe and accessible pedestrian and bridge infrastructure in local neighborhoods.

Community Facilities
o Explore programs and funding opportunities related to the purchase, rehabilitation and/or restoration of historic buildings.
o Seek funding to develop, upgrade and/or rehabilitate community recreational facilities.

Public Safety
o Seek public safety capital project, personnel, and equipment funding opportunities.

Homelessness
o Advocate for additional Veterans Affairs Supportive Housing (VASH) vouchers.

Water
o Pursue policies that support a streamlined permitting process for creek maintenance as well as funding for water storage and flood control projects. o Seek opportunities to leverage federal dollars for the construction, treatment, and replacement of drinking water and wastewater conveyance infrastructure.

Other
o Support congressional community funding requests from member agencies which do not conflict with policies contained in this platform.

The TJPA Governing Board:
 Approved two uses for the $715,252 in Low Carbon Transit Operation Program funding in the FY 2023/24 budget:
o Offer three months of free fares to the general public in Merced County. o Allocate remaining funds to costs associated with the electrification infrastructure needed at TJPA’s operations and maintenance facility.

The RWA Governing Board:
 Authorized the Executive Director to enter into a contract for the Highway 59 Low‐NOx flare station improvements in the amount of $319,842 with the selected vendor, BSE General Engineering, Inc.
 Authorized the Executive Director to enter into a contract a 10‐year contract with two optional five‐year extensions for the development and operation of the Highway 59 organic waste transfer/processing facility with California Wood Recycling, Inc. dba Agromin. o This facility will help jurisdictions comply with SB 1383 (organics diversion). o The facility will be funded through future tip fees for organic waste material as received by the RWA and will range from $54‐66 per ton depending on the commodity.  Adopted a municipal solid waste tipping fee structure that gradually normalizes rates for all agencies by 2033 and a rate increase implementation schedule that is effective July 1, 2024. o Modeling indicated an almost $40 million deficit for the agency by 2032 under the current rate structure. Based upon the implementation approach and timing directed by the Governing Board, this deficit can be avoided, through increases to the member agency landfill tip fees ranging from 6.55% to 9.5% annually over the next 10 years.

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o The final tipping fee increase schedule with an implementation date of July 1, 2024 will be distributed to all jurisdictions by July 1, 2023 to provide local jurisdictions time for the Prop 218 process, if needed.

OTHER NOTABLE REPORTS
 Caltrans Report
o CTC allocated funding for Merced County bridges.  Caltrans staff will distribute the list of bridges identified for funding.
o Road Safety Plan zero fatalities by 2050 has been released. o Caltrans is looking for opportunities to support applications for funding through the Wildlife Crossing Program through FHWA.  The purpose of this program is to reduce wildlife verses vehicle collisions and improve the wildlife habitat. o Caltrans is offering partnering letters for the Federal Safe Streets and Roads Program.

Applications are due July 10th and information is available on the Caltrans website. o Reconnecting Communities Workshop is Tuesday, May 9th.  MCAG The Bus was awarded the Above and Beyond Award at the CALACT conference this week.

Chair Serratto and Director Pedrozo attended the conference and accepted the award on behalf of The Bus.  The agency was nominated by peer agencies in the Valley for going “above and beyond” with evacuation services provided during emergency response efforts during the recent storms.
 Executive Director’s Report:
o She and Elizabeth Forte met with several key state agencies in Sacramento this week to further develop partnerships and to discuss regional priorities and efforts. o The SJV Policy conference will be held in Manteca April 24‐26. Director McDaniel will be giving the opening welcome on the second day and Stacie will be participating in a panel discussion on Finishing the 99.  Merced County will be recognized at the awards luncheon with the Blueprint Award for Commercial Development for the Castle Commerce Center.
o RWA compost giveaway will be held Saturday April 22nd between 8am and noon at the Hwy 59 landfill.
o Free shuttle services will be offered at both the Los Banos and Merced County fairs. In Los Banos, The Bus will provide free shuttle service between the Panda Express parking lot and the fairgrounds, and the Walmart parking lot and the fairgrounds. A flyer with more information will be distributed ASAP. Details on service to the Merced fair will be released soon.

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