In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).
2. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6241.
CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
October 9, 2023
CALL TO ORDER: 5:30 PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____ CLOSED SESSION:
Adjourn to Conference Room A
• Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
Number of cases (1)
City Council Agenda for Meeting of October 9, 2023 Page 2 REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION:
Invocation by Bill Mooneyham
PLEDGE OF ALLEGIANCE TO THE FLAG:
ROLL CALL:
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Staff's Recommendation: Motion to approve agenda as posted or as amended.
CONSENT CALENDAR:
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.
WARRANTS:
1. October 9, 2023
Staff's Recommendation: Approval of warrants as listed.
RESOLUTIONS:
2. Authorizing Submittal of Grant Application to California Department of Resources Recycling and Recovery for SB 1383 Local Assistance Grant Program (Public Works Director Vinson)
Staff's Recommendation: Adoption of Resolution No. 3435-23 authorizing submittal of a grant application to the California Department of Resources Recycling and Recovery (CalRecycle) for SB 1383 Local Assistance Grant Program; and authorizes and directs
City Council Agenda for Meeting of October 9, 2023 Page 3 the City Manager, or her designee, to execute all documents on behalf of the City.
AGREEMENTS:
3. Accepting the Qualified Bid, Authorizing and Approving a Purchase Agreement (Purchase Order) with Razzari Ford of Merced for the purchase of four (4) new 2023 Ford Lightning Battery Electric Pickup Trucks (Police Chief Salvador)
Staff's Recommendation: Accepts qualified bids, authorizes and approves a Purchase Agreement (Purchase Order) with Razzari Ford of Merced, California, for four (4) new 2023 Ford Lightning Battery Electric Pickup Trucks in an amount not to exceed $325,226; and authorizes and directs the City Manager, or her designee, to execute the purchase on behalf of the City.
4. Approving First Amendment to Use Agreement with Atwater Little League regarding use of City fields for organized Baseball, Softball and T-ball activities (City Manager Waterman)
Staff's Recommendation: Approves the First Amendment of a Use Agreement, in a form approved by the City Attorney, with Atwater Little League for the use of Fireman’s Memorial Ballpark, Veteran’s Ballfield, Raymond Field, Darren Hershcler Field, Frank Reponte Field, Miyake Field, and T-ball Field at Osborn Park for organized Baseball, Softball and T-ball activities; and authorizes and directs the City Manager, or her designee, to execute the Use Agreement on behalf of the City.
PUBLIC IMPROVEMENTS:
5. Accepting the Palm Avenue Improvement Project as Complete (Public Works Director Vinson)
Staff's Recommendation: Accepts work done under the contract for Palm Avenue Improvements, City Project 22-06; authorize and direct the City Manager to sign a Notice of Completion and have it recorded on behalf of the City; and authorize a final payment in the amount of $5,580.
***END OF CONSENT CALENDAR***
REPORTS AND PRESENTATIONS FROM STAFF:
6. Adopting the Initial Study/Negative Declaration for the Lower Shaffer Storm Drain Project; Approving Budget Amendment Amending the 2023-24 Fiscal Year budget regarding the Lower Shaffer Drainage Improvement Project and Awarding a Professional Services Agreement to GHD for Civil Engineering Services (Public Works Director Vinson) Staff's Recommendation: Motion to Adopt Resolution 3431-23 adopting the Initial Study/Negative Declaration for the City of Atwater Lower Shaffer Storm Drain Project and making the required
City Council Agenda for Meeting of October 9, 2023 Page 4 environmental findings pursuant to the California Environmental Quality Act (CEQA); and
Motion to Adopt Resolution No. 3434-23 Approving Budget Amendment No. 7 Amending the 2023-24 Fiscal Year budget regarding the Lower Shaffer Drainage Improvement Project; and Motion to award a Professional Services Agreement, in a form approved by the City Attorney, to GHD of Roseville, California for Civil Engineer Services for the Lower Shaffer Drainage Improvements Project 22-07 in an amount not to exceed $649,989.00; or Motion to adopt staff's recommendation as presented.
7. Awarding a General Construction Contract for the First Street Overlay Project (Public Works Director Vinson)
Staff's Recommendation: Motion to award a General Construction Agreement, in a form approved by the City Attorney, to United Pavement Maintenance, Inc. of Hughson, California, for the First Street Overlay Project, City Project 23-06, in an amount not to exceed $564,267.00 and authorize construction contract change orders up to an aggregate amount of $56,426.70 (10%); and authorizes and directs the City Manager or her designee to execute all contract documents on behalf of the City; or
Motion to approve staff recommendations as presented.
8. Resolution Approving the Final Project Study Report for the Bellevue Road Rehabilitation/Realignment Project (Deputy City
Manager/Community Development Director Thompson)
Staff's Recommendation: Motion to Adopt Resolution No. 3436-23 approving the final Project Study Report, prepared by Mark Thomas & Company of Fresno, California, for the realignment and extension of Bellevue Road from Parade Street to Olive Avenue; and additionally authorize the Community Development Department to proceed with the Project Approval and Environmental Document; or
Motion to approve staff's recommendation as presented.
CITY MANAGER REPORTS/UPDATES:
9. City Manager Updates
COMMENTS FROM THE PUBLIC:
NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.
City Council Agenda for Meeting of October 9, 2023 Page 5 CITY COUNCIL REPORTS/UPDATES:
City Council comments
• City Council Member Cale, District 1
• City Council Member Button, District 2
• City Council Member Ambriz, District 3
• Mayor Pro Tem Raymond, District 4
• Mayor Nelson
CLOSED SESSION
Continuation of Closed Session if necessary
ADJOURNMENT
CERTIFICATION:
I, Kory J. Billings, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
KORY J. BILLINGS
CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.
In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .
Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.
City Council Agenda for Meeting of October 9, 2023 Page 6
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 Audit & Finance 24 25 26 27 28
29 30
6:00 PM
31 Halloween
City Council Meeting -
Committee Meeting -
4:30 PM
1:30 PM - 3:30 PM
6:00 PM
Meeting - 6:00 PM District 3
Office Hours -
Supervisor McDaniel
City Council Meeting -
Planning Commission Merced County City of Atwater Fall
Clean up 8:00 AM -
Noon 3500 Apron Drive
Atwater, CA
GPTAC - 6:00 PM
Saturday
~ October 2023 ~
Sunday Monday Tuesday Wednesday Thursday Friday
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
~ November 2023 ~
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Veterans Day
City Holiday
GPTAC - 6:00 PM
Ends
Daylight Saving Time Observed
Planning Commission
6:00 PM Meeting - 6:00 PM
City Council Meeting -
Audit & Finance
Thanksgiving
City Holiday City Holiday
Thanksgiving
1 day
Trash pick up delayed
4:30 PM
Committee Meeting -
WARRANTS SUMMARY FOR OCTOBER 9 2023
TOTAL OF WARRANTS (FROM WARRANT REPORT)
PREWRITTENS INCLUDED IN THIS WARRANT RUN
ADDITIONAL WARRANTS (THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS)
DATE DESCRIPTION AMOUNT
10/3/2023 EPARS Employee 457 Plan (PNC Bank) $ 4,508.00 10/3/2023 AFSCME District Council 57 $ 889.71
10/3/2023 APOA Union Dues $ 2,820.85
10/3/2023 State Disbursement - Child Support $ 219.22
10/3/2023 PERS Retirement EFT 8/31/23-9/13/23 $ 63,284.62 9/29/2023 Retiree Medical Reimbursement $ 32,785.53
TOTAL ADDITIONAL WARRANTS $ 104,507.93
GRAND TOTAL OF WARRANTS PAID
INFORMATIONAL ONLY (INCLUDED IN THE TOTAL WARRANTS TOTAL)
DATE DESCRIPTION AMOUNT
10/3/2023 Net Payroll $ 312,709.16 $ 413,114.46
10/3/2023 Federal Taxes $ 90,639.36
10/3/2023 State Taxes $ 9,765.94
Payroll Deductions
TOTAL INFORMATIONAL WARRANTS $ 413,114.46
1 CITY TREASURER
$ 1,800,401.42
$ 652,074.51
$ 104,507.93
$ 2,556,983.86
Accounts Payable
Checks for Approval
User: jmurillo
Printed: 10/5/2023 - 9:35 AM
'PYe WVPck)C\ City
twater
TO Befevte Rood, 1vater CA 9S 3Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23487 09/22/2023 General Fund Travel/Conferences/Meetings MERCED COUNTY 40.00 0.00 Check Total: 0.00
23488 09/22/2023 General Fund Special Departmental Expense MERCED COUNTY RECORDER 20.00 0.00 Check Total: 0.00
23489 09/22/2023 General Fund Travel/Conferences/Meetings MERCED COUNTY 40.00 Check Total: 40.00
23490 09/22/2023 General Fund Special Departmental Expense MERCED COUNTY RECORDER 20.00 Check Total: 20.00
23491 09/26/2023 General Fund Training ALAMEDA COUNTY SHERIFF'S OFFICE 425.00 Check Total: 425.00
23492 09/29/2023 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 263.42 Check Total: 263.42
23493 09/29/2023 Employee Benefits Fund Health Insurance, Retirees LORIN MANN 604.69 Check Total: 604.69
23494 09/29/2023 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 691.69 Check Total: 691.69
23495 09/29/2023 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 29.71 Check Total: 29.71
23496 10/02/2023 Risk Management Fund Claim Payments/Settlements SAMUEL JOSEPH 460,000.00 Check Total: 460,000.00
23497 10/02/2023 Risk Management Fund Claim Payments/Settlements TANIA ROSE 190,000.00 AP-Checks for Approval (10/5/2023 - 9:35 AM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total:
Report Total:
190,000.00
652,074.51
AP-Checks for Approval (10/5/2023 - 9:35 AM) Page 2
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
10/5/2023 - 9:39 AM
tCity J water
( smmwri Jrid Cut y Wi'd,
T&Q Bellevue Pow.. atei CA 93 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 10/09/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 57,500.00 0 10/09/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 88,750.00 0 10/09/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 187,090.60 0 10/09/2023 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 37,830.73 0 10/09/2023 Risk Management Fund Worker's Compensation CENTRAL SAN JOAQUIN VALLEY RMA 145,734.00 0 10/09/2023 Risk Management Fund Liability & Property Ins CENTRAL SAN JOAQUIN VALLEY RMA 117,223.00 Check Total: 634,128.33
23498 10/09/2023 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 1,173.36 Check Total: 1,173.36
23499 10/09/2023 Sewer Enterprise Fund Professional Services ABS DIRECT INC 912.65 23499 10/09/2023 Water Enterprise Fund Professional Services ABS DIRECT INC 912.64 23499 10/09/2023 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 912.65 23499 10/09/2023 Water Enterprise Fund Office Supplies ABS DIRECT INC 1,350.00 23499 10/09/2023 Sewer Enterprise Fund Office Supplies ABS DIRECT INC 1,350.00 23499 10/09/2023 Sanitation Enterprise Fund Office Supplies ABS DIRECT INC 1,350.00 Check Total: 6,787.94
23500 10/09/2023 Internal Service Fund Improvements Other Than Bldg ADVANCED HEATING & AIR 6,383.63 23500 10/09/2023 Internal Service Fund Professional Services ADVANCED HEATING & AIR 2,500.00 23500 10/09/2023 Internal Service Fund Special Departmental Expense ADVANCED HEATING & AIR 1,885.72 Check Total: 10,769.35
23501 10/09/2023 Water Enterprise Fund Accounts Payable MINGXIA AGUILAR REYES 166.23 Check Total: 166.23
23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 48.50 23502 10/09/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 82.62 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 336.04 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 43.49 23502 10/09/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 180.10 --
AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23502 10/09/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 49.65 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 12.96 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 39.69 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 195.74 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 43.49 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 21.72 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 20.65 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 30.11 23 502 10/09/2023 General Fund Communications AMAZON CAPITAL SERVICES 827.21 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 321.87 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 54.36 23 502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 141.36 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 10.76 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 8.15 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.70 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.26 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 19.02 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.20 23 502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 51.06 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 65.43 23502 10/09/2023 General Fund Office Supplies AMAZON CAPITAL SERVICES 202.09 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 380.61 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 11.85 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.79 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 43.95 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 182.01 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 219.20 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 152.18 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 69.77 23 502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 252.02 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 197.24 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 15.21 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 67.77 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 113.50 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 230.48 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 20.33 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 272.95 23502 10/09/2023 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 113.70 23502 10/09/2023 General Fund Fire Marshal Supplies AMAZON CAPITAL SERVICES 21.70 23502 10/09/2023 General Fund Fire Marshal Supplies AMAZON CAPITAL SERVICES 311.01 23502 10/09/2023 General Fund Various Classes AMAZON CAPITAL SERVICES 19.12 23502 10/09/2023 Gas Tax/Street Improvement Uniform & Clothing Expense AMAZON CAPITAL SERVICES 188.80 23502 10/09/2023 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 13.04 23502 10/09/2023 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,328.64 AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23502 10/09/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 205.83 23502 10/09/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 13.10 23502 10/09/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 69.41 23502 10/09/2023 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 93.06 23502 10/09/2023 Internal Service Fund Operations & Maintenance AMAZON CAPITAL SERVICES 163.55 23502 10/09/2023 Internal Service Fund Operations & Maintenance AMAZON CAPITAL SERVICES 21.72 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 20.03 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 13.58 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 21.74 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 123.81 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 54.32 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 221.32 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,502.50 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 163.11 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 184.86 23502 10/09/2023 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES -54.32 Check Total: 9,932.72
23503 10/09/2023 Internal Service Fund Professional Services ASBURY ENVIRONMENTAL SERVICES 5.00 23503 10/09/2023 Internal Service Fund Operations & Maintenance ASBURY ENVIRONMENTAL SERVICES 55.00 23503 10/09/2023 Internal Service Fund Operations & Maintenance ASBURY ENVIRONMENTAL SERVICES 100.00 Check Total: 160.00
23504 10/09/2023 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK 11.91 Check Total: 11.91
23505 10/09/2023 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC X 23,800.00 23505 10/09/2023 Internal Service Fund Special Departmental Expense ATWATER ELECTRIC 107.15 23505 10/09/2023 Internal Service Fund Professional Services ATWATER ELECTRIC 255.00 Check Total: 24,162.15
23506 10/09/2023 Sewer Enterprise Fund Professional Services ATWATER TINT 130.00 Check Total: 130.00
23507 10/09/2023 General Fund Field Deposits MARIA AZEVEDO 210.00 Check Total: 210.00
23508 10/09/2023 1,2,3-TCP Fund Professional Services BC LABORATORIES INC. 16.00 23508 10/09/2023 1,2,3-TCP Fund Professional Services BC LABORATORIES INC. 176.00 Check Total: 192.00
23509 10/09/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,360.84 AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23509 10/09/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,958.59 23509 10/09/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,630.17 23509 10/09/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,479.92 23509 10/09/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,908.00 23509 10/09/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 440.44 23509 10/09/2023 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,504.47 Check Total: 14,282.43
23510 10/09/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 40.70 23510 10/09/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 92.20 23510 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 417.74 23510 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 17.42 23510 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 23.17 23510 10/09/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 56.23 23510 10/09/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 18.42 23510 10/09/2023 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 69.70 23510 10/09/2023 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 31.46 Check Total: 767.04
23511 10/09/2023 Internal Service Fund Uniform & Clothing Expense BOOT BARN 173.99 Check Total: 173.99
23512 10/09/2023 General Fund Uniform & Clothing Expense BPS TACTICAL 628.20 Check Total: 628.20
23513 10/09/2023 General Fund Capital Phase 1 Ped Imp Proj Downtown BSK ASSOCIATES 1,208.43 23513 10/09/2023 Measure V 20% AlternativeModes Phase 1 Ped Imp Proj Downtown BSK ASSOCIATES 156.56 23513 10/09/2023 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 Check Total: 1,441.49
23 514 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 27.47 23514 10/09/2023 General Fund Special Departmental Expense CAL FARM SERVICES 45.04 23514 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 226.81 Check Total: 299.32
23515 10/09/2023 General Fund Travel/Conferences/Meetings JOHN CALE 78.60 23515 10/09/2023 General Fund Travel/Conferences/Meetings JOHN CALE 137.88 Check Total: 216.48
23516 10/09/2023 General Fund Special Departmental Expense CALIFORNIA LANDSCAPE SUPPLY, INC. 1,344.09 Check Total: 1,344.09
AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 4
—
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23517 10/09/2023 General Fund Professional Services CIVICPLUS LLC 10,426.50 Check Total: 10,426.50
23518 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR 2,922.75 23518 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR' 250.06 23518 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR', 808.30 23518 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR1 99.59 23518 10/09/2023 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR 343.63 23518 10/09/2023 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORf 10.94 23518 10/09/2023 General Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR 11.55 Check Total: 4,446.82
23519 10/09/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 23519 10/09/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 23519 10/09/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 23519 10/09/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 23519 10/09/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 23519 10/09/2023 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 23519 10/09/2023 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 23519 10/09/2023 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 Check Total: 320.00
23520 10/09/2023 Information Technology Fund Memberships & Subscriptions DATA PATH 115.08 Check Total: 115.08
23521 10/09/2023 General Fund Professional Services DEPT.OF FORESTRY & FIRE PROTECTION 878,787.79 Check Total: 878,787.79
23522 10/09/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 83.51 23522 10/09/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 50.65 23522 10/09/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 168.86 23522 10/09/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 41.65 23 522 10/09/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 20.26 23522 10/09/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 41.65 23522 10/09/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 2,290.07 23522 10/09/2023 General Fund Uniform & Clothing Expense ELITE UNIFORMS 24.77 Check Total: 2,721.42
23523 10/09/2023 Water Enterprise Fund Accounts Payable BRIANDA ESPINOZA 112.23 Check Total: 112.23
23524 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 161.97 AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 5
-
—
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 161.97
23525 10/09/2023 Water Enterprise Fund Accounts Payable FASTENAL COMPANY 110.22 23525 10/09/2023 Sewer Enterprise Fund Accounts Payable FASTENAL COMPANY 56.44 23525 10/09/2023 Sanitation Enterprise Fund Accounts Payable FASTENAL COMPANY 239.00 Check Total: 405.66
23526 10/09/2023 Water Enterprise Fund Accounts Payable CHRISTOPHER GARNER 166.23 Check Total: 166.23
23527 10/09/2023 General Fund Professional Services GLADWELL GOVERNMENTAL SERVICES INC 6,240.00 Check Total: 6,240.00
23528 10/09/2023 Sewer Enterprise Fund Special Departmental Expense GRAINGER, INC. 962.83 Check Total: 962.83
23529 10/09/2023 General Fund Community Center Deposits JASON HASTINGS 300.00 Check Total: 300.00
23530 10/09/2023 Internal Service Fund Utilities HOFFMAN SECURITY 96.00 23530 10/09/2023 Internal Service Fund Utilities HOFFMAN SECURITY 96.00 23530 10/09/2023 Internal Service Fund Utilities HOFFMAN SECURITY 55.00 23530 10/09/2023 Internal Service Fund Utilities HOFFMAN SECURITY 835.80 Check Total: 1,082.80
23531 10/09/2023 General Fund Special Departmental Expense HORIZON 119.92 23531 10/09/2023 General Fund Special Departmental Expense HORIZON 28.72 23531 10/09/2023 General Fund Special Departmental Expense HORIZON 39.25 23531 10/09/2023 General Fund Special Departmental Expense HORIZON 9.33 23531 10/09/2023 General Fund Special Departmental Expense HORIZON 15.39 23531 10/09/2023 General Fund Special Departmental Expense HORIZON 21.07 23531 10/09/2023 General Fund Special Departmental Expense HORIZON 182.13 Check Total: 415.81
23532 10/09/2023 Water Enterprise Fund Accounts Payable JAMKE PARTNERSHIP 21.61 23532 10/09/2023 Sewer Enterprise Fund Accounts Payable JAMKE PARTNERSHIP 25.66 23532 10/09/2023 Sanitation Enterprise Fund Accounts Payable JAMKE PARTNERSHIP 14.38 Check Total: 61.65
23533 10/09/2023 Water Enterprise Fund Accounts Payable JAMKE PARTNERSHIP 166.23 --
-
AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 166.23
23534 10/09/2023 Water Enterprise Fund Accounts Payable OYRE KANDOLA 177.81 23534 10/09/2023 Sewer Enterprise Fund Accounts Payable OYRE KANDOLA 13.74 23534 10/09/2023 Sanitation Enterprise Fund Accounts Payable OYRE KANDOLA 4.90 23534 10/09/2023 Sanitation Enterprise Fund Accounts Payable OYRE KANDOLA 1.53 Check Total: 197.98
23535 10/09/2023 General Fund Special Departmental Expense KELLOGG SUPPLY 143.18 23535 10/09/2023 Internal Service Fund Operations & Maintenance KELLOGG SUPPLY 163.72 23535 10/09/2023 Internal Service Fund Operations & Maintenance KELLOGG SUPPLY 365.64 23535 10/09/2023 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 49.78 23535 10/09/2023 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 450.24 23535 10/09/2023 General Fund Special Departmental Expense KELLOGG SUPPLY 28.13 Check Total: 1,200.69
23536 10/09/2023 Water Enterprise Fund Accounts Payable CHRISTINE KINSLEY 47.72 23536 10/09/2023 Sewer Enterprise Fund Accounts Payable CHRISTINE KINSLEY 50.12 23536 10/09/2023 Sanitation Enterprise Fund Accounts Payable CHRISTINE KINSLEY 28.11 Check Total: 125.95
23537 10/09/2023 RSTP-Regional Surf Transp Prog Ace Train Platform KRAZAN-VEIR 5,753.50 Check Total: 5,753.50
23538 10/09/2023 General Fund Accounts Payable L & L PROPERTIES 2.00 23538 10/09/2023 Water Enterprise Fund Accounts Payable L & L PROPERTIES 57.88 23538 10/09/2023 Sewer Enterprise Fund Accounts Payable L & L PROPERTIES 68.72 23538 10/09/2023 Sanitation Enterprise Fund Accounts Payable L & L PROPERTIES 24.48 23538 10/09/2023 Sanitation Enterprise Fund Accounts Payable L & L PROPERTIES 7.63 Check Total: 160.71
23539 10/09/2023 Water Enterprise Fund Accounts Payable L & L PROPERTIES 199.48 23539 10/09/2023 Sewer Enterprise Fund Accounts Payable L & L PROPERTIES 206.16 Check Total: 405.64
23540 10/09/2023 Water Enterprise Fund Accounts Payable L & L PROPERTIES 110.22 23540 10/09/2023 Sewer Enterprise Fund Accounts Payable L & L PROPERTIES 274.88 23540 10/09/2023 Sanitation Enterprise Fund Accounts Payable L & L PROPERTIES 90.11 Check Total: 475.21
23541 10/09/2023 Water Enterprise Fund Accounts Payable L & L PROPERTIES 65.40 23541 10/09/2023 Sewer Enterprise Fund Accounts Payable L & L PROPERTIES 206.16 AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 7
—
-
-
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23541 10/09/2023 Sanitation Enterprise Fund Accounts Payable L & L PROPERTIES 56.82 Check Total: 328.38
23542 10/09/2023 Water Enterprise Fund Accounts Payable L & L PROPERTIES 149.61 23542 10/09/2023 Sewer Enterprise Fund Accounts Payable L & L PROPERTIES 206.16 23542 10/09/2023 Sanitation Enterprise Fund Accounts Payable L & L PROPERTIES 227.25 Check Total: 583.02
23543 10/09/2023 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 577.38 Check Total: 577.38
23544 10/09/2023 Water Enterprise Fund Accounts Payable ELIZABETH LIVINGSTON 9.65 23544 10/09/2023 Sewer Enterprise Fund Accounts Payable ELIZABETH LIVINGSTON 11.46 23544 10/09/2023 Sanitation Enterprise Fund Accounts Payable ELIZABETH LIVINGSTON 1.27 23544 10/09/2023 Sanitation Enterprise Fund Accounts Payable ELIZABETH LIVINGSTON 3.23 Check Total: 25.61
23545 10/09/2023 General Fund Miscellaneous LOOMIS 517.34 Check Total: 517.34
23546 10/09/2023 General Fund Professional Services LOPES SEPTIC & PUMPING 150.00 Check Total: 150.00
23547 10/09/2023 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 1,805.14 Check Total: 1,805.14
23548 10/09/2023 General Fund Travel/Conferences/Meetings JANELL MARTIN 155.29 Check Total: 155.29
23549 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 27.12 Check Total: 27.12
23550 10/09/2023 Water Enterprise Fund Accounts Payable BLANCA MENDOZA ALMODOVA 166.23 Check Total: 166.23
23551 10/09/2023 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 99.00 23551 10/09/2023 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 198.00 23551 10/09/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 500.00 23551 10/09/2023 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 99.00 23551 10/09/2023 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 198.00 23551 10/09/2023 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 100.00 AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 8
r
—
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,194.00
23552 10/09/2023 General Fund Utilities MERCED IRRIGATION DISTRICT 317.49 23552 10/09/2023 Gas Tax/Street Improvement Utilities MERCED IRRIGATION DISTRICT 274.35 23552 10/09/2023 Price Annexation LD Utilities MERCED IRRIGATION DISTRICT 225.66 23552 10/09/2023 Mello Ranch LD Utilities MERCED IRRIGATION DISTRICT 415.83 23552 10/09/2023 Mello Ranch LNDSCP Utilities MERCED IRRIGATION DISTRICT 61.39 23552 10/09/2023 Camellia Estates LD Utilities MERCED IRRIGATION DISTRICT 75.21 23552 10/09/2023 Juniper Meadows LD Utilities MERCED IRRIGATION DISTRICT 37.63 23552 10/09/2023 Camellia Meadows LD Utilities MERCED IRRIGATION DISTRICT 75.21 23552 10/09/2023 Stone Creek LD Utilities MERCED IRRIGATION DISTRICT 245.49 23552 10/09/2023 Stone Creek LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.46 23552 10/09/2023 America West LD Utilities MERCED IRRIGATION DISTRICT 166.77 23552 10/09/2023 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 369.97 23552 10/09/2023 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 20.46 23552 10/09/2023 Atwater South LD Utilities MERCED IRRIGATION DISTRICT 464.32 23552 10/09/2023 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 714.16 23552 10/09/2023 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 297.09 23552 10/09/2023 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT 207.77 23552 10/09/2023 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 389.40 23552 10/09/2023 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 20.46 23552 10/09/2023 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 10.02 23552 10/09/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 5.87 23552 10/09/2023 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 622.66 Check Total: 5,037.67
23553 10/09/2023 Internal Service Fund Professional Services MERCED WINDOW CLEANING 1,976.50 Check Total: 1,976.50
23554 10/09/2023 Internal Service Fund Professional Services MODESTO OVERHEAD DOOR 641.00 Check Total: 641.00
23555 10/09/2023 Sewer Enterprise Fund Special Departmental Expense MUNICIPAL MAINTENANCE EQUIP. 176.53 Check Total: 176.53
23556 10/09/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 79.91 23556 10/09/2023 General Fund Travel/Conferences/Meetings MIKE NELSON 157.16 Check Total: 237.07
23557 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 18.48 23557 10/09/2023 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS -15.00 23557 10/09/2023 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 18.48 AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 9
-
—
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23557 10/09/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 41.28 23557 10/09/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 25.00 23557 10/09/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 44.57 23557 10/09/2023 Internal Service Fund Machinery & Equipment O'REILLY AUTO PARTS 7,394.98 23557 10/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 1,358.29 23557 10/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 34.79 23557 10/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 39.55 23557 10/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 7.44 23557 10/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 91.24 23557 10/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 939.77 23557 10/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 724.22 23557 10/09/2023 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 21.72 23557 10/09/2023 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 8.00 23557 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 35.85 23557 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 20.64 23557 10/09/2023 General Fund Special Departmental Expense O'REILLY AUTO PARTS 22.83 Check Total: 10,832.13
23558 10/09/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 83.81 23558 10/09/2023 General Fund Utilities PACIFIC GAS & ELECTRIC 182.69 23558 10/09/2023 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 165.11 23558 10/09/2023 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 39,183.60 23558 10/09/2023 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 228.45 23558 10/09/2023 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 26.28 Check Total: 39,869.94
23559 10/09/2023 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 505.71 Check Total: 505.71
23560 10/09/2023 Water Enterprise Fund Accounts Payable FRED PILLSBURY 9.65 23560 10/09/2023 Sewer Enterprise Fund Accounts Payable FRED PILLSBURY 11.46 23560 10/09/2023 Sanitation Enterprise Fund Accounts Payable FRED PILLSBURY 1.27 23560 10/09/2023 Sanitation Enterprise Fund Accounts Payable FRED PILLSBURY 3.23 Check Total: 25.61
23561 10/09/2023 General Fund Planning Deposits PIRO ENTERPRISES INC 2,623.21 Check Total: 2,623.21
23562 10/09/2023 Water Fund Capital Replacement Property Acq.-Future Well Site PRECISION CIVIL ENGINEERING, INC. 95.00 23562 10/09/2023 Sewer Enterprise Fund Lower Shaffer Storm Drain Imp PRECISION CIVIL ENGINEERING, INC. 1,493.14 Check Total: 1,588.14
.-
AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23563 10/09/2023 General Fund Special Departmental Expense PROFORCE 2,298.29 23563 10/09/2023 General Fund Special Departmental Expense PROFORCE 27,858.00 23563 10/09/2023 General Fund Special Departmental Expense PROFORCE 139.29 Check Total: 30,295.58
23564 10/09/2023 ARPA-American Rescue Plan Act Project Retention REDSTONE CONSTRUCTION INC -297.70 23564 10/09/2023 ARPA-American Rescue Plan Act Palm/Bellevue ST/SLWK Improv. REDSTONE CONSTRUCTION INC 5,954.00 Check Total: 5,656.30
23565 10/09/2023 Water Enterprise Fund Accounts Payable RENTAL MANAGEMENT 65.40 23565 10/09/2023 Sewer Enterprise Fund Accounts Payable RENTAL MANAGEMENT 68.72 23565 10/09/2023 Sanitation Enterprise Fund Accounts Payable RENTAL MANAGEMENT 24.48 23565 10/09/2023 Sanitation Enterprise Fund Accounts Payable RENTAL MANAGEMENT 7.63 Check Total: 166.23
23566 10/09/2023 Water Enterprise Fund Accounts Payable JONATHAN RODRIGUEZ 47.89 23566 10/09/2023 Sewer Enterprise Fund Accounts Payable JONATHAN RODRIGUEZ 50.31 23566 10/09/2023 Sanitation Enterprise Fund Accounts Payable JONATHAN RODRIGUEZ 28.19 Check Total: 126.39
23567 10/09/2023 Water Enterprise Fund Accounts Payable BETTYE ROGERS 1.93 23567 10/09/2023 Sewer Enterprise Fund Accounts Payable BETTYE ROGERS 2.29 23567 10/09/2023 Sanitation Enterprise Fund Accounts Payable BETTYE ROGERS 0.25 23567 10/09/2023 Sanitation Enterprise Fund Accounts Payable BETTYE ROGERS 0.82 Check Total: 5.29
23568 10/09/2023 General Fund Accounts Payable MARIA ROSALES 2.00 23568 10/09/2023 Water Enterprise Fund Accounts Payable MARIA ROSALES 55.32 23568 10/09/2023 Sewer Enterprise Fund Accounts Payable MARIA ROSALES 58.10 23568 10/09/2023 Sanitation Enterprise Fund Accounts Payable MARIA ROSALES 30.96 23568 10/09/2023 Sanitation Enterprise Fund Accounts Payable MARIA ROSALES 0.51 Check Total: 146.89
23569 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 60.38 Check Total: 60.38
23570 10/09/2023 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 404.06 Check Total: 404.06
23571 10/09/2023 Sewer Enterprise Fund Special Departmental Expense SMITH & LOVELESS INC. 34.02 -
—
AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 11
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 34.02
23572 10/09/2023 General Fund Office Supplies STAPLES 140.34 Check Total: 140.34
23573 10/09/2023 General Fund Professional Services STATE PRO BUILDERS INC. 2,150.00 Check Total: 2,150.00
23574 10/09/2023 General Fund Professional Services SWINGLE VAN EGMOND AND HEITLINGER 52.40 23574 10/09/2023 Risk Management Fund Professional Services SWINGLE VAN EGMOND AND HEITLINGER 3,465.00 Check Total: 3,517.40
23575 10/09/2023 General Fund Office Supplies THE SIGN GUYS 32.33 23575 10/09/2023 ARPA-American Rescue Plan Act Police Dept Remodel/Rehab THE SIGN GUYS 360.00 Check Total: 392.33
23576 10/09/2023 General Fund Special Departmental Expense TLC POSTAL CENTER 824.92 Check Total: 824.92
23577 10/09/2023 General Fund Professional Services TNB TOWING & RECOVERY 420.00 23577 10/09/2023 General Fund Professional Services TNB TOWING & RECOVERY 420.00 Check Total: 840.00
23578 10/09/2023 Water Enterprise Fund Accounts Payable TRINITY REAL ESTATE 52.57 23578 10/09/2023 Sewer Enterprise Fund Accounts Payable TRINITY REAL ESTATE 63.10 23578 10/09/2023 Sanitation Enterprise Fund Accounts Payable TRINITY REAL ESTATE 7.03 23578 10/09/2023 Sanitation Enterprise Fund Accounts Payable TRINITY REAL ESTATE 22.46 Check Total: 145.16
23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 25.38 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 327.57 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 25.39 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 34.07 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 345.43 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 46.13 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 31.98 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 523.10 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 174.61 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 347.97 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 27.55 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 35.11 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 174.98 AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 12
-
-
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 394.27 23579 10/09/2023 General Fund Rents & Leases UBEO WEST LLC 279.56 23579 10/09/2023 Water Enterprise Fund Rents & Leases UBEO WEST LLC 125.67 23579 10/09/2023 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 125.67 Check Total: 3,044.44
23580 10/09/2023 Internal Service Fund Operations & Maintenance VAN DE POL 15,219.70 23580 10/09/2023 Internal Service Fund Operations & Maintenance VAN DE POL 12,660.17 Check Total: 27,879.87
23581 10/09/2023 General Fund Communications VERIZON WIRELESS 560.14 Check Total: 560.14
23582 10/09/2023 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,169.07 Check Total: 1,169.07
23583 10/09/2023 General Fund Professional Services VVH CONSULTING SERVICES 2,305.00 23583 10/09/2023 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 9,220.00 23583 10/09/2023 General Fund Professional Services VVH CONSULTING SERVICES 12,420.00 23583 10/09/2023 General Fund Professional Services VVH CONSULTING SERVICES 600.00 Check Total: 24,545.00
23584 10/09/2023 General Fund Maint. Buildings & Grounds WARD ENTERPRISES 72.75 Check Total: 72.75
23585 10/09/2023 General Fund Special Departmental Expense WINTON HARDWARE 32.31 23585 10/09/2023 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 12.87 23585 10/09/2023 General Fund Maint. Buildings & Grounds WINTON HARDWARE 19.48 23585 10/09/2023 General Fund Maint. Buildings & Grounds WINTON HARDWARE 20.90 23585 10/09/2023 General Fund Special Departmental Expense WINTON HARDWARE 22.60 Check Total: 108.16
23586 10/09/2023 Water Enterprise Fund Accounts Payable JONELLE WOODRUFF 18.77 23586 10/09/2023 Sewer Enterprise Fund Accounts Payable JONELLE WOODRUFF 22.54 23586 10/09/2023 Sanitation Enterprise Fund Accounts Payable JONELLE WOODRUFF 12.64 Check Total: 53.95
23587 10/09/2023 Internal Service Fund Improvements Other Than Bldg ZACS AIR SYSTEMS 6,830.00 Check Total: 6,830.00
AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 13
-
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Report Total: 1,800,401.42
AP-Checks for Approval (10/5/2023 - 9:39 AM) Page 14
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
October 9, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Ana Jaramillo, Executive Assistant
SUBJECT: Authorizing Submittal of Grant Application to California Department of Resources Recycling and Recovery for SB 1383 Local Assistance Grant Program (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3435-23 authorizing submittal of a grant application to the California Department of Resources Recycling and Recovery (CalRecycle) for SB 1383 Local Assistance Grant Program; and authorizes and directs the City Manager, or her designee, to execute all documents on behalf of the City.
I. BACKGROUND/ANALYSIS:
In September 2016, Governor Edmund Brown Jr. set methane gas emissions reduction targets for California (SB1383 Lara, Chapter 395, Statues of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets must reduce organic waste disposal 50 percent by 2020 and 75 percent by 2025, and for people to eat at least 20 percent of currently disposed surplus food by 2025.
The Department of Resources Recycling and Recovery (CalRecycle) is administering a one-time grant program meant to provide aid in the implantation of regulations adopted by CalRecycle pursuant to Chapter 395, Statues of 2016 and SB170 Budget Act of 2021. This non-competitive grant program provides $92,000,000 of funding to local jurisdictions, for which the City of Atwater is estimated to be eligible up to $75,000, to assist with the implementation of regulation requirements associated with SB1383, including but not limited to:
• Capacity Planning
• Collection
• Edible Food Recovery
• Education and outreach (includes organic waste & edible food recovery) • Enforcement and Inspection
• Program Evaluation/Gap Analysis
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
• Procurement Requirements
• Record Keeping
II. FISCAL IMPACTS:
If awarded, staff will return to City Council and request approval for a budget amendment to appropriate revenue and expenditure.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item is consistent with goal number one (1) of the City's 2020-2025 Strategic Plan:
to ensure the City's continued financial stability
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
The steps following approval will include the City Manager, or her designee, executing any and all documents pertaining to the application.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Agenda Report - Page 3
Lori Waterman, City Manager
Attachments:
1. Resolution No. 3435-23 Approval to Apply for SB1383 Local Assistance Grant Program
CITY OF ATWATER
RESOLUTION
RESOLUTION NO. 3435 -23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER AUTHORIZING SUBMITTAL
OF GRANT APPLICATION TO THE DEPARTMENT
OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) FOR SB1383 LOCAL
ASSISTANCE GRANT PROGRAM
WHEREAS, The Department of Resources Recycling and Recovery (CalRecycle) is seeking applications to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statues of 2016; and WHEREAS, this non-competitive grant program will provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB1383; and WHEREAS, City of Atwater is estimated to be eligible for up to $75,000 to be used towards implementation of regulations requirements associated with SB 1383.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize the submission of a grant application for to CalRecycle for SB1383 Local Assistance Grant Program
BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby authorize and direct the City Manager, or she may delegate it to the Public Works Director, to sign all grant-related documents necessary to implement and close-out the grant.
The foregoing resolution is hereby adopted this 9th day of October 2023.
AYES:
NOES:
ABSENT:
Resolution No. 3435-23 Page 2
APPROVED:
_______________________________
MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
October 9, 2023
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief, Greg Thompson, Deputy City Manager/Community Development Director, Lori Waterman, City Manager
PREPARED
BY:
Michael Salvador, Police Chief
SUBJECT: Accepting the Qualified Bid, Authorizing and Approving a Purchase Agreement (Purchase Order) with Razzari Ford of Merced for the purchase of four (4) new 2023 Ford Lightning Battery Electric Pickup Trucks (Police Chief Salvador)
RECOMMENDED COUNCIL ACTION
Accepts qualified bids, authorizes and approves a Purchase Agreement (Purchase Order) with Razzari Ford of Merced, California, for four (4) new 2023 Ford Lightning Battery Electric Pickup Trucks in an amount not to exceed $325,226; and authorizes and directs the City Manager, or her designee, to execute the purchase on behalf of the City.
I. BACKGROUND/ANALYSIS:
At their regular City Council meeting of September 11, 2023, the City Council approved the issuance of Bid Call 721-23 for the purchase of four (4) new Ford Lightning electric pickup trucks as a part of a grant application with the San Joaquin Valley Air pollution control district. This bid call was appropriately displayed on the City's website pursuant to the city's purchasing manual. On September 21, 2023, a public bid opening was held for Bid Call 721-23. The City received one responsive bid. Razzari Ford of Merced, CA was the sole responsive bidder (Exhibit “A”).
The Police Department will be using two of the vehicles in the following roles: animal control and administration. These vehicles will fulfill needs identified by staff in the Police Department's FY 23-24 approved budget. The other two vehicles will be used as fleet expansion as a result of increased staffing in the Community Development and Administration Departments.
Staff requests the City Council accept the bid and authorize the execution of a purchase agreement with Razzari Ford for the purchase of up to four (4) Ford Lightning pickup trucks that match the specification in Bid Call 721-23, in an amount not to exceed
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
$325,226.
II. FISCAL IMPACTS:
The purchase has been accounted for in the approved Fiscal Year 2023-24 operating budget to be paid from the following accounts:
General Fund, City Administration-Machinery & Equipment: 0001-2020-6021; General Fund, Police Department Administration-Machinery & Equipment: 0001-2020-6021; General Fund, Community Development-Machinery & Equipment, 0001-4000-6021, and Public Safety Transactions and Use Tax Fund (Police)-Machinery & Equipment, 0004- 2020-6021.
The City will receive $80,000 ($20,000 per vehicle) in San Joaquin Valley Air Pollution Control District grants that will augment the appropriations in the budget.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1) and two (2) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
The Police Department will coordinate with the City Manager and Finance Department to execute the Purchase Order.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
The Police Department will coordinate with the Administration and Finance Department to execute the Purchase Order.
Submitted by:
Agenda Report - Page 3
Michael Salvador, Police Chief
Greg Thompson, Deputy City Manager/Community Development Director Submitted and Approved by:
Lori Waterman, City Manager
Attachments:
1. Exhibit A, Razzari Ford
SECTION 1
TECHNICAL SPECIFICATIONS
FOR FURNISHING FOUR (4) NEW FORD LIGHTNING BATTERY ELECTRIC PICKUPS
GENERAL DESCRIPTION OF INTENDED USE
The City of Atwater Police Department has applied a grant from the San Joaquin Valley Air Pollution Control district for the purchase of Four (4 ), Ford Lightning battery electric pickups.
The following specifications will be considered as minimum. The vehicles shall be of new, current Manufacture, model year 2023 or 2024. The unit shall be delivered completely assembled, serviced and ready to operate.
Bidder shall initial in the space provided for Minimum Specifications and Options to indicate that the bidder has read that item and is capable of supplying the item required. Do not initial the item if you are unable to supply the item as required. If unable to supply an item, indicate in writing the alternates that you can supply. The total proposed price on the proposal page must INCLUDE all of the specifications and options that are initialed or offered by the bidder.
Specifications:
Bidders Initials
Vehicle Type
1)g{. C:, Base VehicleP0S Base Vehicle Price (P0S)
Packages
XLT (312A) Minimum
Includes:
- 360-degree camera
- Signature front lighting
- Black fixed running boards
- Interior work surface
- 10-way Heated Cloth Bucket Seats
- Leather wrapped steering wheel
- Rear under seat storage bin
- Radio: AM/FM Stereo HD Radio and SiriusXM
- 20 in wheels
- 9.6 kw Pro Power Onboard
- LED Box lighting
- Ford Co-Pilot 360
- Intelligent access including approach detection
- Lariat 51 0a or 511 a are acceptable substitutions If available for immediate delivery
3
POWERTRAIN
3,J{ · C:i Dual e motor- extended or standard range battery: extended battery one vehicle (1) minimum, Standard range battery is acceptable for no more than three vehicles
4)ck-Qi
TRANSMISSION
Single gear electric drive.
WHEELS/ TIRES
s)J<- G Tires: 20 inch all season,
Wheels: 20" Dark Carbonized Gray
SEATS & SEAT TRIM
6)J<- G 10 Way Power Adjustable Cloth Drivers Seat - L~o. -\-~ c .«:
;;i,•\:.t,v)-\ () ~
ACCEPTABLE VEHICLE COLORS
1)d<-G
'
Oxford white, Gray, Iconic Silver, Black, Blue
Additive items from the base bid and separately from each other, The City of Atwater may at its discretion elect to purchase any or none of the following items. These items are to be considered additives to the base bid.
1) Three-year extended warranty
2) Model Year 2023 or 2024 (preference will be granted to vehicles that are available for immediate delivery)
3) Bedliner - Tough bed spray in
All equipment cataloged as standard from the factory shall be furnished by the factory and included in the purchase price. All requested options which are not part of any standard package shall be furnished and installed by the factory unless otherwise specified and shall also be included in the purchase price. Options which the factory is unable to furnish will be subject to approval or rejection by the City.
4
ATTACHMENT A
SIGNATURE SHEET
I/We the undersigned hereby certify that I/We am/are a duly authorized official of the company and have the authority to sign on behalf of the company and assure that all statements made in the bid are true. I/We agree to furnish and deliver the specified items/services at the prices stated herein, and have read, understand, and agree to the terms and conditions contained herein and on all of the attachments.
Name of Individual/Company: -gQl-.,1:;Q y-\ Ea y-(j
Business Address: \ :a ~L\ Pru±o ·c1:,v:rl::e.x:: 1) ('. Muc~ I QA OfS~ YD Telephone No.: 'c}O?l -~P)~- ~l_DJ:3 Fax: dCJ9- 3s4-3c.p3, County Business License No. Expiration Date: _
Name/Title of Authorized Official Dew i d lirJ - \X\ \ ~ £- \l?e,ro+l (J~ O \A earE-Mai1 Q lli IC 3 18> 'C O\Ll:.<A y-·, • CO m 18
THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID
ATTACHMENT B
BID SHEET
I/We agree that the prices stated herein will be firm for ninety (90) calendar days from the Bid Submittal Deadline.
'Item Price No. Qty Description
1. 4 FORD LIGHTNING BATTERY ELECTRIC $385 1 dd5 . \D PICKUPS 2 4 DELIVERY DATE AFTER AWARD OF ~D -LDo 1:>o.~ ()-n
CONTRACT ().(\ (<.~Co.\\ s (:)'( 500 ntr
TOTAL $ ~8~18a5, re ,._,,,
DATE 9 \ c1 \ oD&~ SIGNATURE:
THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID
19
ATTACHMENT C
REFERENCE LIST
1)NAME: M~,c~dL C~\J\~
ADDRESS: ~oad Jv\ si- titr;;] GA 9's~Yb
P.O. Box/Street City ~ State Zip
coNTACTPERsoN/TITLE: ~==== C-i=a - £\-e~t Mo.no.~
TELEPHONE NUMBER: ~_:2B:s_- t4LDlD FAX NUMBER:------
EMAIL ADDRESS: 'nu
13o . Ce~0i@CouD:b-iofcruycQ£\ , CC:) m
DOLLAR AMOUNT OF CONTRACT: { a , a , l o g s . o D
DATEANDSERvIcEsPRovIDED: b~c. 3()8a - NeMJ \/Qk1Ws
2)NAME: C,,w C:)t M~coJ .
\
ADDRESS: \t1lo ~ Q'(\ PrY'Q.. l"\ef02-d 0A. 9S3Yt)
P.O. Box/Stre~ City State Zip
corrr AcT PERsoNmTLE: ~J:J.~\Q(.Q 1?,:cc:,u,: h±D o - 1?ub \ ; c.. \)(lap:;-~ TELEPHONE NUMBER: ~- ~- U)C\ ~ 9°' FAX NUMBER: - McrxEMAIL ADDRESS: n<ou'nb±an L1'@C: lrjOP{'<\QJ(mJ . (Q(Y\ DOLLAR AMOUNT OF CONTRACT: '.$?1U>Y. 1 \J>Y8. =::, a:
DATE AND sssvices PRovIDED: Se,t> "a:)8 3 - Q o\ i <..0 V.O\a, W s 3) NAME: Gusrt (\9, I \Ab',£ ·1 ed sc½oO \ t,\ s±n ct
ADDRESS\ Sti) t<\RJc:ed,th Aw -C:-:1usf1Q,Q CJA 9 S~;:)a P.O. Box/Street City State Zip
coNTAcT PERsoN1TITLE: :R\J\SSRl\ \:ta cC\V\ -1)\ceclor a£ Mo.\ O"feV)qhc..Q, TELEPHONE NUMBER: 'ob9 - 5!)'}- D'i::>l2 I FAX NUMBER:_- _ EMAIL ADDRESS: '( \oClr:CLV\(o) cau st', a.~.l)Sc\ . Or:<} DOLLAR AMouNT or coNTRAcT: ---' ~=i---J- \9__._S~,-9-4---1- 0 ...... l.... n _ DATE AND sesvicss PROVIDED:~(? ~8 3 - N e.w V~h ~ cl Q s
THIS PAGE MUST BE COMPLETED AND RETURNED WITH BID
20
BID CALL NO. 721-23
FORD LIGHTNING BATTERY ELECTRIC PICKUPS
ADDITIVE ITEMS FROM BASE BID
3-YEAR EXTENDED WARRANTY
• FORD MID LEVEL EXTENDED WARRANTY - $645 PER VEHICLE- 3 YEAR/ 48,000 MILES • FORD PREMIUM EXTENDED WARRANTY - $750 PER VEHICLE - 3 YEAR/ 48,000 MILES
BEDLINER - TOUGH SPRAY IN BEDLINER
• $595 PER VEHICLE
SECTION 4
GENERAL TERMS AND CONDITIONS
1. 2.
Bid Rejection/Waiver of Informalities
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART
THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID AND MINOR IRREGULARITIES, TECHNICAL DEFECTS OR CLERICAL ERRORS.
The City's decision shall be final. The City's waiver of an immaterial defect shall in no way modify the bid documents or excuse the bidder from full compliance with its specifications if the bidder is awarded the bid.
Bonding Requirements
NO BOND WILL BE REQUIRED
3. Condition of Equipment Bid
If equipment is proposed, it is to be the newest and latest model in current production.
Used, re-manufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated under this bid.
4. Brand Names
Manufacturers' brand names and model numbers, when used, are for reference to indicate the character or quality desired. Equal items will be considered, provided your offer clearly describes the item. Offers for equal items must state the manufacturers brand and model number, or level of quality. The determination of the City of Atwater as to what items are equal is final and conclusive. When manufacturer's brands, model numbers or level of quality is not stated by bidder, the offer will be considered exactly as specified.
5. 6.
Payments, Invoicing and W-9 Certification Form
Payment will be made within 30 days of delivery and acceptance of the equipment.
Invoices shall be submitted for each billing. Invoice, shall be mailed or delivered to the City of Atwater whose name and address shall appear in the "INVOICE TO" section of any purchase order and/or contract as a result of this bid.
In addition to the itemized invoice(s) submitted by the successful bidder for payment, the successful bidder must also complete and submit a Form W-9, "Request for Taxpayer Identification Number and Certification", (www.irs.gov/pub/irs-pdf/fw9.pdf) to the City.
Both invoice(s) and W-9 form shall be forwarded to the City at the address indicated in the purchase order and/or contract. Upon approval by the City, the sum due hereunder shall be paid to the successful bidder within thirty (30) calendar days.
Delivery Hours
Any necessary delivery will be accepted from 9:00 a.m. to 3:00 PM, Monday through 9
7. Friday. If needed, the bidder shall state the approximate delivery date.
Damage of Items
All damages pursuant to items received by City due to the successful bidder's negligence shall be the responsibility of successful bidder to replace.
8. Alternate Bids
Alternate bids may be considered at the discretion of the City if alternate bids are called for in this bid. City will be the final authority to accept or reject an alternate bid.
9. Cash Discount
N/A
10. Pricing
Unless otherwise provided, the items/services stated herein will not be subject to any price increase from the date of acceptance of bid to the date of termination/extension as stated herein. If the successful bidder established prices for any items/services listed herein is decreased during the term of this bid, then such discounts/ reductions in price shall be immediately applicable so that City may have benefit of such lower prices.
11. Risk of Loss
The successful bidder shall bear risk of loss until goods have reached the final F.O.B.
Destination point. Thereafter, City shall bear risk of loss.
12. Prior to Shipment
While the successful bidder has risk of loss, the successful bidder agrees, at its own expense, to procure and carry suitable fire, and extended coverage insurance on material, work-in-process and any furnished items which comprise or will eventually comprise the Piece-of Equipment. The amount to be insured shall be the actual replacement value of said material, work-in-process and furnished items. Such insurance shall provide a loss payable clause in favor of the successful bidder as its interest may appear.
13. F.O.B. Point
If necessary, F.O.B. Destination to include inside delivery to:
CITY OF ATWATER
POLICE DEPARTMENT
750 BELLEVUE ROAD
ATWATER, CA 95301
14. Examination of Bid Documents
All bidders shall carefully examine the specifications herein and must fully inform themselves of the conditions and requirement of the items/services to be furnished.
Failure to do so will be at bidder's own risk and cannot secure relief on the plea of error, or dispute, or question such specifications and the directions explaining or interpreting 10
15. them.
Should a bidder find discrepancies in, or omissions from, the specifications, or should he/she be in doubt to their meaning, he/she shall at once notify the Cities' Public Works Department. Notification is to be in written form and must be submitted at least seven (7) work days prior to the Bid Submittal Deadline. Any interpretations by the City will be made in written form. Any change in requirements will be done in the form of a written addendum. The receipt of any resulting amendment must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions given before the award of the contract will not be binding upon the City.
All other questions should be in writing only and directed to the buyer shown on the "Cover Sheet" of this Invitation for Bid (IFB).
Request for Changes
The City reserves the right to order in writing changes in the bid or alterations, additions, or omissions at any time prior to acceptance of the items/services without voiding the bid, and the successful bidder shall comply with such order. The successful bidder may also request changes in the bid, but no work will be performed on such changes until the request is approved in writing by the City. Such changes shall be performed in accordance with the original bid requirements except as modified by an amendment.
Except as herein provided, the successful bidder shall have no claim for any other compensation due to changes in the work.
Any changes or deviation from the contract made without authority in writing from the City will be at the bidder's own risk. No such changes shall be made nor adjustment in compensation granted unless the successful bidder receives an executed amendment prior to making the changes.
16. Insurance
Bidder shall have normal liability workers compensation insurance for this project.
17. Qualification of Bidder
The City may make such investigation as it deems necessary to determine the ability of the bidder to provide the services requested herein, and the bidder shall furnish to the City all information and data for this purpose as the City may request. The City reserves the right to reject any bid should the evidence submitted by, or investigation of, the bidder fail to satisfy the City that such bidder is properly qualified to carry out the obligations of the bid and to complete the requirements contemplated therein.
18. Subcontracting
Any bidder using a subcontractor(s) must clearly explain the use of the subcontractor(s) and list the name(s) and address(es) of the subcontractor(s) providing work under this bid The successful bidder will be fully responsible for all work performed under this bid and will be considered as the Prime Contractor. Any subcontracting, or other legal arrangements made by the bidder are the sole responsibility of the bidder. Any contract 11
that is entered into between the successful bidder and the subcontractor(s) shall contain provisions for federal and state access to the books, documents, records, and inspection of work.
19. Default
In the event the successful bidder who is awarded a purchase order and/or contract resulting from this bid shall be in breach or default, the City may procure the items/services from other sources and may deduct from any monies due, or that may thereafter become due to the successful bidder, the difference between the price named in the purchase order and/or contract and actual cost thereof to the City. Prices paid by the City must be considered the prevailing market price at the time such purchase is made. These rights and remedies shall not be exclusive but in addition to any other rights and remedies provided by contract law.
20. Cancellation of Purchase Order and/or Contract
The City may terminate any purchase order and/or contract derived from this bid as follows:
a. WITH CAUSE (Default) at any time by giving ten (10) calendar days written notice to the successful bidder. Cancellation for cause shall be at the discretion of the Department of Administrative Services-Purchasing and shall be, but is not limited to, failure to supply the items, materials, equipment or services specified within the time allowed or within the terms, conditions or provisions of this bid.
The successful bidder may not cancel any purchase order and/or contract derived from this bid, without prior written consent of the Department of Administrative ServicesPurchasing.
21. Rejection of Bid
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART
THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID, AND ALSO TO WITHHOLD AWARD FOR A PERIOD OF NINETY (30) CALENDAR DAYS FROM DATE OF BID OPENING.
22. Nondiscrimination
a. During the performance of this bid, bidder and any sub-bidders shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, martial status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Bidder and sub-bidders shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Bidder and sub-bidders shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California 12
Administrative Code and incorporated into this contract by reference and made a part hereof as if set forth in full.
b. Bidder and any sub-bidders shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. ,
c. Bidder shall include the nondiscrimination and compliance provisions of the clause in all subcontracts to perform work under the contract. d. Bidder shall grant access by representative of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
23. Non-discrimination of the Disabled
The City will not aid or perpetuate discrimination against a qualified disabled individual by funding as an agency, organization, or person that discriminates on the basis of handicap in providing aid, benefit, or service to beneficiaries of the program or activity.
The City is committed to provide access to all City services, programs, and meetings open to the public for people with disabilities.
In this regard the City and all of its vendors and bidders will take all reasonable steps to ensure that disabled individuals have the maximum opportunity for the same level of aid, benefit, or service as any other individual.
24. Governing Law and Venue
This bid, or any contract that may result from the award of this bid, shall be deemed to be made under, and shall be governed byand construed in accordance with, the laws of the state of California. Any action brought to enforce the terms, or provision of this bid or any contract that may result from the award of this bid, shall have venue in the County of Merced, State of California.
25. Taxes
Sales Tax should be shown separately on the bid form, when and where indicated. The City is exempt from Federal Excise Tax and should not be included in your bid. If your company is outside California and collects sales tax, please state the amount as a separate item if the City is to remit the tax.
26. Samples
Samples of items, when required, must be furnished free of cost. Samples may be retained for future comparison. Samples which are not destroyed by testing or which are not retained for future comparison will be returned upon request at your expense.
27. Liabilities
The bidder shall hold the City, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances 13
furnished or used under this order, and agrees to defend, at its own expense, any and all actions brought against the City or bidder because of the unauthorized use of such items.
28. Warranty, Manufacturer
Manufacturer shall fully warrant all materials and equipment furnished under the terms of this bid against poor and inferior quality. While under warranty, manufacturer shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations. A copy or description of the manufacturer's warranty shall accompany each bid for the material and equipment proposed, detailing the scope and length of the warranty. Where the successful bidder is also the manufacturer of the materials or equipment provided under this bid, the Manufacturer's Warranty requirement will supersede the successful bidder warranty requirement of this bid.
29. Warranty, Successful Bidder
Successful bidder shall fully warrant all materials and equipment furnished under the terms of this bid against poor and inferior quality, for a period of not less than one (1) year from date of the final acceptance by the City. While under warranty, successful bidder shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations.
14
SECTION 5
AWARD OF BID
An evaluation team shall validate and evaluate all bids received. All requirements identified in this bid must be satisfied in order to ensure that a bid will qualify for consideration.
1. Lowest Responsive Bidder
Although competitive pricing is essential in the award of this IFB, consideration shall be given, but not limited to:
a. Lowest responsive bidder following assessment of 5% Local Business Purchasing Preference, if applicable.
b. The ability of the Bidder to comply with Terms and Conditions set forth herein. c. The ability of the Bidder to comply with the Specifications or Scope of Work set forth herein.
2. Lowest Responsible Bidder
a. The quality and performance of the supplies/equipment to be provided by the bidder; b. The ability, capacity and skill of the bidder to perform the contract or accomplish the transaction within the time specified, without delay;
c. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
d. The quality of bidder's performance on previous purchases by, or contracts with, the City;
e. The ability of the bidder to provide future maintenance, repair parts and services for the supplies/equipment provided;
3. Award
The City reserves the right to:
a. Award bids received on the basis of individual items/services, or groups of items/services, or on the entire list of items/services; b. Reject any or all responses, or any part thereof;
c. Waive any informality in the bids;
d. Accept the bid that is in the best interest of the City.
An evaluation of the bidder's ability, quality, and performance as set forth under Section
5.1, "Most Responsive Bidder" and Section 5.2, "Lowest Responsible Bidder", of this bid, will be used in addition to total cost as a basis of award for any ensuing contract. 15
4. Notice of Intent to Award
A "Notice of Intent to Award" will be sent to all participating Bidders upon conclusion of validation and evaluation of all bids submitted. This "Notice of Intent to Award" will be sent to all participating Bidders by U.S. postal mail, facsimile, and/or email.
5. Debriefing
A debriefing shall be held before the award of the Contract upon the timely request of an unsuccessful Bidder for the purpose of receiving information concerning the evaluation of the Bidder's bid response. The request must be in writing, dated, signed either by the Bidder or a legally authorized individual on behalf of the Bidder and be received by the City of Atwater City Clerk's Department within three (3) working days following the City's U.S. postal mail, email, or facsimile of the "Notice of Intent to Award". Each requesting Bidder will be allotted a maximum of one hour for any debriefing conference. The information provided by the City will be based on the evaluators' determinations of your company's submitted bid as it relates to the evaluation criteria as stated herein above.
The debriefing may be held, in the discretion of the City, by telephone conference call.
The debriefing is not the forum to challenge the bid's specification, requirements, or the selection criteria. The debriefing procedure provided herein to all requesting and unsuccessful Bidders to the City's Invitation For Bid is the exclusive and sole remedy and means of receiving information upon the respective Bidder's evaluation and preliminarily challenging of the award.
6. Protest
The protest process is made available in the event that an unsuccessful Bidder cannot reach agreement with the City after undergoing the debriefing process described herein above.
Should an unsuccessful Bidder request a debriefing, and believes its submittal to be the most responsive to the City's Invitation For Bid and that the City has incorrectly selected another Bidder for award, the appealing Bidder may submit a protest of the selection as described below:
All protests must be made in writing, dated, signed by the Bidder or an individual authorized to sign Contracts on behalf of the protesting Bidder, and contain a statement of the reason( s) for protest; citing the law( s ), rule( s) and regulation( s) or procedure( s) on which the protest is based. The protesting Bidder must provide facts and evidence to support the protest.
Protest(s) to City's notification to award must be sent either by U.S. mail, postage prepaid, or by personal delivery to:
City of Atwater
Attn: City Clerk
1160 Fifth St.
Atwater, Ca 95301
All protests in relationship to the City's intended award decision must be received by the City Manager no later than seven (7) working days following the City's U.S. postal mail, facsimile, or email of the "Notice of Intent to Award" to the Bidder. 16
7. Protest Procedures
A Bidder protesting the results of any of the processes described herein must follow the procedures set forth. By submitting a "Letter of Intent to Protest", the Bidder has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this proposal. Protests that do not follow these procedures shall not be considered. The protest procedures constitute the sole administrative remedy available to the Bidder under this procurement. Upon exhaustion of this remedy no additional recourse is available with the City of Atwater.
Upon receipt of the formal protest, the City Manager, or his/her designee, will attempt to resolve the protest. If the protest has not been resolved, the Bidder will have an opportunity to address the City Council stating their concerns. The decision of the City Council constitutes the final step of the Bidder's administrative remedy. A protest shall be disallowed when, in the judgment of the City Manager, or his/her designee, or City Council, it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the protester advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.
In the event that a protesting Bidder does not appear at the protest hearing as scheduled by City of Atwater, the protest will be disallowed.
17
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
October 9, 2023
TO: Mayor and City Council
FROM: Lori Waterman, City Manager
PREPARED
BY:
Eugene Drummond, Recreation Supervisor, Kristina Gardner, Recreation Coordinator
SUBJECT: Approving First Amendment to Use Agreement with Atwater Little League regarding use of City fields for organized Baseball, Softball and T-ball activities (City Manager Waterman)
RECOMMENDED COUNCIL ACTION
Approves the First Amendment of a Use Agreement, in a form approved by the City Attorney, with Atwater Little League for the use of Fireman’s Memorial Ballpark, Veteran’s Ballfield, Raymond Field, Darren Hershcler Field, Frank Reponte Field, Miyake Field, and T-ball Field at Osborn Park for organized Baseball, Softball and T-ball activities; and authorizes and directs the City Manager, or her designee, to execute the Use Agreement on behalf of the City.
I. BACKGROUND/ANALYSIS:
Atwater Little League has had three (3) agreements with the City of Atwater ("City") that began on December 15, 2016, February 28, 2000 and the current agreement which expires on September 30, 2026. Atwater Little League ("League") provides a safe playing environment for the youth in our community who participate in organized Baseball, Softball, and T-Ball activities.
The Atwater Little League has seen growth year after year with over 800+ participants in their league. With the continued growth, the league is asking for the use of additional fields within the City of Atwater. The additional fields include Fireman’s Memorial Ballpark and Veteran’s Park Ballfield.
Due to the fire that occurred prior to the start of the 2023 season, the League is requesting to extend their deadline to complete improvements outlined in their current Agreement. The League will continue providing organized activities for the youth in the local Atwater community. Should the new Agreement be approved, the new term of the Use Agreement shall be a one-year Agreement with two (2) additional one-year terms upon approval by the City Manager and shall commence on October 9, 2023. Both parties may terminate the agreement upon thirty (30) days' written notice.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
Atwater Little League provides a public benefit to the youth of the community, and therefore will not be charged for general maintenance services, field rental, and utilities in exchange for in-kind repair and work to the fields and dugouts.
II. FISCAL IMPACTS:
There is no additional fiscal impact associated with executing the Use Agreement between the City of Atwater and Atwater Little League. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item is consistent with goal number (6) of the City's 2020-2025 Strategic Plan: to Improve the Quality of Life.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all necessary departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to speak on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not a "project" under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
Upon approval by City Council, the City Clerk's office will route the Use Agreement for signature.
Submitted & Approved by:
Lori Waterman, City Manager
Attachments:
1. Atwater Little League Amendment with Exhibits
Agenda Report - Page 3
2. Atwater Little League 12-15-21 Use Agreement Use of City Fields for Organized Baseball, Softball, and T-Ball activities
First Amendment to Use Agreement between October 9, 2023 City of Atwater and Atwater Little League Page 1 of 4
FIRST AMENDMENT TO
ATWATER LITTLE LEAGUE USE AGREEMENT
This FIRST AMENDMENT (“First Amendment”) to the Atwater Little League USE AGREEMENT (“Agreement”) is made and entered into as of October 9, 2023 (“Effective Date”), by and between the CITY OF ATWATER (“City”) and ATWATER LITTLE LEAGUE (“League”). The City and League shall be referred to hereinafter individually as “Party” and collectively as “Parties”.
RECITALS
WHEREAS, the Parties entered into a Use Agreement dated December 15, 2021, which provides the terms and conditions of League’s use with a term ending September 30, 2026; and
WHEREAS, the Parties desire to amend conditions of the agreement to extend the timelines for improvements at Osborn Park, to include additional fields listed in the original agreement, and other modifications.
AGREEMENT
Section 1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference and made a part of this First Amendment.
Section 2. Effect of Original Agreement. Except as otherwise provided herein, all provisions, defined terms, and obligations in the Agreement remain in full force and effect.
The Parties agree that they continue to be bound by all terms of the Agreement, except as modified by this First Amendment. All capitalized terms used in this First Amendment, which are not otherwise defined in this First Amendment, shall have the meanings given to such terms in the Agreement.
Section 3. Term. The term of this Agreement, shall be a one-year Agreement with two (2) additional one-year terms upon approval by the City Manager and shall commence on October 9, 2023. This Agreement shall be cancelable by the League for just cause upon thirty (30) days written notice and by the City upon thirty (30) days’ notice, with or without cause.
Section 4. Fields. The defined term “Fields” in the Agreement is amended to also include Fireman’s Memorial Ballpark (located at 760 Elm Avenue, Atwater, California) and Veteran’s Ballfield (located at Veteran’s Memorial Park at 1698 Country Park 2, Atwater, California).
Section 5. Facilities. The defined term “Facilities” in the Agreement, is hereby amended to include Fireman’s Memorial Ballfield and Veteran’s Ballfield, and the score room and restroom/concession building at Fireman’s Memorial Ballfield.
First Amendment to Use Agreement between October 9, 2023 City of Atwater and Atwater Little League Page 2 of 4
Section 6. Exhibits. Exhibit B (depiction of Fireman’s Memorial Ballpark) and Exhibit C (depiction of Veteran’s Ballfield), are attached hereto and made part of this First Amendment.
Section 7. Amendment to Section 4 of the Agreement. Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following language:
“4. The League, at its expense, agrees to maintain in good repair the condition and serviceability of Facilities and City restrooms being utilized during the season by the League.”
Section 8. Amendment to Section 6.B. of the Agreement. Section 6.B. of the Agreement is hereby deleted in its entirety and replaced with the following language:
“B. Within three (3) years from the commencement of this agreement, League shall complete the following improvements to Osborn Park and Veteran’s Ballfield:
1. Before the start of the 2024 season:
a. Repair/replace the dugout roofs at Reponte & Miyake ballfields. b. Replace the signage at Raymond, Miyake, and Herschler (similar signage design as Miyake (metal).
c. Move current bleachers on the left of Miyake Ballfield to the backstop area.
d. Repair/replace wood benches in dugouts at Raymond, Miyake, Reponte, & Herschler ballfields.
2. Before the end of the 2024 season:
a. Replace Concession stand sinks with triple sink set up at Osborne Park.
b. Repaint the interior of the Concession at Osborne Park.
3. Before the start of the 2025 season:
a. Replace/repair bleachers at Reponte's third base side.
4. In progress 2023:
a. Replace scoreboards at Herschler and Raymond ballfields. b. Replace bleachers at Reponte.
Section 9. Amendment to Section 7. of the Agreement. Section 7. of the Agreement is hereby deleted in its entirety and replaced with the following language:
“7. League shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, and agents from and against any and all claims or demands for loss or damage, including, without limitation, property damage, death or injury to person, arising out of or relating to the use of the Fields or Facilities by the League; the acts or omissions of the League and its officers, officials, volunteers, or participants; any accident or fire on or about the Fields; any failure by League to keep the Fields or Facilities in a safe condition; and breach, default, violation or nonperformance of any provision of this Agreement.
First Amendment to Use Agreement between October 9, 2023 City of Atwater and Atwater Little League Page 3 of 4
For purposes of this Section only, the “Fields” or “Facilities” as used herein is expanded to include the surrounding parkland, ball fields, picnic shelters, concession and restroom areas, grass areas and playground areas, etc. at Osborn Park, Veteran’s Park, and at the Firemen’s Memorial Ballfield property.” Section 10. Integrated Agreement. The Agreement, as amended and as now modified by this First Amendment, contains all of the agreements of the Parties and all previous understandings, negotiations, and agreements are integrated in the Agreement.
Section 11. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this First Amendment are declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this First Amendment, which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties herein.
Section 12. Counterparts. This First Amendment may be executed simultaneously and in several counterparts each of which shall be deemed an original, but which together shall be deemed one and the same instrument.
Section 13. Authority. All Parties to this First Amendment warrant and represent that they have the power and authority to enter into this First Amendment 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 First Amendment have been fully complied with.
Section 14. Document Preparation. The First Amendment will not be construed against the Party preparing it but will be construed as if prepared by all Parties.
Section 15. Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Second Amendment with its own legal counsel and, based upon the advice of that counsel, freely entered into this First Amendment.
[Signatures on following page]
First Amendment to Use Agreement between October 9, 2023 City of Atwater and Atwater Little League Page 4 of 4
IN WITNESS WHEREOF, this First Amendment has been entered into by and between the City of Atwater and Atwater Little League as of the date of the Agreement set forth above.
CITY OF ATWATER LEAGUE
____________________________ ________________________________ Lori Waterman Atwater Little League
City Manager Robbie Sanchez, President
Attest:
____________________________
Kory J. Billings
City Clerk
Approved as to form:
____________________________
Frank Splendorio
City Attorney
Exhibit 8
Exhibit C
USE AGREEMENT
This use agreement ("Agreement") is made and entered this 15 th day of December at
Atwater, California, by and between the CITY OF ATWATER, a California municipal corporation (hereinafter called "City"), and ATWATER LITTLE LEAGUE, a California non-profit corporation (hereinafter called "League").
WITNESSETH
WHEREAS, the City is the owner, operator, and administrator of RAYMOND FIELD,
DARREN HERSHCLER FIELD, FRANK REPONTE FIELD, MIYAKE FIELD AND T-BALL FIELD (hereinafter called "Fields") located at Osborn Park on 501 E. Bellevue Road, Atwater, California (hereinafter called "Osborn Park"); and
WHEREAS, the League provide a safe playing environment for the youth of the City's community that participate in organized baseball, softball, and T-Ball activities; and WHEREAS, the League desires to make improvements to the Fields and to continue providing organized baseball activities to area youth in the local Atwater community; and WHEREAS, the City desires to continue to allow the use of RAYMOND FIELD, DARREN HERSHCLER FIELD, FRANK REPONTE FIELD, MIYAKE FIELD AND T-BALL FIELD at Osborn Park by the League for the purposes of providing organized baseball, softball, and T-Ball activities.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree for themselves, their successor, legal representatives, and assign as follows:
1. The City hereby grants the League, subject to the terms and conditions hereinafter contained, the right to use, subject to reasonable scheduling and accessibility, the Fields, two score rooms, and the concession building (collectively hereinafter referred to as "Facilities") located at Osborn Park located at 501 East Bellevue Road, Atwater, California.
A true and correct depiction of such Fields, score rooms, and concession building is depicted in Exhibit "A." The City retains the right to schedule the use of said Facilities for City-sponsored events and other activities deemed appropriate by the City as owner, operator, and administrator of the Fields, Facilities, and Osborn Park. Further, FRANK REPONTE and MIYAKE FIELDS will only be available when the City of Atwater Recreation and Community Events Department is not utilizing, or scheduled to utilize, said Fields.
2. The term of this Agreement shall commence on December 15, 2021, and shall end as of September 30, 2026, cancelable by the League for just cause upon thirty (30) days written notice and by the City upon thirty (30) days' notice, with or without cause.
3. There shall be no charge in the form of rent or deposit imposed on the League for use of or access to the Fields or facilities.
4. The City agrees to provide and maintain portable restrooms at its expense to the League. 1
5. The City agrees to furnish utilities to include, electrical, water, sewer, refuse collection, and general maintenance services (mowing, weed eating, general maintenance) at the Facilities through September 30, 2026. However, within one year of the commencement of this Agreement, and at least one time annually thereafter, the parties shall meet for the purposes of evaluating this Agreement and discussing the possibility of sharing the costs related to the ongoing provision of these services. The City reserves the right to terminate this Agreement pursuant to section 2 if costs become infeasible for the City. 6 In consideration of the above City contributions, League shall make the following improvements to the Fields at Osborn Park:
A. The League agrees to the following items annually during the baseball season:
1. Bring in all necessary dirt for the infields and outfields for the Fields.
2. Maintain all Fields ready for ball play.
3. Manage parking and set up necessary barricades provided by the City to prevent parking in non-designated areas.
4. Bring in one Conex box for storage purposes and remove it within 30 days of the end of each season.
5. Input all Fields usage into the City Recreation calendar utilizing the CivicRec program.
6. Fully maintain the condition and serviceability of scoreboards on the Fields on a year-round basis (in and out of season); to include bulb replacement, scoreboard controls, and damage caused by vandalism.
7. Pick up and dispose of all trash generated from Atwater Little League sponsored activities, such as, but not limited to practices, league games, and tournaments.
8. To remove any graffiti that any of the buildings receive at Osborn Park during the Little League season. Said removal will be performed by League representatives with paint supplied by the City. The City will provide graffiti abatement services to these building during the off season.
9. Fully maintain the condition and serviceability of all lights and light poles on a year-round basis (in and out of season); to include bulb replacement, and/or damage caused by vandalism. With the exception of the FRANK REPONTE FIELD lights that are on the cellular tower and any underground wiring.
10. Full maintain the serviceability of the Snack Shack and storage rooms associated with that structure.
B. Within two (2) years from the commencement of this agreement, League shall complete the following improvements at Osborn Park:
At League's sole expense, replace the memorial signs on RAYMOND and DARREN HERSCHLER FIELDS with only signage approved by the City of Atwater.
2. At League's sole expense, replace and install new wood in/on the bleachers and dugouts on FRANK REPONTE FIELD.
2
3. At League's sole expense, paint or upgrade all bleachers at Osborn Park as required by City.
C. Before the expiration of the term of this Agreement, League shall have completed the following improvements
1. At League's sole expense, replace the memorial signs on MIYAKE FIELD with only signage approved by the City of Atwater.
2. At League's sole expense, modify MIYAKE FIELD to a condition more conducive to play All modifications to be approved by the City.
3. Replace the existing sink with a three-compartment sink in the Snack Shack.
D. League further covenants and agrees:
1. To meet all expenses of operation, maintenance, and repair, except as noted in paragraph 4, above, including, without limitation by reason of enumeration, all employment and non-employment taxes, permit fees, and City business license fees. And that it will secure all such permits and licenses, required by the City.
2. No person or group of persons on the grounds of race, creed, religion, sex, marital status, sexual orientation, color or national origin or ancestry or disability shall be excluded from participation, denied the benefits of or be otherwise subject to discrimination in the use of said facilities or services by League.
3. The League shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, the general aggregate limit shall be twice the required occurrence limit. League's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. 4 Any failure to comply with reporting provisions of the policies by the League shall not affect coverage provided to City and its officers, employees, agents, and volunteers
5. Coverage shall state that League's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. Coverage shall contain a waiver of subrogation in favor of the City.
7. The Certificate of Insurance must list the "City of Atwater" listed as ADDITIONAL INSURED in the field entitled "Description of Operations."
8. The Certificate of Insurance must list the "City of Atwater" in the field entitled "Certificate Holder"
9. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, 3
has been given to the City. league shall notify City within fourteen (14) days of notification from Contractor's insurer if such coverage is suspended, voided or reduced in coverage or in limits.
7. League shall keep and hold harmless City from and defend and indemnify City against any and all claims, demands, suits, judgements, costs and expenses asserted by any person or persons, including agents or employees of City or League, by reason of death or injury to person, or loss or damage to property occurring in, on, or about Osborn Park during the period of time and for those activities specifically related to the use, improvements and maintenance of property by League. For the purpose of this section, property is expanded to include the surrounding park land, ball fields, picnic shelter, grass area and playground equipment at Osborn Park.
8. In the event of abandonment of the facilities or any portion thereof, or discontinuance of League's operations or required services, or any portion thereof, City shall not be responsible for the custodial protection of merchandise, fixtures or equipment left or abandoned, even though it is necessary for the City to remove same from the premises for storage or disposal.
9. In the event of breach of this Agreement by League, City shall be entitled to all rights and remedies provided by law in addition to specific remedies pertinent herein. It is expressly agreed that in the event League creates or caused any breach of this agreement or the terms thereof or holds over after the expiration of this lease, City shall have the right and option to enter said premises, take possession thereof, and remove all persons and property there will without the benefit of court order, and to exercise any and all rights provided by law or by this lease.
10. At the expiration of this Agreement, League promises and agrees to deliver unto the City said premises in as good conditions as at the date of the execution of this Agreement, reasonable wear and tear expected.
11. The City shall be permitted to enter, and view said premises at any and all times for the purposes of inspecting or maintaining such premises and doing any and all things with reference thereto which City is obligated to do or which may be deemed necessary or desirable.
12. Osborn Park shall NOT be used for any illegal purposes; and League, in using Osborn Park, shall comply with all federal, state, and local laws statutes or ordinances, rules, regulations, polices, procedures, orders and directives.
13. Any notice of communication to City or League shall be deemed validly served upon deposit in the United States mail, registered and proper postage prepaid, address to the respective party at the address as either party may designate to the other by notice in accordance with provisions hereof.
14. This Agreement shall not be modified except by writing by all parties. 4
15. This Agreement is not assignable.
16. Any waiver of any breach of covenants or conditions herein contained to be kept and performed by either party shall be effective only if in writing and shall not operate to bar or prevent the other party from declaring a forfeiture of exercising its right for and succeeding breach of either the same or other conditions or covenant.
17. Any written notices to parties shall be sent to the following designated addresses:
To ATWATER LITTLE LEAGUE
Craig Fleming, President
PO Box 121
Atwater, CA 95301
(For Insurance update requests)
webinfo@atwaterl ittleleague. org
209-357-5150
To CITY:
City of Atwater
Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301
[email protected]
209-357 -6300
[Signatures on following page]
5
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on this 15
th day of December 2021.
CITY OF ATWATER
fhn:~a.l Corporation cf~
, t~~
Lori Waterman, City Manager
ATWATER LITTLE LEAGUE
ATTEST:
APPROVED AS TO FORM:
~.,d--o,-io-,-C-it_y_A_tt_or_n_e_y
6
EXHIBIT A
7
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
October 9, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Jim Vang, Civil Engineering Assistant
SUBJECT: Accepting the Palm Avenue Improvement Project as Complete (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Accepts work done under the contract for Palm Avenue Improvements, City Project 22- 06; authorize and direct the City Manager to sign a Notice of Completion and have it recorded on behalf of the City; and authorize a final payment in the amount of $5,580.
I. BACKGROUND/ANALYSIS:
At their regular meeting of April 24, 2023, the City Council awarded a contract to Redstone Construction Inc, of Atwater California for Palm Avenue improvements.
Improvements are along the east side of Palm Avenue from Bellevue Road and continue south along Palm Avenue approximately 285 feet to the first drain inlet. The work consists of replacing the damaged sidewalk, driveway approach, curb and gutter, and pavement to the centerline.
The work was satisfactorily completed in accordance with the plans and specifications.
Total amount of contract is $111,600. Staff has inspected the work and finds it acceptable.
The Notice of Completion has been prepared (EXHIBIT “A”) for this project. A final payment in the amount of $5,580 (5% retention) will be released upon recordation of the Notice of Completion.
II. FISCAL IMPACTS:
Sufficient funding to pay the retention amount of $5,580 is contained in the Project Retention liability account; 1010-0000-4101. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item was reviewed by the City Attorney’s office.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
IV. EXISTING POLICY:
This item is consistent with goal number two (2) of the City of Atwater's 2020-2025 Strategic Plan: to improve public safety.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301, “Existing Facilities” Class1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval, the City Manager will execute the Notice of Completion and the City Clerk’s office will record the Notice; the final payment to Redstone Construction Inc. will be processed. Acceptance of the Contract begins the 1 year guarantee period, during which staff monitors the completed improvements for any required corrective work. Contract bonds remain in place for 1 year or until the completion of any required corrective work.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. Exhibit A - Notice of Completion (Palm Ave)
Agenda Report - Page 3
Recorded at the request of:
CITY CLERK
Return to
CITY OF ATWATER
750 BELLEVUE ROAD
ATWATER, CA 95301
NOTICE OF COMPLETION
(INDIVIDUAL OR CORPORATION)
Notice is Hereby Given That:
1. The work of improvement as a whole was completed upon the hereinafter described real property on: October 09,2023.
2. The name and address of the owner giving and filing this notice:
Name Street and No. City State
CITY OF ATWATER 750 BELLEVUE ROAD ATWATER CALIFORNIA
The interest of said owner was acquired subsequent to the commencement of the work of improvement from:
Name Street and No. City State
N/A
The names and addresses of all other co-owners, if any, who own an estate or interest in said real property, whether as joint tenants or tenants in common, or otherwise, are:
Name Street and No. City State
N/A
3. That the nature of the interest or estate of the owner in and to said real property is in fee: _______yes________
4. That the name of the original contractor for the work of improvement referred to above is: Redstone Construction Inc. of Atwater, CA
5. That the street address of said property is: East side of Palm Avenue just south of Bellevue Road, CA 95301.
6. That the real property herein referred to is situated in the City of Atwater, County of Merced, State of California, and particularly described as follows:
Palm Avenue Improvement Project
City Project No. 22-06
Verification for CORPORATE owner: _______________________________________
LORI WATERMAN, CITY MANAGER
STATE OF CALIFORNIA
} ss
County of Merced
On before me, Janell Martin, Notary Public, personally appeared Lori Waterman, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________
JANELL MARTIN, NOTARY PUBLIC
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
October 9, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Ana Jaramillo, Executive Assistant
SUBJECT: Adopting the Initial Study/Negative Declaration for the Lower Shaffer Storm Drain Project; Approving Budget Amendment Amending the 2023-24 Fiscal Year budget regarding the Lower Shaffer Drainage Improvement Project and Awarding a
Professional Services Agreement to GHD for Civil Engineering Services (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Motion to Adopt Resolution 3431-23 adopting the Initial Study/Negative Declaration for the City of Atwater Lower Shaffer Storm Drain Project and making the required environmental findings pursuant to the California Environmental Quality Act (CEQA); and
Motion to Adopt Resolution No. 3434-23 Approving Budget Amendment No. 7 Amending the 2023-24 Fiscal Year budget regarding the Lower Shaffer Drainage Improvement Project; and
Motion to award a Professional Services Agreement, in a form approved by the City Attorney, to GHD of Roseville, California for Civil Engineer Services for the Lower Shaffer Drainage Improvements Project 22-07 in an amount not to exceed $649,989.00; or
Motion to adopt staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
On December 10, 2022, heavy rains flooded the area known as Lower Shaffer. Both stationary pumps and potable pump located at the Centennial Storm Station were operating, but could not discharge water fast enough to prevent flooding in the area.
Following the flooding, City Council and staff were determined to find a solution to prevent the flooding of Lower Shaffer during heavy rains. After consulting with engineers, it was recommended that constructing a storm basin/pump station that could hold the water, as well as discharge the water into a canal, would be the most effective
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
solution to prevent flooding.
City staff began looking at properties near the area of Lower Shaffer for the construction of the basin. It became clear there were two choices about where the basin could be built. The basin could be built inside of Osborn Park, but this would require the loss of baseball fields and recreational space, or the swim club property and the property adjacent to the north. Due to the need for recreational space in the city, staff recommended acquiring the former swim club property and adjacent parcel for the purpose of constructing a basin for storm water runoff.
At the February 27, 2023 City Council Meeting, the City Council adopted Resolution No. 3375-23 approving Budget Amendment No. 13 amending the 2022-2023 fiscal year budget regarding the purchase of real property 255 E Bellevue Rd Atwater, CA, more particularly described as APN 0156-060-013 and 0156- 060-014. The property has direct access to Bellevue Rd.The acquisition consisted of a full acquisition of the property for the City to construct a new storm basin for lower shaffer drainage area project 22-07. The property has good access with direct access to Bellevue Rd. The property is rectangular in shape.The two parcels of land are approximately 2.7 acres.
The property is zoned General Commercial District (C-G) and it is currently unimproved and vacant. There are no site improvements within the acquisitions area.
Since acquiring the properties, the city has begun the process of installing improvements to its storm water collection system, specifically the impacted area known as Lower Shaffer. To connect the basin to the future system improvements, the city needed to acquire a perpetual easement and right-of way over the identified property located at 273 East Bellevue Road, Atwater, CA 95301, more particularly described as APN 156-060-023. At the July 10, 2023 City Council meeting, the city adopted Resolution No. 3413-23 approving and authorizing the purchase and sale agreement for Lower Shaffer Storm Drain Project No. 22-07 for a perpetual easement and right of way for public utilities.
The City is the lead agency for the preparation and consideration of environmental documents for the Project, as defined in CEQA and State of California Guidelines for the Implementation of the California Environmental Quality Act. Staff undertook the scoping of the Lower Shaffer Storm Drain Project and completed the preparation and public circulation of an Initial Study/Negative Declaration pursuant to the California Environmental Quality Act (CEQA).
The construction of a storm basin/pump station to hold water, as well as discharge the water into a canal to effectively prevent any future flooding is a complex project requiring both the acquisition of real property and the design, construction, and operation of a new storm basin/pump station.
All requirements for publication, responsible agency review, and noticing have been made. Additionally, the City hosted a public informational community meeting for the Project and distributed a Notice of Intent to adopt the Initial Study/Negative Declaration
Agenda Report - Page 3
during the required 30-day publication period pursuant to the CEQA Guidelines.
The proposed resolution, if adopted, would make the required environmental findings pursuant to the California Environmental Quality Act (CEQA), adopt the Negative Declaration for the City of Atwater Lower Shaffer Storm Drain Project, and direct staff to file a Notice of Determination with the County of Merced within five (5) working days.
On April 25, 2023, the City of Atwater solicited a Request for Proposal (RFP) for Civil Engineer Services for the Lower Shaffer Drainage Improvements Project 22-07. The scope of work includes preparing a new storm drain study of the tributary area and completing the design of storm drain infrastructure upgrades, a new detention basin, and new storm drain pump station with discharge to an existing irrigation canal.
After the close of the solicitation period, on June 8, 2023, two proposals were received and evaluated. After review and careful consideration of the selection criteria identified in the RFP, the committee identified the top-ranked firm and makes a recommendation to select the proposal submitted by GHD of Roseville, California, in an amount not to exceed $649,989. The scope of work (Exhibit B) and cost proposal (Exhibit C) are attached.
II. FISCAL IMPACTS:
Upon adoption of Resolution No. 3434-23, approving Budget Amendment No. 7, the approved budget amendment will increase the expense account 6010-1080-W009, Capital Fund Project, Lower Shaffer Storm Drain Project for Fiscal Year 2023-24, in the amount of $400,000. Upon transfer, the Lower Shaffer Storm Drainage Fund will have enough funds.
This item has been reviewed by the Finance Director.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1) and two (2) of the City's Strategic Plan: to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City
Agenda Report - Page 4
Council action.
VIII. ENVIRONMENTAL REVIEW:
This matter involves the making of environmental findings and determination, and the adoption of environmental documents by the City Council pursuant to the California Environmental Quality Act (CEQA). All required notices and publications have been made.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council's approval, staff will file a Notice of Determination with the Merced County Clerks Office within five (5) working days of the adoption of this Resolution. The Professional Service Agreement will be routed for signatures.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. Resolution No. 3431-23 Adopting the Initial Study - Negative Dec for Lower Shaffer Drain Project
2. Public Review Draft ISND_Lower Shaffer Road Drainage Improvement
3. Resolution 3434-23 Amending 2023-24 FY Budget regarding Lower Shaffer Drainage Improvement Project
4. Exhibit A Professional Service Agreement
5. Exhibit B Scope of Work
6. Exhibit C Cost Detail
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3431-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATWATER ADOPTING THE INITIAL STUDY/NEGATIVE
DECLARATION FOR THE CITY OF ATWATER LOWER
SHAFFER STORM DRAIN PROJECT AND MAKING THE
REQUIRED ENVIRONMENTAL FINDINGS PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, on December 10, 2022, heavy rains flooded the area known as Lower Shaffer. Both stationary pumps and a potable pump located at the Centennial Storm Station were operating but could not discharge water fast enough to prevent flooding in the area. Following the flooding, City Council and staff were determined to find a solution to prevent the flooding of Lower Shaffer during heavy rains. After consulting with engineers, it was recommended that constructing a storm basin/pump station that could hold the water, as well as discharge the water into a canal, would be the most effective solution to prevent flooding; and
WHEREAS, at the regularly scheduled Council Meeting of February 27, 2023 City council adopted Resolution No. 3375-23 authorizing the Sewer Enterprise Fund to purchase real property located at 255 E. Bellevue Road, Atwater, CA 95301, more particularly described as Assessor's Parcel No.'s 156-060-013 and 156-060-014. The acquisition consisted of a full acquisition of the property for the City to construct a new storm basin for Lower Shaffer Drainage area Project 22-07; and
WHEREAS, the city has begun the process of installing improvements to its storm water collection system, specifically the impacted area known as Lower Shaffer. To connect the basin to the future system improvements, the city will need to acquire a perpetual easement and right-of way over the identified property located at 273 East Bellevue Road, Atwater, CA 95301, more particularly described as Assessor's Parcel No. 156-060-023; and
WHEREAS, at the regular city council meeting of July 10, 2023 City council adopted Resolution No. 3413-23 authorizing the purchase for a perpetual easement and right of way for public utilities for property located at 273 East Broadway Road, Atwater, CA 95301, more particularly described as Assessor’s Parcel No. 156-060-023; and
Resolution No. 3431-23 Page 2
WHEREAS, the City intends to implement the Lower Shaffer Storm Drain Project and determined that the Project is subject to California Environmental Quality Act (CEQA) and prepared an initial study evaluating the potential environmental effects of the Project; and
WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the Project, as defined in the CEQA and the State of California Guidelines for the Implementation of the California Environmental Quality Act; and,
WHEREAS, an Initial Study/Negative Declaration was prepared for the Project and was circulated for a 30-day public and responsible-agency review on September 8, 2023, in compliance with the requirements of CEQA Sections 15063 “Initial Study” and 150272, and a complete copy of the document is on file and can be viewed at the City of Atwater Website under Public Notices; and,
WHEREAS, the Initial Study/Negative Declaration, the Determination, and the Lower Shaffer Storm Drain Project shall not have a detrimental effect on the health, safety, and welfare of the neighborhood(s) nor have any adverse effect on the community as a whole; and,
WHEREAS, the City Council has reviewed and considered the Negative Declaration, the comments received to date and the responses prepared and intends to take actions on the Project in compliance with CEQA and the State of California Guidelines for the Implementation of the California Environmental Quality Act; and, WHEREAS, the Negative Declaration is, by this reference, incorporated into this Resolution as if fully set forth herein; and,
WHEREAS, the City Council makes the following findings:
1. That the forgoing recitals are true and correct.
2. That the Atwater City Council has independently reviewed, analyzed, and considered the Initial Study/Negative Declaration and the whole record before it (and comments received) and, based on the foregoing, the Atwater City Council hereby finds that all environmental impacts of the Project are below a level of significance and there is no substantial evidence that the Project will have a significant adverse effect on the environment.
3. That the Initial Study/Negative Declaration has been completed in compliance with CEQA and consistent with the State of California Guidelines for the Implementation of the California Environmental Quality Act.
4. That the Notice to Intent to adopt the Initial Study/Negative Declaration have been published, duly noticed and filed with all applicable agencies and
Resolution No. 3431-23 Page 3
publications under provisions of and in compliance with sections 15063 and 15072 of the California Environmental Quality Act (CEQA Guidelines).
5. That the Initial Study/Negative Declaration is adequate to serve as the required CEQA environmental documentation for the Project.
6. That all the mandatory findings set forth in the Atwater Municipal Code can be made.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Atwater does hereby adopt and certify the Initial Study/Negative Declaration for the Lower Shaffer Storm Drain Project and directs staff to file a Notice of Determination with the Clerk of the County of Merced within five working days of the adoption of this Resolution.
The foregoing resolution is hereby adopted this 9th day of October 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
MIKE NELSON, MAYOR
ATTEST:
KORY J. BILLINGS, CITY CLERK
Lower Shaffer Road Drainage Improvement Project
INITIAL STUDY –NEGATIVE DECLARATION
PUBLIC REVIEW DRAFT
AUGUST 2023
Prepared for
City of Atwater
750 Bellevue Road
Atwater, CA 95301
Prepared by
Precision Civil Engineering, Inc.
1234 O Street
Fresno, CA 93721
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 2 Table of Contents
1 INTRODUCTION.................................................................................................................................... 7
1.1 Regulatory Information................................................................................................................. 7
1.2 Document Format......................................................................................................................... 7 2 ENVIRONMENTAL CHECKLIST FORM.................................................................................................... 9
2.1 Project Title................................................................................................................................... 9
2.2 Lead Agency Name and Address................................................................................................... 9
2.3 Contact Person and Phone Number ............................................................................................. 9
2.4 Study Prepared By......................................................................................................................... 9
2.5 Project Location ............................................................................................................................ 9
2.6 Latitude and Longitude ................................................................................................................. 9
2.7 General Plan Designation............................................................................................................ 12
2.8 Zoning ......................................................................................................................................... 12
2.9 Description of Project ................................................................................................................. 15
2.10 Project Setting and Surrounding Land Uses................................................................................ 16
2.11 Other Public Agencies Whose Approval is Required................................................................... 16
2.12 Consultation with California Native American Tribes.................................................................. 17 3 DETERMINATION................................................................................................................................ 18
3.1 Environmental Factors Potentially Affected ............................................................................... 18
3.2 Determination............................................................................................................................. 18 4 EVALUATION OF ENVIRONMENTAL IMPACTS .................................................................................... 20
4.1 AESTHETICS................................................................................................................................. 20
4.1.1 Environmental Setting ........................................................................................................ 20
4.1.2 Impact Assessment............................................................................................................. 21
4.1.3 Mitigation Measures........................................................................................................... 22
4.2 AGRICULTURE AND FORESTRY RESOURCES ................................................................................ 23
4.2.1 Environmental Setting ........................................................................................................ 23
4.2.2 Impact Assessment............................................................................................................. 24
4.2.3 Mitigation Measures........................................................................................................... 25
4.3 AIR QUALITY................................................................................................................................ 26
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 3
4.3.1 Environmental Setting ........................................................................................................ 26
4.3.2 Impact Assessment............................................................................................................. 31
4.3.3 Mitigation Measures........................................................................................................... 32
4.4 BIOLOGICAL RESOURCES............................................................................................................. 33
4.4.1 Environmental Setting ........................................................................................................ 34
4.4.2 Impact Assessment............................................................................................................. 39
4.4.3 Mitigation Measures........................................................................................................... 41
4.5 CULTURAL RESOURCES ............................................................................................................... 42
4.5.1 Environmental Setting ........................................................................................................ 42
4.5.2 Impact Assessment............................................................................................................. 43
4.5.3 Mitigation Measures........................................................................................................... 44
4.6 ENERGY ....................................................................................................................................... 45
4.6.1 Environmental Setting ........................................................................................................ 45
4.6.2 Impact Assessment............................................................................................................. 46
4.6.3 Mitigation Measures........................................................................................................... 46
4.7 GEOLOGY AND SOILS .................................................................................................................. 47
4.7.1 Environmental Setting ........................................................................................................ 48
4.7.2 Impact Assessment............................................................................................................. 49
4.7.3 Mitigation Measures........................................................................................................... 51
4.8 GREENHOUSE GAS EMISSIONS ................................................................................................... 52
4.8.1 Environmental Setting ........................................................................................................ 52
4.8.2 Impact Assessment............................................................................................................. 54
4.8.3 Mitigation Measures........................................................................................................... 57
4.9 HAZARDS AND HAZARDOUS MATERIAL ...................................................................................... 58
4.9.1 Environmental Setting ........................................................................................................ 58
4.9.2 Impact Assessment............................................................................................................. 60
4.9.3 Mitigation Measures........................................................................................................... 62
4.10 HYDROLOGY AND WATER QUALITY ............................................................................................ 63
4.10.1 Environmental Setting ........................................................................................................ 64
4.10.2 Impact Assessment............................................................................................................. 66
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 4
4.10.3 Mitigation Measures........................................................................................................... 69
4.11 LAND USE PLANNING.................................................................................................................. 70
4.11.1 Environmental Setting ........................................................................................................ 70
4.11.2 Impact Assessment............................................................................................................. 70
4.11.3 Mitigation Measures........................................................................................................... 71
4.12 MINERAL RESOURCES ................................................................................................................. 72
4.12.1 Environmental Setting ........................................................................................................ 72
4.12.2 Impact Assessment............................................................................................................. 72
4.12.3 Mitigation Measures........................................................................................................... 73
4.13 NOISE .......................................................................................................................................... 74
4.13.1 Environmental Setting ........................................................................................................ 74
4.13.2 Impact Assessment............................................................................................................. 75
4.13.3 Mitigation Measures........................................................................................................... 77
4.14 POPULATION AND HOUSING ...................................................................................................... 78
4.14.1 Environmental Setting ........................................................................................................ 78
4.14.2 Impact Assessment............................................................................................................. 78
4.14.3 Mitigation Measures........................................................................................................... 79
4.15 PUBLIC SERVICES......................................................................................................................... 80
4.15.1 Environmental Setting ........................................................................................................ 80
4.15.2 Impact Assessment............................................................................................................. 81
4.15.3 Mitigation Measures........................................................................................................... 82
4.16 RECREATION ............................................................................................................................... 83
4.16.1 Environmental Setting ........................................................................................................ 83
4.16.2 Impact Assessment............................................................................................................. 83
4.16.3 Mitigation Measures........................................................................................................... 83
4.17 TRANSPORTATION ...................................................................................................................... 84
4.17.1 Environmental Setting ........................................................................................................ 84
4.17.2 Impact Assessment............................................................................................................. 86
4.17.3 Mitigation Measures........................................................................................................... 86
4.18 TRIBAL CULTURAL RESOURCES ................................................................................................... 87
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 5
4.18.1 Environmental Setting ........................................................................................................ 87
4.18.2 Impact Assessment............................................................................................................. 87
4.18.3 Mitigation Measures........................................................................................................... 88
4.19 UTILITIES AND SERVICE SYSTEMS................................................................................................ 89
4.19.1 Environmental Setting ........................................................................................................ 89
4.19.2 Impact Assessment............................................................................................................. 90
4.19.3 Mitigation Measures........................................................................................................... 91
4.20 WILDFIRE..................................................................................................................................... 92
4.20.1 Environmental Setting ........................................................................................................ 92
4.20.2 Impact Assessment............................................................................................................. 92
4.20.3 Mitigation Measures........................................................................................................... 93
4.21 MANDATORY FINDINGS OF SIGNIFICANCE ................................................................................. 94
4.21.1 Impact Assessment............................................................................................................. 94
4.21.2 Mitigation Measures........................................................................................................... 95 5 REPORT PREPARATION....................................................................................................................... 96 6 APPENDICES ....................................................................................................................................... 97
6.1 Appendix A: CNDDB Occurrence Report..................................................................................... 97
6.2 Appendix B: CHRIS Search Record............................................................................................... 98
6.3 Appendix C: NAHC SLF Results Letter.......................................................................................... 99 Figures
Figure 2-1 Project Location...................................................................................................................................... 10 Figure 2-2 Project Site Aerial Image......................................................................................................................... 11 Figure 2-3 City of Atwater General Plan Land Use Designation (Existing)................................................................ 13 Figure 2-4 City of Atwater Zoning District (Existing) ................................................................................................ 14 Figure 4-5 CNDDB Species Occurrences .................................................................................................................. 37 Tables
Table 2-1 Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties........................ 16 Table 4-1 SJVAPCD Recommended Air Quality Thresholds of Significance2F.......................................................... 29
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 6 Table 4-2 SPAL Significance Thresholds................................................................................................................... 31 Table 4-3 Special-Status Species Occurrences within 5-mile radius of Project site ................................................. 36 Table 4-4 Essential Habitats and Potential Existence of Special-Status Species on Site........................................... 38 Table 4-5 Consistency with General Plan Energy Conservation Policies.................................................................. 46 Table 4-6 Scoping Plan Priority GHG Reduction Strategies Consistency Analysis .................................................... 55 Table 4-7 Atwater General Plan – Seismic and Public Safety, “Flooding” and “Dam Inundation Areas” ................. 65 Table 4-8 Atwater General Plan – Seismic and Public Safety, “Flooding” and “Dam Inundation Areas” ................. 65 Table 4-9 Receptors and Baseline Analyzed in the RCNM ....................................................................................... 75
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 7 1 INTRODUCTION
Precision Civil Engineering, Inc. (PCE) has prepared this Initial Study/Negative Declaration (IS/ND) on behalf of the City of Atwater (City) to address the environmental effects of the proposed Lower Shaffer Road Drainage Improvement Project (Project). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Atwater is the Lead Agency for this proposed Project. The site and the proposed Project are described in detail in SECTION 2 ENVIRONMENTAL CHECKLIST FORM.
1.1 Regulatory Information
An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accordance with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq.), also known as the CEQA Guidelines, Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed Project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels.
A negative declaration (ND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment. An ND is a written statement describing the reasons why a proposed Project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a ND or mitigated ND shall be prepared for a project subject to CEQA when either:
a. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed Project may have a significant effect on the environment, or b. The IS identified potentially significant effects, but:
1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed Mitigated Negative Declaration and Initial Study is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and
2. There is no substantial evidence, in light of the whole record before the agency, that the proposed Project as revised may have a significant effect on the environment.
1.2 Document Format
This IS/MND contains five (5) chapters plus appendices. SECTION 1 INTRODUCTION provides bases of the IS/MND’s regulatory information and an overview of the Project. SECTION 2 ENVIRONMENTAL CHECKLIST FORM provides a detailed description of Project components. SECTION 3 DETERMINATION concludes that the Initial Study is a negative declaration, identifies the environmental factors potentially affected based on the analyses contained in this IS, and includes with the Lead Agency’s determination based upon those analyses. SECTION 4 EVALUATION OF ENVIRONMENTAL IMPACTS presents the CEQA checklist and environmental analyses for all impact areas and the mandatory findings of significance. A brief discussion of the reasons why the Project impact is anticipated to be potentially significant, less than significant with mitigation incorporated, less than significant, or why no impacts are expected is included. SECTION 5 MITIGATION MONITORING AND REPORTING PROGRAM presents the mitigation
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 8 measures recommended in the IS/MND for the Project. The CNDDB Occurrence Report, CHRIS Search Record, and NAHC SLF Results Letter are provided as Appendix A, Appendix B, and Appendix C respectively, at the end of this document.
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 9 2 ENVIRONMENTAL CHECKLIST FORM
This section describes the components of the proposed Project in more detail, including project location, project objectives, and required project approvals.
2.1 Project Title
Low Shaffer Road Drainage Improvement Project
2.2 Lead Agency Name and Address
City of Atwater
750 Bellevue Road
Atwater, CA 95301
2.3 Contact Person and Phone Number
Lead Agency/Applicant
City of Atwater
Greg Thompson, Deputy City Manager/Community Development Director (209) 357-6370
[email protected]
2.4 Study Prepared By
Precision Civil Engineering
1234 O Street
Fresno, CA 93721
(559) 449-4500
2.5 Project Location
The Project site is in the jurisdiction of the City of Atwater, Merced County, California, within Drainage Zone R identified in the City of Atwater Strom Drainage Master Plan, generally located on the east of Shaffer Road between the Merced Irrigation Canal and Terri Drive (Figure 2-1). The Project site includes two (2) parcels at 255 E Bellevue Rd Atwater, CA 95301, totaling approximately 2.7 acres, and identified by the Merced County Assessor as Assessor’s Parcel Numbers (APNs) 156-060-013-000 and 156-060-014-000. The site also includes a private access road on the east of parcel APN 156-060-023 and approximately 1,220 feet of Brownell Street south of East Bellevue Road, approximately 600 feet on Terri Drive west of Brownell Street, and approximately 2,000 feet on Mary Lane south of Terri Road to Marvis Drive. Figure 2-2 shows the aerial image of the Project site. The Project site is a portion of Section 31, Township 6 South, Range 13 East, Mount Diablo Base and Meridian.
2.6 Latitude and Longitude
The centroid of the Project site is 37.36216332592952, -120.5937075825165.
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 10 Figure 2-1 Project Location
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 11 Figure 2-2 Project Site Aerial Image
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 12
2.7 General Plan Designation
The Project site has a City of Atwater General Plan (General Plan) land use designation of Commercial (Figure 2-3) and the proposed storm drain interceptor will be along the road right-of-way. According to the General Plan, the Commercial land use designation “is intended to accommodate a wide range of commercial activities ranging from regional commercial facilities to general and neighborhood commercial uses. Establishments may range from retail to service and entertainment uses.” The maximum floor area ratio permitted is 0.35.
2.8 Zoning
The Project site is in the C-G – General Commercial zoning district (Figure 2-4) and the proposed storm drain interceptor will be along the road right-of-way. According to Chapter 17.38 of the Atwater Municipal Code (AMC), the C-G zoning district to “vide a location for the retail, wholesale, and heavy commercial uses and services necessary within the City, but not suited to other commercial districts”. Permitted uses include retail establishments, banking and financial institutions, business, professional, and medical offices, personal service establishments, restaurants and cafes, etc.
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 13
Figure 2-3 City of Atwater General Plan Land Use Designation (Existing)
INITIAL STUDY / NEGATIVE DECLARATION
AUGUST 2023
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 14 Figure 2-4 City of Atwater Zoning District (Existing)
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 15
2.9 Description of Project
The Project site is located east of Shaffer Road between the Merced Irrigation Canal and Terri Drive at 255 E Bellevue Rd Atwater, CA 95301. The Project site is within the City of Atwater Strom Drainage Master Plan Drainage Zone R. The Project proposes a new detention basin and a new storm drain pump station on two (2) parcels, identified as APNs 156-060-013-000 and 156-060-014-000 and totaling approximately 2.7 acres. The Project also proposes a storm drain interceptor from the basin, along Brownell Street, to the existing 36” drainage pipe between Fortuna and Terri Drive. The Project also proposes a parallel pipeline on Terri Drive and Mary Lane. The Project is designed to serve Drainage Zone R (“tributary area”) and runoff collected in the basin will discharge into the Merced Irrigation Canal.
The Project is located within Drainage Zone R, which is approximately 200 acres and consists primarily of singlefamily residences. There is one (1) existing pump station and detention basin within this tributary area, which is the Sierra Park/Centennial Basin and Centennial Storm Water Pump Station. The existing Sierra Park/Centennial Basin is only 0.23 acres and modeling results of the City’s Storm Drain Master Plan indicates that some locations within the tributary area exhibit flooding in design storms as small as the 2-year recurrence interval due to surcharging the storm drain pipelines. As such, the design, engineering, and construction of the Project include storm drain infrastructure upgrades, a new detention basin, and a new storm drain pump station to fill the needs of drainage within the tributary area.
Project Design
The Project is designed to meet the following design standards and requirements, as established within the Request for Proposals for the design, engineering, and construction of the Project. • Pump Station Design: The pump station is designed to have the most economical combination of storage and pumping capacity such that the upstream and downstream hydraulic grade line (HGL) can be contained within the drainage system.
• Pump Station Design Capacity: The pump station is designed to have enough discharge capacity to maintain the water surface elevations below the specified maximums in the tributary basin and inlets and not adversely impact any other area or increase flooding elsewhere. These maximums include: The maximum water surface elevation for the 10-year design storm can be maintained below the rim/grate elevation of any system inlet and the maximum water surface elevation for the 100-year design storm can be maintained below the finish floor elevation of any structure or residence and at least 1.0 feet below the top elevation of any detention basin.
• Pump Design: The number of pumps, unknown at this time, will be planned to meet the design capacity identified above. 1 A redundant pump will also be provided with equal or greater capacity than the largest pump to act as a backup for reliability and maintenance purposes. Switchgear will be designed to provide for the regular operation of all the pumps so that all pumps sequentially serve as the redundant pump. A separate low flow pump, not included in the rotation, will also be provided to convey calculated low and 1 The design capacities of the pumps shall be based on output capacity equal to 75% of rated capacity, due to the inevitable wear and tear on the pumps. If metering equipment is provided that yields reliable, real time output data, a design capacity equal to 90% of rated capacity may be used.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 16 dry weather/nuisance flows. A float switch and a sonic device (transduces) will be provided for pump control.
• Accessibility: The pump station and detention basin are designed to have a minimum of 15-feet-wide entry and exit roads to provide ingress/egress during storm periods, to perform operation and maintenance activities, and for landscaping purposes.
Site Utilities
• Power: The pump station is designed for underground 480 volt, 3 phase, 4 wire service. If electric demand exceeds 100kW, then provide a stationary backup generator with automatic transfer switch. • Telephone: Telephone service will be provided and terminated at the discretion of the Director of Public Works.
• Water: A minimum 1” potable water service will be provided to the site for wash down. The service line will be equipped with an approved reduce-pressure-principle backflow preventer. Water lines with hose bibs will be located as required by the Public Works Department.
2.10 Project Setting and Surrounding Land Uses
Project Setting
The Project site for the pump station and basin is currently vacant with no improvements or structures. The Project site for storm drain interception is primarily paved roads for vehicular traffic. An aerial image of the Project site is shown in Figure 2-2. The existing biotic conditions and resources of the pump station and basin site can be defined primarily as ruderal and herbaceous vegetation with heavy alternation due to discing and grading. no trees or shrubs on the Project site. No water features are present on the site.
Surrounding Land Uses
The Project site is generally surrounded by commercial use, residential use and vacant land. As referenced in Table 2-1, properties to the south, east, and west are planned and zoned for residential and commercial uses, and properties to the north is planned and zoned for residential uses. An irrigation canal is located adjacent north to the Project site. The proposed pump station and basin will discharge into this irrigation canal.
Table 2-1 Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties Direction from the
Project Site Existing Land Use Planned Land Use Zone District North Canal, Single-Family Residences Residential Planned Development South Commercial (restaurant) Commercial, Low Density
Residential
General Commercial,
Low Density Residential
East Vacant, Single-Family Residences Commercial, Low Density Residential
General Commercial,
Low Density Residential
West Commercial (grocery store), Single-Family
Residences
Commercial, Low Density
Residential
Planned Development,
Commercial, Low Density
Residential
2.11 Other Public Agencies Whose Approval is Required
The Project would require approval by the City of Atwater City Council. The Project will require review, permits, and/or approvals, such as grading, building, and encroachment permits. Other approvals may be required as identified through the entitlement review and approval process.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 17
2.12 Consultation with California Native American Tribes The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the CEQA Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)).
According to the most recent census data, California is home to 109 currently recognized Indian tribes.
Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality.
A consultation list of tribes with traditional lands or cultural places located within Merced County was requested and received from the California Native American Heritage Commission (NAHC) on June 26, 2023. The listed tribes include Amah Mutsun Tribal Band, Dumna Wo-Wah Tribal Government, North Fork Rancheria of Mono Indians*, North Valley Yokuts Tribe, Southern Sierra Miwuk Nation, Table Mountain Rancheria*, Tule River Indian Tribe*, and Wuksachi Indian Trib/Eshom Valley Band. The NAHC also conducted a Sacred Lands File (SFL) search which was negative. *Federally recognized tribe.
The City of Atwater conducted formal tribal consultation pursuant to AB 52 (Chapter 532, Statutes 2014) on June 22, 2023, with three (3) tribes that requested tribal consultation, Amah Mutsun Tribal Band, Southern Sierra Miwuk Nation, and North Valley Yokuts Tribe. Consultation for AB 52 ended on July 22, 2023.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 18 3 DETERMINATION
3.1 Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal and Cultural Resources
Utilities and Service Systems
Wildfire
For purposes of this Initial Study, the following answers have the corresponding meanings:
“No Impact” means the specific impact category does not apply to the project, or that the record sufficiently demonstrates that project specific factors or general standards applicable to the project will result in no impact for the threshold under consideration.
“Less Than Significant Impact” means there is an impact related to the threshold under consideration, but that impact is less than significant.
“Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration, however, with the mitigation incorporated into the project, the impact is less than significant. For purposes of this Initial Study “mitigation incorporated into the project” means mitigation originally described in the GP PEIR and applied to an individual project, as well as mitigation developed specifically for an individual project.
“Potentially Significant Impact” means there is substantial evidence that an effect may be significant related to the threshold under consideration.
3.2 Determination
On the basis of this initial evaluation (to be completed by the Lead Agency):
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 19 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Approved By:
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 20 4 EVALUATION OF ENVIRONMENTAL IMPACTS
4.1 AESTHETICS
Except as provided in Public Resources
Code Section 21099, would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on
a scenic vista? X
b) Substantially damage scenic
resources, including, but not limited
to, trees, rock out-croppings, and
historic buildings within a state
scenic highway?
X
c) In non-urbanized areas,
substantially degrade the existing
visual character or quality public
views of the site and its
surroundings? (Public views are
those that are experienced from
publicly accessible vantage point).
If the project is in an urbanized area,
would the project conflict with
applicable zoning and other
regulations governing scenic
quality?
X
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the
area?
X
4.1.1 Environmental Setting
Generally, aesthetics may include scenic vistas and scenic resources (e.g. trees, rock outcroppings, historic buildings, and highways). The City of Atwater’s visual features predominately includes urbanized and agricultural land uses. The Atwater General Plan (General Plan) recognizes the city’s scenic resources to be “open space areas” (i.e., agricultural lands) in addition to several transportation routes or “scenic corridors”, including Bellevue Road.
The General Plan does not identify or designate “scenic vistas.” The identified scenic corridors include Atwater Boulevard, First Street, Bellevue Road, Shaffer Road, Winton Way, Broadway from Winton Way to First Street, Buhach Road, Third Street, Part of Grove Avenue, and all entrances to the city. Although there are two (2) statedesignated scenic highways in the County of Merced (SR 152 and Interstate 5), these highways are not within city limits and thus, the City does not designate them as scenic resources. Lastly, the General Plan identifies places of contemporary historical significance in the city including the Bloss Manson, Bloss Library, and Castle Air Museum.
The Project site for the pump station and basin is currently vacant with no improvements. The Project site for storm drain interception is primarily paved roads for vehicular traffic. The site is generally flat and does not contain any
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 21 geologic formations. The site is surrounded by existing commercial development to the west and south, as well as residential development further to the north and east.
California Scenic Highway Program
The California Scenic Highway Program was established in 1963 with the purpose of protecting and enhancing the natural scenic beauty of California highways and adjacent corridors, through special conservation treatment. A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler's enjoyment of the view. There are no officially designated State Scenic Highways in the City of Atwater, inclusive of the Project site. 2
4.1.2 Impact Assessment
Except as provided in PRC Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? No Impact. The Project site is vacant and surrounded by urban development. While the proposed storm drain interceptor is proposed to cross Bellevue Road, a city designated scenic corridor, the interceptor will be undergrounded, thus will not obstruct views. In addition, the site is not near state-designated scenic highways and does not contain any historic buildings or places of contemporary historical significance according to the General Plan. As a result, the Project would not adversely affect scenic vistas and no impact would occur because of the Project.
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
No Impact. According to the California State Scenic Highway Program, there are no officially designated State Scenic Highways in the City of Atwater, inclusive of the Project site. As such, the proposed Project would not damage scenic resources, including trees, rock out-croppings, and historic buildings within a state scenic highway and no impact would occur as a result of the Project.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point).
If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact. The Project site is in an urbanized area surrounded by urban development, including commercial and residential uses. Development of the Project site, including a new basin and pump station, will not have a significantly different character from the surrounding area. Further, the proposed use is consistent with the planned land use designation and is subject to compliance with applicable zoning and other regulations governing scenic quality, which will ensure the minimization of any visual impact by upholding the visual character or quality of public views of the site and its surroundings. Development of the Project would be subject to the entitlement 2 Caltrans. California State Scenic Highway System Map. Accessed on May 24, 2023, https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 22 review and approval process through the City of Atwater. Through this process, the Project would be subject to compliance with applicable policies and regulations that govern scenic quality including but not limited to the General Plan, AMC, and California Building Code (CBC). Compliance would ensure that future development of the site would not conflict with applicable zoning and other regulations governing scenic quality. Therefore, a less than significant impact would occur because of the Project.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact. Generally, lighting impacts are associated with artificial lighting in evening hours either through interior lighting from windows or exterior lighting (e.g., street lighting, parking lot lighting, landscape lighting, cars, and trucks). Although no physical development is proposed, future development of the Project site would incrementally increase the amount of light from streetlights, exterior lighting, and vehicular headlights. Such sources could create adverse effects on day or nighttime views in the area.
As mentioned above, the Project would introduce new light sources into the area, including temporary light and glare resulting from construction activities that could adversely affect day or nighttime views. Although construction activities are anticipated to occur primarily during daylight hours, it is possible that some activities could occur during dusk or early evening hours (pursuant to Atwater Municipal Code Section 8.44.050, construction activities are allowed between 7:00 AM and 7:00 PM). Construction during these time periods could result in light and glare from construction vehicles or equipment. However, construction would occur primarily during daylight hours and would be temporary in nature. Once construction is completed, any light and glare from these activities would cease to occur.
Regarding operations, the Project includes LED lighting fixtures to provide interior emergency lighting, lamps, outdoor lighting, etc. Lighting design would be required to comply with the AMC, which contains specific, enforceable requirements and/or restrictions intended to prevent light and glare impacts (pursuant to Atwater Municipal Code Section 8.32.030, the City does not allow lights, lighted signs, or other devices that direct or reflect glare onto public right-of-way or neighboring properties). The lighting design guide covers outdoor spaces including regulations for mounted luminaires (i.e., high efficacy, motion sensor controlled, time clocks, energy management control systems, etc.). As such, conditions imposed on the Project by the City of Atwater, in addition to Title 24 requirements, would reduce light and glare impacts to a less than significant impact.
4.1.3 Mitigation Measures
None required.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 23
4.2 AGRICULTURE AND FORESTRY RESOURCES
Would the project: Potentially Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farm-land), as shown
on the maps prepared pursuant to
the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use?
X
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
X
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined
by Government Code section
51104(g))?
X
d) Result in the loss of forest land or
conversion of forest land to nonforest use? X
e) Involve other changes in the
existing environment which, due to
their location or nature, could result
in conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use?
X
4.2.1 Environmental Setting
The Project site is located within the Atwater city limits and is planned and zoned for commercial uses. The site is generally flat and does not contain any geologic formations. The Project site is generally surrounded by commercial use, residential use and vacant land. The Project site for the pump station and basin is currently vacant with no improvements. The Project site for storm drain interception is primarily paved roads for vehicular traffic. The existing biotic conditions and resources of the pump station and basin site can be defined primarily as ruderal and herbaceous vegetation with heavy alternation due to discing and grading. There are no trees or shrubs on the Project site. no water features are present. Lastly, the Project site does not contain any agricultural or forestry resources such as agricultural land, forest land, or timberland.
Farmland Monitoring and Mapping Program
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 24 The California Department of Conservation manages the Farmland Mapping and Monitoring Program (FMMP) that provides maps and data for analyzing land use impacts to farmland. The FMMP produces the Important Farmland Finder as a resource map that shows quality (soils) and land use information. Agricultural land is rated according to soil quality and irrigation status, in addition to many other physical and chemical characteristics. The highest quality land is called “Prime Farmland” which is defined by the FMMP as “farmland with the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. 3 Maps are updated every two years. According to the FMMP, California Important Farmland Finder, the Project site, and all properties in its immediate vicinity are classified as “Urban and Built-Up Land.” 4
California Land Conservation Act
The California Land Conservation Act of 1965 (i.e., the Williamson Act) allows local governments to enter contracts with private landowners to restrict parcels of land agricultural or open space uses. In return, property tax assessments of the restricted parcels are lower than full market value. The minimum length of a Williamson Act contract is 10 years and automatically renews upon its anniversary date; as such, the contract length is essentially indefinite. The Project site is not subject to the Williamson Act.
4.2.2 Impact Assessment
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. According to the FMMP, the Project site is designated as “Urban and Built-Up Land.” As such, the Project site is not located on lands designated as “Prime Farmland,” “Unique Farmland,” or “Farmland of Statewide Importance.” Therefore, the Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use and no impact would occur. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No Impact. The Project site is not zoned for agricultural use and is not subject to the Williamson Act. Therefore, the Project would not conflict with existing zoning for agricultural use, or a Williamson Act contract and no impact would occur.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? 3 California Department of Conservation. Important Farmland Categories. Accessed on May 24, 2023, https://www.conservation.ca.gov/dlrp/fmmp/Pages/Important-Farmland-Categories.aspx 4 California Department of Conservation. (2018). California Important Farmland Finder. Accessed on May 24, 2023, https://maps.conservation.ca.gov/DLRP/CIFF/
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 25 No Impact. The Project site does is not planned or zoned for forest land or timberland. Further, the Project site would not cause the rezoning of forest land, timberland, or timberland zoned Timberland Production. As a result, the Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production and no impact would occur.
d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. The Project site does not contain forest land and is not planned or zoned for forest land or forest uses.
Implementation of the Project would therefore not result in the loss of forest land or conversion of forest land to non-forest use. As a result, no impact would occur.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? No impact. The Project site is planned and zoned for urban uses and does not contain agricultural or forestry uses or resources. The properties in the vicinity of the Project site are also planned and zoned for urban uses and do not contain agricultural or forestry uses or resources. According to the FMMP, California Important Farmland Finder, the Project site and the properties in its immediate vicinity are classified as “Urban and Built-Up Land.” Therefore, future development of the Project site with mixed use development would be generally consistent with the existing environment of the surrounding, urbanized, and non-agricultural or forestry uses. As a result, the Project would not involve other changes in the existing environment that could result in the conversion of farmland to non-agricultural use or conversion of forest land to non-forest use. Therefore, no impact would occur because of the Project.
4.2.3 Mitigation Measures
None required.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 26
4.3 AIR QUALITY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct
implementation of the applicable air
quality plan?
X
b) Result in a cumulatively considerable
net increase of any criteria pollutant
for which the project region is nonattainment under an applicable federal or state ambient air quality
standard?
X
c) Expose sensitive receptors to
substantial pollutant concentrations? X
d) Result in other emissions (such as
those leading to odors) adversely
affecting a substantial number of
people?
X
4.3.1 Environmental Setting
Atwater lies within the central portion of the San Joaquin Valley Air Basin that is bounded by the Sierra Nevada Mountain range to the east, Coastal Ranges to the west, and Tehachapi mountains to the south. The San Joaquin Valley Air Pollution Control District (SJVAPCD) regulates air quality in eight counties including: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The SJVAPCD oversees the SJVAB.
Impacts on air quality result from emissions generated during short-term activities (construction) and long-term activities (operations). Construction-related emissions consist mainly of exhaust emissions (NOx and PM) from construction equipment and other mobile sources, and fugitive dust (PM) emissions from earth moving activities.
Operational emissions are source specific and consist of permitted equipment and activities and non-permitted equipment and activities.
Air pollution in the SJVAB can be attributed to both human-related (anthropogenic) and natural (nonanthropogenic) activitiesthat produce emissions. Air pollution from significant anthropogenic activities in the SJVAB includes a variety of industrial-based sources as well as on- and off-road mobile sources. Four main sources of air pollutant emissions in the SJVAB are motor vehicles, industrial plants, agricultural activities, and construction activities. All four of the major pollutant sources affect ambient air quality throughout the SJVAB. These sources, coupled with geographical and meteorological conditions unique to the area, stimulate the formation of unhealthy air. Air pollutants can remain in the atmosphere for long periods and can build to unhealthful levels when stagnant conditions that are common in the San Joaquin Valley occur. Pollutants are transported downwind from urban areas with many emission sources which are also recirculated back to the urban areas.
Further, the SJVAB is in non-attainment for ozone, PM10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements. Air quality standards have been set to protect
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 27 public health, particularly the health of vulnerable people. Therefore, if the concentration of those contaminants exceeds the norm, some susceptible individuals in the population are likely to experience health effects.
Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects.
San Joaquin Valley Air Pollution Control District
The SJVAPCD is the agency primarily responsible for ensuring that NAAQS and CAAQS are not exceeded and that air quality conditions are maintained in the SJVAB, within which the Project is located. Responsibilities of the SJVAPCD include, but are not limited to, preparing plans for the attainment of ambient air quality standards, adopting and enforcing rules and regulations concerning sources of air pollution, issuing permits for stationary sources of air pollution, inspecting stationary sources of air pollution and responding to citizen complaints, monitoring ambient air quality and meteorological conditions, and implementing programs and regulations required by the FCAA and the CCAA.
The SJVAPCD rules and regulations that may apply to projects that will occur during buildout of the project include but are not limited to the following:
Rule 2010 – Permits Required. The purpose of this rule is to require any person constructing, altering, replacing or operating any source operation which emits, may emit, or may reduce emissions to obtain an Authority to Construct or a Permit to Operate. This rule also explains the posting requirements for a Permit to Operate and the illegality of a person willfully altering, defacing, forging, counterfeiting or falsifying any Permit to Operate.
Rule 2201 – New and Modified Stationary Source Review Rule. The purpose of this rule is to provide for the following:
The review of new and modified Stationary Sources of air pollution and to provide mechanisms including emission trade-offs by which Authorities to Construct such sources may be granted, without interfering with the attainment or maintenance of Ambient Air Quality Standards; and No net increase in emissions above specified thresholds from new and modified Stationary Sources of all nonattainment pollutants and their precursors.
Rule 4001 – New Source Performance Standards. This rule incorporates the New Source Performance Standards from Part 60, Chapter 1, Title 40, Code of Federal Regulations (CFR).
Rule 4002 – National Emission Standards for Hazardous Air Pollutants. This rule incorporates the National Emission Standards for Hazardous Air Pollutants from Part 61, Chapter I, Subchapter C, Title 40, Code of Federal Regulations (CFR) and the National Emission Standards for Hazardous Air Pollutants for Source Categories from Part 63, Chapter I, Subchapter C, Title 40, Code of Federal Regulations (CFR).
Rule 4102 – Nuisance. The purpose of this rule is to protect the health and safety of the public and applies to any source operation that emits or may emit air contaminants or other materials.
Rule 4601 – Architectural Coatings. The purpose of this rule is to limit VOC emissions from architectural coatings. This rule specifies architectural coatings storage, cleanup, and labeling requirements.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 28 Rule 4641 – Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations. The purpose of this rule is to limit VOC emissions from asphalt paving and maintenance operations. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations.
Regulation VIII – Fugitive PM10 Prohibitions. The purpose of Regulation VIII (Fugitive PM10 Prohibitions) is to reduce ambient concentrations of fine particulate matter (PM10) by requiring actions to prevent, reduce or mitigate anthropogenic fugitive dust emissions.
Rule 9510 – Indirect Source Review. The purposes of this rule are to:
1. Fulfill the District’s emission reduction commitments in the PM10 and Ozone Attainment Plans.
2. Achieve emission reductions from the construction and use of development projects through design features and on-site measures.
3. Provide a mechanism for reducing emissions from the construction of and use of development projects through off-site measures.
Thresholds of Significance
To assist local jurisdictions in the evaluation of air quality impacts, the SJVAPCD has published the Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI). SJVAPCD recommends a three-tiered approach to air quality analysis based on project size to allow quick screening for CEQA impacts:
1. Small Project Analysis Level (SPAL): based on the District’s New Source Review, the District pre-quantified emissions and determined values as thresholds of significance for criteria pollutants. Residential, commercial, retail, industrial, educational, and recreational land uses are eligible to use this for screening.
The SPAL was published on November 13, 2020, by the SJVAPCD to determine potential impacts in GAMAQI.5 SPAL is based on a CalEEMod version 2016.3.2.
2. Cursory Analysis Level (CAL): CAL is used to determine significance on projects that exceed the SPAL criteria.
Analysis includes using CalEEMod to estimate emissions and air pollutants.
3. Full Analysis Level (FAL): this level of analysis is usually required for an EIR. It requires a full air quality report that describes impacts to the public.
GAMAQI also includes recommended thresholds of significance to be used for the evaluation of short-term construction, long-term operational, odor, toxic air contaminant, and cumulative air quality impacts. Accordingly, the SJVAPCD-recommended thresholds of significance are used to determine whether implementation of the proposed Project would result in a significant air quality impact. Projects that exceed these recommended thresholds would be considered to have a potentially significant impact to human health and welfare. The thresholds of significance are summarized, as follows:
5 San Joaquin Valley Air Pollution Control District. (2020). “Small Project Analysis Levels(SPAL)”. Accessed on February 17, 2023:
https://www.valleyair.org/transportation/CEQA%20Rules/GAMAQI-SPAL.PDF
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 29 Criteria Air Pollutants
SJVAPCD adopted thresholds of significance for criteria air pollutants, as shown in Table 4-1. The thresholds of significance are based on a calendar year basis. For construction emissions, the annual emissions are evaluated on a rolling 12-month period. The following summarizes these thresholds:
Short-Term Emissions of Particulate Matter (PM10): Construction impacts associated with the proposed Project would be considered significant if the feasible control measures for construction in compliance with Regulation VIII as listed in the SJVAPCD guidelines are not incorporated or implemented, or if project-generated emissions would exceed 15 tons per year (TPY).
Short-Term Emissions of Ozone Precursors (ROG and NOX): Construction impacts associated with the proposed Project would be considered significant if the project generates emissions of Reactive Organic Gases (ROG) or NOX that exceeds 10 TPY.
Long-Term Emissions of Particulate Matter (PM10): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of PM10 that exceed 15 TPY.
Long-Term Emissions of Ozone Precursors (ROG and NOX): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of ROG or NOX that exceeds 10 TPY.
Table 4-1 SJVAPCD Recommended Air Quality Thresholds of Significance2F 6 Pollutant
Significance Threshold
Construction Emissions
(tons/year)
Operational Emission
(tons/year)
CO 100 100
NOX 10 10
ROG 10 10
SOX 27 27
PM10 15 15
PM2.5 15 15
Conflict with or Obstruct Implementation of Applicable Air Quality Plan Air Quality Plans (AQPs) are plans for reaching the attainment of air quality standards. The applicable AQP for the SJVAB is the GAMAQI. Due to the region’s nonattainment status for ozone, PM2.5, and PM10, if the Project-generated emissions of either of the ozone precursor pollutants (i.e., ROG and NOx) or PM10 would exceed the SJVAPCD’s significance thresholds, then the Project would be considered to be conflicting with the AQP. In addition, if the Project would result in a change in land use and corresponding increases in vehicle miles traveled, the Project may result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans. Vehicle Miles Traveled are analyzed in Section 4.17.
6 SJVAPCD. (2015). Guidance for Assessing and Mitigating Air Quality Impacts. Accessed on November 29, 2022, https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 30 Local Mobile-Source CO Concentrations
Local mobile source impacts associated with the proposed Project would be considered significant if the project contributes to CO concentrations at receptor locations in excess of the CAAQS (i.e., 9.0 ppm for 8 hours or 20 ppm for 1 hour).
Toxic Air Contaminants
Exposure to toxic air contaminants (TAC) would be considered significant if the probability of contracting cancer for the Maximally Exposed Individual (i.e., maximum individual risk) would exceed 10 in 1 million or would result in a Hazard Index greater than one (1).
As recommended by the SJVAPCD, the latest approved California Air Pollution Control Officer’s Association (CAPCOA) methodology was utilized as the TAC screening methodology. According to the CAPCOA Guidance Document titled “Health Risk Assessments for Proposed Land Use Projects,” there are two types of land use project that have the potential to cause long-term public health risk impacts. These project types are as follows:
• Type A: Land use projects with toxic emissions that impact receptors, and • Type B: Land use project that will place receptors in the vicinity of existing toxics sources.
In this Guidance document, Type A projects examples are (project impacts receptors):
• combustion related power plants,
• gasoline dispensing facilities,
• asphalt batch plants,
• warehouse distribution centers,
• quarry operations, and
• other stationary sources that emit toxic substances.
Odor
The intensity of an odor source’s operations and its proximity to sensitive receptors influences the potential significance of odor emissions. Specific land uses that are considered sources of undesirable odors include landfills, transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. The SJVAPCD has identified these common types of facilities that have been known to produce odors in the SJVAB and has prepared screening levels for potential odor sources ranging from one to two miles of distance from the odor-producing facility to sensitive receptors. Odor impacts would be considered significant if the project has the potential to frequently expose members of the public to objectionable odors.
Ambient Air Quality
The SJVAPCD applies the following guidance in determining whether an ambient air quality analysis should be performed: when assessing the significance of project-related impacts on air quality, it should be noted that the impacts may be significant when on-site emission increases from construction activities or operational activities exceed the 100 pounds per day screening level of any criteria pollutant after implementation of all enforceable mitigation measures. Under such circumstances, the SJVAPCD recommends that an ambient air quality analysis be performed.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 31 Small Project Analysis Level
The SPAL identifies pre-quantified emissions and determined values related to project type, size, and number of vehicle trips. According to the SPAL, projects that fit specified descriptions are deemed to have a less than significant impact on air quality and as such are excluded from quantifying criteria pollutant emissions for CEQA purposes.
Methodology
SJVACPD’s Guidelines recommend using the CalEEMod software program to calculate project emissions. CalEEMod is a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions from land use projects. The model quantifies direct emissions from construction and operation (including vehicle use), as well as indirect emissions, such as emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. The model also identifies mitigation measures to reduce criteria pollutant and GHG emissions. The Project’s construction and operational emissions were estimated using the California Emissions Estimator Model (CalEEMod), version 2020.4.0.
4.3.2 Impact Assessment
Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. The Project would not conflict with the applicable air quality plan if the Project does not exceed the adopted quantitative thresholds for criteria pollutant emissionsthat are established in the GAMAQI, as demonstrated in the Thresholds of Significance above. As stated above, the SJVAPCD recommends a three-tiered approach to analyze projects for significant impacts on air quality. The first tier is the Small Project Analysis Level (SPAL), which adopts a threshold of significance according to the use type, size, and number of vehicle trips of a project. As demonstrated below, the proposed Project would not have any significant effects relating to air quality pursuant to SPAL.
Based on the Project description, the most applicable land use type for the proposed Project is General Light Industry. Since the Project has a land use designation of Commercial, the maximum floor area ratio permitted is
0.35. For the purposes of this analysis, we assume that the Project would be developed at the maximum intensity, which is 41,164 square feet (2.7 acres * 43560 *0.35 FAR = 41,164 square feet). The corresponding threshold for this land use compared to the Project is shown in Table 4-2. As shown, the Project is below all thresholds and therefore, the Project is assumed to result in air quality impacts that are below the identified thresholds of significance and thus, a less than significant impact would occur.
Table 4-2 SPAL Significance Thresholds
SPAL Threshold Proposed Project Exceed
Threshold?
Size/Unit 280,000 square feet 41,164 square feet No
Average Daily One-way Trips for All Fleet Types
(Except Heavy-Heavy Duty Trucks (HHDT)) 550 0 No
Average Daily One-way for HHDT trips only (50-
mile trip length) 70 0 No
Note: It is expected that the Project would only generate occasional maintenance vehicle trips.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 32 b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant. The SJVAB is in non-attainment for ozone, PM10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements. The requirements have been set to protect public health, particularly the health of vulnerable populations. Therefore, if the concentration of those contaminants exceeds the norm, some susceptible individuals in the population are likely to experience health effects. Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects as analyzed in criterion a) above, the Project would have a less than significant impact on air quality and are excluded from quantifying criteria pollutant emissions for CEQA purposes. Therefore, the Project would not result in significant cumulative health impacts because the emissions are not at a level that would be considered cumulatively significant. As such, the Project would have a less than significant impact.
c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Sensitive receptors are defined as people that have an increased sensitivity to air pollution or environmental contaminants. Sensitive receptors include schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling units. The nearest sensitive receptors to the Project site are single-family residences located adjacent to Brownell Street, Terry Drive, and Mary Lane. As stated under criterion a) above, emissions during construction or operation would not reach the significance thresholds and would not be anticipated to result in concentrations that reach or surpass ambient air quality requirements.
Further, anticipated development that would result from Project implementation would not be uses that would generate toxic emissions (i.e., Type A uses identified by the CAPCOA guidelines). Although emissions would be emitted during construction of the site (i.e., through diesel fuel and exhaust from equipment), emissions would be temporary and last only during construction activities. In addition, construction activities would be required to comply with all rules and regulations administered by the SJVAPCD including but not limited to Rule 9510 (Indirect Source Review), Regulation VIII (Fugitive PM10 Prohibitions), Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 4402 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). Impacts would be less than significant.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less than Significant Impact. Specific uses and operations that are considered sources of undesirable odors include landfills, transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. The Project would not consist of such land uses; rather, implementation of the proposed Project would facilitate a storm water basin and pump station, and thus is unlikely to produce odors that would be considered to adversely affect a substantial number of people. Therefore, a less than significant impact would occur.
4.3.3 Mitigation Measures
None required.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 33
4.4 BIOLOGICAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special status species in local or
regional plans, policies, or regulations,
or by the California Department of
Fish and Game or U.S. Fish and
Wildlife Service?
X
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies, regulations
or by the California Department of
Fish and Game or US Fish and Wildlife
Service?
X
c) Have a substantial adverse effect on
state or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
X
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or
impede the use of native wildlife
nursery sites?
X
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
X
f) Conflict with provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or
other approved local, regional, or
state habitat conservation plan.
X
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 34
4.4.1 Environmental Setting
The Project site is located within the Atwater city limits and is planned and zoned for commercial use. The Project site for the pump station and basin is currently vacant with no improvements. The Project site for storm drain interception is primarily paved roads for vehicular traffic. The existing biotic conditions and resources of the pump station and basin site can be defined primarily as ruderal and herbaceous vegetation with heavy alternation due to discing and grading. There are no trees or shrubs on the Project site. No water features are present.
U.S. Fish and Wildlife – Special-Status Species Database The U.S. Fish and Wildlife Service (USFWS) operates an “Information for Planning and Consultation” (IPaC) database, which is a project planning tool for the environmental review process that provides general information on the location of special-status species that are “known” or “expected” to occur (note: the database does not provide occurrences; refer to the California Department of Fish and Wildlife – Natural Diversity Database below). 7 i Specifically, the IPaC database identifies eight (8) special-status species that are potentially affected by activities in the Project site including: San Joaquin Kit Fox (endangered), California Tiger Salamander (threatened), Monarch Butterfly (candidate), Valley Elderberry Longhorn Beetle (threatened), conservancy fairy shrimp (endangered), vernal pool fairy shrimp (threatened), vernal pool tadpole shrimp (endangered), Colusa grass (threatened).
U.S. Fish and Wildlife – Critical Habitat Report
Once a species is listed under the federal Endangered Species Act, NOAA Fisheries is required to determine whether there are areas that meet the definition of Critical Habitat. Per NOAA Fisheries, Critical Habitat is defined as:
• Specific areas within the geographical area occupied by the species at the time of listing that contain physical or biological features essential to conservation of the species and that may require special management considerations or protection; and
• Specific areas outside the geographical area occupied by the species if the agency determines that the area itself is essential for conservation. 8
The process of Critical Habitat designation is complex and involves the consideration of scientific data, public and peer review, economic, national security, and other relevant impacts.
According to the Critical Habitat for Threatened & Endangered Species Report updated March 23, 2023, the City of Atwater, inclusive of the Project site and its immediate vicinity (0.5-mile radius from the site) are not located within a federally designated Critical Habitat.9 No critical habitats are identified in the city limits. The closest federally designated Critical Habitat is located approximately 3.5 miles northeast of the Project site designated for the San Joaquin Valley Orcutt grass (Orcuttia inaequalis).
U.S. Fish & Wildlife Service – National Wetlands Inventory 7 U.S. Fish and Wildlife Service. Information and Planning Consultation Online System. Accessed on May 26, 2023, https://ecos.fws.gov/ipac/ 8 National Oceanic and Atmospheric Administration (NOAA). Critical Habitat. Accessed on May 26, 2023, https://www.fisheries.noaa.gov/national/endangered-species-conservation/critical-habitat#key-regulations 9 U.S. Fish & Wildlife. (2021). ECOS Environmental Conservation Online System - USFWS Threatened & Endangered Species Active Critical Habitat Report (updated March 23, 2023). Accessed May 26, 2023, https://ecos.fws.gov/ecp/report/table/critical-habitat.html
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 35 The USFWS provides a National Wetlands Inventory (NWI) with detailed information on the abundance, characteristics, and distribution of U.S. wetlands. A search of the NWI shows no federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc.) on the Project site or within the immediate vicinity (0.5-mile radius) of the Project site. 10 The NWI does not identify any water features within the Project site. The closest water feature is the irrigation canal identified is a 45.86-acre R2UBHx riverine habitat, adjacent north of the Project site. R2UBHx indicates Riverine System (R) of a lower perennial (2) with an unconsolidated bottom (UB) that is permanently flooded (H) and has been excavated by humans (x) (i.e., canal). Additionally, the Project site is not within or adjacent to a riparian area nor does the site contain water features.
Environmental Protection Agency – WATERS Geoviewer
The U.S. Environmental Protection Agency (EPA) WATERS GeoViewer provides a GeoPlatform based web mapping application of water features by location. According to the WATERS GeoViewer, there is a catchment within the Project site, where a catchment is defined as a local drainage area for a specific stream segment. An irrigation canal runs to the north of the Project site. There are no streams, canals, or waterbodies on the Project site. 11 California Department of Fish and Wildlife – Natural Diversity Database The California Department of Fish and Wildlife (CDFW) operates the California Natural Diversity Database (CNDDB), which is an inventory of the status and locations of rare plants and animals in California in addition to the reported occurrences of such species.12 According to the CDFW CNDDB, there are 11 special-status species with a total of 24 occurrences that have been observed and reported to the CDFW in or near the Atwater Quad as designated by the United States Geological Survey (USGS). Of the 11 species, there are five (5) federally or state-listed species:
tricolored blackbird, vernal pool fairy shrimp, Swainson’s hawk, Colusa grass, and San Joaquin kit fox. 13 Appendix B
lists the CNDDB-identified animal and plant species within the Atwater Quad, including their habitat and occurrences.
The CNDDB also provides CNDDB-known occurrences within a set geographic radius. Figure 4-5 shows the CNDDBidentified occurrences of animal and plant species within the five (5)-mile radius of the Project site. Table 4-3 lists all federally or state-listed special-status species CNDDB-known occurrences within the five (5)-mile radius of the Project site. As shown, the nearest occurrence is the San Joaquin kit fox occurrence that is in a non-specific area along the irrigation canal, inclusive of the Project site, dated 1999. Other species that are not federally or statelisted that are near the Project site include burrowing owl. The CNNDB ranks occurrences by the condition of habitat and ability of the species to persist over time. As shown, the occurrences within the five (5)-mile radius of the Project site are ranked as poor, fair, and good. Table 4-4 provides an analysis of essential habitats and the potential for the existence of the special-status species to exist on the Project site. 10 U.S. Fish & Wildlife Service. National Wetlands Inventory. Accessed May 26, 2023, https://www.fws.gov/wetlands/data/Mapper.html 11 U.S. Environmental Protection Agency. WATERS GeoViewer. Accessed May 26, 2023, https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=074cfede236341b6a1e03779c2bd0692 12 California Department of Fish and Wildlife. California Natural Diversity Database. Accessed May 26, 2023, https://wildlife.ca.gov/Data/CNDDB 13 California Department of Fish and Wildlife. Biogeographic Information and Observation System 6. Accessed May 26, 2023, https://apps.wildlife.ca.gov/rarefind/view/RareFind.aspx#
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 36 Table 4-3 Special-Status Species Occurrences within 5-mile radius of Project site Species Date Rank Distance to site
San Joaquin kit fox 1999/08/20 Poor Within the site (non-specific area) Succulent owl’s-clover 1997/04/19 Poor 2.6 miles northeast (specific area) California tiger salamander 2016/02/17 Fair 2.7 miles northeast (specific area) Vernal pool fairy shrimp 2016/02/18 Good 2.6 miles northeast Swainson’s hawk 2007/06/28 Good 2.1 miles southeast
Vernal pool fairy shrimp 1997/02/13 Fair 2.6 miles southeast Swainson’s hawk 2008/05/14 Fair 3.5 miles southeast
Swainson’s hawk 2008/05/14 Fair 4.2 miles southeast
Tricolored blackbird 1971/05/09 Unknown 4.5 miles south Only federally or state-listed threatened/endangered species are listed in the table.
Extirpated or possible extirpated occurrences are not shown in the table.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 37 Figure 4-1 CNDDB Species Occurrences
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 38 Table 4-4 Essential Habitats and Potential Existence of Special-Status Species on Site Special-Status
Species General Habitat Micro Habitat Assessment
San Joaquin
kit fox
Annual grasslands or grassy
open stages with scattered
shrubby vegetation.
Need loose-textured sandy
soils for burrowing, and
suitable prey base.
The Project site consists of loamy sand
and is covered by ruderal vegetation,
which could be suitable habitat for San
Joaquin kit fox. However, the Project
site is small and is located within an
urbanized area with surrounding
commercial and residential
development.
Succulent
owl’s-clover
Vernal pools. Moist places, often in acidic
soils. 20-705 m.
The Project site does not contain water
features. As such, the site does not
provide suitable habitat.
California
tiger
salamander
Lives in vacant or mammaloccupied burrows
throughout most of the year;
in grassland, savanna, or
open woodland habitats.
Need underground refuges,
especially ground squirrel
burrows, and vernal pools or
other seasonal water
sources for breeding.
The Project site does not contain
grassland, burrows, woodland, or
waterbodies. As such, the site does not
provide suitable habitat.
Vernal pool
fairy shrimp
Endemic to the grasslands of
the Central Valley, Central
Coast mountains, and South
Coast mountains, in astatic
rain-filled pools.
Inhabit small, clear-water
sandstone-depression pools
and grassed swale, earth
slump, or basalt-flow
depression pools.
The Project site does not contain
grassland or waterbodies. As such, the
site does not provide suitable habitat.
Swainson’s
hawk
Breeds in grasslands with
scattered trees, juniper-sage
flats, riparian areas,
savannahs, and agricultural
or ranch lands with groves or
lines of trees.
Requires adjacent suitable
foraging areas such as
grasslands, or alfalfa or grain
fields supporting rodent
populations.
The Project site does not contain
grassland, alfalfa, or grain fields. As
such, the site does not provide suitable
habitat.
Tricolored
Blackbird
Highly colonial species, most
numerous in central valley
and vicinity. Largely endemic
to California.
Requires open water,
protected nesting substrate,
and foraging area with insect
prey within a few km of the
colony.
The Project site does not contain any
open water. As such, the site does not
provide suitable habitat.
California Fish and Game Code
Sections 3503, 3503.5, and 3513 of the California Fish and Game Code specifically protect native birds and raptors.
Mitigation for avoidance of impacts to nesting birds is typically necessary to comply with these Sections of the Fish and Game Code in CEQA. 14
Section 3503: It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto. 14 The California Biologist's Handbook. California Fish and Game Code. Accessed on May 26, 2023, https://biologistshandbook.com/regulations/state-regulations/state-fish-and-gamecode/#:~:text=Section%203503,any%20regulation%20made%20pursuant%20thereto.%E2%80%9D
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 39 Section 3503.5: It is unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birdsof-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.
Section 3513: It is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Treaty Act.
City of Atwater General Plan (2000)
The Atwater General Plan Open Space and Conservation Element identified 21 special-status species to have the potential to occur and five (5) species have been observed in or near the Atwater Planning Area. It maps the location of special-status species in the city’s Planning area, and none are located within or in the immediate vicinity of the Project site. The Atwater General Plan15 outlined policies related to the conservation of biological resources:
GOAL CO-6. Minimize impacts of development on wildlife and wildlife habitat, particularly special status species.
Policy CO-6.1. Consider opportunities for habitat preservation and enhancement in conjunction with public facility projects, particularly parks and storm drainage facilities.
Policy CO-6.2. Encourage the preservation of corridors between natural habitat areas to allow for the movement of wildlife and to prevent the creation of "biological islands." Implementation Program CO-6.a. When new development or redevelopment activities are proposed in locations with the potential for special status species to occur, require the project applicant to submit a report by a qualified biologist addressing the presence or absence of any special status species on the development site. The report shall include recommendations for avoiding or minimizing impacts on any special status species or habitat found to be present.
4.4.2 Impact Assessment
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less than Significant Impact. The existing biotic conditions and resources of the pump station and basin site can be defined primarily as ruderal and herbaceous vegetation with heavy alternation due to discing and grading. There are no structures, trees, or shrubs on site. No water features are present. An irrigation canal is located adjacent north to the Project site.
As described in Table 4-5, the site conditions provide low suitability for habitat for special-status candidate, sensitive, or special-status species that may occur on the Project site or vicinity. However, there is one (1) recorded occurrence of San Joaquin kit fox on the Project site dated 1999. The Project site consists of loamy sand and is 15 City of Atwater, California. (2000). City of Atwater 2000 General Plan Open Space and Conservation Element. Accessed on October 13, 2021, https://www.atwater.org/docs/generalplan/CHAPTER_4__OPEN_SPACE_AND_C.PDF
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 40 covered by ruderal vegetation, which could be suitable habitat for San Joaquin kit fox. However, the Project site is small and is located within an urbanized area with surrounding commercial and residential development. In addition, the development of a storm water basin as proposed by the Project would cause little impacts on wildlife since this type of Project provides habitat preservation and enhancement to an extent, as established per City of Atwater General Plan Policy CO-6.1. As such, it is anticipated that the Project would not have a substantial adverse impact on special-status species found in the area (5-mile of the Project site). In addition, there are no trees or shrubs within the Project site that could provide habitat for birds and raptors that are protected under CFGC Sections 3503 and 3503.5. As such, the Project have a less than significant effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S.
Fish and Wildlife Service?
No Impact. According to the General Plan and CDFW and USFWS databases, there are no known riparian habitats or other sensitive natural communities identified on the Project site or within the immediate vicinity of the Project.
In addition, the site does not contain any water features that would provide habitat for riparian species. For these reasons, it can be determined that the Project site does not provide any riparian or sensitive natural community habitat and thus, no impact would occur because of the Project. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. Based on the search of the NWI, the Project site does not contain any federally protected wetlands. As a result, it can be determined that the Project site would not result in any impact on state or federally protected wetlands and no impact would occur because of the Project. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant Impact. Wildlife movement corridors are linear habitats that function to connect two (2) or more areas of significant wildlife habitat. These corridors may function on a local level as links between small habitat patches (e.g., streams in urban settings) or may provide critical connections between regionally significant habitats (e.g., deer movement corridors). Wildlife corridors typically include vegetation and topography that facilitate the movements of wildlife from one area of suitable habitat to another, in order to fulfill foraging, breeding, and territorial needs. These corridors often provide cover and protection from predators that may be lacking in surrounding habitats. Wildlife corridors generally include riparian zones and similar linear expanses of contiguous habitat.
According to the Figure 4-5, we can see that the occurrence of the San Joaquin kit fox on the Project site, dated 1999, moves along the irrigation canal. As such, the irrigation canal might be a movement corridor for the San Joaquin kit fox. However, as stated above in criterion a), the development of a storm water basin, as proposed by the Project, would cause little impacts on wildlife since this type of Project provides habitat preservation and enhancement to an extent, as established per City of Atwater General Plan Policy CO-6.1. Additionally, as described
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 41 in Table 4-5, the Project site does not contain habitat that could support wildlife species in nesting, foraging, or escaping from predators. This is based on the existing conditions of the site including the site’s heavy disturbance and lack of cover, vegetation, water features, and surrounding urban development (i.e., commercial and residential development). Due to these conditions, it can be determined that the Project would not interfere with wildlife movement and a less than significant impact would occur. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than Significant Impact. The Atwater General Plan Open Space and Conservation Element outlined policies related to conservation of biological resources, as listed in the Environmental Setting above. In addition, Chapter
12.32 of the Atwater Municipal Code (AMC) identifies the city’s tree policies and Section 12.32.080 addresses new construction. Planting, maintenance, and removal of existing trees on the Project site would be subject to compliance with these standards and regulations. Since the Project site does not currently include any trees, the Project is not subject to the submission of a tree protection plan (TPP). As such, the Project would have a less than significant impact.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project site is within the PG&E San Joaquin Valley Operation and Maintenance Habitat Conservation Plan (HCP). The HCP covers PG&E’s routine operations and maintenance activities and minor new construction, on any PG&E gas and electrical transmission and distribution facilities, easements, private access routes, or lands owned by PG&E. The Project would not conflict or interfere with HCP. The Project is also located in the planning area of the Recovery Plan for Upland Species of the San Joaquin Valley, which addresses recovery goals for several species. The Project would not conflict with the plan since the site does not provide appropriate habitat for the species mentioned and would comply to applicable General Plan policies regarding habitat conservation. The City, County, and Regional Planning Agency do not have any other adopted or approved plans for habitat or natural community conservation. For these reasons, the Project would have no impact.
4.4.3 Mitigation Measures
None required.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 42
4.5 CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in
the significance of a historical
resource as defined in Section
15064.5?
X
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to Section
15064.5?
X
c) Disturb any human remains, including
those interred outside of formal
cemeteries?
X
4.5.1 Environmental Setting
Generally, the term ‘cultural resources’ describes property types such as prehistoric and historical archaeological sites, buildings, bridges, roadways, and tribal cultural resources. As defined by CEQA, cultural resources are considered “historical resources” that meet criteria in Section 15064.5(a) of the CEQA Guidelines. If a Lead Agency determines that a project may have a significant effect on a historical resource, then the project is determined to have a significant impact on the environment. No further environmental review is required if a cultural resource is not found to be a historical resource.
California Historical Resource Information System Record Search The Central California Information Center (CCIC) was requested to conduct a California Historical Resources Information System (CHRIS) Record Search for the Project site and surrounding “Project Area” (0.5-mile radiusfrom perimeter of Project site). Results of the CHRIS Record Search were provided on May 30, 2023 (Record Search File Number 12555I). Full results are provided in Appendix B.
The CHRIS Record Searches generally review file information based on results of Class III pedestrian reconnaissance surveys of project sites conducted by qualified individuals or consultant firms which are required to be submitted, along with official state forms properly completed for each identified resource, to the Regional Archaeological Information Center. Guidelines for the format and content of all types of archaeological reports have been developed by the California Office of Historic Preservation, and reports will be reviewed by the regional information centers to determine whether they meet those requirements.
The results of the CCIC CHRIS Record Search indicate:
(1) There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
(2) The project area is within the overall boundary of the proposed “Merced Irrigation District” (P-24-001909), listed in the Office of Historic Preservation Built Environment Resource Directory (BERD) for Merced County
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 43 with a National Register of Historic Places (NRHP) rating of “6Y”, determined ineligible for the NRHP by consensus through the Section 106 process, not evaluated for the California Register of Historical Resources or for local listing. There do not appear to be any contributing water conveyance features to the district within the project area.
Further, the CCIC provided the following comments and recommendations:
(1) Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline. (2) If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources. (3) Mitigate archaeological resources that could potentially be encountered during construction.
California Native American Heritage Commission (NAHC)
A consultation list of tribes with traditional lands or cultural places located within Merced County was requested and received from the California Native American Heritage Commission (NAHC) on June 26, 2023. The listed tribes include Amah Mutsun Tribal Band, Dumna Wo-Wah Tribal Government, North Fork Rancheria of Mono Indians*, North Valley Yokuts Tribe, Southern Sierra Miwuk Nation, Table Mountain Rancheria*, Tule River Indian Tribe*, and Wuksachi Indian Trib/Eshom Valley Band. The NAHC also conducted a Sacred Lands File (SFL) search which was negative. *Federally recognized tribe. The NAHC also conducted a Sacred Lands File (SFL) check which received negative results. Correspondence is provided in Appendix C.
AB 52 Tribal Consultation
The City of Atwater conducted formal tribal consultation pursuant to AB 52 on June 22, 2023, with three (3) tribes that requested tribal consultation, Amah Mutsun Tribal Band, Southern Sierra Miwuk Nation, and North Valley Yokuts Tribe. Consultation ended on July 22, 2023. No response was received.
4.5.2 Impact Assessment
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
Less than Significant Impact. According to the CHRIS Record Search conducted on May 30, 2023, there are no local, state, or federal designated historical resources on the Project site or within the Project area. Further, the Project site has been highly disturbed as it has been used for agricultural operations. As such, the Project would not cause a change to a historical resource pursuant to Section 15064.5 and therefore, the Project would have no impact. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less than Significant Impact. Based on the CHRIS Records Search conducted on May 30, 2023, there are no known archeological resources pursuant to Section 15064.5 on the Project site. As a result, the Project would have a less than significant impact.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 44 c) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact. There is no evidence that human remains exist on the Project site. Nevertheless, there is some possibility that a non-visible buried site may exist and may be uncovered during ground disturbing construction activities which would constitute a significant impact. If any human remains are discovered during construction, then the Project would be subject to CCR Section 15064.5(e), PRC Section 5097.98, and California Health and Safety Code Section 7050.5. Regulations contained in these sections address and protect human burial remains. Compliance with these regulations would ensure impacts to human remains, including those interred outside of formal cemeteries, are less than significant. As such, the Project would have a less than significant impact.
4.5.3 Mitigation Measures
None required.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 45
4.6 ENERGY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to
wasteful, inefficient, or unnecessary
consumption of energy resources,
during project construction or
operation?
X
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
X
4.6.1 Environmental Setting
Appendix F – Energy Conservation of the CEQA Guidelines requires consideration of energy implications in project decisions, including a discussion of the potential energy impacts with emphasis on avoiding or reducing inefficient, wasteful, and unnecessary consumption of energy resources (Public Resources Code Section 21100(b)(3)). Per Appendix F, a project would be considered inefficient, wasteful, and unnecessary if it violated existing energy standards, had a negative effect on local and regional energy supplies and requirements for additional capacity, had a negative effect on peak and base period demands for electricity and other energy forms, and effected energy resources.
The California Energy Commission updates the Building Energy Efficiency Standards (Title 24, Parts 6 and 11) every three years as part of the California Code of Regulations. The standards were established in 1978 in an effort to reduce the state’s energy consumption. They apply to new construction of, and additions and alterations to, residential and nonresidential buildings and relate to various energy efficiencies including but not limited to ventilation, air conditioning, and lighting. 16 The California Green Building Standards Code (CALGreen), Part 11, Title 24, California Code of Regulations, was developed in 2007 to meet the state goals for reducing Greenhouse Gas emissions pursuant to AB32. CALGreen covers five (5) categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality. 17 The 2019 Building Energy Efficiency Standards went into effect on January 1, 2020. Additionally, the California Air Resources Board (CARB) oversees air pollution control efforts, regulations, and programs that contribute to reduction of energy consumption. Compliance with these energy efficiency regulations and programs ensuresthat development will not result in wasteful, inefficient, or unnecessary consumption of energy sources. Lastly, the Energy Action Plan 16 California Energy Commission. 2019 Building Energy Efficiency Standards. Accessed on March 17, 2023, https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2019-building-energyefficiency 17 California Department of General Services. (2020). 2019 California Green Building Standards Code. Accessed on March 17, 2023, https://codes.iccsafe.org/content/CGBC2019P3
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 46 (EAP) for California was approved in 2003 by the California Public Utilities Commission (PUC). The EAP established goals and next steps to integrate and coordinate energy efficiency demand and response programs and actions. 18 4.6.2 Impact Assessment
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. The Project proposes the construction of a storm water basin, pump station, and storm drain interceptor. There are no unusual project characteristics or construction processes that would require the use of equipment that would be more energy intensive than is used for comparable activities. All construction equipment shall conform to current emissions standards and related fuel efficiencies. In addition, through compliance with applicable CARB regulations (Airborne Toxic Control Measure), California Code of Regulations (Title 13, Motor Vehicles), and Title 24 standards, it can be determined that the proposed Project would not consume energy in a manner that is wasteful, inefficient, or unnecessary. For these reasons, the Project would result in a less than significant impact.
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. As discussed under criterion a), the construction and operations of the Project would be subject to compliance with applicable energy efficiency regulations. Thus, applicable state and local regulations and programs would be implemented to reduce energy waste from construction and operations. Table 4-5 demonstrates that the Project does not conflict with or obstruct with the energy conservation/efficiency policies identified in the General Plan.
Table 4-5 Consistency with General Plan Energy Conservation Policies General Plan Energy Conservation Policies Consistency/Applicability Determination Policy CO-7.1. Encourage the incorporation of
energy conservation features into new
development, such as high-density development,
bikeways and pedestrian paths, proper solar
orientation, and transit routes and facilities.
Consistent. The development of the Project proposes a
storm water basin and pump station that discharge into the irrigation canal adjacent north of the site. As such, the location of the Project conserves energy due to its proximity to the canal.
Therefore, through compliance, the Project would not conflict with or obstruct any state or local plan for energy efficiency and a less than significant impact would occur because of the Project.
4.6.3 Mitigation Measures
None required.
18 State of California. (2008). Energy Action Plan 2008 Update. Accessed on May 31, 2023, https://docs.cpuc.ca.gov/word_pdf/REPORT/28715.pdf
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 47
4.7 GEOLOGY AND SOILS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Directly or Indirectly cause potential
substantial adverse effects, including
the risk of loss, injury, or death
involving:
i. Rupture of a known
earthquake fault, as
delineated on the most recent
Alquist-Priolo Earthquake
Fault Zoning Map issued by
the State Geologist for the
area or based on other
substantial evidence of a
known fault? Refer to Division
of Mines and Geology Special
Publication 42.
X
ii. Strong seismic ground
shaking? X
iii. Seismic-related ground
failure, including liquefaction? X
iv. Landslides? X
b) Result in substantial soil erosion or the
loss of topsoil? X
c) Be located on a geologic unit or soil
that is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading,
subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as
defined in Table 18-1-B of the Uniform
Building Code (1994), creating
substantial risks to life or property?
X
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal
systems where sewers are not
available for the disposal of waste
water?
X
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 48 f) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
X
4.7.1 Environmental Setting
Atwater is located within the San Joaquin Valley which is part of the Great Valley Geomorphic Providence that is bounded to the east by the Sierra Nevada Mountain range, to the west by the Coastal Range, and to the south by the Tehachapi mountains. Atwater has infrequent and low historic seismic activity. In addition, the city has no known active earthquake faults (i.e., faults showing activity within the last 11,000 years) and is not in any AlquistPriolo Special Studies Zones. 19 20 The nearest faults are approximately 20 miles to the northeast in the Sierra Nevada Range (i.e., the Bear Mountain Fault) and approximately 30 miles to the southwest in the Diablo/Coastal Range (i.e., the San Joaquin, O’Neill, and Ortigalita Faults). The Ortigalita Fault is the nearest fault within the Alquist-Priolo earthquake fault zone; the fault has not been historically active. Earthquakes from nearby faults would most likely generate ground motion of shaking, but there is no history of this causing damage in the area. Compliance with the California Building Code (CBC) would be sufficient to prevent significant damage during seismic events.
Subsurface Soils
A search of the Web Soil Survey by the USDA Natural Resources Conservation Service indicates that the following soils comprise the Project site: 21
AgA: Atwater loamy sand, deep over hardpan, 0 to 3 percent slopes, well drained, and very low runoff. The depth to water table is 42 inches to cemented horizon. The AgA soils account for 100% of the Project site.
California Building Code
The California Code of Regulations (CCR) Title 24 is assigned to the California Building Standards Commission, which, by law, is responsible for coordinating all building standards. The California Building Code incorporates by reference the International Building Code with necessary California amendments. About one-third of the text within the California Building Standards Code has been tailored for California earthquake conditions. Construction within the City of Atwater is governed by the seismic safety standards of Chapter 16 of the Code. These standards are applicable to all new buildings and are required to provide the necessary safety from earthquake related effected emanating from fault activity.
19 According to the California Department of Conservation, “An active fault, for the purposes of the Alquist-Priolo Act, is one that has ruptured in the last 11,000 years.”
20 California Department of Conservation. “CGS Seismic Hazard Program: Alquist-Priolo Fault Hazard Zones.” Accessed on May 31, 2023, https://gis.data.ca.gov/maps/ee92a5f9f4ee4ec5aa731d3245ed9f53/explore?location=37.213952%2C117.946341%2C7.19 21 United States Department of Agriculture Natural Resources Conservation Service. “Web Soil Survey.” Accessed on May 26, 2023, https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 49
4.7.2 Impact Assessment
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
No Impact. There are no known active earthquake faults in the City of Atwater, inclusive of the Project site, nor is the City of Atwater within an Alquist-Priolo earthquake fault zone as established by the Alquist-Priolo Fault Zoning Act. As such, development of the Project in an area void of earthquake faults would not cause rupture of a known earthquake fault. Therefore, no impact would occur as a result of the Project. ii. Strong seismic ground shaking?
Less than Significant Impact. The Project site is in an area that is traditionally characterized by relatively low seismic activity. Additionally, development of the Project site would be required to comply with current seismic protection standards in the California Building Code (CBC), which would limit potential damage to structures and thereby reduce potential impacts including the risk of loss, injury, or death. Compliance with the CBC would ensure a less than significant impact.
iii. Seismic-related ground failure, including liquefaction? No Impact. No liquefaction nor lateral spreading have been observed in Atwater from any historic earthquake.
Liquefaction and lateral spreading potential in Atwater are considered very low as due to the nature of the underlying soils, relatively deep-water table, and history of low ground shaking potential. In addition, there are no geologic hazards or unstable soil conditions known to exist on the Project site. The site is relatively flat with stable soils and no apparent unique or significant landforms. As CEQA requires an analysis of a Project’s impact on the environment rather than the environment’s impacts on a Project, no impacts would occur. Therefore, because the Project does not have any aspect that could result in seismic-related ground failure, including liquefaction, the Project would have no impact.
iv. Landslides?
No Impact. Landslides are not expected to affect the Project site as the City of Atwater is not located in a zone where landslides, subsidence, or liquefaction could possibly occur. The topography of the Project site is relatively flat with stable, native soils, and the site is not in the immediate vicinity of rivers or creeks that would be more susceptible to landslides. Therefore, no impact would occur because of the Project. b) Result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. Soil erosion and loss of topsoil can be caused by natural factors, such as wind and flowing water, and human activity. The Project site is relatively flat and mostly paved, which limits the potential for substantial soil erosion. Development of the Project site would require typical site preparation activities such as grading and trenching which may result in the potential for short-term soil disturbance or erosion impacts. Soil
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 50 disturbance during construction is largely caused by the use of water. Excessive soil erosion could cause damage to existing structures and roadways.
The likelihood of erosion occurring during construction would be reduced through site grading and surfacing, which would be subject to review and approval by the City for compliance with applicable standards. Development of the Project would be required to comply with AMC Chapter 12.22 – Stormwater Management and Discharge Control Ordinance, which requires that any person performing construction activities in the City shall prevent pollutants from entering the storm water conveyance system and comply with all applicable Federal, State, and local laws, ordinances or regulations, including but not limited to, the current California NPDES general permit for storm water discharges associated with construction activity (construction general permit). All construction projects, regardless of size, having soil disturbance or activities exposed to storm water must, at a minimum, implement best management practices (BMPs) for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures, and prohibited discharges. Implementation of the BMPs minimizes the potential for the Project to result in substantial soil erosion or loss of topsoil. In addition, the City’s Public Works and Building Departments prepare a standard set of conditions for proposed development to the control of dust emissions during grading and other earth moving activities.
The likelihood of erosion would be further reduced through compliance with regulations set by the State Water Resources Control Board (SWRCB). Namely, the SWRCB requires sites larger than one (1) acre to comply with the General Permit for Discharges of Storm Water Associated with Construction Activity (i.e., General Permit Order No. 2009-0009-DWQ). The General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). The SWPPP estimates the sediment risk associated with construction activities and includes best management practices (BMP) to control erosion. BMPs specific to erosion control cover erosion, sediment, tracking, and waste management controls. Implementation of the SWPPP minimizes the potential for the Project to result in substantial soil erosion or loss of topsoil. With these provisions in place, impacts to soil and topsoil by the Project would be considered less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less than Significant Impact. Ground subsidence is the settling or sinking of surface soil deposits with little or no horizontal motion. Soils with high silt or clay content are subject to subsidence. Subsidence typically occurs in areas with groundwater withdrawal or oil or natural gas extraction. The topography of the site is relatively flat with stable, native soils and no apparent unique or significant landforms. Future development of the Project site would be required to comply with current seismic protection standards in the CBC which would significantly limit potential seismic-related hazards such as landslides, lateral spreading, subsidence, liquefaction, or collapse. Compliance with the CBC would ensure a less than significant impact.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? No Impact. The Project site is relatively flat with native soils of loamy sand, which is not expansive. As such, the Project would result in a less than significant impact. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 51 No Impact. The project will not involve the installation of a septic tank or alternative wastewater disposal system.
Thus, no impact would occur.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact. As discussed in the Cultural Resources section above, there are no known paleontological resources or unique geological features known to the City of Atwater on this site. In addition, the Project site is heavily disturbed as it has been previously developed. Nevertheless, there is some possibility that a non-visible, buried resource site, or feature may exist and may be uncovered during ground disturbing construction activities which would constitute a significant impact. As such, the Project will incorporate Mitigation Measure CUL1 as described in Section 4.5. Therefore, if any paleontological resources or geologic features were discovered, implementation of CUL-1 would reduce the Project’s impact to less than significant.
4.7.3 Mitigation Measures
None required.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 52
4.8 GREENHOUSE GAS EMISSIONS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
X
b) Conflict with an applicable plan, policy
or regulation adopted for the purpose
of reducing the emissions of
greenhouse gases?
X
4.8.1 Environmental Setting
In assessing the significance of impacts from GHG emissions, Section 15064.4(b) of the CEQA Guidelines states that a lead agency may consider the following:
• The extent to which the project may increase or reduce GHG emissions as compared to the environmental setting;
• Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project;
• The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions.
The California Air Resources Board (CARB) 2022 Climate Change Scoping Plan, guidance from the SJVAPCD, and City of Atwater General Plan are discussed below and are utilized as thresholds of significance. 2022 Climate Change Scoping Plan
The CARB 2022 Climate Change Scoping Plan is the adopted statewide plan for reduction and mitigation of GHGs to implement Assembly Bill (AB) 1279. AB 1279 was issued on August 12, 2022 to require California to achieve “net zero greenhouse gas emissions” as soon as possible and to further reduce anthropogenic GHG emissions thereafter.
It sets a statewide goal to reduce emissions 85% below 1990 levels no later than 2045.
Consequently, the Scoping Plan involves several measures for cost-effective reduction of GHG emissions, including continuing existing programs such as Renewable Portfolio Standard, Advanced Clean Cars, Low Carbon Fuel Standard, etc., and achieving new mandates to decarbonize several sectors. Along with reducing emissions, environmental justice policies are included to address the ongoing air quality disparities.
Appendix D of the 2022 Scoping Plan include recommendations to build momentum for local government actions to align with State goals, including through CEQA review. The Appendix outlines the priority GHG reduction
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 53 strategies for local governments, including transportation electrification, VMT reduction, and building decarbonization. 22
SJVAPCD CEQA Air Quality Guidelines
The SJVAPCD’s Guidance for Valley Land Use Agencies in Addressing GHG Impacts for New Projects Under CEQA (2009) provides screening criteria for climate change analyses, as well as draft guidance for the determination of significance. 23,24 These criteria are used to evaluate whether a project would result in a significant climate change impact (see below). Projects that meet one of these criteria would have less than significant impact on the global climate.
• Does the project comply with an adopted statewide, regional, or local plan for reduction or mitigation of GHG emissions? If no, then:
• Does the project achieve 29% GHG reductions by using approved Best Performance Standards (BPS)? If no, then
• Does the project achieve AB 32 targeted 29% GHG emission reductions compared with Business As Usual (BAU)?
Assembly Bill (AB) 32 was enacted by the California State legislature in 2006 with the aim to reduce GHG emissions to levels of 1990 by 2020. Recommended actions to achieve these aims were adopted by the California Air Resources Board (CARB) in 2008 (i.e., the Climate Change Scoping Plan). However, the 29% GHG emission reductions compared to BAU threshold is outdated since it is aimed to meet AB 32’s 2020 goals, thus this threshold would not be used for analysis.
The City of Atwater does not have an adopted Climate Action Plan or GHG Reduction Plan. Because BPS have not yet been adopted and identified for specific development projects, and because the City of Atwater has not yet adopted a plan for reduction of GHG with which the Project can demonstrate compliance, the California Air Resources Board (CARB) 2022 Climate Change Scoping Plan and guidance from the San Joaquin Valley Air Pollution Control District (SJVAPCD) will be used as the threshold of significance.
San Joaquin Valley Air Pollution Control District
SJVAPCD adopted Guidance for Valley Land‐use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA and the policy District Policy—Addressing GHG Emission Impacts for Stationary Source Projects Under CEQA When Serving as the Lead Agency in 2009. It recognized that project-specific emissions are cumulative and could be considered cumulatively considerable without mitigation. SJVAPCD suggested that the requirement to reduce GHG emissions for all projects is the best method to address this cumulative impact. 22 California Air Resources Board. (2022). 2022 Scoping Plan Appendix D. Accessed on June 1, 2023, https://ww2.arb.ca.gov/sites/default/files/2022-11/2022-sp-appendix-d-local-actions.pdf 23 San Joaquin Valley Air Pollution Control District. (2009). Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. Accessed June 1, 2023, http://www.valleyair.org/Programs/CCAP/12-17- 09/3%20CCAP%20-%20FINAL%20LU%20Guidance%20-%20Dec%2017%202009.pdf. 24 San Joaquin Valley Air Pollution Control District. (2000). Environmental Review Guidelines: Procedures for Implementing the California Environmental Quality Act. Accessed June 1, 2023, http://www.valleyair.org/transportation/CEQA%20Rules/ERG%20Adopted%20_August%202000_.pdf
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 54 The SJVAPCD requires quantification of GHG emissions for all projects which the lead agency has determined that an EIR is required. Although an EIR is not required for the Project, the GHG emissions are quantified below. Shortterm construction and long-term operational GHG emissions for project buildout were estimated using CalEEModTM (v.2020.4.0). (See Appendix A). CalEEMod is a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify GHG emissions from land use projects. The model quantifies direct GHG emissions from construction and operation (including vehicle use), as well as indirect GHG emissions, such as GHG emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. Emissions are expressed in annual metric tons of CO2 equivalent units of measure (i.e., MTCO2e), based on the global warming potential of the individual pollutants.
City of Atwater General Plan
At the local level, while the City of Atwater General Plan does not meet criteria of the CEQA Guidelines 15064.4(b)(3) for an appropriate GHG emissions reduction plan or program, the General Plan does have goals and policies relevant to climate change and minimizing GHG emissions and other pollutants, with an overall aim to reduce air quality impacts on the environment. These goals and policies are outlined in the Open Space and Conservation Element (CO), “Air Quality”, and Safety Element (SF), “Wind Erosions and Dust Storms”.
GOAL CO-3. Strive to reduce air emissions and obtain goals set in local and regional air quality attainment plans.
Policy CO-3.1. Cooperate with the San Joaquin Valley Unified Air Pollution Control District (APCD) in implementing air quality improvement plans prepared by the District.
Policy CO-3.2. Encourage land use development projects that would result in fewer adverse air quality impacts, such as mixed use and pedestrian-oriented projects.
Policy CO-3.3. Encourage the use of modes of transportation other than automobiles.
GOAL SF-7. Prevent activities that contribute to increased wind erosion.
Policy SF-7.1. Require all projects that involve grading or other earth moving activities to implement dust control measures to reduce dust emissions.
4.8.2 Impact Assessment
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant Impact. The 2023 CEQA Guidelines do not establish a quantitative threshold of significance for GHG impacts, leaving lead agencies the discretion to establish such thresholds for their respective jurisdictions.
Since the SJVAPCD does not have established GHG significance emissions thresholds and the City of Atwater does not have an adopted CAP for CEQA tiering purposes, the following utilizes qualitative analysis for greenhouse gas emission impacts.
• Construction Emissions: In regard to construction, the SJVAPCD does not recommend assessing pollution associated with construction, as pollution-related construction will be temporary. These construction GHG emissions are a one-time release. As such, it can be anticipated that these construction emissions would not generate a significant contribution to global climate change over the lifetime of the Project.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 55 • Operational Emissions: Long-term operational related GHG emissions include vehicle emissions, emissions associated with utility and water usage, and wastewater and solid waste generation. The operations of the Project, including a storm water basin, pipelines, and a pump station, will generate minimal vehicle emissions since only maintenance vehicles are required for operation.
Further, the Project would not exceed the thresholds of significance for construction or operational emissions as discussed in Section 4.3. Additionally, as discussed in more detail below, the Project would be generally consistent with the applicable goals and policies related to GHG reduction measures, including CARB’s 2022 Scoping Plan and SJVAPCD guidelines, and the City of Atwater General Plan goals and policies that aim to reduce air emissions and improve air quality, which reduces GHG emissions as a result. Cumulatively, these emissions would not generate a significant contribution to global climate change over the lifetime of the proposed Project. As such, it can be determined that the Project would not occur at a scale or scope with potential to contribute substantially or cumulatively to the generation of GHG emissions and therefore the impact would be less than significant. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact. The compatibility of the Project with the 2022 Scoping Plan and MCAP, MCAG RTP/SCS, SJVAPCD CCAP, and applicable goals in the Atwater General Plan.
Consistency with the 2022 Climate Change Scoping Plan
Based on the evaluation shown in Table 4-6, the Project is consistent with the reduction measures identified in the 2022 Scoping Plan. The reduction measures are derived from the 2022 Scoping Plan Table 1 – Priority GHG Reduction Strategies, which provides 3 priority areas to assist jurisdictions with developing local climate action plans.
Table 4-6 Scoping Plan Priority GHG Reduction Strategies Consistency Analysis Priority Areas Priority GHG Reduction Strategies Consistency/Applicability Determination Transportation
Electrification
Convert local government fleets to ZEVs and provide EV
charging at public sites.
Not Applicable. The Project is not accessible
to the public.
Create a jurisdiction-specific ZEV ecosystem to support deployment of ZEVs statewide (such as building
standards that exceed state building codes, permit
streamlining, infrastructure siting, consumer education, preferential parking policies, and ZEV readiness plans).
Not Applicable. This is a city-wide strategy
thus is not applicable to the Project.
VMT Reduction
Reduce or eliminate minimum parking standards. Not Applicable. This is a city-wide strategy thus is not applicable to the Project.
Implement Complete Streets policies and investments,
consistent with general plan circulation element
requirements.
Not Applicable. No roadways are proposed as
part of the Project.
Increase access to public transit by increasing density of development near transit, improving transit service by
increasing service frequency, creating bus priority lanes, reducing or eliminating fares, microtransit, etc.
Not Applicable. The Project is not accessible
to the public, thus does not need to consider
proximity to transit.
Increase public access to clean mobility options by
planning for and investing in electric shuttles, bike share, car share, and walking
Not Applicable. The Project is not accessible
to the public, thus does not need to consider
mobility options.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 56 Implement parking pricing or transportation demand
management pricing strategies.
Not Applicable. The Project is not accessible
to the public, thus does not need to consider
parking strategies.
Amend zoning or development codes to enable mixeduse, walkable, transit-oriented, and compact infill development (such as increasing the allowable density
of a neighborhood)
Not Applicable. This is a city-wide strategy
thus is not applicable to the Project.
Preserve natural and working lands by implementing
land use policies that guide development toward infill
areas and do not convert “greenfield” land to urban uses (e.g., green belts, strategic conservation easements)
Consistent. The Project is proposed on a site
surrounded by existing urban development.
Building
Decarbonization
Adopt all-electric new construction reach codes for
residential and commercial uses.
Not Applicable. This is a city-wide strategy
thus is not applicable to the Project. In
addition, the Project does not propose
residential or commercial use.
Adopt policies and incentive programs to implement
energy efficiency retrofits for existing buildings, such as weatherization, lighting upgrades, and replacing energyintensive appliances and equipment with more efficient systems (such as Energy Star-rated equipment and
equipment controllers).
Not Applicable. This is a city-wide strategy
thus is not applicable to the Project. In
addition, the Project does not include
retrofits for existing buildings.
Adopt policies and incentive programs to electrify all
appliances and equipment in existing buildings such as
appliance rebates, existing building reach codes, or time of sale electrification ordinances
Not Applicable. This is a city-wide strategy
thus is not applicable to the Project. In
addition, the Project does not include
retrofits for existing buildings.
Facilitate deployment of renewable energy production
and distribution and energy storage on privately owned
land uses (e.g., permit streamlining, information
sharing)
Not Applicable. This is a city-wide strategy
thus is not applicable to the Project. In
addition, the Project is located on public land.
Deploy renewable energy production and energy
storage directly in new public projects and on existing public facilities (e.g., solar photovoltaic systems on
rooftops of municipal buildings and on canopies in public parking lots, battery storage systems in municipal
buildings)
Not Applicable. No solar PV systems are
proposed since the Project proposes a basin
and pump station. Other pipelines will be
constructed undergound.
Consistency with the MCAG RTP/SCS
The Merced CAG’s 2018 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) includes a series of goals for the region that would reduce GHG emissions based on the land use consistency and the reduction of vehicle trips. Relevant goals and policies include:
Goal 12 Sustainable Communities: Reduce per capita greenhouse gas emissions through compact growth and alternative transportation strategies. Protect and enhance the natural environment. Support vehicle electrification and the provision of electrification infrastructure in public and private parking facilities and structures.
Policy 12.1. Prioritize infill and growth in existing communities.
Most goals and policies are implemented at the regional or city level. Since the proposed Project is an infill development (i.e., surrounded by urban development) in an urbanized area and will be subject to local regulations, the Project would be consistent with goals and policies identified in the RTP/SCS.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 57 Consistency with the Atwater General Plan
The Project complies with the General Plan goals and policies as listed in the Environmental Settings since it is generally compliant with the SJVAPCD air quality attainment plans.
In conclusion, the Project contains features that would reduce GHG emissions in compliance with CARB 2022 Climate Change Scoping Plan, MCAG RTP/SCS, and the General Plan. As such, the Project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, and therefore the impact would be less than significant.
4.8.3 Mitigation Measures
None required.
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 58
4.9 HAZARDS AND HAZARDOUS MATERIAL
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Create a significant hazard to the
public or the environment through
the routine transport, use, or disposal
of hazardous materials?
X
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
X
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
X
d) Be located on a site which is included
on a list of hazardous materials sites
compiled pursuant to Government
Code Section 65962.5 and, as a result,
would it create a significant hazard to
the public or the environment?
X
e) For a project located within an airport
land use plan or, where such a plan
has not been adopted, within two
miles of a public airport or public use
airport, would the project result in a
safety hazard for people residing or
working in the project area?
X
f) Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
X
g) Expose people or structures, either
directly or indirectly, to a significant
risk of loss, injury or death involving
wildland fires?
X
4.9.1 Environmental Setting
For the purposes of this section, the term “hazardous materials” refers to "injurious substances," which include flammable liquids and gases, poisons, corrosives, explosives, oxidizers, radioactive materials, and medical supplies and waste. These materials are either generated or used in various commercial and industrial activities. Hazardous
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 59 wastes are injurious substances that have been or will be disposed of. Potential hazards arise from the transport of hazardous materials, including leakage and accidents involving transporting vehicles. There also are hazards associated with the use and storage of these materials and waste. Hazardous materials are grouped into the following four categories based on their properties:
• Toxic: causes human health effect
• Ignitable: has the ability to burn
• Corrosive: causes severe burns or damage to materials • Reactive: causes explosions or generates toxic gases
“Hazardous wastes” are defined in California Health and Safety Code Section 25141(b) as wastes that: “…because of their quantity, concentration, or physical, chemical, or infectious characteristics, [may either] cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.” Hazardous waste is any hazardous material that is discarded, abandoned, or slated to be recycled. If improperly handled, hazardous materials and hazardous waste can result in public health hazards if released into the soil or groundwater or through airborne releases in vapors, fumes, or dust. Soil and groundwater having concentrations of hazardous constituents higher than specific regulatory levels must be handled and disposed of as hazardous waste when excavated or pumped from an aquifer. The California Code of Regulations, Title 22, Sections 66261.20‐24 contains technical descriptions of toxic characteristics that could cause soil or groundwater to be classified as hazardous waste.
Hazardous waste generators may include industries, businesses, public and private institutions, and households.
Federal, state, and local agencies maintain comprehensive databases that identify the location of facilities using large quantities of hazardous materials, as well as facilities generating hazardous waste. Some of these facilities use certain classes of hazardous materials that require risk management plans to protect surrounding land uses. The release of hazardous materials would be subject to existing federal, state, and local regulations and is similar to the transport, use, and disposal of hazard materials.
Regulatory Setting
The California Environmental Protection Agency (CalEPA) was established in 1991 to protect the environment.
CalEPA oversees the Unified Program through Certified Unified Program Agencies (CUPAs), which consolidates six (6) environmental programs to ensure the handling of hazardous waste and materials in California. The local CUPA in Merced County, Department of Public Health, Division of Environmental Health (MCDEH), is responsible for administering the following six (6) CUPA programs:
• Hazardous Materials Business Plan (HMBP)
• California Accidental Release Program (CalARP)
• Underground Storage Tank Program (UST)
• Aboveground Storage Tank Program (APSA)
• Hazardous Waste Generator Program
• Tiered Permitting Program
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 60 The Department of Toxic Substances Control (DTSC) is another agency in California that regulates hazardous waste, conducts inspections, provide emergency response for hazardous materials-related emergencies, protect water resources from contamination, removing wastes, etc. DTSC acts under the authority of Resource Conservation and Recovery Act (RCRA) and California Health and Safety Code. The DTSC implements the California Code of Regulations (CCR) Title 22 Division 4.5 to manage hazardous waste. Government Code Section 65962.5 requires that DTSC shall compile and update at least annually a list of:
(1) All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code (“HSC”).
(2) All land designated as hazardous waste property or border zone property pursuant to Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code. (3) All information received by the Department of Toxic Substances Control pursuant to Section 25242 of the Health and Safety Code on hazardous waste disposal on public land. (4) All sites listed pursuant to Section 25356 of the Health and Safety Code. (5) All sites included in the Abandoned Site Assessment Program.
This list of hazardous waste sites in California, referred to as the Cortese List, is then distributed to each city and county. According to the CCR Title 22, soil excavated from a site containing hazardous materials is considered hazardous waste, and remediation actions should be performed accordingly. Cleanup requirements are determined case-by-case by the jurisdiction.
Record Search
The United States Environmental Protection Agency (EPA) Superfund National Priorities List (NPL) 25, California Department of Toxic Substance Control’s EnviroStor database 26 , and the State Water Resources Control Board’s GeoTracker database 27 include hazardous release and contamination sites. A search of each database was conducted on June 6, 2023. The searches revealed no sites are present on the Project site.
4.9.2 Impact Assessment
Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less than Significant Impact. The Project proposed a new detention basin and a new storm drain pump station and a storm drain interceptor from the basin, along Brownell Street, to the existing 36” drainage pipe between Fortuna and Terri Drive, as well as parallel line on Terri Drive and Mary Lane. The Project is designed to serve Drainage Zone 25 United States Environmental Protection Agency. Superfund National Priorities List. Accessed June 7, 2023, https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=33cebcdfdd1b4c3a8b51d416956c41f1 26 California Department of Toxic Substances Control. Envirostor. Accessed June 6, 2023, https://www.envirostor.dtsc.ca.gov/public/ 27 California State Water Resources Control Board. GeoTracker. Accessed June 6, 2023, https://geotracker.waterboards.ca.gov/
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 61 R (“tributary area”) and runoff collected in the basin will discharge into the Merced Irrigation Canal. Uses related to this type of project typically do not include production or services that would require the routine transport, use, or disposal of hazardous materials. Further, operations that are likely to routinely transport, use, or dispose of hazardous materials would not otherwise be permitted in the existing General Commercial zone district (i.e., retail establishments; banking and financial institutions; business, professional and medical offices; message establishment/therapist; personal service establishments; restaurants and cafes). While demolition and construction activities may include the temporary transport, storage, use or disposal of potentially hazardous materials (e.g., fuels, lubricating fluids, cleaners, solvents, etc.), such activities would be regulated by the Department of Toxic Substances Control through the California Hazardous Waste Control Law and Hazardous Waste Control Regulations as well as by MBARD through Rule 424 (i.e., asbestos-containing materials). Compliance would ensure that construction-related impacts would be less than significant. For these reasons, the Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials and a less than significant impact would occur. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. As described under criterion a), the Project is not anticipated to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
Therefore, the Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.
Therefore, a less than significant impact would occur.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
No Impact. As described under criteria a) and b), the Project is not anticipated to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials and would not create upset and accident conditions involving the release of hazardous materials into the environment. Further, there are no schools within one-quarter mile of the Project site. Therefore, no impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less than Significant Impact. According to NPL, EnviroStor, and GeoTracker, the Project site does not include a hazardous material release site. Since there are no active hazardous material release sites on the Project site pursuant to Government Code Section 65962.5, the Project would not create a significant hazard to the public of the environment and there would be a less than significant impact. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
No Impact. The nearest public airport or public use airport is the Castle Air Force Base located approximately 1.5 miles west of the Project site. The airport was closed in 1995. The next closest airport is County Airport in Modesto,
CITY OF ATWATER – Lower Shaffer Road Drainage Improvement Project | 62 CA and is 27 miles away. Because there is not an operational airport near the Project site, there would not be a safety hazard for people residing or working in the Project Area and no impact would occur. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No Impact. The Project site is currently vacant with no improvements or structures. The Project site for storm drain interception is primarily paved roads for vehicular traffic. Future development of the Project site would constitute of a new detention basin and a new storm drain pump station along with a storm drain interception from the basin along Brownell Street, to the existing 36” drainage pipe between Furtuna and Terri Drive, as well as parallel line on Terri Drive and Mary Lane. The Project is designed to serve Drainage Zone R (“tributary area”) and runoff collected in the basin will discharge into the Merced Irrigation Canal. The existing Sierra Park/Centennial Basin is only 0.23 acres and modeling results of the City’s Storm Drain Master Plan indicates that some locations within the tributary area exhibit flooding in design storms as small as the 2-year recurrence interval due to surcharging the storm drain pipelines. As such, the design, engineering, and construction of the Project include storm drain infrastructure upgrades, a new detention basin, and a new storm drain pump station to fill the needs of drainage within the tributary area.
Development of the Project would be reviewed and conditioned to compliance with applicable standards for onsite emergency access including turn radii and fire access. For these reasons, it can be determined that Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan and there would be no impact. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
No Impact. The Project site is located in an urbanized area surrounded by urban uses. In addition, the site is not identified by Cal Fire to be in a Moderate, High, or Very High Fire Hazard Severity Zone (FHSZ). Future development of the site would result in the construction of structures and installation of infrastructure that would be reviewed and conditioned by the City for compliance with all applicable standards, specifications, and codes. In addition, any structure to be occupied by humans would be required to be constructed in adherence to the Wildland Urban Interface Codes and Standards of the CBC Chapter 7A. Compliance with such regulations would ensure that the Project meets standards to help prevent loss, injury, or death involving wildland fires. For these reasons, the Project would have a less than significant impact.
4.9.3 Mitigation Measures
None required.