Atwater City Council
January 22, 2024

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
January 22, 2024
CALL TO ORDER: 5:30PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____

CLOSED SESSION
Adjourn to Conference Room A
• Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiations regarding property price and terms of payment.

Agency Negotiators: Deputy City Manager/Community Development Director Thompson and City Manager Waterman. Negotiating Parties: Dr.

Carlos Say

City Council Agenda for Meeting of January 22, 2024 Page 2 Property Location: APN 156-060-010
• Conference with Labor Negotiators - Government Code Section 54957.6, Agency Negotiators: City Manager Waterman, Police Chief Salvador and Human Resources Director Sousa Bargaining Units: Atwater Police Officers Association
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00PM
INVOCATION:

Invocation by Daniel Perez
PLEDGE OF ALLEGIANCE TO THE FLAG:

ROLL CALL: (City Council)
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.

PRESENTATIONS:
• Monthly report by Merced County District 3 Supervisor McDaniel

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 a Councilmember requests separate discussion on any item, that item will be removed from the Consent Calendar for separate action.

TREASURER’S REPORT:

1. a.) November 31, 2023

City Council Agenda for Meeting of January 22, 2024 Page 3 b.) December 31, 2023
Staff's Recommendation: Acceptance of reports as listed.

WARRANTS:

2. January 22, 2024
Staff's Recommendation: Approval of warrants as listed.

MINUTES: (General Plan Technical Advisory Committee)

3. November 1, 2023 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

MINUTES: (City Council)

4. January 8, 2024 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

RESOLUTIONS:

5. Declaring Property on Castle St (APN 003-101-100) as Non-Exempt Surplus Land (Public Works Director Vinson)
Staff's Recommendation: Adoption of Resolution No. 3444-24 Declaring property on Castle St (APN 003-101-100) as non-exempt surplus land.

6. Dissolving the General Plan Technical Advisory Committee (Deputy City Manager/Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3443-24 dissolving the General Plan Technical Advisory Committee.

OTHER ACTIONABLE ITEMS:

7. Receiving the Development Impact Fee Five-Year Report (FY 2017-18 through FY 2021-22) and Annual Reports from FY 2017-18 through FY 2020-21 (Deputy City Manager/Community Development Director Thompson) Staff's Recommendation: Receive and file the Five-Year
Development Impact Fee (“DIF”) Report for Fiscal Years (“FY”) 2017- 18 through 2021-22 and four Annual Reports from FY 2017-18 through FY 2020-21.

ORDINANCES (WAIVING SECOND READING AND ADOPTION):

8. Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181-041) (Deputy City Manager/Community Development Director Thompson)
Staff's Recommendation: Waiving the second reading and adopting Ordinance No. CS 1066 approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181-041).
***END OF CONSENT CALENDAR***

City Council Agenda for Meeting of January 22, 2024 Page 4 REPORTS AND PRESENTATIONS FROM STAFF:

9. Awarding a Professional Services Agreement for Design Services to Minagar & Associates of Laguna Hills, California for the City Wide Synchronization Project (Deputy City Manager/Community Development Director Thompson)
Staff's Recommendation: Motion to award a Professional Services Agreement for Design Services, in a form approved by the City Attorney, to Minagar & Associates of Laguna Hills, California, for the City Wide Synchronization Project, in an amount not to exceed $230,469.22; and
Motion to authorize and direct the City Manager, or her designee, to execute the contract on behalf of the City; or
Motion to approve staff's recommendation as presented.

10. Approval of Plans and Specifications for Fruitland Ave Reconstruction Phase 3 (Deputy City Manager/Community Development Director Thompson) Staff's Recommendation: Motion to approve the Plans and Specifications and authorizes advertising and calling for bids for the Fruitland Ave Phase 3 Reconstruction Project, City Project 16-2-3; or Motion to approve staff's recommendation as presented.

CITY MANAGER REPORTS/UPDATES:

11. City Manager Updates
COMMENTS FROM THE PUBLIC:

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

CITY COUNCIL REPORTS/UPDATES:

City Council 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

City Council Agenda for Meeting of January 22, 2024 Page 5 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.

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11 25
5 19
26 12
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23 16
3 10
24 17
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14 28 29
FEBRUARY 2024

S U N M O N T U E W E D T H U F R I S A T
City Council
Meeting - 6:00 PM
Trash pick up
delayed - 1 day
City Holiday
Planning
Commission
Meeting - 6:00
PM
Merced County
District 3 Supervisor
McDaniel Office
Hours - 1:30 PM -
3:30 PM
Audit & Finance
Meeting - 4:30 PM
City Council
Meeting - 6:00 PM
GPTAC - 6:00 PM

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
AS OF 11/30/2023
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 14,997,148.39 1,151,144.37 1,232,358.51 14,915,934.25 0003 General Fund Capital (976,078.18) 0.00 568.81 (976,646.99) 0004 Public Safety Trans & Use Tax 1,325,924.69 695,198.89 180,315.05 1,840,808.53 0005 Ferrari Ranch Project Fund 2,297.54 0.00 0.00 2,297.54 0007 Measure V Fund 4,414,622.77 67,255.50 0.00 4,481,878.27 0008 Measure V 20% Alternative Modes 702,141.33 16,813.87 73.69 718,881.51 0009 Abandoned Veh Abatement Fund 637.87 0.00 2,668.30 (2,030.43) 0010 Measure V Regional Fund (99,112.93) 0.00 14,208.91 (113,321.84) 1005 Police Grants Fund 64,772.40 40,000.00 0.00 104,772.40 1010 ARPA-American Rescue Plan Act 4,329,144.91 0.00 475,600.19 3,853,544.72 1011 Gas Tax/Street Improvement (234,289.87) 1,180.16 110,855.51 (343,965.22) 1013 Local Transportation Fund 400,088.68 0.00 0.00 400,088.68 1015 Traffic Circulation Fund 1,499,300.44 0.00 0.00 1,499,300.44 1016 Applegate Interchange 775,338.71 0.00 0.00 775,338.71 1017 RSTP-Regional Surface Transp Prag 2,668,160.56 0.00 250.00 2,667,910.56 1018 SB1-Road Maint & Rehab RMRA 2,087,516.30 72,357.33 350.00 2,159,523.63 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 1,977,247.38 3,623.17 21,000.00 1,959,870.55 1021 Parks Grants Fund 0.00 0.00 2,581.39 (2,581.39)
1040 General Plan Update-Housing Element 0.00 0.00 0.00 0.00 1041 General Plan Update Fund 1,966,965.69 0.00 0.00 1,966,965.69 1055 Neighborhood Stabilization 222,040.24 0.00 0.00 222,040.24 1059-80 Housing Grant Funds 781,106.25 700.00 0.00 781,806.25 1091 Police Facility Impact Fee 199,581.18 0.00 0.00 199,581.18 1093 Fire Facility Impact Fee 259,654.29 0.00 135.02 259,519.27 1095 Government Building Facility 278,230.46 0.00 0.00 278,230.46 3064-67 RedevelopmenUSuccessor Agency Funds 1,759,068.39 38,794.03 80,627.00 1,717,235.42 4020 Performance Bond Trust 220,733.85 0.00 0.00 220,733.85 4030 Narcotics Program Trust 2,084.79 0.00 0.00 2,084.79 4060 Section 125 Medical 2,382.50 110.00 0.00 2,492.50

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
AS OF 11/30/2023
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
4070 Section 125 Dependent Care 0.00 0.00 0.00 0.00
4080 Pension Rate Stblztn 115 Trust 346,880.21 24,877.36 0.00 371,757.57 4090 CFD No. 1 Trust 131,617.29 0.00 0.00 131,617.29
5001-55 All Maintenance Districts 1,199,392.86 20.40 16,391.38 1,183,021.88 5050 CFD Districts (93,066.38) 0.00 40,800.92 (133,867.30) 6000 Water Enterprise Fund 11,664,966.66 806,257.86 315,861.09 12,155,363.43 6001 Water Fund Capital Replacement 741,478.99 0.00 59,855.52 681,623.47 6002 DBCP Settlement 20,677.13 0.00 0.00 20,677.13
6004 Water Well- Buhach Colony 184,791.45 0.00 0.00 184,791.45 6005 Water Capital Impact Fees 2,663,288.21 0.00 0.00 2,663,288.21 6006 Water Operating Reserve Fund 181,195.08 0.00 0.00 181,195.08 6007 1,2,3-TCP Fund 13,571,721.33 337,190.51 480,827.25 13,428,084.59 6010 Sewer Enterprise Fund 14,334,570.00 975,235.46 858,042.44 14,451,763.02 6011 Sewer Fund Capital Replacement 3,737,943.89 0.00 0.00 3,737,943.89 6020 Sanitation Enterprise 2,781,970.85 292,966.25 263,758.86 2,811,178.24 7000 Internal Service Fund 509,807.16 1,464.29 139,675.21 371,596.24 7001 ISF Equipment/Bldg Replacement 100,664.02 0.00 0.00 100,664.02 7010 Employee Benefits Fund 792,956.04 5,947.20 78,300.14 720,603.10 7020 Risk Management (169,831.05) 0.00 8,327.30 (178,158.35) 7030 Information Technology 397,226.82 0.00 60,677.79 336,549.03 9090 Accrued Interest Fund 1,401,619.34 1,681.00 0.00 1,403,300.34 TOTAL 94,126,578.53 4,532,817.65 4,444,110.28 94,215,285.90 Prepared by:
7 ¥=-, ---c:'.\ Approved by...,
: /?"./ ..-- ,,r «__ ..- =-

Statement of Changes in Cash Balan~e
by Bank
As of 11/30/2023
Beg. Period
Balance
Cash
Debits
Cash
Credits
End Period
Balance
City- LAIF
City - RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
Totals
64,076,860.90
1,175,804.00
2,379,143.88
4,047,523.21
37,927.30
22,062,439.03
346,880.21
1,681.00
4,169,043.58

25.20 337,190.51
24,877.36
4,034,987.92
371,171.36
37,951.00
94,126,578.53
Prepared by: /4.;> cv '-- --
64,076,860.90
1,177,485.00
2,513,199.54
3,676,351.85

1.50 22,399,629.54
371,757.57
4,532,817.65 4,444,110.28 94,215,285.90
Approved by:
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.

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

Bank Account Detail
City LAIF
Chandler Asset Mgt.

US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
64,076,860.90
1,177,485.00
22,399,629.54
371,757.57
Chase General Checking
Chase Wastewater Checking
Chase Redevelopment Checking
Chase Savings Account
3,378,472.79
3,676,351.85

1.50 0.00

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED
BYFUND
AS OF 12/31/2023
FUND BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.
0001 General Fund 14,915,934.25 1,881,606.14 2,168,029.49 14,629,510.90 0003 General Fund Capital (976,646.99) 25,336.83 15,946.25 (967,256.41) 0004 Public Safety Trans & Use Tax 1,840,808.53 344,705.57 179,323.64 2,006,190.46 0005 Ferrari Ranch Project Fund 2,297.54 0.00 0.00 2,297.54 0007 Measure V Fund 4,481,878.27 84,083.32 0.00 4,565,961.59 0008 Measure V 20% Alternative Modes 718,881.51 22,910.25 3,955.43 737,836.33 0009 Abandoned Veh Abatement Fund (2,030.43) 0.00 2,768.44 (4,798.87) 0010 Measure V Regional Fund (113,321.84) 0.00 0.00 (113,321.84) 1005 Police Grants Fund 104,772.40 0.00 0.00 104,772.40 1010 ARPA-American Rescue Plan Act 3,853,544.72 0.00 108,028.53 3,745,516.19 1011 Gas Tax/Street Improvement (343,965.22) 79,487.74 128,712.89 (393,190.37) 1013 Local Transportation Fund 400,088.68 0.00 20,223.97 379,864.71 1015 Traffic Circulation Fund 1,499,300.44 0.00 0.00 1,499,300.44 1016 Applegate Interchange 775,338.71 0.00 0.00 775,338.71 1017 RSTP-Regional Surface Transp Prog 2,667,910.56 0.00 4,044.74 2,663,865.82 1018 SB1-Road Maint & Rehab RMRA 2,159,523.63 59,145.20 1,889.42 2,216,779.41 1019 LPP-Local Partnership Prg Fund 0.00 0.00 0.00 0.00 1020 Parks and Recreation Fund 1,959,870.55 0.00 0.00 1,959,870.55 1021 Parks Grants Fund (2,581.39) 1,010.00 0.00 (1,571.39) 1040 General Plan Update-Housing Element 0.00 0.00 0.00 0.00 1041 General Plan Update Fund 1,966,965.69 0.00 33,421.25 1,933,544.44 1055 Neighborhood Stabilization 222,040.24 0.00 0.00 222,040.24 1059-80 Housing Grant Funds 781,806.25 1,000.00 0.00 782,806.25 1091 Police Facility Impact Fee 199,581.18 0.00 0.00 199,581.18 1093 Fire Facility Impact Fee 259,519.27 0.00 0.00 259,519.27 1095 Government Building Facility 278,230.46 0.00 0.00 278,230.46 3064-67 Redevelopment/Successor Agency Funds 1,717,235.42 999,843.83 14,574.25 2,702,505.00 4020 Performance Bond Trust 220,733.85 0.00 0.00 220,733.85 4030 Narcotics Program Trust 2,084.79 0.00 0.00 2,084.79 4060 Section 125 Medical 2,492.50 110.00 948.01 1,654.49

STATEMENT OF CHANGES IN CASH BALANCE, UNAUDITED

BY FUND
FUND
4070 Section 125 Dependent Care
4080 Pension Rate Stblztn 115 Trust
4090 CFO No. 1 Trust
5001-55 All Maintenance Districts
5050 CFO Districts
6000 Water Enterprise Fund
6001 Water Fund Capital Replacement
6002 DBCP Settlement
6004 Water Well- Buhach Colony
6005 Water Capital Impact Fees
6006 Water Operating Reserve Fund
6007 1,2,3-TCP Fund
6010 Sewer Enterprise Fund
6011 Sewer Fund Capital Replacement
6020 Sanitation Enterprise
7000 Internal Service Fund
7001 ISF EquipmenUBldg Replacement
7010 Employee Benefits Fund
7020 Risk Management
7030 Information Technology
9090 Accrued Interest Fund
TOTAL
AS OF 12/31/2023
BEG.BALANCE CASH DEBITS CASH CREDITS ENDING BAL.

0.00 0.00 0.00 0.00
371,757.57 18,124.98- 0.00 389,882.55
131,617.29 0.00 0.00 131,617.29
1,183,021.88 0.00 45,739.74 1,137,282.14
(133,867.30) 0.00 48,089.00 (181,956.30)
12,155,363.43 691,753.96 765,922.63 12,081,194.76
681,623.47 0.00 165,218.10 516,405.37
20,677.13 0.00 0.00 20,677.13
184,791.45 0.00 0.00 184,791.45
2,663,288.21 0.00 0.00 2,663,288.21
181,195.08 0.00 0.00 181,195.08
13,428,084.59 273,282.05 129,937.88 13,571,428.76
14,451,763.02 1,143,155.57 1,401,218.30 14,193,700.29
3,737,943.89 0.00 0.00 3,737,943.89
2,811,178.24 282,780.58 538,829.33 2,555,129.49
371,596.24 503,765.00 120,067.50 755,293.74
100,664.02 0.00 0.00 100,664.02
720,603.10 198,548.50 72,232.78 846,918.82
(178,158.35) 489,522.55 272,166.42 39,197.78
336,549.03 199,966.25 39,249.29 497,265.99
1,403,300.34 1,983.00 0.00 1,405,283.34
94,215,285.90 7,302,121.32 6,280,537.28 95,236,869.94
Prepared by: /')(::;:, = / , - ::,, Approved by;_~
Mark Borba, City Treasurer

Statement of Changes in Cash Balanee
by Bank
As of 12/31/2023
Beg. Period
Balance
Cash
Debits
Cash
Credits
End Period
Balance
City- LAIF
City - RMA Long-Term Investment Fund
City Checking & Investment Accounts
Wastewater Checking
RA Obligation Retirement Fund
US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
Totals
64,076,860.90
1,177,485.00
2,513,199.54
3,676,351.85

1.50 22,399,629.54
371,757.57
94,215,285.90
Prepared by: 7:1"=>=--=--=---------
1,983.00
7,008,731.29

0.00 273,282.05
18,124.98
5,909,364.42
371,171.36

1.50 64,076,860.90
1,179,468.00
3,612,566.41
3,305,180.49

0.00 22,672,911.59
389,882.55
7,302,121.32 6,280,537.28 95,236,869.94
Approved by: ~---
Mark Borba, City Treasurer
(The following statements are required by California Govt. Code Section 53646 (b) (2,3)) Investments are made pursuant to the City Council approved Investment Policy and Guidelines.

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

City LAIF
Chandler Asset Mgt.

US Bank/Chandler Asset Mgt.

PARS Post-Employment Benefits Trust
64,076,860.90
1,179,468.00
22,672,911.59
389,882.55
Bank Account Detail
Chase General Checking 3,374,492.17
Chase Wastewater Checking 3,305,180.49
Chase Redevelopment Checking 0.00
Chase Savings Account 0.00

WARRANT SUMMARY FOR JANUARY 22, 2024
PREPARED BY: JOSEPH MURILLO
ACCOUNTS PAYABLE WARRANT $ 1,312,444.15
PREWRITTENS (CHECKS PROCESSED BETWEEN WARRANTS) $ 7,459.69

ADDITIONAL WARRANTS

DATE DESCRIPTION AMOUNT
1/4/2024 AFSCME District Council 57 $ 1,033.02
1/10/2024 APOA Union Dues $ 2,894.20
1/10/2024 EPARS Employee 457 Plan (PNC Bank) $ 4,508.00 1/10/2024 State Disbursement - Child Support $ 115.38
TOTAL ADDITIONAL WARRANTS $ 8,550.60

PAYROLL

DATE DESCRIPTION AMOUNT
1/4/2024 Net Payroll $ 204,017.48
1/4/2024 Federal Taxes $ 69,197.26
1/4/2024 State Taxes $ 8,913.66
TOTAL PAYROLL $ 282,128.40
GRAND TOTAL $ 1,610,582.84
Mark Borba City Treasurer

Accounts Payable
Checks for Approval
User: jmurillo
Printed: 1/18/2024 - 3:04 PM
t wate r
nmasnif 4 J r i1d Ci t v lII "r
hO Bellevue Road, ADn titer CA 93O1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24260 01/18/2024 General Fund Travel/Conferences/Meetings CITY OF LOS BANOS 35.00 24260 01/18/2024 General Fund Travel/Conferences/Meetings CITY OF LOS BANOS 35.00 24260 01/18/2024 General Fund Travel/Conferences/Meetings CITY OF LOS BANOS 35.00 24260 01/18/2024 General Fund Travel/Conferences/Meetings CITY OF LOS BANOS 35.00 24260 01/18/2024 General Fund Travel/Conferences/Meetings CITY OF LOS BANOS 35.00 24260 01/18/2024 General Fund Travel/Conferences/Meetings CITY OF LOS BANOS 35.00 Check Total: 210.00
24261 01/18/2024 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 7,249.69 Check Total: 7,249.69
Report Total: 7,459.69
AP-Checks for Approval (1/18/2024 - 3:04 PM) Page 1

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
1/18/2024- 3:01 PM
City (if
twater
( `r =gin nunit v Prink C t~
7 Bellevue Rods #4water CA $ 3Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 01/22/2024 General Fund Training CHASE 679.90
0 01/22/2024 General Fund Training CHASE 15.00
0 01/22/2024 General Fund Training CHASE 25.91
0 01/22/2024 General Fund Training CHASE 16.58
0 01/22/2024 General Fund Training CHASE 679.56
0 01/22/2024 General Fund Training CHASE 38.69
0 01 /22/2024 General Fund Training CHASE 7.95
0 01/22/2024 General Fund Training CHASE 9.87
0 01/22/2024 General Fund Training CHASE 8.18
0 01/2212024 General Fund Training CHASE 679.90
0 01/22/2024 General Fund Training CHASE 31.71
0 01/22/2024 General Fund Training CHASE 27.99
0 01/22/2024 General Fund Special Departmental Expense CHASE 36.45 0 01/22/2024 General Fund Printing & Advertising CHASE 52.50 0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 82.38 0 01/22/2024 General Fund Special Departmental Expense CHASE 155.86 0 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense CHASE 108.74 0 01/22/2024 Sewer Enterprise Fund Special Departmental Expense CHASE 86.99 0 01/22/2024 Sewer Enterprise Fund Travel/Conferences/Meetings CHASE 675.00 0 01 /22/2024 Internal Service Fund Special Departmental Expense CHASE 47.35 0 01/22/2024 Internal Service Fund Special Departmental Expense CHASE 229.96 0 01/22/2024 Internal Service Fund Special Departmental Expense CHASE 48.32 0 01/22/2024 Internal Service Fund Special Departmental Expense CHASE 70.28 0 01/22/2024 Internal Service Fund Special Departmental Expense CHASE 77.85 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 34.16 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 40.88 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 27.36 0 01 /22/2024 Internal Service Fund Operations & Maintenance CHASE 32.64 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 20.72 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 31.36 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 39.76 0 01 /22/2024 Internal Service Fund Operations & Maintenance CHASE 22.96 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 30.80 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 34.72 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 24.08 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 75.36 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 38.64 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 26.40 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 30.24 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 24,64 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 39.76 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 19.04 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 15.12 0 01/22/2024 Information Technology Fund Special Departmental Expense CHASE 1,788.00 0 01/22/2024 General Fund Special Departmental Expense CHASE 34.99 0 01/22/2024 General Fund Special Departmental Expense CHASE 13.00 0 01/22/2024 General Fund Special Departmental Expense CHASE 87.09 0 01/22/2024 General Fund Special Departmental Expense CHASE 38.48 0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 38.08 0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 8.90 0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 20.16 0 01/22/2024 General Fund Special Departmental Expense CHASE 15.20 0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 308.20 0 01/22/2024 General Fund Training CHASE 11.47
0 01/22/2024 General Fund Training CHASE 41.00
0 01/22/2024 General Fund Training CHASE 426.00
0 01/22/2024 General Fund Training CHASE 14.72
0 01/22/2024 General Fund Training CHASE 25.76
0 01/22/2024 General Fund Training CHASE 639.00
0 01/22/2024 General Fund Training CHASE 63.00
0 01/22/2024 . General Fund Travel/Conferences/Meetings CHASE 100.00 0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 1,120.00 0 01/22/2024 General Fund Special Departmental Expense CHASE -19.99 0 01/22/2024 General Fund Special Departmental Expense CHASE 48.73 0 01/22/2024 General Fund Special Departmental Expense CHASE 109.39 0 01/22/2024 General Fund Special Departmental Expense CHASE 17.67 0 01/22/2024 General Fund Special Departmental Expense CHASE 100.00 0 01/22/2024 General Fund Special Departmental Expense CHASE 25.98 0 01/22/2024 General Fund Special Departmental Expense CHASE 27,25 0 01/22/2024 General Fund Special Departmental Expense CHASE 426.03 0 01/22/2024 General Fund Special Departmental Expense CHASE 15.79 0 01/22/2024 General Fund Professional Services CHASE 20.00 0 01/22/2024 General Fund Uniform & Clothing Expense CHASE 73.10 0 01/22/2024 General Fund Professional Services CHASE 29.00 0 01/22/2024 General Fund Professional Services CHASE 19.99 0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 64.30 0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 66.00 0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 75.00 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 01/22/2024 General Fund Training CHASE 674.16
0 01/22/2024 General Fund Training CHASE 674.16
0 01/22/2024 General Fund Uniform & Clothing Expense CHASE 417.39 0 01/22/2024 General Fund Training CHASE 379.14
0 01/22/2024 General Fund Travel/Conferences/Meetings CHASE 50.00 0 01/22/2024 General Fund Special Departmental Expense CHASE 119.06 0 01/22/2024 Internal Service Fund Special Departmental Expense CHASE 285.82 0 01/22/2024 Internal Service Fund Special Departmental Expense CHASE 42.74 0 01/22/2024 Internal Service Fund Special Departmental Expense CHASE 5.42 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 10.00 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 10.00 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 10.00 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 20.72 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 15.34 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 10.00 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 10.00 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 10.00 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 20.00 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 10.00 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 40.32 0 01/22/2024 Internal Service Fund Operations & Maintenance CHASE 10.00 0 01/22/2024 Information Technology Fund Special Departmental Expense CHASE 348.00 Check Total: 13,565.12
24262 01/22/2024 RDVLPMNf Obligation Retirement Professional Services A.M. PECHE & ASSOC. LLC 3,199.67 Check Total: 3,199.67
24263 01 /22/2024 General Fund Special Departmental Expense AIRGAS USA, LLC 117.91 24263 01/22/2024 General Fund Special Departmental Expense AIRGAS USA, LLC 252.64 Check Total: 370.55
24264 01/22/2024 General Fund Professional Services ALLWAYS TOWING, L.L.C. 280.00 Check Total: 280.00
24265 01 /22/2024 Internal Service Fund Utilities AMERIGAS - MODESTO 1,663.62 Check Total: 1,663.62
24266 01/22/2024 Water Enterprise Fund Professional Services AQUA METRIC 5,099.76 Check Total: 5,099.76
24267 01/22/2024 General Fund Communications AT&T 249.35 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 3
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 249.35
24268 01/22/2024 General Fund Communications AT&T CALNET 284.97 24268 01/22/2024 General Fund Communications AT&T CALNET 158.01 24268 01/22/2024 Water Enterprise Fund Communications AT&T CALNET 321.30 24268 01/22/2024 Sewer Enterprise Fund Communications AT&T CALNET 496.74 24268 01/22/2024 Internal Service Fund Communications AT&T CALNET 590.92 Check Total: 1,851.94
24269 01/22/2024 General Fund Communications AT&T MOBILITY 332.60 24269 01/22/2024 General Fund Communications AT&T MOBILITY 505.83 24269 01 /22/2024 General Fund Communications AT&T MOBILITY 590.94 24269 01/22/2024 Abandoned Veh Abatement Fund Communications AT&T MOBILITY 90.14 24269 01/22/2024 General Fund Communications AT&T MOBILITY 120.72 24269 01/22/2024 General Fund Communications AT&T MOBILITY 684.08 24269 01/22/2024 General Fund Communications AT&T MOBILITY 135.41 24269 01/22/2024 General Fund Communications AT&T MOBILITY 130.38 24269 01/22/2024 General Fund Communications AT&T MOBILITY 130.38 24269 01/22/2024 General Fund Communications AT&T MOBILITY 90.14 24269 01/22/2024 General Fund Communications AT&T MOBILITY 90.14 24269 01/22/2024 General Fund Communications AT&T MOBILITY 130.38 24269 01 /22/2024 Gas Tax/Street Improvement Communications AT&T MOBILITY 45.07 24269 01/22/2024 Water Enterprise Fund Communications AT&T MOBILITY 130.38 24269 01 /22/2024 Internal Service Fund Communications AT&T MOBILITY 45.07 24269 01 /22/2024 Information Technology Fund Communications AT&T MOBILITY 45.07 24269 01/22/2024 General Fund Communications AT&T MOBILITY 43.96 24269 01/22/2024 General Fund Communications AT&T MOBILITY 43.96 24269 01 /22/2024 General Fund Communications AT&T MOBILITY 43.96 24269 01/22/2024 General Fund Communications AT&T MOBILITY 87.92 24269 01/22/2024 Gas Tax/Street Improvement Communications AT&T MOBILITY 263.76 24269 01/22/2024 Water Enterprise Fund Communications AT&T MOBILITY 395.64 24269 01/22/2024 Sewer Enterprise Fund Communications AT&T MOBILITY 527.52 24269 01/22/2024 Internal Service Fund Communications AT&T MOBILITY 43.96 24269 01 /22/2024 Internal Service Fund Communications AT&T MOBILITY 43.96 24269 01 /22/2024 Information Technology Fund Communications AT&T MOBILITY 1,284.97 Check Total: 6,076.34
24270 01 /22/2024 General Fund Special Departmental Expense ATWATER CHIROPRACTIC, INC. 100.00 24270 01/22/2024 General Fund Professional Services ATWATER CHIROPRACTIC, INC. 125.00 Check Total: 225.00
24271 01/22/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 374.52 24271 01/22/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 4,401.58 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 4
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_-

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24271 01/22/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,933.18 24271 01/22/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 440.44 24271 01/22/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,740.47 Check Total: 11,890.19
24272 01/22/2024 General Fund Professional Services BEST BEST & KRIEGER 17,966.88 24272 01/22/2024 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 1,166.84 24272 01/22/2024 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 521.33 24272 01/22/2024 Sanitation Enterprise Fund Professional Services BEST BEST & KRIEGER 521.33 24272 01/22/2024 Risk Management Fund Professional Services BEST BEST & KRIEGER 3,285.47 Check Total: 23,461.85
24273 01 /22/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 72.96 24273 01/22/2024 Sewer Enterprise Fund Uniform & Clothing Expense BIG CREEK LUMBER COMPANY 28.39 24273 01/22/2024 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 70.45 24273 01/22/2024 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 33.90 24273 01 /22/2024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 32.31 24273 01 /22/2024 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 61.67 Check Total: 299.68
24274 01/22/2024 General Fund Professional Services BILL'S TOWING 195.00 Check Total: 195.00
24275 01/22/2024 Risk Management Fund Professional Services RICHARD BLAK, PHD 1,000.00 Check Total: 1,000.00
24276 0 1/22/2024 Sewer Enterprise Fund Professional Services JIM BRISCO ENTERPRISES 24,875.60 24276 01/22/2024 Sewer Enterprise Fund Special Departmental Expense JIM BRISCO ENTERPRISES 475.00 Check Total: 25,350.60
24277 01/22/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 102.00 24277 01/22/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24277 01/22/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 127.50 24277 01 /22/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 24277 01 /22/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 24277 01/22/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 25.50 24277 01 /22/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 76.50 24277 01 /22/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 96.75 24277 01/22/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 2,476.50 24277 01 /22/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 204.00 24277 01 /22/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 24277 01/22/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 952.50 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 5,370.75
24278 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 44.01 24278 01/22/2024 Gas Tax/Street Improvement Small Tools CAL FARM SERVICES 289.99 24278 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 51.20 24278 01/22/2024 Gas Tax/Street Improvement Professional Services CAL FARM SERVICES 24.00 24278 01/22/2024 General Fund Special Departmental Expense CAL FARM SERVICES 106.58 24278 01/22/2024 General Fund Professional Services CAL FARM SERVICES 160.00 Check Total: 675.78
24279 01/22/2024 1,2,3-TCP Fund Professional Services CALGON CARBON 125,319.00 Check Total: 125,319.00
24280 01/22/2024 General Fund Memberships & Subscriptions CALIFORNIA PEACE OFFICER'S ASSOCIATIOI` 150.00 Check Total: 150.00
24281 01/22/2024 Sewer Enterprise Fund Professional Services CASCADE INTEGRATION AND DEVELOPMEN 4,171.50 24281 01/22/2024 Sewer Enterprise Fund Professional Services CASCADE INTEGRATION AND DEVELOPMEN 7,047.00 Check Total: 11,218.50
24282 01/22/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 28.45 24282 01/22/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 13.62 24282 01/22/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.47 24282 01/22/2024 General Fund Uniform & Clothing Expense CINTAS CORP 39.04 24282 01/22/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 39.69 24282 01/22/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 69.35 24282 01/22/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 82.02 24282 01/22/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 28.45 24282 01/22/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 13.62 24282 01/22/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.47 24282 01/22/2024 General Fund Uniform & Clothing Expense CINTAS CORP 39.04 24282 01/22/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 39.69 24282 01/22/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 282.57 24282 01/22/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 82.02 24282 01/22/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 28.45 24282 01/22/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.47 24282 01/22/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 13.62 24282 01/22/2024 General Fund Uniform & Clothing Expense CINTAS CORP 39.04 24282 01/22/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 67.52 24282 01/22/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 39.69 24282 01/22/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 82.02 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 6

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,083.31
24283 01/22/2024 General Fund Training CITY OF FRESNO 593.00 24283 01/22/2024 General Fund Training CITY OF FRESNO 593.00 Check Total: 1,186.00
24284 01/22/2024 Internal Service Fund Communications COMCAST 314.72 Check Total: 314.72
24285 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORI 171.08 24285 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORI 3,493.86 24285 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORI 38.22 24285 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR$ 7.65 Check Total: 3,710.81
24286 01/22/2024 Public Safety Trans & Use Tax Machinery & Equipment COOK'S COMMUNICATIONS 47,364.43 24286 01/22/2024 Public Safety Trans & Use Tax Machinery & Equipment COOK'S COMMUNICATIONS 47,364.43 Check Total: 94,728.86
24287 01/22/2024 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 24287 01/22/2024 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 24287 01/22/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24287 01/22/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24287 01/22/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24287 01/22/2024 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 24287 01/22/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 24287 01/22/2024 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 Check Total: 320.00
24288 01/22/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 830.00 24288 01/22/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 2,583.00 24288 01/22/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 1,089.00 24288 01/22/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 730.00 24288 01 /22/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 2,617.50 24288 01/22/2024 Information Technology Fund Professional Services DATA PATH 7,850.00 Check Total: 15,699.50
24289 01/22/2024 General Plan Update Fund Professional Services DE NOVO PLANNING GROUP 18,994.50 Check Total: 18,994.50
24290 01/22/2024 Internal Service Fund Professional Services DELRAY TIRE 399.95 24290 01 /22/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,132.15 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24290 01/22/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 537.61 Check Total: 2,069.71
24291 01/22/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 72.78 24291 01/22/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 13.51 24291 01/22/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 157.60 24291 01/22/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 162.36 24291 01/22/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 8.66 24291 01 /22/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 162.36 Check Total: 577.27
24292 01/22/2024 Water Fund Capital Replacement Hydrant Replacement FERGUSON WATERWORKS #1423 1,046.09 24292 01 /22/2024 Water Enterprise Fund Special Departmental Expense FERGUSON WATERWORKS #1423 1,068.99 24292 01/22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 3,212.67 24292 01 /22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 375.19 24292 01/22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 3,086.38 24292 01 /22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 4,115.17 24292 01 /22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 2,715.81 24292 01 /22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 2,715.81 24292 01/22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 1,151.59 24292 01 /22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 2,028.81 24292 01/22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 176.62 24292 01 /22/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS #1423 1,385.61 Check Total: 23,078.74
24293 01 /22/2024 Internal Service Fund Operations & Maintenance FORD PRO 313.03 Check Total: 313.03
24294 01/22/2024 Sewer Enterprise Fund Special Departmental Expense FOSTER'S PUMPS, INC. 410.00 Check Total: 410.00
24295 01/22/2024 Internal Service Fund Special Departmental Expense GRAINGER 138.00 Check Total: 138.00
24296 01/22/2024 Internal Service Fund Operations & Maintenance HI-TECH EVS INC 2,853.94 Check Total: 2,853.94
24297 01 /22/2024 Internal Service Fund Utilities HOFFMAN SECURITY 55.00 24297 01 /22/2024 Internal Service Fund Special Departmental Expense HOFFMAN SECURITY 244.69 24297 01/22/2024 Internal Service Fund Professional Services HOFFMAN SECURITY 137.50 24297 01 /22/2024 Internal Service Fund Professional Services HOFFMAN SECURITY 1,395.00 24297 01/22/2024 Internal Service Fund Utilities HOFFMAN SECURITY 81.59 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 8
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_

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,913.78
24298 01/22/2024 General Fund Special Departmental Expense HORIZON 192.58 24298 01/22/2024 Water Enterprise Fund Special Departmental Expense HORIZON 163.49 24298 01/22/2024 General Fund Special Departmental Expense HORIZON 1,505.68 Check Total: 1,861.75
24299 01/22/2024 General Fund Uniform & Clothing Expense INSIDELINES GRAPHIX INC. 236.29 Check Total: 236.29
24300 01/22/2024 General Fund Memberships & Subscriptions INTERNATIONAL ASSOCIATION OF CHIEFS Ol 190.00 Check Total: 190.00
24301 01/22/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 236.95 24301 01/22/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,679.74 24301 01/22/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 863.39 24301 01/22/2024 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,354.16 24301 01/22/2024 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 376.67 24301 01/22/2024 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 231.19 24301 01/22/2024 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 232.49 24301 01/22/2024 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 154.94 24301 01/22/2024 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 511.87 24301 01/22/2024 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 382.08 24301 01/22/2024 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 138.72 24301 01/22/2024 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 289.06 24301 01/22/2024 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 827.69 24301 01/22/2024 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 232.81 24301 01/22/2024 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,084.18 24301 01/22/2024 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 592.99 24301 01/22/2024 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 356.12 24301 01/22/2024 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 395.05 24301 01/22/2024 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 430.75 Check Total: 10,370.85
24302 01/22/2024 Internal Service Fund Special Departmental Expense JOHNSTONE SUPPLY 183.35 Check Total: 183.35
24303 01/22/2024 Internal Service Fund Professional Services JORGENSEN COMPANY 70.44 24303 01/22/2024 Internal Service Fund Professional Services JORGENSEN COMPANY 387.21 Check Total: 457.65
24304 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense KELLOGG SUPPLY 139.59 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 9
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 139.59
24305 01/22/2024 General Fund Professional Services LEIST AND ASSOCIATES 19,170.00 24305 01/22/2024 General Fund Professional Services LEIST AND ASSOCIATES 4,558.90 Check Total: 23,728.90
24306 01/22/2024 General Fund Professional Services LEXISNEXIS RISK DATA MANAGEMENT 24.25 24306 01/22/2024 General Fund Professional Services LEXISNEXIS RISK DATA MANAGEMENT 960.00 Check Total: 984.25
24307 01/22/2024 General Fund Miscellaneous LOOMIS 316.46 24307 01/22/2024 General Fund Miscellaneous LOOMIS 215.23 Check Total: 531.69
24308 01/22/2024 Water Enterprise Fund Accounts Payable JESSICA LOZANO 310.50 Check Total: 310.50
24309 01/22/2024 Internal Service Fund Operations & Maintenance MC REGIONAL WASTE MGMT. AUTH. 153.00 24309 01 /22/2024 General Fund Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 178.91 24309 01 /22/2024 General Fund Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 210.17 24309 01/22/2024 General Fund Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 122.87 24309 01 /22/2024 General Fund Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 206.94 Check Total: 871.89
24310 01/22/2024 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 125.68 24310 01/22/2024 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 131.26 24310 01/22/2024 General Fund Printing & Advertising MCCLATCHY COMPANY LLC 123.82 Check Total: 380.76
24311 01/22/2024 General Fund Coed Volleyball MCNAMARA SPORTS 35.72 24311 01/22/2024 General Fund Coed Fall Softball MCNAMARA SPORTS 240.98 24311 01/22/2024 General Fund Men's Fall Softball MCNAMARA SPORTS 481.96 24311 01 /22/2024 General Fund Youth Basketball MCNAMARA SPORTS 2,962.24 Check Total: 3,720.90
24312 01/22/2024 General Fund Training JOVANI MEDINA 787.37 24312 01/22/2024 Internal Service Fund Operations & Maintenance JOVANI MEDINA 87.01 Check Total: 874.38
24313 01 /22/2024 Gen Plan Update-HousingElement Professional Services MERCED COUNTY ASSOCIATION 10,800.00 _
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AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 10

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 10,800.00
24314 01/22/2024 General Fund Professional Services MERCED FENCE COMPANY 1,710.00 Check Total: 1,710.00
24315 01/2212024 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 88.42 Check Total: 88.42
24316 01/22/2024 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -19,037.41 24316 01/22/2024 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -19,346.03 24316 01/22/2024 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -8,291.16 24316 01/22/2024 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -8,158.89 24316 01/22/2024 Sanitation Enterprise Fund Solid Waste Collectn/Disposal MID-VALLEY DISPOSAL LLC 33,385.99 24316 01/22/2024 Sanitation Enterprise Fund Solid Waste Collectn/Disposal MID-VALLEY DISPOSAL LLC 276,371.89 Check Total: 254,924.39
24317 01/22/2024 Internal Service Fund Professional Services MISTER CAR WASH 456.00 Check Total: 456.00
24318 01/22/2024 Internal Service Fund Professional Services MUNICIPAL MAINTENANCE EQUIP. 358.00 24318 01/22/2024 Internal Service Fund Operations & Maintenance MUNICIPAL MAINTENANCE EQUIP. 1,564.95 Check Total: 1,922.95
24319 01/22/2024 General Fund Professional Services MUNISERVICES LLC 421.80 Check Total: 421.80
24320 01/22/2024 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 10.62 24320 01/22/2024 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 19.47 24320 01 /22/2024 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 89.97 Check Total: 120.06
24321 01/22/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 4.67 24321 01/22/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 9.78 24321 01/22/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 39.13 24321 01/22/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 6.83 24321 01 /22/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 35.83 24321 01 /22/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 14.29 24321 01/22/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 7.60 24321 01/22/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 67.40 24321 01/22/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 38.04 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 20.65 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 176.65 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 11
-

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 9.68 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLYAUTO PARTS 12.71 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 15.21 24321 01/22/2024 General Fund Special Departmental Expense O'REILLYAUTO PARTS 51.06 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLYAUTO PARTS 9.22 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLYAUTO PARTS 5.59 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLYAUTO PARTS 35.10 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLYAUTO PARTS 23.91 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 200.01 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLYAUTO PARTS 3.47 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 100.01 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 165.06 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 24.40 24321 01/22/2024 General Fund Special Departmental Expense O'REILLYAUTO PARTS 63.80 24321 01/22/2024 Internal Service Fund Small Tools O'REILLYAUTO PARTS 56.53 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 9.24 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 17.13 24321 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLYAUTO PARTS 58.17 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 33.04 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 111.99 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 156.27 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 12.93 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 54.15 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 46.02 24321 01/22/2024 Sewer Enterprise Fund Small Tools O'REILLYAUTO PARTS 515.46 24321 01/22/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 76.10 Check Total: 2,287.13
24322 01/22/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 2,186.74 24322 01/22/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 103.59 24322 01/22/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 1,408.48 24322 01/22/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 363.54 24322 01/22/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 2,838.31 24322 01/22/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 17,316.71 24322 01/22/2024 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 273.89 24322 01/22/2024 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 148.71 24322 01/22/2024 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 35.91 24322 01/22/2024 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 14.44 24322 01/22/2024 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 48.20 24322 01/22/2024 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 15.90 24322 01/22/2024 Siena Parks LD Utilities PACIFIC GAS & ELECTRIC 5,162.97 24322 01/22/2024 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 194.70 24322 01/22/2024 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 839.45 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 12

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24322 01/22/2024 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 26.00 24322 01/22/2024 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 23.10 24322 01/22/2024 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 22.40 24322 01/22/2024 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 192.01 24322 01/22/2024 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 48.19 24322 01/22/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 51,465.73 24322 01/22/2024 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 4,023.17 24322 01/22/2024 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 6,020.21 24322 01/22/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 61.07 24322 01/22/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 80.85 24322 01/22/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 26,691.51 24322 01/22/2024 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 70,629.86 Check Total: 190,235.64
24323 01/22/2024 General Fund Professional Services PRECISION CIVIL ENGINEERING, INC. 3,381.25 24323 01/22/2024 General Fund Capital Phase 3 Ped Imp Proj Downtown PRECISION CIVIL ENGINEERING, INC. 3,506.89 24323 01/22/2024 Measure V 20% AlternativeModes Phase 3 Ped Imp Proj Downtown PRECISION CIVIL ENGINEERING, INC. 454.36 Check Total: 7,342.50
24324 01/22/2024 Water Fund Capital Replacement Canal Creek Utility Crossing PROVOST & PRITCHARD CONSULTING GROU 2,357.50 24324 01/22/2024 Sewer Enterprise Fund Canal Creek Utility Crossing PROVOST & PRITCHARD CONSULTING GROU 2,357.50 Check Total: 4,715.00
24325 01/22/2024 Sewer Enterprise Fund Sewer Lift Station Imprvmnts QUAD KNOPF 5,728.49 Check Total: 5,728.49
24326 01/22/2024 General Fund Aged Outstanding Warrants ELENA RODRIGUEZ 126.16 Check Total: 126.16
24327 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 1,541.86 24327 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 43.76 Check Total: 1,585.62
24328 01/22/2024 Internal Service Fund Professional Services SAN JOAQUIN VALLEY AIR 84.00 Check Total: 84.00
24329 01/22/2024 Internal Service Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 442.54 24329 01/22/2024 Internal Service Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 608.34 24329 01/22/2024 Internal Service Fund Special Departmental Expense SHERWIN-WILLIAMS CO. 820.59 Check Total: 1,871.47
24330 01/22/2024 Sewer Enterprise Fund Utilities SIEMENS FINANCIAL SERVICES, INC. 11,409.58 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 13
-

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 11,409.58
24331 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 311.75 24331 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 87.28 Check Total: 399.03
24332 01/22/2024 General Fund Uniform & Clothing Expense DAYTON SNYDER 13.00 Check Total: 13.00
24333 01/22/2024 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRIC 456.00 24333 01/22/2024 Local Transportation Fund Project Retention ST FRANCIS ELECTRIC 1,779.38 24333 01/22/2024 RSTP-Regional Surf Transp Prog Project Retention ST FRANCIS ELECTRIC 18,355.00 Check Total: 20,590.38
24334 01/22/2024 Water Enterprise Fund Professional Services STATE WATER RESOURCES CONTROL BOARD 45,236.72 Check Total: 45,236.72
24335 01/22/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,799.49 24335 01/22/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 851.49 24335 01/22/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,099.03 Check Total: 3,750.01
24336 01 /22/2024 General Fund Professional Services TAYLOR VETERINARY HOSPITAL 258.25 Check Total: 258.25
24337 01/22/2024 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 2,383.88 24337 01/22/2024 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 5,845.60 24337 01/22/2024 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 2,263.47 24337 01/22/2024 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 1,142.67 Check Total: 11,635.62
24338 01/22/2024 Water Enterprise Fund Professional Services TESCO CONTROLS, INC. 740.00 Check Total: 740.00
24339 01 /22/2024 Sewer Enterprise Fund Professional Services THE BANK OF NEW YORK MELLON 2,300.00 Check Total: 2,300.00
24340 01/22/2024 Information Technology Fund Communications TPX COMMUNICATIONS 8,308.81 Check Total: 8,308.81
24341 01/22/2024 Internal Service Fund Professional Services TRANE U.S. INC. 2,799.00 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 14
-
_
_
,

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,799.00
24342 01/22/2024 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 33.00
24343 01/22/2024 General Fund Training TYLER TECHNOLOGIES, INC. 500.00 Check Total: 500.00
24344 01/22/2024 General Fund Rents & Leases UBEO WEST LLC 579.52 Check Total: 579.52
24345 01/22/2024 ARPA-American Rescue Plan Act Project Retention UNITED PAVEMENT MAINTENANCE INC 28,372.49 Check Total: 28,372.49
24346 01/22/2024 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,677.53 24346 01/22/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 585.22 24346 01/22/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 3,186.60 24346 01/22/2024 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,613.03 24346 01/22/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 3,060.98 24346 01/22/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 585.22 Check Total: 10,708.58
24347 01/22/2024 Internal Service Fund Operations & Maintenance VAN DE POL 10,243.57 Check Total: 10,243.57
24348 01/22/2024 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA 183,175.28 Check Total: 183,175.28
24349 01/22/2024 General Fund Communications VERIZON WIRELESS 38.01 24349 01/22/2024 General Fund Communications VERIZON WIRELESS 51.64 24349 01/22/2024 Sewer Enterprise Fund Special Departmental Expense VERIZON WIRELESS 38.01 24349 01/22/2024 Sewer Enterprise Fund Utilities VERIZON WIRELESS 40.03 24349 01/22/2024 Internal Service Fund Special Departmental Expense VERIZON WIRELESS 40.01 24349 01/22/2024 Internal Service Fund Utilities VERIZON WIRELESS 80.13 Check Total: 287.83
24350 01/22/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,186.65 24350 01/22/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 938.89 Check Total: 2,125.54
24351 01/22/2024 SB1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 5,772.50 AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 15
,
—

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 24351 01/22/2024 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 658.11 24351 01/22/2024 Measure V 20% AlternativeModes Phase 2 Fed Imp Proj Downtown VVH CONSULTING SERVICES 85.26 24351 01/22/2024 ARPA-American Rescue Plan Act Cedar and First Parking Lot VVH CONSULTING SERVICES 13,631.25 24351 01/22/2024 SB1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 6,727.50 24351 01/22/2024 SB 1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 6,868.00 Check Total: 33,742.62
24352 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 2.23 Check Total: 2.23
24353 01/22/2024 General Fund Professional Services WEED MAN 934.00 Check Total: 934.00
24354 01/22/2024 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 Check Total: 29.97
24355 01/22/2024 General Fund Special Departmental Expense WINTON HARDWARE 10.76 24355 01/22/2024 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 58.80 24355 01/22/2024 Water Enterprise Fund Special Departmental Expense WINTON HARDWARE 32.31 Check Total: 101.87
Report Total: 1,312,444.15
AP-Checks for Approval (1/18/2024 - 3:01 PM) Page 16
-

Accounts Payable
Checks by Date - Detail by Check Date
User: jmurillo
Printed: 1/18/2024 3:06 PM
750 Bellevue Road, mater CA 95301
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH CHA999 CHASE 01/22/2024
1032024 Cocos of Garden Grove 25.91
1032024 Five Ten Bistro 82.38
1032024 Dollar Tree 17.67
1032024 The Home Depot 229.96
1032024 Electrify America 10.00
1032024 BigLots 5.42
1032024 JAMF 348.00
1032024 Ford 34.16
1032024 Electrify America 10.00
1032024 Ford 22.96
1032024 Habit 64.30
1032024 The Home Depot 42.74
1032024 Oggi's Garden Grove 31.71
1032024 Public Sector Employment Law Confrence 1,120.00 1032024 Electrify America 30.24
1032024 Homewood Suites 679.56
1032024 Merced County Recorder 52.50
1032024 Chefstore 36.45
1032024 La Quinta 674.16
1032024 La Quinta 679.90
1032024 Arco 75.36
1032024 BigLots 48.73
1032024 League of California 675.00
1032024 La Quinta 674.16
1032024 Outback 27.99
1032024 Ford 30.80
1032024 The Home Depot 285.82
1032024 Ford 40.88
1032024 Ford 26.40
1032024 JCS Garden Grove 38.69
1032024 Electrify America 10.00
1032024 SQ Santa Ana 7.95
1032024 Lowe's 48.32
1032024 Oakland International Airport 63.00
1032024 Lowe's 70.28
1032024 Target 87.09
1032024 Almond Tree 38.48
1032024 Linx 417.39
1032024 Ford 24.64
1032024 Ford 24.08
1032024 Electrify America 10.00
1032024 In-Shape 20.00
1032024 Electrify America 10.00
1032024 Mission Bay 639.00
1032024 BigLots -19.99
1032024 Mission Bay 426.00
1032024 Electrify America 10.00
1032024 Marshalls 27.25
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community Pride City Wuk
AP Checks by Date - Detail by Check Date (1/18/2024 3:06 PM) Page 1

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
1032024 Ford 34.72
1032024 Electrify America 10.00
1032024 Hudson 14.72
1032024 The Home Depot 77,85
1032024 Ford 40.32
1032024 Five Ten Bistro 75.00
1032024 Lowe's 155.86
1032024 Big 5 86.99
1032024 SQ Santa Ana 8,18
1032024 SQ Santa Ana 9.87
1032024 Adobe 19.99
1032024 Ford 20,72
1032024 Evgo 15.34
1032024 Target 13.00
1032024 Ford 38.64
1032024 Electrify America 38.08
1032024 Walmart 47.35
1032024 4Imprint 426.03
1032024 Jantz Caf & Bakery 66.00
1032024 BigLots 15.20
1032024 Electrify America 10.00
1032024 Ford 27.36
1032024 Electrify America 20.16
1032024 Wyndham 379.14
1032024 SouthWest 308.20
1032024 LexisNexis 29.00
1032024 Clovis Cleaners 73.10
1032024 Mission Bay 11.47
1032024 Staples 119.06
1032024 Big 5 108.74
1032024 Ford 39.76
1032024 Ford 39.76
1032024 Target 25.98
1032024 Ford 19.04
1032024 BoxCast 1,788.00
1032024 Merced Mall Car Wash 34.99
1032024 La Quinta 679.90
1032024 Ford 32.64
1032024 CVS Pharmacy 100.00
1032024 Walmart 15.79
1032024 OC Parking Civic Center Santa Ana 15.00
1032024 Target 109.39
1032024 UBER 25.76
1032024 Ford 31.36
1032024 City 90 Chase Dispatch 41.00
1032024 CPRS District 5 50.00
1032024 Starbucks 16.58
1032024 Ford 20.72
1032024 Electrify America 20.00
1032024 Public Sector Employment Law Confrence 100.00
1032024 Evgo 8.90
1032024 Ford 15.12
Total for this ACH Check for Vendor CHA999: 13,565.12
Total for 1/22/2024: 13,565.12
AP Checks by Date - Detail by Check Date (1/18/2024 3:06 PM) Page 2

Check No Vendor No
Invoice No
Vendor Name
Description
Check Date
Reference
Check Amount
Report Total (1 checks): 13,565.12
AP Checks by Date - Detail by Check Date (1/18/2024 3:06 PM) Page 3

CITY OF ATWATER

GENERAL PLAN TECHNICAL ADVISORY COMMITTEE

ACTION MINUTES
November 1, 2023
REGULAR SESSION: (Council Chambers)
The G e n e r a I P I a n T e c h n i c a I A d v i s o r y C o m m i t t e e of the City of Atwater met in Regular Session this date at 6:02 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Chairperson Nelson presiding.

INVOCATION:

Invocation by Committee Member Borgwardt
PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was led by Committee Member Daugherty.

ROLL CALL:

Present:

Absent:

Staff Present:

Committee Members Borgwardt, Daugherty, Murphy, Raymond, Reed, and Nelson
None
Battalion Chief Lopes, City Engineer Seymour, Contracted Engineer Hayes, Deputy City Manager I Community
Development Director Thompson, Police Chief Salvador,
Recording Secretary Rashad
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

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

Committee Members Borgwardt, Raymond, Reed, Murphy, Daugherty, Nelson; Noes: None; Absent: None. The motion passed.

APPROVAL OF MINUTES:

October 4, 2023 - Regular Meeting
MOTION: Committee Member Borgwardt moved to approve the minutes as posted.

The motion was seconded by Committee Member Murphy and the roll call vote was:

Ayes: Committee Members Reed, Daugherty, Murphy, Borgwardt, Raymond, and Nelson; Noes: None; Absent: None. The motion passed.

OVERVIEW OF GENERAL PLAN UPDATE:

1. Circulation
a. Introduction
b. Overview
c. Levels of Service (LOS)
d. SB743 (VMT)
e. Policy
Deputy City Manager I Community Development Director Thompson and Contracted Engineer Hayes spoke about Circulation and presented a PowerPoint.

COMMENTS FROM THE PUBLIC:

Chairperson Nelson opened Public Comment.

Notice to the public was read.

No one came forward to speak.

Chairperson Nelson closed the Public Comment.

COMMITTEE MEMBER MATTERS:

None

ADJOURNMENT:

Chairperson Nelson adjourned the meeting at 6:58 PM.

Mike Nelson, Chairperson
By: Kayla Rashad,
Recording Secretary

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
January 8, 2024
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.

INVOCATION:

The Invocation was led by Chaplain Steve Mead.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Mayor Nelson.

ROLL CALL: (City Council)

Present: City Council Members Ambriz, Cale, Button, Mayor Nelson

Absent: None
Staff Present: City Manager Waterman, Deputy City Manager/Community Development Director, City Attorney Splendorio, Police Chief Salvador, Finance Director Nicholas, Public Works Director Vinson, Battalion Chief Ayuso, City Clerk Billings, Assistant City Clerk Martin
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

Mayor Nelson reported that the Closed Session Calendar was cancelled.

SUBSEQUENT NEED ITEMS: None

City Council Meeting Action Minutes for January 8, 2024 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

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

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

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

CONSENT CALENDAR:

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

No one came forward to speak.

City Manager Waterman provided a comment regarding the Consent Calendar and the Salary Schedule.

Mayor Nelson closed the public comment.

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

The motion passed.

WARRANTS:

1. a.) December 26, 2023
b.) January 8, 2024
ACTION: Approval of warrants as listed.

MINUTES: (Citizens' Oversight Committee)

2. September 5, 2023 - Regular meeting
ACTION: Acceptance of minutes as listed.

MINUTES: (Planning Commission)

3. November 15, 2023
ACTION: Acceptance of minutes as listed.

MINUTES: (City Council)

4. December 11, 2023
ACTION: Approval of minutes as listed.

City Council Meeting Action Minutes for January 8, 2024 Page 3 AGREEMENTS:

5. Authorizing, Approving and Awarding a Purchase Agreement (Purchase Order) for the repair of a Pump located at the Wastewater Treatment Plant (Public Works Director Vinson)
ACTION: Authorizes, approves, and awards a Purchase Agreement (Purchase Order) with ITT Goulds Pump Inc. of Placentia, CA for the replacement of a pump located at the Wastewater Treatment Plant, in an amount not to exceed $35,976 plus any freight and taxes; and authorizes and directs the City Manager, or her designee, to execute the Purchase Agreement (Purchase Order) on behalf of the City.

RESOLUTIONS:

6. Adopting City of Atwater Salary Schedule C-24 Effective January 1, 2024, Conforming to State of California Minimum Wage Increase (Human Resources Director Sousa)
ACTION: Adoption of Resolution No. 3441-24 Adopting City of Atwater Salary Schedule C-24 Effective January 1, 2024, Conforming to State of California Minimum Wage Increase.

PUBLIC HEARINGS:

Ordering a Summary Vacation of Certain Public Right-of-Way within the City of Atwater; and Adopting a Resolution Approving Variance No. 23-14-0400 and Waiving the first reading and introducing an ordinance, by title only, Approving Zone Change No. 23-14- 0100 for a Parcel Located at 1789 Elm Street (APN: 002-181-041) (Deputy City Manager/Community Development Director Thompson)
Deputy City Manager/Community Development Director Thompson provided background information on this item.

Mayor Nelson opened the public hearing.

No one came forward to speak.

Mayor Nelson closed the public hearing.

MOTION: Mayor Pro Tem Raymond moved to Adopt Resolution No. 3440-24 Ordering a Summary Vacation of Certain Public Right-of-Way within the City of Atwater, Northwest Corner of Elm Avenue and Winton Way; and to Adopt Resolution No. 3442-24 Approving Variance No. 23-14-0400 for a Parcel Located at 1789 Elm Street (APN: 002-181-041); to waive the first reading and introduce Ordinance No. CS 1066, by title only Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181-041) . The motion was seconded

City Council Meeting Action Minutes for January 8, 2024 Page 4 by City Council Member Ambriz and the vote was: Ayes: Cale, Ambriz, Button, Nelson; Noes: None; Absent: None. The motion passed.

CITY MANAGER REPORTS/UPDATES:

City Manager Updates
City Manager Waterman had nothing to report.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

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

Mayor Nelson opened public comment.

Linda Dash spoke regarding the salary schedule.

Jim Price spoke regarding city finances.

Christan Santos, Field Representative for Congressman John Duarte, provided an update regarding Congressman Duarte’s office.

Les Nickerson spoke regarding property behind his home.

Mari Montoya spoke regarding sidewalks and curbs.

Mayor Nelson closed the public comment.

CITY COUNCIL REPORTS/UPDATES:

City Council comments
City Council Member Button had nothing to report.

Mayor Pro Tem Raymond had nothing to report.

City Council Member Ambriz had nothing to report.

City Council Member Cale spoke regarding the great Christmas season and congratulated Old Town Atwater regarding the Ice-Skating Rink.

Mayor Nelson wished everyone a Happy New Year!

City Council Meeting Action Minutes for January 8, 2024 Page 5 ADJOURNMENT:

Mayor Nelson adjourned the meeting at 6:28 PM.
________________________________

JANELL MARTIN

ASSISTANT CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

January 22, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Declaring Property on Castle St (APN 003-101-100) as NonExempt Surplus Land (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3444-24 Declaring property on Castle St (APN 003-101-100) as non-exempt surplus land.

I. BACKGROUND/ANALYSIS:

In 1954, the City of Atwater drilled a water production well on Castle St at APN 003- 101-100. This well was used to help supply potable water to the residents of the city. In August 2006, the well went offline and was no longer a viable well to be used to deliver water. In December 2014, the well was officially destroyed. Since then, the property has been vacated and not used. The city has no use for this property anymore and it is not necessary for any future use of the city.

The California Surplus Lands Act requires the city to declare the property surplus due to it's size and access. The city must give written notice of its availability to public entities within the city's jurisdiction, hosting sponsors, and the California Department of Housing and Community Development, among others. The property is approximately .23 acres and its estimated worth is $25,000.

II. FISCAL IMPACTS:

There are no fiscal impacts at this time. Staff will return to council at a later date with a contract to sell the property.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

Agenda Report - Declaring Property on Castle St (APN 003-101-100) as Non-Exempt Surplus Land (Public Works Director Vinson) Page 2

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This iten 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:

The sale of the Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However, if development was proposed on the property by a subsequent buyer, then that development would be reviewed under CEQA.

IX. STEPS FOLLOWING APPROVAL:

Following approval, staff will give written notice of the availability of the property.

Submitted by:

Justin Vinson, Public Works Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. 3444-24 Declaring Surplus Property on Castle Street APN 003-101-100

2. Plat and Legal for APN 003-101-001_signed

RESOLUTION NO. 3444-24

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER DECLARING PROPERTY
LOCATED ON CASTLE ST (APN 003-101-001) AS

NON-EXEMPT SURPLUS LAND
WHEREAS, the California Surplus Land Act (”Act”) (Government Code Section 54220 et seq.) requires that before the City of Atwater (“City”) takes any action to sell or lease its property, it must declare the property to be surplus land; and
WHEREAS, surplus land means land owned in fee simple by the City for which the City Council takes formal action in a regular meeting declaring such land is surplus and is not necessary for the City’s use; and
WHEREAS, the City must give written notice of its availability of the property for sale to public entities within the property’ jurisdiction, housing sponsors, and the California Department of Housing and Community Development, among others; and WHEREAS, the City of Atwater owns one property on Castle St, totaling approximately

0.23 acres; and
WHEREAS, the City Council finds that the property on Castle St is surplus land because it is not necessary for the City’s use, as defined in Government Code section 54221(c)(1); and WHEREAS, the Act requires that before the City Council disposes of the property or engages in negotiations to dispose of Property, the City must send a written Notice of Availability of the property to certain entities.

WHEREAS, pursuant to the Act, City staff will send a written Notice of Availability to the entities and agencies identified in Government Code Section 54222.

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

1. The above recitals are true and correct and are a substantive part of this Resolution; and

CITY COUNCIL
OF THE

CITY OF ATWATER

2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use, as defined in Government Code section 54221(c)(1) and does not qualify as “exempt surplus land” under Government Code section 54221(f); and

3. The City Council hereby authorizes the City Manager, or his designee, to comply with the requirements of the Act, to send written notices of availability of the Property for sale to those statutorily entitled to receive it (pursuant to Government Code section 54222), to negotiate the terms of a proposed sale of the Property, if any, who submit qualified Notices of Interest (pursuant to Government Code sections 54222.5 and 54223), and to otherwise follow the procedures of the Act, as applicable to a proposed sale of the Property.

4. Any proposed agreement for the sale of the Property shall be subject to the approval of the City Council.

5. The sale of the Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However, if development was proposed on the Property by a subsequent buyer, then that development would be reviewed under CEQA.

6. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

7. This Resolution shall take effective immediately upon its adoption.

The foregoing resolution is hereby adopted the 22nd day of January 2024.

Resolution No. 3444-24 Page 2
AYES:

NOES:

ABSENT:

APPROVED:

MIKE NELSON, MAYOR
ATTEST:

KORYJ. BILLINGS, CITY CLERK

EXHIBIT A

LEGAL DESCRIPTION
FOR APN 003-101-001
Being a portion of Lot 14, in Block 2, as shown on that certain Map of Castle Park Acres, filed in Volume 11 of Maps, at Page 7, Merced County Records, situate in the City of Atwater, County of Merced, State of California, lying in section 1, Township 7 South, Range 12 East, Mount Diablo Base and Meridian, being more particularly described as follows:

The North 98.64 feet of the West 100.0 feet of Lot 14, in Block 2, according to map referred to above, and the East line thereof being parallel to the West line of said Lot 14 and the South line thereof being parallel to the North line of said Lot 14.

Containing 0.23 acres, more or less.

Subject to all easements and rights-of-way of record.

A plat (Exhibit B) showing the above-described area is attached hereto and made a part hereof.

Prepared by:
__________________________ ______________
Ryan Vance, L. S. 8225 Date
5/2/2023

APN 003-101-002

0.82 ACRES± NICKERSON LESLIE M &
35,542 SF± KATHRYN L

MANUEL GUISAR BAUTISTA
APN 003-023-002 MANUEL GUISAR JR
APN 003-023-003 SAUL HERNANDEZ
APN 003-023-004 NICOLAS VARGAS

ANGELA VARGAS
APN 003-023-005 PEDRO VARGAS MARIA ELENA VARGAS
APN 003-023-006

JOEL VARGAS
APN 003-272-007

JOHN RIIS-CHRISTENSEN

BARBARA RIIS-CHRISTENSEN
APN 003-272-006 ANTHONY MENDEZ
APN 003-272-005

IRENE M CRAWFORD
APN 003-272-004

JESUS G LOPEZ
ARTURO

HIGH STREET

CASTLE STREET
APN 003-023-007 LOT 14 11-OP-07 PARCEL 2 21-PM-42 PARCEL 1 W:\10930300\CASTLE STREET ALLEY ABANDONMENT\survey\DRAWING\SHEET FILES\Exhibit B.dwg 5/3/23 15:14 EXHIBIT APN 003-101-001 B EXHIBIT FOR ATWATER, MERCED COUNTY, CALIFORNIA 95301 PROPERTY INBETWEEN 1645 CASTLE ST. AND 1798 HIGH ST. CITY OF ATWATER NRS APRIL 2023

HIGH STREET
0 50 100 SCALE: 1" = 50'

N EXHIBIT B

CASTLE STREET
APN 003-101-003 NATHAN M BANUELOS PARCEL 1 21-PM-42

JUNIPER AVENUE PRELIMINARY
ALLEY WAY APN 003-101-001 0.23 ACRES± 9,864 SF± CITY OF ATWATER

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

January 22, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director

PREPARED
BY:

Kayla Rashad, Administrative Assistant
SUBJECT: Dissolving the General Plan Technical Advisory Committee (Deputy City Manager/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3443-24 dissolving the General Plan Technical Advisory Committee.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

Pursuant to Government Code Section 65300 et seq. (referred to as the Public Resources Code), government entities, such as cities and counties, are required to adopt and administrate a comprehensive General Plan. This planning document anticipates a 20-year useful lifespan and is amended periodically.

The City of Atwater last updated and adopted its current General Plan in August of 2000. The City has now begun the process to update its 2000 General Plan and the technical studies associated with it.

Staff is recommending that the Mayor and the City Council consider dissolving the General Plan Technical Advisory Committee to transition into stakeholders’ and outreach meetings that will provide access to the public of pertinent materials and drafts.

ANALYSIS:

The role of the General Plan Technical Advisory Committee was to perform the following:
• Facilitate, in concert with City staff, consultants and the public, the update of the 2000 City of Atwater General Plan throughout the General Plan Update process. • Supplement the community input provided at public workshops and provide

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

Agenda Report - Dissolving the General Plan Technical Advisory Committee (Deputy City Manager/Community Development Director Thompson) Page 2

feedback and guidance throughout the General Plan Update. • Provide feedback and direction to the project consultant and City staff, with the goal of developing policies and objectives of the new General Plan that are responsive to community input, conditions, goals, and vision.
• Refine the approach taken for each major step in the process, provide feedback through interim steps, review reports, and review policy alternatives to select preferred policies.
• Provide guidance at key project milestones.
• Communicate information about the General Plan Update to the City of Atwater community members and to encourage all interested parties to participate in the process.
• Make a recommendation to the Planning Commission and the City Council on the adoption of the General Plan Update.
• Make a recommendation on land use and the Sphere of Influence.

The General Plan Technical Advisory Committee consisted of six members that were appointed by the Mayor with ratification by the City Council. Applications were submitted to the City Manager’s Office. The Committee consisted of two members from the City Council, two members of the Planning Commission, and two technical members who may or may not be City of Atwater residents. This Committee served as an advisory capacity only; chartered to assist the City’s planning agency in the duties set forth herein and in the Resolution.

The intended meetings of this six-member Committee were once per month on the first Wednesday at 6:00 PM in the City Council Chambers and open to the public. The associated agendas and times were available for viewing on the page that was created for the Committee.

The General Plan Technical Advisory Committee was intended to be a limited-term Committee only to provide recommendations throughout the update process. The City’s consultant for the General Plan Update is well under way with the Existing Conditions Report. The City requires additional participation of the committee members as well as the public. Therefore, in the best interest of time and resources, and in respect of the committee members’ time, it was determined to dissolve the committee in favor of the regularly scheduled stakeholders’ meetings. The stakeholders’ meetings will commence at the end of January 2024 to replace the General Plan Technical Advisory Committee.

II. FISCAL IMPACTS:

There is no fiscal impact associated with dissolving a General Plan Technical Advisory Committee.

This item has been reviewed by the Finance Department.

Agenda Report - Dissolving the General Plan Technical Advisory Committee (Deputy City Manager/Community Development Director Thompson) Page 3

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon City Council's approval, the City Clerk's office will certify the Resolution.

Submitted by:

Greg Thompson, Deputy City Manager/Community Development Director Approved by:

Lori Waterman, City Manager
Attachments:

1. 3443-24 Dissolving GPTAC

CITY COUNCIL

OF THE CITY OF ATWATER

RESOLUTION NO. 3443-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER DISSOLVING THE GENERAL PLAN TECHNICAL

ADVISORY COMMITTEE (GPTAC)
WHEREAS, the City of Atwater has begun the process of updating its General Plan pursuant to the California Government Code; and
WHEREAS, to encourage public participation, the City Council by Resolution No. 3274- 21 formed a General Plan Technical Advisory Committee (GPTAC) to assist in the beginning of the process, educate the public, and provide transparency regarding the General Plan update processes; and
WHEREAS, these public meetings discussed at length the various elements of a General Plan as required by the Public Resources Code; and
WHEREAS, the General Plan update has reached a phase in which the City shall begin to host several stakeholders’ and outreach meetings that will provide access to the public of pertinent materials and drafts; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby terminate and dissolve the General Plan Technical Advisory Committee, as previously established by Resolution No. 3274-21.

The foregoing resolution is hereby adopted this 22nd day of January 2024.

AYES:

NOES:

ABSENT:

Resolution No. 3443-24 Page 2
APPROVED:
_____________________________

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

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

January 22, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director

PREPARED
BY:

Greg Thompson, Deputy City Manager/Community Development Director
SUBJECT: Receiving the Development Impact Fee Five-Year Report (FY 2017-18 through FY 2021-22) and Annual Reports from FY 2017-18 through FY 2020-21 (Deputy City Manager/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Receive and file the Five-Year Development Impact Fee (“DIF”) Report for Fiscal Years (“FY”) 2017-18 through 2021-22 and four Annual Reports from FY 2017-18 through FY 2020-21.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

In March 2003, the City of Atwater (“City”) adopted a Public Facility Development Impact Fee Study which demonstrated the nexus between new development and the need for public facilities (“2003 Nexus Study”). This study was conducted in accordance with the Mitigation Fee Act, Government Code Section 66000 et seq., (the “Act”) which governs the establishment and administration of development impact fees (“DIF”) collected on new development projects to fund public facilities needed to serve new development. Development impact fees must be separately accounted for and used for the specific purpose for which the fee was imposed.

The City of Atwater collects DIF for the following purposes:

• Water facilities
• Wastewater facilities
• Transportation facilities
• Parks and recreation improvements
• Public safety facilities
• Fire protection facilities
• General government capital facilities

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

Agenda Report - Receiving the Development Impact Fee Five-Year Report (FY 2017-18 through FY 2021-22) and Annual Reports from FY 2017-18 through FY 2020-21 (Deputy City Manager/Community Development Director Thompson) Page 2

In compliance with the requirements of California Assembly Bill 1600 (adopted in 1987) (“AB 1600”), the City has completed annual and five-year reports regarding the collection, compliance, and use of DIF. These reports include the following information for each DIF:

• Description of the fee type;
• Amount of the fee;
• Beginning and ending balance of the account/fund;
• Amount of fees collected during the fiscal year;
• Interest earned during the fiscal year;
• Identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
• An approximate date by which the construction of the public improvement will commence, provided that the City has determined that sufficient funds have been collected to complete financing on an incomplete public improvement; • A description of each interfund transfer or loan made from the account/fund, the date when the loan will be repaid, and the rate of interest that the account/fund will receive the loan; and
• The amount of refunds made pursuant to Section 66001 of the Government Code.

The City is required by Government Code Section 66001(d) to adopt, by resolution, certain findings for funds remaining in the DIF accounts every fifth fiscal year following the first deposit into each public improvement account or fund, and every five years thereafter.

ANALYSIS:

Government Code Sections 66001 through 66006 outline reporting requirements that municipal agencies must comply with regarding DIF. RSG analyzed financial reports for each of the funds in which DIF are collected or expended from and prepared annual reports for FYs 2017-18 through 2020-21 and the five-year report for FY 2017-18 through 2021-22. The annual and five-year reports provide a summary of what for and how fees are collected, the fund balance and any qualifying DIF activity, and progress on projects identified to be funded by DIF in the 2003 Nexus Study.

It is also recommended that the City prepare an updated nexus study stating which capital projects the City intends to spend DIF funds on and identify estimated completion dates for all DIF projects.

II. FISCAL IMPACTS:

There is no fiscal impact related to the filing of the reports.

Agenda Report - Receiving the Development Impact Fee Five-Year Report (FY 2017-18 through FY 2021-22) and Annual Reports from FY 2017-18 through FY 2020-21 (Deputy City Manager/Community Development Director Thompson) Page 3

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The Deputy City Manager/Community Development Director and the Finance Director have reviewed this item.

VII. PUBLIC PARTICIPATION:

GC Section 66006(b)(2) requires that the “local agency shall review the report not less than 15 days after the report is made available to the public.” The public will have an opportunity to provide comments on this item up to and including during the City Council meeting when the item is read for consideration.

VIII. ENVIRONMENTAL REVIEW:

This item is statutorily exempt from further analysis pursuant to the California Environmental Quality Act (CEQA) section 15282(r).

IX. STEPS FOLLOWING APPROVAL:

The City will take the following steps:
• Complete the AB 1600 reports on an annual basis, in accordance with the timeline stipulated by the law.
• Complete the five-year AB 1600 report, every five years, in accordance with the timeline stipulated by the law.
• In conjunction with the adoption of the annual Capital Improvement Plan (“CIP”), identify the status of each CIP project.
• Update the 2003 Nexus Study to accurately identify the capital needs of the City and the DIF fees needed to support those needs.

Submitted by:

Greg Thompson, Deputy City Manager/Community Development Director

Approved by:

Agenda Report - Receiving the Development Impact Fee Five-Year Report (FY 2017-18 through FY 2021-22) and Annual Reports from FY 2017-18 through FY 2020-21 (Deputy City Manager/Community Development Director Thompson) Page 4

Lori Waterman, City Manager
Attachments:

1. Atwater DIF report FY 17-18

2. Atwater DIR reports FY 18-19

3. Atwater DIF reports FY 19-20

4. Atwater DIF reports FY 20-21

5. Atwater Five-Year DIF Report 17-18 through 21-22

FISCAL YEAR 2017-18 DEVELOPMENT IMPACT

FEE REPORT
City of Atwater
Revised January 2024

1 BACKGROUND
In accordance with the Mitigation Fee Act (California Government Code Section 66000), the City of Atwater (“City”) adopted a Public Facility Development Impact Fee Study in March 2003 that demonstrated the nexus between new development and the need for public facilities (“2003 Nexus Study”). The Mitigation Fee Act requires that the City prepare an annual review of all development impact fees and make available to the public a report on the fees after the end of each fiscal year. The City is also required to adopt by resolution certain findings for any fund accounts that contain unexpended funds as of the fifth fiscal year following the first deposit into those funds (Government Code Section 66001 (d)).

Each year, the City prepares a capital improvement plan (“CIP”) that details a schedule of improvements necessary to accommodate the projected population growth generated by new development. The CIP also classifies the intended use of each of the development impact fees (“DIF”) and allocates revenue from DIF for their intended capital projects.

In compliance with the requirements of California Assembly Bill 1600 (adopted in 1987) (“AB 1600”), the City has completed this annual report regarding the collection, compliance, and use of DIF. This report includes the following information for each DIF:
• Description of the fee type;
• Amount of the fee;
• Beginning and ending balance of the account/fund;
• Amount of fees collected during the fiscal year;
• Interest earned during the fiscal year;
• Identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
• An approximate date by which the construction of the public improvement will commence, provided that the City has determined that sufficient funds have been collected to complete financing on an incomplete public improvement; • A description of each interfund transfer or loan made from the account/fund, the date when the loan will be repaid, and the rate of interest that the account/fund will receive the loan; and
• The amount of refunds made pursuant to Section 66001 of the Government Code.

In the City of Atwater, DIF are collected for the following purposes:
• Water facilities;
• Wastewater facilities;
• Transportation facilities
• Parks and recreation improvements;
• Public safety facilities;
• Fire protection facilities; and
• General government capital facilities.

2 Table 1 summarizes all DIF fund beginning and ending balances, revenues, and expenditures for Fiscal Year (“FY”) 2017-18.

Table 1: FY 2017-18 Summary of Development Impact Fees
Development Impact Fee
Adjusted
Beginning
Fund
Balance
DIF
Revenues
DIF
Expenditures
Adjusted
Ending Fund
Balance
Non-DIF
Revenues
Non-DIF
Expenditures
Actual
Ending Fund
Balance
Water Facilities $ 1,918,624 $ 430,870 $ - $ 2,349,494 $ - $ - $ 2,349,494 Wastewater Facilities 6,248,750 505,850 - 6,754,600 - - $ 6,754,600 Transportation Facilities 931,528 105,445 - 1,036,973 - (15,770) $ 1,021,203 Parks & Recreation Improvements 1,703,751 295,970 - 1,999,720 - (40,299) $ 1,959,422 Public Safety Facilities 66,510 49,117 - 115,627 - - $ 115,627 Fire Protection Facilities 5,357 63,025 - 68,382 - (136) $ 68,247 General Government Capital Facilities 130,081 47,172 - 177,253 - - $ 177,253 Total $11,004,600 $ 1,497,449 $ - $12,502,049 $ - $ (56,204) $12,445,845 Note that the numbers in this table and others throughout the report may not add up exactly to the totals provided due to rounding.

The Adjusted Fund Balances in Table 1 reflect only the qualifying revenues and expenditures in the DIF funds in FY 2017-18. Any Non-DIF Revenues and Expenditures are excluded. Therefore for some funds, the adjusted ending balance does not match the City’s financial reports which reflect these Non-DIF Revenues and Expenditures.

3 WATER SERVICE FACILITIES
Capital facility improvements for water services are funded with DIF collected for new development. Water service facilities fees are used to fund major water supply, transmission, and storage facilities. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fee for tapping into the City water system is a flat fee of $400.00 plus the fees identified in Tables 2, 3, and 4. The fees collected for these purposes are deposited into the Water and Maintenance Fund. Table 2 shows the fees for regular service.

Table 3 shows the additional fees for non-residential uses, which are based on meter size.

Table 4 shows the fees for non-residential uses for fire service, based on meter size.

Table 2: Water System - Regular Service Fee
Residential Estate (VL Density) $2,989 / unit
Detached Single Family Residential (L Density) $2,689 / unit Medium / High Density Residential $1,257 / unit
Residential Transition $1,257 / unit
Commercial & Commercial Transition $3,135 + connection fee / meter size Business Park $3,150 + connection fee / meter size
Manufacturing $3,430 + connection fee / meter size
Institutional $3,991 + connection fee / meter size
Schools & County Government $1,473 + connection fee / meter size Private Recreation $3,388 + connection fee / meter size Table 3: Non-Residential Use Fee Per Meter Size
Meter Size Flow Rate Fee / Meter Size
Basic 5/8 X 3/4" 20 gpm $500
3/4" 30 gpm $750
1" 50 gpm $1,250

1.5" 100 gpm $2,500
2" 160 gpm $4,000
3" 300 gpm $7,500
4" 500 gpm $12,500
6" 1,200 gpm $30,000
8" 2,000 gpm $50,000
Table 4: Non-Residential Use Fees for Fire Service
Meter Size Flow Rate Fee / Meter Size
4" 1,000 gpm $1,500
6" 2,000 gpm $3,000
8" 3,500 gpm $5,150
10" 5,600 gpm $8,250

4 Table 5 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the water services facilities DIF fund in FY 2017-18.

Table 6 summarizes FY 2017-18 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2017-18.

Beginning Balance $ 1,918,624
Revenues
Fund 6004: Water Well-Buhach Colony
Facility Fee 11,303
Interest Earned 1,299
Fund 6005: Water Capital Impact Fees
Water Connection Fees 48,400
Capacity Fee 357,051
Interest Earned 12,817
Total Revenue $ 430,870
Expenditures
Fund 6004: Water Well-Buhach Colony
Fund 6005: Water Capital Impact Fees
Total Expenditures $ -
Ending Balance $ 2,349,494
Table 5: FY 2017-18 Water Facilities Development Impact Fee FY 17-18
Expenditures % Complete
% Funded
With Fee
One New Well1 $ - 0% 0%
Two Reservoirs at 1.5 MG Each - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 6: Capital Improvement Expenditures

5 WASTEWATER FACILITIES
Wastewater facilities fees are used to fund improvements to the wastewater treatment plant to increase capacity to maintain the level of service after the addition of new residents. The fees collected for this purpose are deposited into the Sewer and Maintenance Fund. According to the 2003 Nexus Study, the fee for tapping into the City sewer system is a flat fee of $400.00 plus the fees outlined in Table 7.

Table 8 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the wastewater facilities DIF fund in FY 2017-18.

Table 7: Wastewater Facilities Fees
Single Family Residential (VL and L Density) $3,667
Mobile Homes $3,312
Med / High Density Residential $3,312
For the First 1,000 sq ft building area $1,576
Per 1,000 sq ft thereafter $1,288
Laundry Facilities, Car Washes / 1,000 sq ft $1,576 + $1,000 / machine Mortuaries / 1,000 sq ft $1,576
Recreational Vehicle / pad $1,576
Restaurants and Coffee Shops / 1,000 sq ft $1,576
Bars and Beauty Parlors / 1,000 sq ft $1,576
Hospitals / 1,000 sq ft $1,576
Convalescent hospitals and rest homes / 1,000 sq ft $1,576 Schools / 1,000 sq ft $1,576
Churches / 1,000 sq ft (excluding sanctuary) $1,576
Miscellaneous City users (bakeries, etc.) $576
Government facilities equivalent to residential unit $3,667 Miscellaneous
Residential
Commercial
Institutional
Industrial
Connection charges for industrial classifications to be individually determined from discharge characteristics.

6 Table 9 summarizes FY 2017-18 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2017-18.

Beginning Balance $ 6,248,750
Revenues
Fund 6011: Sewer Fund Capital Replacement
Sewer Connection Fees 47,600
Capacity Fee 436,342
Sewer WWTP Expansion 2,383
Interest Earned 19,525
Total Revenue $ 505,850
Expenditures
Fund 6011: Sewer Fund Capital Replacement
Total Expenditures $ -
Ending Balance $ 6,754,600
Table 8: FY 2017-18 Wastewater Facilities Development Impact Fee FY 17-18
Expenditures % Complete
% Funded With
Fee

3.5 MGD Additional Capacity $ - 0% 0%
Tertiary Filter to Existing Facility1 - 100% 100%
Total $ -
All figures in this table are as of August 2023.

Table 9: Capital Improvement Expenditures
1 The tertiary filter was completed using DIF funds. The 2003 Nexus Study estimated that the filter would cost $567,000, however the City expended approximately $3.6 million in Fiscal Years 11-12 to 16-17. The discrepancy is due to the increased costs of development since the 2003 estimates were prepared.

7 TRANSPORTATION FACILITIES
Transportation facility improvements, including roadway facilities and traffic signals, are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for transportation facilities are as shown in Table

10. Table 11 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the transportation facilities DIF fund in FY 2017-18.

Table 10: Transportation Facilities Fees
Detached Single Family Residential (L Density) $226 / acre / $57 / unit Medium / High Density Residential $599 / acre / $35 / unit Commercial $312 / acre
Business Park & Industrial $226 / acre
Beginning Balance $ 931,528
Revenues
Fund 1015: Traffic Circulation Fund
Traffic Circulation Tax 83,140
Avenue One Traffic Signal 2,343
Signal at Comm/Applegate 1,699
Signal at Bell Drive 1,699
Applegate Traffic Signal 1,699
Interest Earned 7,761
Traffic Signals & Opticons 7,104
Total Revenue $ 105,445
Expenditures
Fund 1015: Traffic Circulation Fund
Total Expenditures $ -
Ending Balance* $ 1,036,973
Table 11: FY 2017-18 Transportation Facilities Development Impact Fee
*Table 11 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

8 Table 12 summarizes FY 2017-18 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2017-18.

FY 17-18
Expenditures % Complete
% Funded With
Fee
Bellevue Road Widening $ - 0% 0%
Buhach Road Widening1 - 100% 40%
Bellevue Road Raised Median - 0% 0%
Avenue One & Avenue Two - 50% 0%
Bell Drive - 50% 0%
Commerce Avenue - 25% 0%
Traffic Signals and Opticons - 80% 0%
Total $ -
All figures in this table are as of August 2023.

Table 12: Capital Improvement Expenditures
1 To date, the City has expended approximately $230,500 in transportation DIF funds to assist with the Buhach Road widening identified in the 2003 Nexus Study. This is less than the cost of the project; the remainder was funded by a developer as a condition of development. Progress has also been made by developers as a condition of development on Avenue One and Two, Bell Drive, Commerce Ave, and the traffic signals. Thus, DIF funds have not yet been utilized on those projects.

9 PARKS AND RECREATION FACILITIES
Citywide parks and recreation facilities, including the Atwater Youth Center, are funded with DIF collected for new development. According to the 2003 Nexus Study, the fees for parks and recreation facilities are as outlined in Table 13.

Table 14 summarizes changes in fund balance and qualifying DIF revenues and expenditures for parks and recreation facilities in FY 2017-18.

Table 15 summarizes FY 2017-18 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2017-18.

Table 13: Parks And Recreations Fees
Detached Single Family Residential (L Density) $2,382 / unit Medium / High Density Residential $1,998 / unit
Beginning Balance $ 1,703,751
Revenues
Fund 1020: Parks and Recreation Fund
Parks and Recreation Facility Tax 146,320
Parks Capital Improvement Tax 58,528
Youth Center Facility Tax 76,228
Interest Earned 14,894
Total Revenue $ 295,970
Expenditures
Fund 1020: Parks and Recreation Fund
Total Expenditures $ -
Ending Balance* $ 1,999,720
Table 14: FY 2017-18 Parks and Recreation Improvements
Development Impact Fee
*Table 14 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

10 FY 17-18
Expenditures % Complete
% Funded With
Fee
Additional 96 Acres of Parkland $ - 0% 0%
96 Acre Parkland Improvements - 0% 0%
Additional Youth Center - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 15: Capital Improvement Expenditures

11 PUBLIC SAFETY FACILITIES
The impact fees for public safety were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, electronics, and other equipment as police improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 16.

Table 17 summarizes changes in fund balance and qualifying DIF revenues and expenditures for public safety facilities in FY 2017-18.

Table 18 summarizes FY 2017-18 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2017-18.

Very Low Density Residential $401 / unit
Low Density Residential $401 / unit
Multi-Family Residential $46 / unit
Commercial $800 / acre
Business Park $569 / acre
Industrial $664 / acre
Institutional $796 / acre
Table 16: Police Fees
Beginning Balance $ 66,510
Revenues
Fund 1091: Police Facility Impact Fee
Police Public Facility Fee 48,261
Interest Earned 856
Total Revenue $ 49,117
Expenditures
Fund 1091: Police Facility Impact Fee
Total Expenditures $ -
Ending Balance $ 115,627
Table 17: FY 2017-18 Public Safety Facilities Development Impact Fee

12 Table 18: Capital Improvement Expenditures
FY 17-18
Expenditures % Complete
% Funded With
Fee
Police building, vehicles, and equipment1 $ - 50% 46%
Total $ -
All figures in this table are as of August 2023.
1 The 2003 Nexus Study provides a broad description of the allowable uses of public safety DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of public safety DIF rates. Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for public safety facilities improvements. Since 2006, the City has expended DIF funds on the development of a police substation, communications systems, and other public safety related equipment, all of which are allowable uses of public safety DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $895,000 of the total $1.9 million spending goal outlined in the 1995 schedule (or 46% as shown in Table 18).

13 FIRE PROTECTION FACILITIES
Improvement of fire protection facilities and the purchase of related equipment are funded with DIF collected for new development. The impact fees for fire protection facilities were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, training materials, and other equipment as fire facility improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 19.

Table 20 summarizes changes in fund balance and qualifying DIF revenues and expenditures for fire protection facilities in FY 2017-18.

Very Low Density Residential $520 / unit
Low Density Residential $520 / unit
Multi-Family Residential $59 / unit
Commercial $1,038 / acre
Business Park $738 / acre
Industrial $860 / acre
Institutional $1,032 / acre
Table 19: Fire Protection Development Impact Fees

14 Table 21 summarizes FY 2017-18 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2017-18.

Beginning Balance $ 5,357
Revenues
Fund 1093: Fire Facility Impact Fee
Fire Facility Impact Fee 62,584
Interest Earned 441
Total Revenue $ 63,025
Expenditures
Fund 1093: Fire Facility Impact Fee
Total Expenditures $ -
Ending Balance $ 68,382
Table 20: FY 2017-18 Fire Protection Facilities Development Impact Fee
*Table 20 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

FY 17-18
Expenditures % Complete
% Funded With
Fee
Fire station, vehicles, and equipment1 $ - 50% 56%
Total $ -
All figures in this table are as of August 2023.

Table 21: Capital Improvement Expenditures
1 The 2003 Nexus Study provides a broad description of the allowable uses of fire protection DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of fire protection DIF rates. Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for fire protection facilities improvements. Since 2006, the City has expended DIF funds on the development of a fire station and truck, which are allowable uses of fire protection DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $2.2 million of the total $3.9 million spending goal outlined in the 1995 schedule (or 56% as shown in Table 21).

15 GENERAL GOVERNMENT CAPITAL FACILITIES
Facilities related to the general administration and management of the City are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for general government capital facilities are as shown in Table 22.

Table 23 summarizes changes in fund balance and qualifying DIF revenues and expenditures for general government capital facilities in FY 2017-18.

Table 24 summarizes FY 2017-18 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2017-18.

Single Family Residential $378.76 / unit
Medium / High Density Residential $316.54 / unit
Non-Residential Land Use $949 / acre
Table 22: General Government Capital Facilities
Beginning Balance $ 130,081
Revenues
Fund 1095: Government Building Facility
Government Building Facility Tax 45,843
Interest Earned 1,329
Total Revenue $ 47,172
Expenditures
Fund 1095: Government Building Facility
Total Expenditures $ -
Ending Balance $ 177,253
Table 23: FY 2017-18 General Government Capital Facilities Development Impact Fee
FY 17-18
Expenditures % Complete
% Funded With
Fee
Administration Building $ - 0% 0%
Second Wing Addition to City Hall - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 24: Capital Improvement Expenditures

16 DIF FUND RECONCILIATION
As identified in Table 1 at the beginning of this report and in certain fund tables throughout the report, the City spent funds on Non-DIF Expenditures in FY 2017-18.

Table 25: Summary of Non-DIF Revenues and Expenditures Since FY 2017-18 Development Impact Fee Non-DIF
Revenues
Non-DIF
Expenditures
Transportation Facilities
FY 17-18 $ - $ (15,770)
Parks & Recreation Improvements
FY 17-18 - (40,299)
Fire Protection Facilities
FY 17-18 - (136)
Total $ - $ (56,204)

FISCAL YEAR 2018-19 DEVELOPMENT IMPACT

FEE REPORT
City of Atwater
Revised January 2024

1 BACKGROUND
In accordance with the Mitigation Fee Act (California Government Code Section 66000), the City of Atwater (“City”) adopted a Public Facility Development Impact Fee Study in March 2003 that demonstrated the nexus between new development and the need for public facilities (“2003 Nexus Study”). The Mitigation Fee Act requires that the City prepare an annual review of all development impact fees and make available to the public a report on the fees after the end of each fiscal year. The City is also required to adopt by resolution certain findings for any fund accounts that contain unexpended funds as of the fifth fiscal year following the first deposit into those funds (Government Code Section 66001 (d)).

Each year, the City prepares a capital improvement plan (“CIP”) that details a schedule of improvements necessary to accommodate the projected population growth generated by new development. The CIP also classifies the intended use of each of the development impact fees (“DIF”) and allocates revenue from DIF for their intended capital projects.

In compliance with the requirements of California Assembly Bill 1600 (adopted in 1987) (“AB 1600”), the City has completed this annual report regarding the collection, compliance, and use of DIF. This report includes the following information for each DIF:
• Description of the fee type;
• Amount of the fee;
• Beginning and ending balance of the account/fund;
• Amount of fees collected during the fiscal year;
• Interest earned during the fiscal year;
• Identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
• An approximate date by which the construction of the public improvement will commence, provided that the City has determined that sufficient funds have been collected to complete financing on an incomplete public improvement; • A description of each interfund transfer or loan made from the account/fund, the date when the loan will be repaid, and the rate of interest that the account/fund will receive the loan; and
• The amount of refunds made pursuant to Section 66001 of the Government Code.

In the City of Atwater, DIF are collected for the following purposes:
• Water facilities;
• Wastewater facilities;
• Transportation facilities
• Parks and recreation improvements;
• Public safety facilities;
• Fire protection facilities; and
• General government capital facilities.

2 Table 1 summarizes all DIF fund beginning and ending balances, revenues, and expenditures for Fiscal Year (“FY”) 2018-19.

Table 1: FY 2018-19 Summary of Development Impact Fees
Development Impact Fee
Adjusted
Beginning
Fund Balance
DIF
Revenues
DIF
Expenditures
Adjusted
Ending Fund
Balance
Non-DIF
Revenues
Non-DIF
Expenditures
Water Facilities $ 2,349,494 $ 76,204 $ - $ 2,425,697 $ - $ - Wastewater Facilities 6,754,600 103,341 - 6,857,942 - - Transportation Facilities 1,036,973 29,101 - 1,066,073 - (3,000) Parks & Recreation Improvements 1,999,720 59,617 - 2,059,338 - (39,269) Public Safety Facilities 115,627 6,893 - 122,520 - -
Fire Protection Facilities 68,382 7,850 - 76,233 - (111) General Government Capital Facilities 177,253 7,821 - 185,073 - - Total $12,502,049 $ 290,826 $ - $12,792,876 $ - $ (42,380) Note that the numbers in this table and others throughout the report may not add up exactly to the totals provided due to rounding.

The Adjusted Fund Balances in Table 1 reflect only the qualifying revenues and expenditures in the DIF funds in FY 2018-19. Any Non-DIF Revenues and Expenditures are excluded. Therefore for some funds, the adjusted ending balance does not match the City’s financial reports which reflect these Non-DIF Revenues and Expenditures.

3 WATER SERVICE FACILITIES
Capital facility improvements for water services are funded with DIF collected for new development. Water service facilities fees are used to fund major water supply, transmission, and storage facilities. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fee for tapping into the City water system is a flat fee of $400.00 plus the fees identified in Tables 2, 3, and 4. The fees collected for these purposes are deposited into the Water and Maintenance Fund. Table 2 shows the fees for regular service.

Table 3 shows the additional fees for non-residential uses, which are based on meter size.

Table 4 shows the fees for non-residential uses for fire service, based on meter size.

Table 2: Water System - Regular Service Fee
Residential Estate (VL Density) $2,989 / unit
Detached Single Family Residential (L Density) $2,689 / unit Medium / High Density Residential $1,257 / unit
Residential Transition $1,257 / unit
Commercial & Commercial Transition $3,135 + connection fee / meter size Business Park $3,150 + connection fee / meter size
Manufacturing $3,430 + connection fee / meter size
Institutional $3,991 + connection fee / meter size
Schools & County Government $1,473 + connection fee / meter size Private Recreation $3,388 + connection fee / meter size Table 3: Non-Residential Use Fee Per Meter Size
Meter Size Flow Rate Fee / Meter Size
Basic 5/8 X 3/4" 20 gpm $500
3/4" 30 gpm $750
1" 50 gpm $1,250

1.5" 100 gpm $2,500
2" 160 gpm $4,000
3" 300 gpm $7,500
4" 500 gpm $12,500
6" 1,200 gpm $30,000
8" 2,000 gpm $50,000
Table 4: Non-Residential Use Fees for Fire Service
Meter Size Flow Rate Fee / Meter Size
4" 1,000 gpm $1,500
6" 2,000 gpm $3,000
8" 3,500 gpm $5,150
10" 5,600 gpm $8,250

4 Table 5 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the water services facilities DIF fund in FY 2018-19.

Table 6 summarizes FY 2018-19 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2018-19.

Beginning Balance $ 2,349,494
Revenues
Fund 6004: Water Well-Buhach Colony
Facility Fee 2,805
Interest Earned 2,769
Fund 6005: Water Capital Impact Fees
Water Connection Fees 5,200
Capacity Fee 37,489
Interest Earned 27,941
Total Revenue $ 76,204
Expenditures
Fund 6004: Water Well-Buhach Colony
Fund 6005: Water Capital Impact Fees
Total Expenditures $ -
Ending Balance $ 2,425,697
Table 5: FY 2018-19 Water Facilities Development Impact Fee FY 18-19
Expenditures % Complete
% Funded
With Fee
One New Well1 $ - 0% 0%
Two Reservoirs at 1.5 MG Each - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 6: Capital Improvement Expenditures

5 WASTEWATER FACILITIES
Wastewater facilities fees are used to fund improvements to the wastewater treatment plant to increase capacity to maintain the level of service after the addition of new residents. The fees collected for this purpose are deposited into the Sewer and Maintenance Fund. According to the 2003 Nexus Study, the fee for tapping into the City sewer system is a flat fee of $400.00 plus the fees outlined in Table 7.

Table 8 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the wastewater facilities DIF fund in FY 2018-19.

Table 7: Wastewater Facilities Fees
Single Family Residential (VL and L Density) $3,667
Mobile Homes $3,312
Med / High Density Residential $3,312
For the First 1,000 sq ft building area $1,576
Per 1,000 sq ft thereafter $1,288
Laundry Facilities, Car Washes / 1,000 sq ft $1,576 + $1,000 / machine Mortuaries / 1,000 sq ft $1,576
Recreational Vehicle / pad $1,576
Restaurants and Coffee Shops / 1,000 sq ft $1,576
Bars and Beauty Parlors / 1,000 sq ft $1,576
Hospitals / 1,000 sq ft $1,576
Convalescent hospitals and rest homes / 1,000 sq ft $1,576 Schools / 1,000 sq ft $1,576
Churches / 1,000 sq ft (excluding sanctuary) $1,576
Miscellaneous City users (bakeries, etc.) $576
Government facilities equivalent to residential unit $3,667 Miscellaneous
Residential
Commercial
Institutional
Industrial
Connection charges for industrial classifications to be individually determined from discharge characteristics.

6 Table 9 summarizes FY 2018-19 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2018-19.

Beginning Balance $ 6,754,600
Revenues
Fund 6011: Sewer Fund Capital Replacement
Sewer Connection Fees 4,800
Capacity Fee 49,435
Sewer WWTP Expansion 6,960
Interest Earned 42,146
Total Revenue $ 103,341
Expenditures
Fund 6011: Sewer Fund Capital Replacement
Total Expenditures $ -
Ending Balance $ 6,857,942
Table 8: FY 2018-19 Wastewater Facilities Development Impact Fee FY 18-19
Expenditures % Complete
% Funded With
Fee

3.5 MGD Additional Capacity $ - 0% 0%
Tertiary Filter to Existing Facility1 - 100% 100%
Total $ -
All figures in this table are as of August 2023.

Table 9: Capital Improvement Expenditures
1 The tertiary filter was completed using DIF funds. The 2003 Nexus Study estimated that the filter would cost $567,000, however the City expended approximately $3.6 million in Fiscal Years 11-12 to 16-17. The discrepancy is due to the increased costs of development since the 2003 estimates were prepared.

7 TRANSPORTATION FACILITIES
Transportation facility improvements, including roadway facilities and traffic signals, are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for transportation facilities are as shown in Table

10. Table 11 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the transportation facilities DIF fund in FY 2018-19.

Table 10: Transportation Facilities Fees
Detached Single Family Residential (L Density) $226 / acre / $57 / unit Medium / High Density Residential $599 / acre / $35 / unit Commercial $312 / acre
Business Park & Industrial $226 / acre
Beginning Balance $ 1,036,973
Revenues
Fund 1015: Traffic Circulation Fund
Traffic Circulation Tax 9,479
Avenue One Traffic Signal 2,402
Interest Earned 16,412
Traffic Signals & Opticons 808
Total Revenue $ 29,101
Expenditures
Fund 1015: Traffic Circulation Fund
Total Expenditures $ -
Ending Balance $ 1,066,073
Table 11: FY 2018-19 Transportation Facilities Development Impact Fee
*Table 11 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

8 Table 12 summarizes FY 2018-19 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2018-19.

FY 17-18
Expenditures % Complete
% Funded With
Fee
Bellevue Road Widening $ - 0% 0%
Buhach Road Widening1 - 100% 40%
Bellevue Road Raised Median - 0% 0%
Avenue One & Avenue Two - 50% 0%
Bell Drive - 50% 0%
Commerce Avenue - 25% 0%
Traffic Signals and Opticons - 80% 0%
Total $ -
All figures in this table are as of August 2023.

Table 12: Capital Improvement Expenditures
1 To date, the City has expended approximately $230,500 in transportation DIF funds to assist with the Buhach Road widening identified in the 2003 Nexus Study. This is less than the cost of the project; the remainder was funded by a developer as a condition of development. Progress has also been made by developers as a condition of development on Avenue One and Two, Bell Drive, Commerce Ave, and the traffic signals. Thus, DIF funds have not yet been utilized on those projects.

9 PARKS AND RECREATION FACILITIES
Citywide parks and recreation facilities, including the Atwater Youth Center, are funded with DIF collected for new development. According to the 2003 Nexus Study, the fees for parks and recreation facilities are as outlined in Table 13.

Table 14 summarizes changes in fund balance and qualifying DIF revenues and expenditures for parks and recreation facilities in FY 2018-19.

Table 15 summarizes FY 2018-19 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2018-19.

Table 13: Parks And Recreations Fees
Detached Single Family Residential (L Density) $2,382 / unit Medium / High Density Residential $1,998 / unit
Beginning Balance $ 1,999,720
Revenues
Fund 1020: Parks and Recreation Fund
Parks and Recreation Facility Tax 14,880
Parks Capital Improvement Tax 5,952
Youth Center Facility Tax 7,752
Interest Earned 31,033
Total Revenue $ 59,617
Expenditures
Fund 1020: Parks and Recreation Fund
Total Expenditures $ -
Ending Balance $ 2,059,338
Table 14: FY 2018-19 Parks and Recreation Improvements
Development Impact Fee
*Table 14 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

10 FY 18-19
Expenditures % Complete
% Funded With
Fee
Additional 96 Acres of Parkland $ - 0% 0%
96 Acre Parkland Improvements - 0% 0%
Additional Youth Center - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 15: Capital Improvement Expenditures

11 PUBLIC SAFETY FACILITIES
The impact fees for public safety were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, electronics, and other equipment as police improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 16.

Table 17 summarizes changes in fund balance and qualifying DIF revenues and expenditures for public safety facilities in FY 2018-19.

Table 18 summarizes FY 2018-19 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2018-19.

Very Low Density Residential $401 / unit
Low Density Residential $401 / unit
Multi-Family Residential $46 / unit
Commercial $800 / acre
Business Park $569 / acre
Industrial $664 / acre
Institutional $796 / acre
Table 16: Police Fees
Beginning Balance $ 115,627
Revenues
Fund 1091: Police Facility Impact Fee
Police Public Facility Fee 4,971
Interest Earned 1,922
Total Revenue $ 6,893
Expenditures
Fund 1091: Police Facility Impact Fee
Total Expenditures $ -
Ending Balance $ 122,520
Table 17: FY 2018-19 Public Safety Facilities Development Impact Fee

12 Table 18: Capital Improvement Expenditures
FY 18-19
Expenditures % Complete
% Funded With
Fee
Police building, vehicles, and equipment1 $ - 50% 46%
Total $ -
All figures in this table are as of August 2023.
1 The 2003 Nexus Study provides a broad description of the allowable uses of public safety DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of public safety DIF rates.

Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for public safety facilities improvements. Since 2006, the City has expended DIF funds on the development of a police substation, communications systems, and other public safety related equipment, all of which are allowable uses of public safety DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $895,000 of the total $1.9 million spending goal outlined in the 1995 schedule (or 46% as shown in Table 18).

13 FIRE PROTECTION FACILITIES
Improvement of fire protection facilities and the purchase of related equipment are funded with DIF collected for new development. The impact fees for fire protection facilities were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, training materials, and other equipment as fire facility improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 19.

Table 20 summarizes changes in fund balance and qualifying DIF revenues and expenditures for fire protection facilities in FY 2018-19.

Very Low Density Residential $520 / unit
Low Density Residential $520 / unit
Multi-Family Residential $59 / unit
Commercial $1,038 / acre
Business Park $738 / acre
Industrial $860 / acre
Institutional $1,032 / acre
Table 19: Fire Protection Development Impact Fees

14 Table 21 summarizes FY 2018-19 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2018-19.

Beginning Balance $ 68,382
Revenues
Fund 1093: Fire Facility Impact Fee
Fire Facility Impact Fee 6,652
Interest Earned 1,198
Total Revenue $ 7,850
Expenditures
Fund 1093: Fire Facility Impact Fee
Total Expenditures $ -
Ending Balance $ 76,233
Table 20: FY 2018-19 Fire Protection Facilities Development Impact Fee
*Table 20 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

FY 18-19
Expenditures % Complete
% Funded With
Fee
Fire station, vehicles, and equipment1 $ - 50% 56%
Total $ -
All figures in this table are as of August 2023.

Table 21: Capital Improvement Expenditures
1 The 2003 Nexus Study provides a broad description of the allowable uses of fire protection DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of fire protection DIF rates. Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for fire protection facilities improvements. Since 2006, the City has expended DIF funds on the development of a fire station and truck, which are allowable uses of fire protection DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $2.2 million of the total $3.9 million spending goal outlined in the 1995 schedule (or 56% as shown in Table 21).

15 GENERAL GOVERNMENT CAPITAL FACILITIES
Facilities related to the general administration and management of the City are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for general government capital facilities are as shown in Table 22.

Table 23 summarizes changes in fund balance and qualifying DIF revenues and expenditures for general government capital facilities in FY 2018-19.

Table 24 summarizes FY 2018-19 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2018-19.

Single Family Residential $378.76 / unit
Medium / High Density Residential $316.54 / unit
Non-Residential Land Use $949 / acre
Table 22: General Government Capital Facilities
Beginning Balance $ 177,253
Revenues
Fund 1095: Government Building Facility
Government Building Facility Tax 4,922
Interest Earned 2,899
Total Revenue $ 7,821
Expenditures
Fund 1095: Government Building Facility
Total Expenditures $ -
Ending Balance $ 185,073
Table 23: FY 2018-19 General Government Capital Facilities Development Impact Fee
FY 18-19
Expenditures % Complete
% Funded With
Fee
Administration Building $ - 0% 0%
Second Wing Addition to City Hall - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 24: Capital Improvement Expenditures

16 DIF FUND RECONCILIATION
As identified in Table 1 at the beginning of this report and in certain fund tables throughout the report, the City spent funds on Non-DIF Expenditures in FY 2018-19.

Table 25: Summary of Non-DIF Revenues and Expenditures Since FY 2017-18 Development Impact Fee Non-DIF
Revenues
Non-DIF
Expenditures
Transportation Facilities
FY 17-18 $ - $ (15,770)
FY 18-19 - (3,000)
Transportation Facilities Subtotal (18,770)
Parks & Recreation Improvements
FY 17-18 - (40,299)
FY 18-19 - (39,269)
Parks & Recreation Improvements Subtotal - (79,567)
Fire Protection Facilities
FY 17-18 - (136)
FY 18-19 - (111)
Fire Protection Facilities Subtotal - (247)
Total $ - $ (98,584)

FISCAL YEAR 2019-20 DEVELOPMENT IMPACT

FEE REPORT
City of Atwater
Revised January 2024

1 BACKGROUND
In accordance with the Mitigation Fee Act (California Government Code Section 66000), the City of Atwater (“City”) adopted a Public Facility Development Impact Fee Study in March 2003 that demonstrated the nexus between new development and the need for public facilities (“2003 Nexus Study”). The Mitigation Fee Act requires that the City prepare an annual review of all development impact fees and make available to the public a report on the fees after the end of each fiscal year. The City is also required to adopt by resolution certain findings for any fund accounts that contain unexpended funds as of the fifth fiscal year following the first deposit into those funds (Government Code Section 66001 (d)).

Each year, the City prepares a capital improvement plan (“CIP”) that details a schedule of improvements necessary to accommodate the projected population growth generated by new development. The CIP also classifies the intended use of each of the development impact fees (“DIF”) and allocates revenue from DIF for their intended capital projects.

In compliance with the requirements of California Assembly Bill 1600 (adopted in 1987) (“AB 1600”), the City has completed this annual report regarding the collection, compliance, and use of DIF. This report includes the following information for each DIF:
• Description of the fee type;
• Amount of the fee;
• Beginning and ending balance of the account/fund;
• Amount of fees collected during the fiscal year;
• Interest earned during the fiscal year;
• Identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
• An approximate date by which the construction of the public improvement will commence, provided that the City has determined that sufficient funds have been collected to complete financing on an incomplete public improvement; • A description of each interfund transfer or loan made from the account/fund, the date when the loan will be repaid, and the rate of interest that the account/fund will receive the loan; and
• The amount of refunds made pursuant to Section 66001 of the Government Code.

In the City of Atwater, DIF are collected for the following purposes:
• Water facilities;
• Wastewater facilities;
• Transportation facilities
• Parks and recreation improvements;
• Public safety facilities;
• Fire protection facilities; and
• General government capital facilities.

2 Table 1 summarizes all DIF fund beginning and ending balances, revenues, and expenditures for Fiscal Year (“FY”) 2019-20.

Table 1: FY 2019-20 Summary of Development Impact Fees
Development Impact Fee
Adjusted
Beginning
Fund Balance
DIF
Revenues
DIF
Expenditures
Adjusted
Ending Fund
Balance
Non-DIF
Revenues
Non-DIF
Expenditures
Water Facilities $ 2,425,697 $ 161,719 $ - $ 2,587,417 $ - $ - Wastewater Facilities 6,857,942 212,067 - $ 7,070,008 901 - Transportation Facilities 1,066,073 109,109 - $ 1,175,183 - - Parks & Recreation Improvements 2,059,338 127,555 (288,171) $ 1,898,722 - (6,373) Public Safety Facilities 122,520 19,485 - $ 142,005 - - Fire Protection Facilities 76,233 24,399 - $ 100,632 - (142) General Government Capital Facilities 185,073 19,130 - $ 204,203 - - Total $12,792,876 $ 673,465 $ (288,171) $13,178,170 $ 901 $ (6,515) Note that the numbers in this table and others throughout the report may not add up exactly to the totals provided due to rounding.

The Adjusted Fund Balances in Table 1 reflect only the qualifying revenues and expenditures in the DIF funds in FY 2019-20. Any Non-DIF Revenues and Expenditures are excluded.

Therefore for some funds, the adjusted ending balance does not match the City’s financial reports which reflect these Non-DIF Revenues and Expenditures.

3 WATER SERVICE FACILITIES
Capital facility improvements for water services are funded with DIF collected for new development. Water service facilities fees are used to fund major water supply, transmission, and storage facilities. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fee for tapping into the City water system is a flat fee of $400.00 plus the fees identified in Tables 2, 3, and 4. The fees collected for these purposes are deposited into the Water and Maintenance Fund. Table 2 shows the fees for regular service.

Table 3 shows the additional fees for non-residential uses, which are based on meter size.

Table 4 shows the fees for non-residential uses for fire service, based on meter size.

Table 2: Water System - Regular Service Fee
Residential Estate (VL Density) $2,989 / unit
Detached Single Family Residential (L Density) $2,689 / unit Medium / High Density Residential $1,257 / unit
Residential Transition $1,257 / unit
Commercial & Commercial Transition $3,135 + connection fee / meter size Business Park $3,150 + connection fee / meter size
Manufacturing $3,430 + connection fee / meter size
Institutional $3,991 + connection fee / meter size
Schools & County Government $1,473 + connection fee / meter size Private Recreation $3,388 + connection fee / meter size Table 3: Non-Residential Use Fee Per Meter Size
Meter Size Flow Rate Fee / Meter Size
Basic 5/8 X 3/4" 20 gpm $500
3/4" 30 gpm $750
1" 50 gpm $1,250

1.5" 100 gpm $2,500
2" 160 gpm $4,000
3" 300 gpm $7,500
4" 500 gpm $12,500
6" 1,200 gpm $30,000
8" 2,000 gpm $50,000
Table 4: Non-Residential Use Fees for Fire Service
Meter Size Flow Rate Fee / Meter Size
4" 1,000 gpm $1,500
6" 2,000 gpm $3,000
8" 3,500 gpm $5,150
10" 5,600 gpm $8,250

4 Table 5 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the water services facilities DIF fund in FY 2019-20.

Table 6 summarizes FY 2019-20 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2019-20.

Beginning Balance $ 2,425,697
Revenues
Fund 6004: Water Well-Buhach Colony
Facility Fee 1,300
Interest Earned 1,868
Fund 6005: Water Capital Impact Fees
Water Connection Fees 5,600
Capacity Fee 133,022
Interest Earned 19,930
Total Revenue $ 161,719
Expenditures
Fund 6004: Water Well-Buhach Colony
Fund 6005: Water Capital Impact Fees
Total Expenditures $ -
Ending Balance $ 2,587,417
Table 5: FY 2019-20 Water Facilities Development Impact Fee FY 19-20
Expenditures % Complete
% Funded
With Fee
One New Well1 $ - 0% 0%
Two Reservoirs at 1.5 MG Each - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 6: Capital Improvement Expenditures

5 WASTEWATER FACILITIES
Wastewater facilities fees are used to fund improvements to the wastewater treatment plant to increase capacity to maintain the level of service after the addition of new residents. The fees collected for this purpose are deposited into the Sewer and Maintenance Fund. According to the 2003 Nexus Study, the fee for tapping into the City sewer system is a flat fee of $400.00 plus the fees outlined in Table 7.

Table 8 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the wastewater facilities DIF fund in FY 2019-20.

Table 7: Wastewater Facilities Fees
Single Family Residential (VL and L Density) $3,667
Mobile Homes $3,312
Med / High Density Residential $3,312
For the First 1,000 sq ft building area $1,576
Per 1,000 sq ft thereafter $1,288
Laundry Facilities, Car Washes / 1,000 sq ft $1,576 + $1,000 / machine Mortuaries / 1,000 sq ft $1,576
Recreational Vehicle / pad $1,576
Restaurants and Coffee Shops / 1,000 sq ft $1,576
Bars and Beauty Parlors / 1,000 sq ft $1,576
Hospitals / 1,000 sq ft $1,576
Convalescent hospitals and rest homes / 1,000 sq ft $1,576 Schools / 1,000 sq ft $1,576
Churches / 1,000 sq ft (excluding sanctuary) $1,576
Miscellaneous City users (bakeries, etc.) $576
Government facilities equivalent to residential unit $3,667 Miscellaneous
Residential
Commercial
Institutional
Industrial
Connection charges for industrial classifications to be individually determined from discharge characteristics.

6 Table 9 summarizes FY 2019-20 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2019-20.

Beginning Balance $ 6,857,942
Revenues
Fund 6011: Sewer Fund Capital Replacement
Sewer Connection Fees 5,600
Capacity Fee 165,015
Sewer WWTP Expansion 11,600
Interest Earned 29,852
Total Revenue $ 212,067
Expenditures
Fund 6011: Sewer Fund Capital Replacement
Total Expenditures $ -
Ending Balance $ 7,070,008
Table 8: FY 2019-20 Wastewater Facilities Development Impact Fee *Table 8 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

FY 19-20
Expenditures % Complete
% Funded With
Fee

3.5 MGD Additional Capacity $ - 0% 0%
Tertiary Filter to Existing Facility1 - 100% 100%
Total $ -
All figures in this table are as of August 2023.

Table 9: Capital Improvement Expenditures
1 The tertiary filter was completed using DIF funds. The 2003 Nexus Study estimated that the filter would cost $567,000, however the City expended approximately $3.6 million in Fiscal Years 11-12 to 16-17. The discrepancy is due to the increased costs of development since the 2003 estimates were prepared.

7 TRANSPORTATION FACILITIES
Transportation facility improvements, including roadway facilities and traffic signals, are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for transportation facilities are as shown in Table

10. Table 11 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the transportation facilities DIF fund in FY 2019-20.

Table 12 summarizes FY 2019-20 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2019-20.

Table 10: Transportation Facilities Fees
Detached Single Family Residential (L Density) $226 / acre / $57 / unit Medium / High Density Residential $599 / acre / $35 / unit Commercial $312 / acre
Business Park & Industrial $226 / acre
Beginning Balance $ 1,066,073
Revenues
Fund 1015: Traffic Circulation Fund
Traffic Circulation Tax 30,060
Avenue One Traffic Signal 1,244
Signal at Comm/Applegate 52,669
Signal at Bell Drive 5,420
Applegate Traffic Signal 5,420
Interest Earned 11,731
Traffic Signals & Opticons 2,565
Total Revenue $ 109,109
Expenditures
Fund 1015: Traffic Circulation Fund
Total Expenditures $ -
Ending Balance $ 1,175,183
Table 11: FY 2019-20 Transportation Facilities Development Impact Fee

8 FY 19-20
Expenditures % Complete
% Funded With
Fee
Bellevue Road Widening $ - 0% 0%
Buhach Road Widening1 - 100% 40%
Bellevue Road Raised Median - 0% 0%
Avenue One & Avenue Two - 50% 0%
Bell Drive - 50% 0%
Commerce Avenue - 25% 0%
Traffic Signals and Opticons - 80% 0%
Total $ -
All figures in this table are as of August 2023.

Table 12: Capital Improvement Expenditures
1 To date, the City has expended approximately $230,500 in transportation DIF funds to assist with the Buhach Road widening identified in the 2003 Nexus Study. This is less than the cost of the project; the remainder was funded by a developer as a condition of development. Progress has also been made by developers as a condition of development on Avenue One and Two, Bell Drive, Commerce Ave, and the traffic signals. Thus, DIF funds have not yet been utilized on those projects.

9 PARKS AND RECREATION FACILITIES
Citywide parks and recreation facilities, including the Atwater Youth Center, are funded with DIF collected for new development. According to the 2003 Nexus Study, the fees for parks and recreation facilities are as outlined in Table 13.

Table 14 summarizes changes in fund balance and qualifying DIF revenues and expenditures for parks and recreation improvements in FY 2019-20.

Table 15 summarizes FY 2019-20 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2019-20.

Table 13: Parks And Recreations Fees
Detached Single Family Residential (L Density) $2,382 / unit Medium / High Density Residential $1,998 / unit
Beginning Balance $ 2,059,338
Revenues
Fund 1020: Parks and Recreation Fund
Parks and Recreation Facility Tax 55,800
Parks Capital Improvement Tax 22,320
Youth Center Facility Tax 29,070
Interest Earned 20,365
Total Revenue $ 127,555
Expenditures
Fund 1020: Parks and Recreation Fund
Splash Pad at Veterans Park $ (288,171)
Total Expenditures $ (288,171)
Ending Balance $ 1,898,722
Table 14: FY 2019-20 Parks and Recreation Improvements
Development Impact Fee
*Table 14 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

10 FY 19-20
Expenditures % Complete
% Funded With
Fee
Additional 96 Acres of Parkland $ - 0% 0%
96 Acre Parkland Improvements 288,171 25% 8%
Additional Youth Center - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 15: Capital Improvement Expenditures

11 PUBLIC SAFETY FACILITIES
The impact fees for public safety were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, electronics, and other equipment as police improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 16.

Table 17 summarizes changes in fund balance and qualifying DIF revenues and expenditures for public safety facilities in FY 2019-20.

Table 18 summarizes FY 2019-20 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2019-20.

Very Low Density Residential $401 / unit
Low Density Residential $401 / unit
Multi-Family Residential $46 / unit
Commercial $800 / acre
Business Park $569 / acre
Industrial $664 / acre
Institutional $796 / acre
Table 16: Police Fees
Beginning Balance $ 122,520
Revenues
Fund 1091: Police Facility Impact Fee
Police Public Facility Fee 18,045
Interest Earned 1,440
Total Revenue $ 19,485
Expenditures
Fund 1091: Police Facility Impact Fee
Total Expenditures $ -
Ending Balance $ 142,005
Table 17: FY 2019-20 Public Safety Facilities Development Impact Fee

12 Table 18: Capital Improvement Expenditures
FY 19-20
Expenditures % Complete
% Funded With
Fee
Police building, vehicles, and equipment1 $ - 50% 46%
Total $ -
All figures in this table are as of August 2023.
1 The 2003 Nexus Study provides a broad description of the allowable uses of public safety DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of public safety DIF rates.

Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for public safety facilities improvements. Since 2006, the City has expended DIF funds on the development of a police substation, communications systems, and other public safety related equipment, all of which are allowable uses of public safety DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $895,000 of the total $1.9 million spending goal outlined in the 1995 schedule (or 46% as shown in Table 18).

13 FIRE PROTECTION FACILITIES
Improvement of fire protection facilities and the purchase of related equipment are funded with DIF collected for new development. The impact fees for fire protection facilities were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, training materials, and other equipment as fire facility improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 19.

Table 20 summarizes changes in fund balance and qualifying DIF revenues and expenditures for fire protection facilities in FY 2019-20.

Very Low Density Residential $520 / unit
Low Density Residential $520 / unit
Multi-Family Residential $59 / unit
Commercial $1,038 / acre
Business Park $738 / acre
Industrial $860 / acre
Institutional $1,032 / acre
Table 19: Fire Protection Development Impact Fees

14 Table 21 summarizes FY 2019-20 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2019-20.

Beginning Balance $ 76,233
Revenues
Fund 1093: Fire Facility Impact Fee
Fire Facility Impact Fee 23,400
Interest Earned 999
Total Revenue $ 24,399
Expenditures
Fund 1093: Fire Facility Impact Fee
Total Expenditures $ -
Ending Balance $ 100,632
Table 20: FY 2019-20 Fire Protection Facilities Development Impact Fee
*Table 20 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

FY 19-20
Expenditures % Complete
% Funded With
Fee
Fire station, vehicles, and equipment1 $ - 50% 56%
Total $ -
All figures in this table are as of August 2023.

Table 21: Capital Improvement Expenditures
1 The 2003 Nexus Study provides a broad description of the allowable uses of fire protection DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of fire protection DIF rates. Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for fire protection facilities improvements. Since 2006, the City has expended DIF funds on the development of a fire station and truck, which are allowable uses of fire protection DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $2.2 million of the total $3.9 million spending goal outlined in the 1995 schedule (or 56% as shown in Table 21).

15 GENERAL GOVERNMENT CAPITAL FACILITIES
Facilities related to the general administration and management of the City are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for general government capital facilities are as shown in Table 22.

Table 23 summarizes changes in fund balance and qualifying DIF revenues and expenditures for general government capital facilities in FY 2019-20.

Table 24 summarizes FY 2019-20 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2019-20.

Single Family Residential $378.76 / unit
Medium / High Density Residential $316.54 / unit
Non-Residential Land Use $949 / acre
Table 22: General Government Capital Facilities
Beginning Balance $ 185,073
Revenues
Fund 1095: Government Building Facility
Government Building Facility Tax 17,044
Interest Earned 2,086
Total Revenue $ 19,130
Expenditures
Fund 1095: Government Building Facility
Total Expenditures $ -
Ending Balance $ 204,203
Table 23: FY 2019-20 General Government Capital Facilities Development Impact Fee
FY 19-20
Expenditures % Complete
% Funded With
Fee
Administration Building $ - 0% 0%
Second Wing Addition to City Hall - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 24: Capital Improvement Expenditures

16 DIF FUND RECONCILIATION
As identified in Table 1 at the beginning of this report and in certain fund tables throughout the report, the City spent funds on Non-DIF Expenditures in FY 2019-20.

Table 25: Summary of Non-DIF Revenues and Expenditures Since FY 2017-18 Development Impact Fee Non-DIF
Revenues
Non-DIF
Expenditures
Wastewater Facilities
FY 19-20 $ 901 $ -
Wastewater Facilities Subtotal 901 -
Transportation Facilities
FY 17-18 - (15,770)
FY 18-19 - (3,000)
Transportation Facilities Subtotal - (18,770)
Parks & Recreation Improvements
FY 17-18 - (40,299)
FY 18-19 - (39,269)
FY 19-20 - (6,373)
Parks & Recreation Improvements Subtotal - (85,941)
Fire Protection Facilities
FY 17-18 - (136)
FY 18-19 - (111)
FY 19-20 - (142)
Fire Protection Facilities Subtotal - (389)
Total $ 901 $ (105,099)

FISCAL YEAR 2020-21 DEVELOPMENT IMPACT

FEE REPORT
City of Atwater
Revised January 2024

1 BACKGROUND
In accordance with the Mitigation Fee Act (California Government Code Section 66000), the City of Atwater (“City”) adopted a Public Facility Development Impact Fee Study in March 2003 that demonstrated the nexus between new development and the need for public facilities (“2003 Nexus Study”). The Mitigation Fee Act requires that the City prepare an annual review of all development impact fees and make available to the public a report on the fees after the end of each fiscal year. The City is also required to adopt by resolution certain findings for any fund accounts that contain unexpended funds as of the fifth fiscal year following the first deposit into those funds (Government Code Section 66001 (d)).

Each year, the City prepares a capital improvement plan (“CIP”) that details a schedule of improvements necessary to accommodate the projected population growth generated by new development. The CIP also classifies the intended use of each of the development impact fees (“DIF”) and allocates revenue from DIF for their intended capital projects.

In compliance with the requirements of California Assembly Bill 1600 (adopted in 1987) (“AB 1600”), the City has completed this annual report regarding the collection, compliance, and use of DIF. This report includes the following information for each DIF:
• Description of the fee type;
• Amount of the fee;
• Beginning and ending balance of the account/fund;
• Amount of fees collected during the fiscal year;
• Interest earned during the fiscal year;
• Identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
• An approximate date by which the construction of the public improvement will commence, provided that the City has determined that sufficient funds have been collected to complete financing on an incomplete public improvement; • A description of each interfund transfer or loan made from the account/fund, the date when the loan will be repaid, and the rate of interest that the account/fund will receive the loan; and
• The amount of refunds made pursuant to Section 66001 of the Government Code.

In the City of Atwater, DIF are collected for the following purposes:
• Water facilities;
• Wastewater facilities;
• Transportation facilities
• Parks and recreation improvements;
• Public safety facilities;
• Fire protection facilities; and
• General government capital facilities.

2 Table 1 summarizes all DIF fund beginning and ending balances, revenues, and expenditures for Fiscal Year (“FY”) 2020-21.

Table 1: FY 2020-21 Summary of Development Impact Fees
Development Impact Fee
Adjusted
Beginning
Fund Balance
DIF Revenues DIF
Expenditures
Adjusted
Ending Fund
Balance
Non-DIF
Revenues
Non-DIF
Expenditures
Water Facilities $ 2,587,417 $ 267,921 $ - $ 2,855,338 $ - $ - Wastewater Facilities 7,070,008 321,892 - 7,391,900 2,703 - Transportation Facilities 1,175,183 221,305 - 1,396,488 - (15,011) Parks & Recreation Improvements 1,898,722 187,603 (269,119) 1,817,206 470,000 (17,087) Public Safety Facilities 142,005 34,879 - 176,885 - -
Fire Protection Facilities 100,632 44,485 - 145,117 - (128) General Government Capital Facilities 204,203 33,772 - 237,975 - - Total $ 13,178,170 $ 1,111,856 $ (269,119) $ 14,020,908 $ 472,703 $ (32,225) Note that the numbers in this table and others throughout the report may not add up exactly to the totals provided due to rounding.

The Adjusted Fund Balances in Table 1 reflect only the qualifying revenues and expenditures in the DIF funds in FY 2020-21. Any Non-DIF Revenues and Expenditures are excluded.

Therefore for some funds, the adjusted ending balance does not match the city's financial reports which reflect these Non-DIF Revenues and Expenditures.

3 WATER SERVICE FACILITIES
Capital facility improvements for water services are funded with DIF collected for new development. Water service facilities fees are used to fund major water supply, transmission, and storage facilities. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fee for tapping into the City water system is a flat fee of $400.00 plus the fees identified in Tables 2, 3, and 4. The fees collected for these purposes are deposited into the Water and Maintenance Fund. Table 2 shows the fees for regular service.

Table 3 shows the additional fees for non-residential uses, which are based on meter size.

Table 4 shows the fees for non-residential uses for fire service, based on meter size.

Table 2: Water System - Regular Service Fee
Residential Estate (VL Density) $2,989 / unit
Detached Single Family Residential (L Density) $2,689 / unit Medium / High Density Residential $1,257 / unit
Residential Transition $1,257 / unit
Commercial & Commercial Transition $3,135 + connection fee / meter size Business Park $3,150 + connection fee / meter size
Manufacturing $3,430 + connection fee / meter size
Institutional $3,991 + connection fee / meter size
Schools & County Government $1,473 + connection fee / meter size Private Recreation $3,388 + connection fee / meter size Table 3: Non-Residential Use Fee Per Meter Size
Meter Size Flow Rate Fee / Meter Size
Basic 5/8 X 3/4" 20 gpm $500
3/4" 30 gpm $750
1" 50 gpm $1,250

1.5" 100 gpm $2,500
2" 160 gpm $4,000
3" 300 gpm $7,500
4" 500 gpm $12,500
6" 1,200 gpm $30,000
8" 2,000 gpm $50,000
Table 4: Non-Residential Use Fees for Fire Service
Meter Size Flow Rate Fee / Meter Size
4" 1,000 gpm $1,500
6" 2,000 gpm $3,000
8" 3,500 gpm $5,150
10" 5,600 gpm $8,250

4 Table 5 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the water services facilities DIF fund in FY 2020-21.

Table 6 summarizes FY 2020-21 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2020-21.

Beginning Balance $ 2,587,417
Revenues
Fund 6004: Water Well-Buhach Colony
Facility Fee 1,953
Interest Earned 772
Fund 6005: Water Capital Impact Fees
Water Connection Fees 8,589
Capacity Fee 247,339
Interest Earned 9,268
Total Revenue $ 267,921
Expenditures
Fund 6004: Water Well-Buhach Colony
Fund 6005: Water Capital Impact Fees
Total Expenditures $ -
Ending Balance $ 2,855,338
Table 5: FY 2020-21 Water Facilities Development Impact Fee FY 20-21
Expenditures % Complete
% Funded
With Fee
One New Well1 $ - 0% 0%
Two Reservoirs at 1.5 MG Each - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 6: Capital Improvement Expenditures

5 WASTEWATER FACILITIES
Wastewater facilities fees are used to fund improvements to the wastewater treatment plant to increase capacity to maintain the level of service after the addition of new residents. The fees collected for this purpose are deposited into the Sewer and Maintenance Fund. According to the 2003 Nexus Study, the fee for tapping into the City sewer system is a flat fee of $400.00 plus the fees outlined in Table 7.

Table 8 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the wastewater facilities DIF fund in FY 2020-21.

Table 7: Wastewater Facilities Fees
Single Family Residential (VL and L Density) $3,667
Mobile Homes $3,312
Med / High Density Residential $3,312
For the First 1,000 sq ft building area $1,576
Per 1,000 sq ft thereafter $1,288
Laundry Facilities, Car Washes / 1,000 sq ft $1,576 + $1,000 / machine Mortuaries / 1,000 sq ft $1,576
Recreational Vehicle / pad $1,576
Restaurants and Coffee Shops / 1,000 sq ft $1,576
Bars and Beauty Parlors / 1,000 sq ft $1,576
Hospitals / 1,000 sq ft $1,576
Convalescent hospitals and rest homes / 1,000 sq ft $1,576 Schools / 1,000 sq ft $1,576
Churches / 1,000 sq ft (excluding sanctuary) $1,576
Miscellaneous City users (bakeries, etc.) $576
Government facilities equivalent to residential unit $3,667 Miscellaneous
Residential
Commercial
Institutional
Industrial
Connection charges for industrial classifications to be individually determined from discharge characteristics.

6 Table 9 summarizes FY 2020-21 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2020-21.

Beginning Balance $ 7,070,008
Revenues
Fund 6011: Sewer Fund Capital Replacement
Sewer Connection Fees 8,467
Capacity Fee 299,817
Interest Earned 13,608
Total Revenue $ 321,892
Expenditures
Fund 6011: Sewer Fund Capital Replacement
Total Expenditures $ -
Ending Balance $ 7,391,900
Table 8: FY 2020-21 Wastewater Facilities Development Impact *Table 8 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

FY 20-21
Expenditures % Complete
% Funded With
Fee

3.5 MGD Additional Capacity $ - 0% 0%
Tertiary Filter to Existing Facility1 - 100% 100%
Total $ -
All figures in this table are as of August 2023.

Table 9: Capital Improvement Expenditures
1 The tertiary filter was completed using DIF funds. The 2003 Nexus Study estimated that the filter would cost $567,000, however the City expended approximately $3.6 million in Fiscal Years 11-12 to 16-17. The discrepancy is due to the increased costs of development since the 2003 estimates were prepared.

7 TRANSPORTATION FACILITIES
Transportation facility improvements, including roadway facilities and traffic signals, are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for transportation facilities are as shown in Table

10. Table 11 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the transportation facilities DIF fund in FY 2020-21.

Table 10: Transportation Facilities Fees
Detached Single Family Residential (L Density) $226 / acre / $57 / unit Medium / High Density Residential $599 / acre / $35 / unit Commercial $312 / acre
Business Park & Industrial $226 / acre

8 Table 12 summarizes FY 2020-21 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2020-21.

Beginning Balance $ 1,175,183
Revenues
Fund 1015: Traffic Circulation Fund
Traffic Circulation Tax 66,241
Avenue One Traffic Signal 1,002
Signal at Comm/Applegate 118,929
Signal at Bell Drive 11,889
Applegate Traffic Signal 11,889
Interest Earned 5,712
Traffic Signals & Opticons 5,642
Total Revenue $ 221,305
Expenditures
Fund 1015: Traffic Circulation Fund
Total Expenditures $ -
Ending Balance $ 1,396,488
Table 11: FY 2020-21 Transportation Facilities Development Impact Fee
*Table 11 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

9 FY 20-21
Expenditures % Complete
% Funded With
Fee
Bellevue Road Widening $ - 0% 0%
Buhach Road Widening1 - 100% 40%
Bellevue Road Raised Median - 0% 0%
Avenue One & Avenue Two - 50% 0%
Bell Drive - 50% 0%
Commerce Avenue - 25% 0%
Traffic Signals and Opticons - 80% 0%
Total $ -
All figures in this table are as of August 2023.

Table 12: Capital Improvement Expenditures
1 To date, the City has expended approximately $230,500 in transportation DIF funds to assist with the Buhach Road widening identified in the 2003 Nexus Study. This is less than the cost of the project; the remainder was funded by a developer as a condition of development. Progress has also been made by developers as a condition of development on Avenue One and Two, Bell Drive, Commerce Ave, and the traffic signals. Thus, DIF funds have not yet been utilized on those projects.

10 PARKS AND RECREATION FACILITIES
Citywide parks and recreation facilities, including the Atwater Youth Center, are funded with DIF collected for new development. According to the 2003 Nexus Study, the fees for parks and recreation facilities are as outlined in Table 13.

Table 14 summarizes changes in fund balance and qualifying DIF revenues and expenditures for parks and recreation improvements in FY 2020-21.

Table 15 summarizes FY 2020-21 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2020-21.

Table 13: Parks And Recreations Fees
Detached Single Family Residential (L Density) $2,382 / unit Medium / High Density Residential $1,998 / unit
Beginning Balance $ 1,898,722
Revenues
Fund 1020: Parks and Recreation Fund
Parks and Recreation Facility Tax 94,240
Parks Capital Improvement Tax 37,696
Youth Center Facility Tax 49,096
Interest Earned 6,571
Total Revenues $ 187,603
Expenditures
Fund 1020: Parks and Recreation Fund
Splash Pad at Veterans Park $ (269,119)
Total Expenditures $ (269,119)
Ending Balance $ 1,817,206
Table 14: FY 2020-21 Parks and Recreation Improvements
Development Impact Fee
*Table 14 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

11 FY 20-21
Expenditures % Complete
% Funded With
Fee
Additional 96 Acres of Parkland $ - 0% 0%
96 Acre Parkland Improvements 269,119 25% 15%
Additional Youth Center - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 15: Capital Improvement Expenditures

12 PUBLIC SAFETY FACILITIES
The impact fees for public safety were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, electronics, and other equipment as police improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 16.

Table 17 summarizes changes in fund balance and qualifying DIF revenues and expenditures for public safety facilities in FY 2020-21.

Table 18 summarizes FY 2020-21 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2020-21.

Very Low Density Residential $401 / unit
Low Density Residential $401 / unit
Multi-Family Residential $46 / unit
Commercial $800 / acre
Business Park $569 / acre
Industrial $664 / acre
Institutional $796 / acre
Table 16: Police Fees
Beginning Balance $ 142,005
Revenues
Fund 1091: Police Facility Impact Fee
Police Public Facility Fee 34,136
Interest Earned 743
Total Revenue $ 34,879
Expenditures
Fund 1091: Police Facility Impact Fee
Total Expenditures $ -
Ending Balance $ 176,885
Table 17: FY 2020-21 Public Safety Facilities Development Impact Fee

13 Table 18: Capital Improvement Expenditures
FY 20-21
Expenditures % Complete
% Funded With
Fee
Police building, vehicles, and equipment1 $ - 50% 46%
Total $ -
All figures in this table are as of August 2023.
1 The 2003 Nexus Study provides a broad description of the allowable uses of public safety DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of public safety DIF rates.

Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for public safety facilities improvements. Since 2006, the City has expended DIF funds on the development of a police substation, communications systems, and other public safety related equipment, all of which are allowable uses of public safety DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $895,000 of the total $1.9 million spending goal outlined in the 1995 schedule (or 46% as shown in Table 18).

14 FIRE PROTECTION FACILITIES
Improvement of fire protection facilities and the purchase of related equipment are funded with DIF collected for new development. The impact fees for fire protection facilities were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, training materials, and other equipment as fire facility improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 19.

Table 20 summarizes changes in fund balance and qualifying DIF revenues and expenditures for fore protection facilities in FY 2020-21.

Very Low Density Residential $520 / unit
Low Density Residential $520 / unit
Multi-Family Residential $59 / unit
Commercial $1,038 / acre
Business Park $738 / acre
Industrial $860 / acre
Institutional $1,032 / acre
Table 19: Fire Protection Development Impact Fees

15 Table 21 summarizes FY 2020-21 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2020-21.

Beginning Balance $ 100,632
Revenues
Fund 1093: Fire Facility Impact Fee
Fire Facility Impact Fee 43,880
Interest Earned 605
Total Revenue $ 44,485
Expenditures
Fund 1093: Fire Facility Impact Fee
Total Expenditures $ -
Ending Balance $ 145,117
Table 20: FY 2020-21 Fire Protection Facilities Development Impact Fee
*Table 20 only reports on the allowable DIF revenues and expenditures that occurred in the fund.

FY 20-21
Expenditures % Complete
% Funded With
Fee
Fire station, vehicles, and equipment1 $ - 50% 56%
Total $ -
All figures in this table are as of August 2023.

Table 21: Capital Improvement Expenditures
1 The 2003 Nexus Study provides a broad description of the allowable uses of fire protection DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of fire protection DIF rates. Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for fire protection facilities improvements. Since 2006, the City has expended DIF funds on the development of a fire station and truck, which are allowable uses of fire protection DIF funds pursuant to the 2003 Nexus Study’s description. To date, the City has expended approximately $2.2 million of the total $3.9 million spending goal outlined in the 1995 schedule (or 56% as shown in Table 21).

16 GENERAL GOVERNMENT CAPITAL FACILITIES
Facilities related to the general administration and management of the City are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for general government capital facilities are as shown in Table 22.

Table 23 summarizes changes in fund balance and qualifying DIF revenues and expenditures for general government capital facilities in FY 2020-21.

Table 24 summarizes FY 2020-21 DIF expenditures, as well as project completion and the percentage of the project cost funded with DIF funds through FY 2020-21.

Single Family Residential $378.76 / unit
Medium / High Density Residential $316.54 / unit
Non-Residential Land Use $949 / acre
Table 22: General Government Capital Facilities
Beginning Balance $ 204,203
Revenues
Fund 1095: Government Building Facility
Government Building Facility Tax 32,772
Interest Earned 1,000
Total Revenue $ 33,772
Expenditures
Fund 1095: Government Building Facility
Total Expenditures $ -
Ending Balance $ 237,975
Table 23: FY 2020-21 General Government Capital Facilities Development Impact Fee
FY 20-21
Expenditures % Complete
% Funded With
Fee
Administration Building $ - 0% 0%
Second Wing Addition to City Hall - 0% 0%
Total $ -
All figures in this table are as of August 2023.

Table 24: Capital Improvement Expenditures

17 DIF FUND RECONCILIATION
As identified in Table 1 at the beginning of this report and in certain fund tables throughout the report, the City spent funds on Non-DIF Expenditures in FY 2020-21.

Table 25: Summary of Non-DIF Revenues and Expenditures Since FY 2017-18 Development Impact Fee Non-DIF
Revenues
Non-DIF
Expenditures
Wastewater Facilities
FY 19-20 $ 901 $ -
FY 20-21 2,703 -
Wastewater Facilities Subtotal 3,604 -
Transportation Facilities
FY 17-18 - (15,770)
FY 18-19 - (3,000)
FY 20-21 - (15,011)
Transportation Facilities Subtotal - (33,781)
Parks & Recreation Improvements
FY 17-18 - (40,299)
FY 18-19 - (39,269)
FY 19-20 - (6,373)
FY 20-21 470,000 (17,087)
Parks & Recreation Improvements Subtotal 470,000 (103,028) Fire Protection Facilities
FY 17-18 - (136)
FY 18-19 - (111)
FY 19-20 - (142)
FY 20-21 - (128)
Fire Protection Facilities Subtotal - (516)
Total $ 473,604 $ (137,325)

FIVE-YEAR DEVELOPMENT IMPACT FEE REPORT
FY 2017-18 – 2021-22
And

ANNUAL DEVELOPMENT IMPACT FEE REPORT
FY 2021-22
City of Atwater
Revised: January 2024

2 BACKGROUND
In accordance with the Mitigation Fee Act (Government Code Section 66000), the City of Atwater (“City”) adopted a Public Facility Development Impact Fee Study in March 2003 that demonstrated the nexus between new development and the need for public facilities (“2003 Nexus Study”). The Mitigation Fee Act requires that the City prepare an annual review of all development impact fees and make available to the public a report on the fees after the end of each fiscal year. The City is also required to adopt by resolution certain findings for any fund accounts that contain unexpected funds as of the fifth fiscal year following the first deposit into those funds (Government Code Section 66001 (d)).

Each year, the City prepares a capital improvement plan (“CIP”) that identifies a schedule of improvements necessary to accommodate the projected population growth generated by new development. The CIP classifies the intended use of each of the development impact fees (“DIF”) and allocates revenue from DIF for their intended capital projects.

The City is required by Government Code Section 66001(d) to report certain findings for funds remaining in the DIF accounts every fifth fiscal year following the first deposit into each public improvement account or fund, and every five years thereafter. The purpose of this report is twofold: to serve as the five-year annual report from 2017-18 through 2021-22; and as the annual report for 2021-22. This report includes the following information for each DIF:
• Description of the fee type;
• Amount of the fee;
• Beginning and ending balance of the account/fund;
• Amount of fees collected during the fiscal year;
• Interest earned during the fiscal year;
• Identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
• An approximate date by which the construction of the public improvement will commence, provided that the City has determined that sufficient funds have been collected to complete financing on an incomplete public improvement; • A description of each interfund transfer or loan made from the account/fund, the date when the loan will be repaid, and the rate of interest that the account/fund will receive the loan; and
• The amount of refunds made pursuant to Section 66001 of the Government Code.

In the City of Atwater, DIF are collected for the following purposes:
• Water facilities;
• Wastewater facilities;
• Transportation facilities
• Parks and recreation improvements;
• Public safety facilities;

3 • Fire protection facilities; and
• General government capital facilities.

4 WATER SERVICE FACILITIES
Capital facility improvements for water services are funded with DIF collected for new development. Water service facilities fees are used to fund major water supply, transmission, and storage facilities. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fee for tapping into the City water system is a flat fee of $400.00 plus the fees identified in Tables 1, 2, and 3. The fees collected for these purposes are deposited into the Water and Maintenance Fund. Table 1 shows the fees for regular services.

Table 2 shows the additional fees for non-residential uses, which are based on meter size.

Table 3 shows the fees for non-residential uses for fire service, based on meter size.

Table 1: Water System - Regular Service Fee
Residential Estate (VL Density) $2,989 / unit
Detached Single Family Residential (L Density) $2,689 / unit Medium / High Density Residential $1,257 / unit
Residential Transition $1,257 / unit
Commercial & Commercial Transition $3,135 + connection fee / meter size Business Park $3,150 + connection fee / meter size
Manufacturing $3,430 + connection fee / meter size
Institutional $3,991 + connection fee / meter size
Schools & County Government $1,473 + connection fee / meter size Private Recreation $3,388 + connection fee / meter size Table 2: Non-Residential Use Fee Per Meter Size
Meter Size Flow Rate Fee / Meter Size
Basic 5/8 X 3/4" 20 gpm $500
3/4" 30 gpm $750
1" 50 gpm $1,250

1.5" 100 gpm $2,500
2" 160 gpm $4,000
3" 300 gpm $7,500
4" 500 gpm $12,500
6" 1,200 gpm $30,000
8" 2,000 gpm $50,000
Table 3: Non Residential Use Fees for Fire Service
Meter Size Flow Rate Fee / Meter Size
4" 1,000 gpm $1,500
6" 2,000 gpm $3,000
8" 3,500 gpm $5,150
10" 5,600 gpm $8,250

5 Table 4 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the water services facilities DIF fund between Fiscal Years (“FY”) 2017-18 and FY 2021-22.

Table 5 details the status of each project identified in the 2003 Nexus Study, as well as the estimated start and completion date, estimated cost per the 2003 Nexus Study, and total DIF used for the project to date. The estimated costs are based on findings from the 2003 Nexus Study. Current day project costs are significantly higher than the costs estimated in 2003.

Therefore, the estimated costs may be insufficient to cover the current costs of completing the projects. The City intends to recalculate the estimated project costs to more accurately plan for the specified projects.

FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22
Beginning Balance $ 1,918,624 $ 2,349,494 $ 2,425,697 $ 2,587,417 $ 2,855,338 Revenues
Fund 6004: Water Well-Buhach Colony
Facility Fee 11,303 2,805 1,300 1,953 441
Interest Earned 1,299 2,769 1,868 772 130
Fund 6005: Water Capital Impact Fees
Water Connection Fee 48,400 5,200 5,600 8,589 10,189
Capacity Fee 357,051 37,489 133,022 247,339 271,830
Buhach Colony Bridges - - - - 2,689
Transfer from Buhach Colony 1050 - - - - 52,801
Interest Earned 12,817 27,941 19,930 9,268 1,867
Total Revenue 430,870 76,204 161,719 267,921 339,946
Expenditures
Fund 6004: Water Well-Buhach Colony
Fund 6005: Water Capital Impact Fees
Total Expenditures - - - - -
Ending Balance $ 2,349,494 $ 2,425,697 $ 2,587,417 $ 2,855,338 $ 3,195,284 Note that the numbers in this table and others throughout the report may not add up exactly to the totals provided due to rounding.

Table 4: Water Facilities DIF Statement of Revenues, Expenditures and Changes in Fund Balance Project Name Status Est. Start
Date
Est.

Completion
Date
Estimated
Cost
Total DIF
spent on
Improvements
% Impact
Fee
Funded
One new well Planned 2023 2026 $ 736,010 $ - 0%
Two Reservoirs at 1.5 MG Each Planned 2030 2032 $ 2,650,626 $ - 0% All figures in this table are as of Agust 2023
Table 5: Water Facilities - Capital Improvement Expenditures and Project Status 1 The City purchased property in 2022 for the development of one new well and is in the process of conducting an initial environmental study. No DIF funds have been used on this project.

6 WASTEWATER FACILITIES
Wastewater facilities fees are used to fund improvements to the wastewater treatment plant to increase capacity to maintain the level of service after the addition of new residents. The fees collected for this purpose are deposited into the Sewer and Maintenance Fund. According to the 2003 Nexus Study, the fee for tapping into the City sewer system is a flat fee of $400.00 plus the fees outlined in Table 6.

Table 7 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the wastewater facilities DIF fund between FY 2017-18 and FY 2021-22.

Table 6: Wastewater Facilities Fees
Single Family Residential (VL and L Density) $3,667
Mobile Homes $3,312
Med / High Density Residential $3,312
For the First 1,000 sq ft building area $1,576
Per 1,000 sq ft thereafter $1,288
Laundry Facilities, Car Washes / 1,000 sq ft $1,576 + $1,000 / machine Mortuaries / 1,000 sq ft $1,576
Recreational Vehicle / pad $1,576
Restaurants and Coffee Shops / 1,000 sq ft $1,576
Bars and Beauty Parlors / 1,000 sq ft $1,576
Hospitals / 1,000 sq ft $1,576
Convalescent hospitals and rest homes / 1000 sq ft $1,576 Schools / 1,000 sq ft $1,576
Churches / 1,000 sq ft (excluding sanctuary) $1,576
Miscellaneous City users (bakeries, etc.) $576
Government facilities equivalent to residential unit $3,667 Miscellaneous
Residential
Commercial
Institutional
Industrial
Connection charges for industrial classifications to be individually determined from discharge characteristics.

7 Table 8 details the status of each project identified in the 2003 Nexus Study, as well as the estimated start and completion date, estimated cost per the 2003 Nexus Study, and total DIF used for the project to date. The estimated costs are based on findings from the 2003 Nexus Study. Current day project costs are significantly higher than the costs estimated in 2003.

Therefore, the estimated costs may be insufficient to cover the current costs of completing the projects. The City intends to recalculate the estimated project costs to more accurately plan for the specified projects.

FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22
Beginning Balance $ 6,248,750 $ 6,754,600 $ 6,857,942 $ 7,070,008 $ 7,391,900 Revenues
Fund 6010: Sewer Enterprise Fund
Sewer Connection Fees 47,600 4,800 5,600 8,467 4,000
Capacity Fee 436,342 49,435 165,015 299,817 316,256
Sewer WWTP Expansion 2,383 6,960 11,600 - 6,960
Transfer from Buhach Colony 1050 - - - - 67,222
Interest Earned 19,525 42,146 29,852 13,608 2,640
Total Revenue 505,850 103,341 212,067 321,892 397,078
Expenditures
Fund 6010: Sewer Enterprise Fund
Total Expenditures - - - - -
Ending Balance $ 6,754,600 $ 6,857,942 $ 7,070,008 $ 7,391,900 $ 7,788,978 Table 7: Wastewater Facilities DIF Statement of Revenues, Expenditures, and Changes in Fund Balance *Table 7 only reports on the allowable DIF Revenues and Expenditures that occurred in the fund. The City occationally Collected or spent non-DIF Revenues or Expenditures between FY 2017-18 and FY 2021-22 which were not identified in the 2003 Nexus Study. As a result, the ending balance in Table 7 does not reflect the actual balance reported in the City’s financials but instead reflect what the ending balance should be once the City corrects these Non-DIF Revenues and Expenditures through transfers.

Project Name Status Est. Start
Date
Est.

Completion
Date
Estimated
Cost
Total DIF spent
on
Improvements
% Impact
Fee
Funded

3.5 MGD Additional Capacity Planned 2024 2025 $ 7,000,000 $ - 0% Tertiary Filter to Existing Facility1 Complete Complete Complete $ 567,000 $ 3,610,613 100% All figures in this table are as of Agust 2023
Table 8: Wastewater Facilities - Capital Improvement Expenditures and Project Status 1 The tertiary filter was completed using DIF funds. The 2003 Nexus Study estimated that the filter would cost $567,000, however the City expended approximately $3.6 million in Fiscal Years 11-12 to 16-17. The discrepancy is due to the increased costs of development since the 2003 estimates were prepared.

8 TRANSPORTATION FACILITIES
Transportation facility improvements, including roadway facilities and traffic signals, are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for transportation facilities are as shown in Table

9. Table 10 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the transportation facilities DIF fund between FY 2017-18 and FY 2021-22.

Table 11 details the status of each project identified in the 2003 Nexus Study, as well as the estimated start and completion date, estimated cost per the 2003 Nexus Study, and total DIF Table 9: Transportation Facilities Fees
Detached Single Family Residential (L Density) $226 / acre / $57 / unit Medium / High Density Residential $599 / acre / $35 / unit Commercial $312 / acre
Business Park & Industrial $226 / acre
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22
Beginning Balance $ 931,528 $ 1,036,973 $ 1,066,073 $ 1,175,183 $ 1,396,488 Revenues
Fund 1015: Traffic Circulation Fund
Traffic Circulation Tax 83,140 9,479 30,060 66,241 58,215 Avenue One Traffic Signal 2,343 2,402 1,244 1,002 3,484 Signal at Comm/Applegate 1,699 - 52,669 118,929 114,182 Signal at Bell Drive 1,699 - 5,420 11,889 12,064
Applegate Traffic Signal 1,699 - 5,420 11,889 11,828
Interest Earned 7,761 16,412 11,731 5,712 1,068
Traffic Signals and Optigons 7,104 808 2,565 5,642 4,849 Total Revenue 105,445 29,101 109,109 221,305 205,690
Expenditures
Fund 1015: Traffic Circulation Fund
Total Expenditures - - - - -
Ending Balance $ 1,036,973 $ 1,066,073 $ 1,175,183 $ 1,396,488 $ 1,602,179 Table 10: Transportation Faclities DIF Statement of Revenues, Expenditures, and Changes in Fund Balance

9 used for the project to date. The estimated costs are based on findings from the 2003 Nexus Study. Current day project costs are significantly higher than the costs estimated in 2003.

Therefore, the estimated costs may be insufficient to cover the current costs of completing the projects. The City intends to recalculate the estimated project costs to more accurately plan for the specified projects. The City has also abandoned several transportation facilities projects for which DIF was intended to be used.

Project Name Status Est. Start
Date
Est.

Completion
Date
Estimated
Cost
Total DIF spent
on
Improvements
% Impact
Fee
Funded
Bellevue Road Widening Planned 2027 2029 $ 3,312,000 $ - 0% Buhach Road Widening Complete Complete Complete $ 572,400 $ 230,595 40% Sycamore Avenue Abandoned Abandoned Abandoned N/A N/A N/A Bellevue Road Raised Median Planned 2026 2027 $ 528,000 $ - 0% Applegate Road Abandoned Abandoned Abandoned N/A N/A N/A Avenue One & Avenue Two Active 2008 2029 $ 3,134,497 $ - 0% Bell Drive Active 2012 2030 $ 1,567,248 $ - 0%
Commerce Avenue Active 2012 2031 $ 1,551,408 $ - 0%
Giannini Road Abandoned Abandoned Abandoned N/A N/A N/A Traffic Signals and Opticons Active 2000 Ongoing $ 1,490,000 $ - 0% All figures in this table are as of August 2023.

Table 11: Transportation Facilities - Capital Improvement Expenditures and Project Status 1 To date, the City has expended approximately $230,500 in transportation DIF funds to assist with the Buhach Road widening identified in the 2003 Nexus Study. This is less than the cost of the project; the remainder was funded by a developer as a condition of development.

Progress has also been made by developers as a condition of development on Avenue One and Two, Bell Drive, Commerce Ave, and the traffic signals. Thus, DIF funds have not yet been utilized on those projects.

10 PARKS AND RECREATION IMPROVEMENTS
Citywide parks and recreation facilities, including the Atwater Youth Center, are funded with DIF collected for new development. According to the 2003 Nexus Study, the fees for parks and recreation facilities are as outlined in Table 12.

Table 13 summarizes changes in fund balance and qualifying DIF revenues and expenditures for parks and recreation facilities DIF fund between FY 2017-18 and FY 2021-22.

Table 14 details the status of each project identified in the 2003 Nexus Study, as well as the estimated start and completion date, estimated cost per the 2003 Nexus Study, and total DIF used for the project to date. The estimated costs are based on findings from the 2003 Nexus Study. Current day project costs are significantly higher than the costs estimated in 2003.

Therefore, the estimated costs may be insufficient to cover the current costs of completing the projects. The City intends to recalculate the estimated project costs to more accurately plan for the specified projects.

Table 12: Parks And Recreations Fees
Detached Single Family Residential (L Density) $2,382 / unit Medium / High Density Residential $1,998 / unit
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22
Beginning Balance $ 1,703,750 $ 1,999,720 $ 2,059,337 $ 1,898,721 $ 1,817,205 Revenues
Fund 1020: Parks and Recreation Fund
Parks and Rec. Facility Tax 146,320 14,880 55,800 94,240 95,480 Parks Capital Improvement Tax 58,528 5,952 22,320 37,696 38,192 Youth Center Facility Tax 76,228 7,752 29,070 49,096 49,742 Interest Earned 14,894 31,033 20,365 6,571 1,909
Total Revenue 295,970 59,617 127,555 187,603 185,323
Expenditures
Fund 1020: Parks and Recreation Fund
Splash Pad at Veteran's Park (288,171) (269,119)
Total Expenditures - - (288,171) (269,119) -
Ending Balance $ 1,999,720 $ 2,059,337 $ 1,898,721 $ 1,817,205 $ 2,002,528 Table 13: Parks and Recreation Improvements DIF Statement of Revenues, Expenditures, and Changes in Fund Balance

11 Project Name Status Est. Start
Date
Est.

Completion
Date
Estimated
Cost
Total DIF
spent on
Improvements
% Impact
Fee
Funded
Additional 96 Acres of Parkland Planned 2025 2030 $9,600,000 $ - 0% 96 Acre Parkland Improvements Active 2020 2030 $3,840,000 $ 557,289 15% Additional Youth Center Planned 2028 2030 $5,000,000 $ - 0% All figures in this table are as of August 2023.

Table 14: Parks and Recreation Improvements - Capital Improvement Expenditures and Project Status 1 The City used DIF funds to purchase a new splash pad at Veterans park in FYs 2019-20 and 2020-21 which is attributed to the Parkland Improvements identified in the 2003 Nexus Study.

12 PUBLIC SAFETY FACILITIES
The impact fees for public safety were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, electronics, and other equipment as police improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 15.

Table 16 summarizes changes in fund balance and qualifying DIF revenues and expenditures for the public safety facilities DIF fund between FY 2017-18 and FY 2021-22.

Table 17 details the status of each project identified in the 2003 Nexus Study, as well as the estimated start and completion date, estimated cost per the 2003 Nexus Study, and total DIF used for the project to date. The estimated costs are based on findings from the 2003 Nexus Study. Current day project costs are significantly higher than the costs estimated in 2003.

Therefore, the estimated costs may be insufficient to cover the current costs of completing the projects. The City intends to recalculate the estimated project costs to more accurately plan for the specified projects.

Very Low Density Residential $401 / unit
Low Density Residential $401 / unit
Multi-Family Residential $46 / unit
Commercial $800 / acre
Business Park $569 / acre
Industrial $664 / acre
Institutional $796 / acre
Table 15: Police Fees
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22
Beginning Balance $ 66,510 $ 115,627 $ 122,520 $ 142,005 $ 176,885 Revenues
Fund 1091: Police Facility Impact Fee
Police Public Facility Fee 48,261 4,971 18,045 34,136 32,349 Interest Earned 856 1,922 1,440 743 160
Trans From Buhach Colony Fund 1050 - - - - 48,285
Total Revenue 49,117 6,893 19,485 34,879 80,794
Expenditures
Fund 1091: Police Facility Impact Fee
Total Expenditures - - - - -
Ending Balance $ 115,627 $ 122,520 $ 142,005 $ 176,885 $ 257,679 Table 16: Public Safety Facilities DIF Revenues, Expenditures, and Changes in Fund Balance

13 Project Name Status
Est.

Start
Date
Est.

Completion
Date
Estimated
Cost
Total DIF
spent on
Improvement
% Impact
Fee
Funded
Police building, vehicles, and equipment1 Active 2006 2030 $ 1,941,485 $ 894,931 46% Table 17: Public Safety Facilities - Capital Improvement Expenditures and Project Status All figures in this table are as of August 2023.
1 The 2003 Nexus Study provides a broad description of the allowable uses of public safety DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of public safety DIF rates. Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for public safety facilities improvements. Since 2006, the City has expended DIF funds on the development of a police substation, communications systems, and other public safety related equipment, all of which are allowable uses of public safety DIF funds pursuant to the 2003 Nexus Study’s description.

14 FIRE PROTECTION FACILITIES
Improvement of fire protection facilities and the purchase of related equipment are funded with DIF collected for new development. The impact fees for fire protection facilities were calculated in 1995 and remained unchanged with the adoption of the 2003 Nexus Study. The 1995 study identified vehicles, equipment, station furniture, training materials, and other equipment as fire facility improvements. Acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for police facilities are as shown in Table 18.

Table 19 summarizes changes in fund balance and qualifying DIF revenues and expenditures for fire protection facilities DIF fund between FY 2017-18 and FY 2021-22.

Table 20 details the status of each project identified in the 2003 Nexus Study, as well as the estimated start and completion date, estimated cost per the 2003 Nexus Study, and total DIF Very Low Density Residential $520 / unit
Low Density Residential $520 / unit
Multi-Family Residential $59 / unit
Commercial $1,038 / acre
Business Park $738 / acre
Industrial $860 / acre
Institutional $1,032 / acre
Table 18: Fire Protection Development Impact Fees
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22
Beginning Balance $ 5,357 $ 68,382 $ 76,233 $ 100,632 $ 145,117 Revenues
Fund 1093: Fire Facility Impact Fee
Fire Facility Impact Fee 62,584 6,652 23,400 43,880 41,950 Interest Earned 441 1,198 999 605 148
Transfer From Buhach Colony Fund 1050 - - - - 62,715
Total Revenue 63,025 7,850 24,399 44,485 104,813

EXPENDITURES
Fund 1093: Fire Facility Impact Fee
Total Expenditures - - - - -
Ending Balance $ 68,382 $ 76,233 $ 100,632 $ 145,117 $ 249,929 Table 19: Fire Protection Facilities DIF Statement of Revenues, Expenditures, and Changes in Fund Balance

15 used for the project to date. The estimated costs are based on findings from the 2003 Nexus Study. Current day project costs are significantly higher than the costs estimated in 2003.

Therefore, the estimated costs may be insufficient to cover the current costs of completing the projects. The City intends to recalculate the estimated project costs to more accurately plan for the specified projects.

Project Name Status
Est.

Start
Date
Est.

Completion
Date
Estimated
Cost
Total DIF spent
on
Improvements
% Impact
Fee
Funded
Fire station, vehicles, and
equipment1 Active 2006 2030 $ 3,922,360 $ 2,245,885 57% All figures in this table are as of August 2023.

Table 20: Fire Protection Facilities - Capital Improvement Expenditures and Project Status 1 The 2003 Nexus Study provides a broad description of the allowable uses of fire protection DIF funds. It also defers to the 1995 City resolution regarding public facilities improvement fees for its justification of fire protection DIF rates. Therefore, RSG utilizes the Justification of Building and Equipment Costs schedule from the 1995 resolution to determine the spending goal for fire protection facilities improvements. Since 2006, the City has expended DIF funds on the development of a fire station and truck, which are allowable uses of fire protection DIF funds pursuant to the 2003 Nexus Study’s description.

16 GENERAL GOVERNMENT CAPITAL FACILITIES
Facilities related to the general administration and management of the City are funded with DIF collected for new development. Construction or acquisition of these capital improvements allow the City to maintain the level of service provided to residents and employees prior to the new development.

According to the 2003 Nexus Study, the fees for general government capital facilities are as shown in Table 21.

Table 22 summarizes changes in fund balance and qualifying DIF revenues and expenditures for general government capital facilities DIF fund between FY 2017-18 and FY 2021-22.

Table 23 details the status of each project identified in the 2003 Nexus Study, as well as the estimated start and completion date, estimated cost per the 2003 Nexus Study, and total DIF used for the project to date. The estimated costs are based on findings from the 2003 Nexus Study. Current day project costs are significantly higher than the costs estimated in 2003.

Therefore, the estimated costs may be insufficient to cover the current costs of completing the projects. The City intends to recalculate the estimated project costs to more accurately plan for the specified projects.

Single Family Residential $378.76 / unit
Medium / High Density Residential $316.54 / unit
Non-Residential Land Use $949 / acre
Table 21: General Government Capital Facilities Fees
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22
Beginning Fund Balance $ 130,081 $ 177,253 $ 185,073 $ 204,203 $ 237,975 Revenues
Fund 1095: Government Building Facility
Government Building Facility Tax 45,843 4,922 17,044 32,772 30,911 Interest Earned 1,329 2,899 2,086 1,000 201
Total Revenue 47,172 7,821 19,130 33,772 31,112
Expenditures
Fund 1095: Government Building Facility
Total Expenditures - - - - -
Ending Fund Balance $ 177,253 $ 185,073 $ 204,203 $ 237,975 $ 269,087 Table 22: General Government Capital Facilities DIF Statement of Revenues, Expenditures, and Changes in Fund Balance

17 Project Name Status
Est.

Start
Date
Est.

Completion
Date
Estimated
Cost
Total DIF spent
on
Improvements
% Impact
Fee
Funded
Administration Building Planned 2025 2027 $3,500,000 $ - 0% Second Wing Addition to City Hall Planned 2024 2026 $2,000,000 $ - 0% Table 23: General Government Capital Facilities - Capital Improvement Expenditures and Project Status All figures in this table are as of August 2023.

18 DIF FUND RECONCILIATION
As identified in certain DIF statement tables throughout the report, the City has collected and spent funds on Non-DIF Revenues and Expenditures since FY 2017-18.

Table 24: Summary of Non-DIF Revenues and Expenditures Since FY 2017-18 Development Impact Fee Non-DIF
Revenues
Non-DIF
Expenditures
Wastewater Facilities
FY 19-20 $ 901 $ -
FY 20-21 2,703 -
FY 21-22 3,181 -
Wastewater Facilities Subtotal 6,785 -
Transportation Facilities
FY 17-18 - (15,770)
FY 18-19 - (3,000)
FY 20-21 - (15,011)
FY 21-22 - (101,110)
Transportation Facilities Subtotal - (134,891)
Parks & Recreation Improvements
FY 17-18 - (40,299)
FY 18-19 - (39,269)
FY 19-20 - (6,373)
FY 20-21 470,000 (17,087)
Parks & Recreation Improvements Subtotal 470,000 (103,028) Fire Protection Facilities
FY 17-18 - (136)
FY 18-19 - (111)
FY 19-20 - (142)
FY 20-21 - (128)
FY 21-22 - (131)
Fire Protection Facilities Subtotal - (647)
Total $ 476,785 $ (238,566)

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

January 22, 2024
TO: Mayor and City Council
FROM:

PREPARED
BY:

SUBJECT: Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181-041) (Deputy City Manager/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Waiving the second reading and adopting Ordinance No. CS 1066 approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181-041).

I. BACKGROUND/ANALYSIS:

The first reading of Ordinance No. CS 1066 approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181-041) was presented at the regularly scheduled City Council meeting of January 8, 2024. This is the second reading and adoption.

The City of Atwater is seeking approval for the vacation of a portion of land at the northwest corner of Elm Avenue and Winton Way. This proposed vacation will eliminate excess right-of-way that will no longer serve as a direct continuation onto Elm Avenue.

The portion of land is also not needed for the completion of the City's Downtown Pedestrian Improvement Project – Phase 1. Further, there are no in-place public utility facilities in use that would be affected by the vacation.

Elm Avenue was originally intended to be developed as a direct continuation along Winton Way, which is why the portion of land was acquired. However, due to alterations in planned traffic patterns and the way the intersection ultimately developed, the portion of land is no longer suitable for that purpose and is not necessary for current or future public street purposes. Furthermore, the street right-of-way is not required to finish the Downtown Pedestrian Improvement Project, as it has already constructed new street improvements and provided replacement land where needed without needing to use this portion of land.

The Downtown Pedestrian Improvement Project – Phase 1, which is funded by the

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

Agenda Report - Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181- 041) (Deputy City Manager/Community Development Director Thompson) Page 2

Congestion Mitigation and Air Quality (CMAQ) program and allocated by Merced County Association of Governments, was recently completed. The Project includes design, engineering, environmental, and construction services for new curbs/gutters, sidewalks, curb ramps, and replacement residential driveway approaches to better connect residents to the downtown core. The improvements are proposed along Fir Avenue, Elem Avenue, Drakeley Avenue, Cedar Avenue, Sixth Street, and Seventh Street.

The proposed Project consists of a Zone Change and Variance application that has been submitted to the City of Atwater. The Project requests authorization to change the zoning district for APN 002-181-041 from Office Commercial (C-O) to Central Commercial (C-C) and reduce the required interior side setback from ten feet (10') to seven feet (7') for the purposes of developing a new commercial building on an existing vacant parcel.

The site plan for the proposed project includes a 4,999 square foot building that anticipates three separate tenant spaces, ranging in size with two spaces being approximately 1,300 square feet each and one space being approximately 2,399 square feet. The 2,399 square foot tenant space is anticipated for a laundromat service, while the occupants of the other two spaces have not yet been identified. These two spaces may be consolidated into one space depending on the future tenant’s requirements. However, all future uses must comply with the requirements of the Atwater Municipal Code and will be required to submit tenant improvement plans and business licensing applications prior to occupancy and operation.

In addition to the building, the site plan also includes the construction of on-site drive aisles, concrete curbs and sidewalks, a masonry trash enclosure, 4,418 square feet of landscaping, and parking stalls. Parking will be provided in accordance with the Atwater Municipal Code and tailored to each established use. Parking is provided consistent with the parking requirements for retail stores, personal services, professional and business offices, banks, and post offices at 1 parking stall per 250 square feet of floor area. The applicant is proposing a flexible outdoor dining area in case a food establishment occupies one of the tenant spaces. The size and operation of this food establishment will be limited by the available number of parking stalls. The outdoor dining area is designed to meet the dimensions and sizing requirements of two standard parking stalls. If the City deems it necessary to provide more parking at this site in the future, the applicant will remove the dining area and construct two parking stalls at their own expense.

The site plan has undergone site plan review at the staff level to ensure it complied with all standards for setbacks, parking, landscaping, and all other requirements defined in the Atwater Zoning Ordinance and any other applicable standards.

On October 18, 2023, the Planning Commission heard this item in a regular public

Agenda Report - Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181- 041) (Deputy City Manager/Community Development Director Thompson) Page 3

meeting and recommended that the City Council approve the project as proposed without additional conditions.

ANALYSIS:

Site Location: The subject property is near the northeast corner of Elm Avenue and N Winton Way at 1789 Elm Avenue in Atwater (refer to Figure 1) and is identified by Merced County as APN 002-181-041.

Figure 1

Agenda Report - Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181- 041) (Deputy City Manager/Community Development Director Thompson) Page 4

Description of Surrounding Uses: The parcels immediately to the north of the subject property are zoned Office Commercial (C-O) and High Density Residential (R-3). The parcel to the west of the subject property is zoned Neighborhood Commercial (C-N).

The parcels to the east and south of the subject property are zoned High Density Residential (R-3). It should be noted that although zoned R-3, the parcel to the south

Agenda Report - Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181- 041) (Deputy City Manager/Community Development Director Thompson) Page 5

has a General Plan land use designation of Park.

Land Use Designation: The subject property has a land use designation of Commercial and is zoned as Office Commercial (C-O). The applicant is requesting a zone change from Office Commercial (C-O) to Central Commercial (C-C), which will remain consistent with the existing land use designation.

Commercial land uses are 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. Further, the land use allows development to occur as a single structure, group of commercial uses, or regional mall type facility. The Project is proposed to facilitate the development of a multi-tenant commercial building that would be consistent with the land use designation.

Zoning: The subject property is zoned Office Commercial (C-O) and primarily permits medical, dental, business and professional offices, as well as public and quasi-public uses. The Project is requesting a zone change to Central Commercial (C-C) which is consistent with the existing land use designation. The Central Commercial (C-C) zone district was established to facilitate the development of the central commercial core as an area of “pedestrian priority” by encouraging a broad mix of retail, service, financial office, and specialty uses and maintain and enhance the physical and economic vitality of the central City. A zone change to Central Commercial (C-C) supports the City’s Downtown Pedestrian Improvement Project. The Downtown Pedestrian Improvement Project – Phase 1, which is funded by the Congestion Mitigation and Air Quality (CMAQ) program and allocated by Merced County Association of Governments, was recently completed. It included design, engineering, environmental, and construction services for new curbs/gutters, sidewalks, curb ramps, and replacement residential driveway approaches to better connect residents to the downtown core.

Variance: Development of the subject property as proposed is subject to an approved variance application. The purpose of a variance is to allow for deviations from the development standards of the Zoning Ordinance when the property is subject to exceptional narrowness, lowness, unusual shape, exceptional topographic conditions, or other extraordinary conditions that would warrant the property being undevelopable if subject to adherence of all development standards. In no case can a variance be granted for over 50% of any requirement.

The shape of the subject property is unusual and eligible for a variance. Because of the shape, the development cannot meet parking and the interior setback requirement. The deviation being requested is to reduce the interior side setback from ten feet (10’) to seven feet (7’) resulting in a 30% reduction, which would not result in a deviation of more than 50%. Further, the variance request has been reviewed for public safety and the Fire Department and Building Division did not see any issues with the reduction.

Agenda Report - Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181- 041) (Deputy City Manager/Community Development Director Thompson) Page 6

Pursuant to section 17.74.040, the City may grant a variance by majority vote when all the following conditions are found:

A. That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family, or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance.

Further, a previous variance can never have a set precedent, for each case must be considered on its individual merits.
• The subject property is an irregular shape which makes the placement of the building disproportionately difficult. The parcel cannot accommodate the required on-site circulation, parking, and accessible paths of travel while also maintaining the required 10’ interior side yard setback. It should be noted that the proposed 7’ setback has been routed to both the Fire Department and Building Department for comment, and it was deemed sufficient for public health and safety. Further, under the existing zone district of C-O, 5’ is the required setback and the proposed building exceeds this requirement.

B. That the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and vicinity, and that a variance would not constitute a special privilege of the recipient not enjoyed by his neighbors.
• The purpose of the variance is to allow the building to encroach into the standard required interior side setback, so the building does not encroach on other on-site elements such as accessible pathways and drive aisles, which allows the site to operate and serve the community in a safer manner.

C. That the authorizing of such a variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of the zoning regulations or the public interest.
• The site is currently zoned for C-O with a 5-foot interior yard setback. The project, although proposing a zone change, is providing a 7-foot interior side yard setback with a masonry wall to buffer the adjacent residential property. As such, the project will not be a detriment to adjacent property or materially impair the purposes of the zoning regulations or the public interest because the resulting interior side setback is greater than what is currently required.

D. That the condition or situation of the specific piece of property for which the variance is sought is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for that condition or situation. • Due to the shape of the subject property and the nature of the infill lot with built-out development surrounding it, the project warrants the request of a

Agenda Report - Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181- 041) (Deputy City Manager/Community Development Director Thompson) Page 7

variance application. It is a singular event that has created the need for the variance and is unique to the applicant’s situation.

II. FISCAL IMPACTS:

There will be no City funds involved with this vacation or ordinance. All costs associated with these vacations are funded by the project applicant.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

LU-2: Ensure that the appearance of non-residential development contributes positively to the community's image.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

An interdepartmental routing sheet was sent to all required departments and affected agencies for review, and their comments and conditions have been incorporated.

VII. PUBLIC PARTICIPATION:

The public hearing was adequately noticed and advertised for the regularly scheduled City Council hearing. The public will have the opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

At the regularly scheduled Planning Commission Hearing held on October 18, 2023, the Planning Commission adopted findings that the summary vacation project is categorically exempt under California Environmental Quality Act (CEQA) guidelines section 15061(b)(3): ”Common Sense Exemption”.

Pursuant to the California Environmental Quality Act (CEQA), the zone change and variance project is categorically exempt under guideline section 15303: Class 3 “New Construction or Conversion of Small Structures”, which states “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section

Agenda Report - Waiving the Second Reading and Adopting an Ordinance of the City Council Approving Zone Change No. 23-14-0100 for a Parcel Located at 1789 Elm Street (APN: 002-181- 041) (Deputy City Manager/Community Development Director Thompson) Page 8

are the maximum allowable on any legal parcel.” The Section also lists up to four commercial buildings that do not exceed 10,000 square feet as an example of a use that would fall under this exemption.

The Project is proposing a single 4,999 square foot commercial building in an urbanized area on an infill lot planned for commercial uses. The Project will have access to public services and facilities; therefore, a Class 3 exemption applies to the Project.

IX. STEPS FOLLOWING APPROVAL:

This is the second reading of Ordinance No. CS 1066, once adopted, a copy will be forwarded to the corresponding departments.

Submitted by:

Greg Thompson, Deputy City Manager/Community Development Director Approved by:

Lori Waterman, City Manager
Attachments:

1. Ordinance 1066 _CC_zone change

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1066

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATWATER APPROVING ZONE CHANGE NO. 23-14-0100
FOR A PARCEL LOCATED AT 1789 ELM STREET IN
ATWATER (APN: 002-181-041)
WHEREAS, on October 18, 2023, the Planning Commission (“PC”) of the City of Atwater reviewed Zone Change No. 23-14-0100 and Variance No. 23-14-0400, as submitted by Shan Singh, requesting to change the zone district from Office Commercial (C-O) and Central Commercial (C-C) and reduce the interior side yard setback from ten feet (10’) to seven feet (7’); and,
WHEREAS, the Planning Commission of the City of Atwater made the recommendation to the City Council to amend the zoning for this project and approve the proposed variance; and
WHEREAS, this this project is categorically exempt under California Environmental Quality Act (CEQA) guideline section 15303, Class 3, “New Construction or Conversion of Small Structures;” and,
WHEREAS, the site can accommodate the proposed use and not have a detrimental effect on the health, safety, and welfare of the neighborhood nor have any adverse effect on the community.

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

Section 1: Pursuant to Section 17.44.060 (D)(1) of the Atwater Municipal Code, the City Council of the City of Atwater does hereby amend the zoning map of the City and approves Zone Change No. 23-14-0100 to reflect APN: 002-181-041 Central Commercial (C-C) subject to the development standards as adopted for this district and further pursuant to provisions of said code section referenced above do serve notice of the following conditions to any prospective property owner of the limitations of this entitlement as follows:

1. All Projects shall meet the latest Atwater Municipal Code and California Fire Code.

Ordinance No. CS 1066 Page 2

2. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, and Planning Commission as affirmed to by the applicant. Any variation from these plans, proposals, supporting documents, or presentations is subject to review and approval prior to implementation.

3. That the development of this property or any subdivision thereof shall be subject to Site Plan approval as delineated in the Central Commercial Zoning District.

4. The applicant or applicant’s successor in interest shall indemnify and defend and hold harmless the City of Atwater, its agents, officers and employees from any and all claims, actions, or proceedings against the City of Atwater, its agents, officer and employees to attack, set aside, void or annul any approval by the City of Atwater and its advisory agency appeal board or legislative body concerning this application, which action is brought within applicable statutes of limitation. The City of Atwater shall promptly notify the applicant or applicant’s successor in interest of any claim or proceedings and shall cooperate fully in the defense. If the city fails to do so, the applicant or applicants’ successor in interest shall not thereafter be responsible to defend, indemnify or hold the City harmless. This condition may be placed on any plans or other documents pertaining to this application.

Section 2: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Atwater hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

Section 3: This ordinance shall take effect and be in force thirty (30) days after the date of its passage, and the City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in in accordance with State law.

INTRODUCED: January 8, 2024
ADOPTED:

AYES:

NOES:

ABSENT:

Ordinance No. CS 1066 Page 3
APPROVED:
________________________________

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

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

January 22, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director

PREPARED
BY:

John Seymour, City Engineer
SUBJECT: Awarding a Professional Services Agreement for Design Services to Minagar & Associates of Laguna Hills, California for the City Wide Synchronization Project (Deputy City Manager/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Motion to award a Professional Services Agreement for Design Services, in a form approved by the City Attorney, to Minagar & Associates of Laguna Hills, California, for the City Wide Synchronization Project, in an amount not to exceed $230,469.22; and Motion to authorize and direct the City Manager, or her designee, to execute the contract on behalf of the City; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

In December of 2021, the City responded to MCAG’s “Congestion Mitigation and Air Quality (CMAQ) Call for Projects – Spring/Summer 2021” for a city wide traffic signal synchronization project to improve traffic flow and reduce vehicle emissions. The project was awarded a funding grantin the amount up to $1,350,793 (federal fund in the amount of $1,195,857 with local match in the amount of $154,936) for the design, engineering, environmental analysis, and construction of the project. The project will integrate 17 existing traffic signals together with 6 traffic signals previously synchronized. The purpose of synchronizing traffic signals is to facilitate motorist progress along roadways by minimizing delays and stops at intersections, thereby reducing fuel consumption and vehicle emissions. Synchronization improves circulation by reducing time delays, reducing vehicle queue lengths at intersections, and providing gaps for traffic from minor intersection streets roadways to safely enter major roadways. Reducing time delays also improves good movement on the City’s major corridors.

U.S. Department of Transportation (DOT) Federal Highway Administration (FHWA)

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

Agenda Report - Awarding a Professional Services Agreement for Design Services to Minagar & Associates of Laguna Hills, California for the City Wide Synchronization Project (Deputy City Manager/Community Development Director Thompson) Page 2

CMAQ Federal Aid funds are administered through Caltrans. During the process of making submittals to Caltrans for authorizations to proceed through the various project phases, several documents and agreements are required by the Local Assistance Procedures Manual, which must to be signed by an authorized representative on behalf of the City. In most cases, an adopted City Council Resolution must accompany the City representative’s signature to demonstrate delegated authority.

II. FISCAL IMPACTS:

Sufficient funding for this project is available in the Capital Improvement Plan for the FY 2023-24. Local match to be provided by Measure V.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The item was 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:

Environmental document shall be approved and recorded prior to construction Phase.

IX. STEPS FOLLOWING APPROVAL:

Following approval, the City Council will direct the contract to be signed by the City Manager and City Attorney.

Submitted by:

Greg Thompson, Deputy City Manager/Community Development Director Approved by:

Agenda Report - Awarding a Professional Services Agreement for Design Services to Minagar & Associates of Laguna Hills, California for the City Wide Synchronization Project (Deputy City Manager/Community Development Director Thompson) Page 3

Lori Waterman, City Manager
Attachments:

1. Minagar Professional Services agreement Signed 1.12.24

2. City of Atwater - Project Scope of Services for City Traffic Signal Synch, FM

3. Minagar_AtwaterCitywideSignalsSynch_Exhibit 10-H2, Jan 9, 2024

4. Minagar Cost Proposal 1.9.24

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 1 of 18

PROFESSIONAL SERVICES AGREEMENT BETWEEN FOR ON-CALL ENGINEERING SERVICES THE CITY OF ATWATER AND MINAGAR & ASSOCIATES, INC. (PROFESSIONAL) THIS AGREEMENT for on-call engineering services (“Agreement”) is made by and between the City of Atwater, a California municipal corporation (“City”) and Minagar & Associates, Inc., a California “S” Corporation, a California “S” corporation, (“Professional”) as of January 22, 2024, (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties.” Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City engineering services on an as-needed basis pursuant to the terms and conditions set forth in this Agreement and in the described in the Scope of Services attached hereto and incorporated herein as Exhibit “A”. Professional represents that it is experienced in providing engineering services to public clients, is licensed in the State of California, and is familiar with the plans of City. Professional shall provide a Scope of Services and fee proposal based on the rates set forth in Professional’s Fee Schedule attached to this Agreement as Exhibit “B” on a project-by-project basis, for review by City. Professional promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice necessary for the Project (“Services”). All Services shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date noted above and shall end on December 31, 2025. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional represents and maintains that it is skilled in the calling necessary to perform the Services. Professional warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Professional represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Professional shall prepare all work products required by this Agreement in a skillful and competent manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession. All work prepared by Professional shall be subject to the approval of City.

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 2 of 18

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

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

Section 2. COMPENSATION. City hereby agrees to pay Professional for the full performance of its Services on a time and materials basis at the compensation rates specified on Exhibit B; provided, however, that total compensation for the full performance by Professional of Services shall not exceed $230,469.22, without prior authorization from the City Manager or her designee. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

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

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, which indicates work completed and hours of Services rendered by Professional. The invoice shall identify the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 3 of 18  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
 The Professional’s signature; and
 Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.

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

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

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

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

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

2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement.

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

2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 4 of 18 outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.

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

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

City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

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

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than TWO MILLION DOLLARS ($2,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 5 of 18 of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

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

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

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

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

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 6 of 18 operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance.

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

4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 7 of 18 c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

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

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

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

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

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

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

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 8 of 18

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

4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

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

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 9 of 18 acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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

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

Section 6. STATUS OF PROFESSIONAL.

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

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

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

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

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 10 of 18 agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

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

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

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

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

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

7.6 California Labor Code Requirements.

7.6.1 Professional is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 11 of 18 “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Professional agrees to fully comply with such Prevailing Wage Laws.

Professional shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Professional and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

7.6.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Professional and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Professional shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

7.6.3 This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Professional’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Professional or any subcontractor that affect Professional’s performance of Services, including any delay, shall be Professional’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered a Professional-caused delay and shall not be compensable by the City.

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

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

Section 8. TERMINATION AND MODIFICATION.

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 12 of 18

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

Professional may cancel this Agreement upon 90 days’ prior written notice to City and shall include in such notice the reasons for cancellation.

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

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1, for up to two, one-year renewals. Any such extension shall require a written approval by the City Manager, or her designee. Any extension beyond two years shall require a written amendment to this Agreement as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

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

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

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

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

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

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 13 of 18

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

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

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

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

Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

Section 10. KEEPING AND STATUS OF RECORDS.

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

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

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 14 of 18

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

Section 11. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

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

On-Call Master Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 16 of 18 _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

11.12 Integration. This Agreement, and the exhibits listed below, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Fee Schedule
Exhibit C Cost Proposal

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

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

11.15 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.

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

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

11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]

Exhibit A to Professional Services Agreement between January 22, 2024 City of Atwater and Minagar & Associates, Inc. Page 1 of 1

EXHIBIT A
(Scope of Services)

1 MINAGAR & ASSOCIATES, INC.
z
PREPARED BY:

MINAGAR & ASSOCIATES, INC.

ITS – Traffic/Civil/Electrical Engineering – Transportation Planning – Homeland Security – CEM 23282 Mill Creek Drive, East Tower, Suite 120
Laguna Hills, CA 92653
PREPARED FOR:

CITY OF ATWATER
Community Development Department
750 Bellevue Road
Atwater, CA 95301
Scope of Services
for
Citywide Traffic Signals Synchronization Project
City of Atwater, CA
Traffic Signal Synchronization Project Location Map in the City of Atwater City of Atwater’s Sample Intersection 1:

Fruitland Ave at Winton Way
IN ASSOCIATION WITH:

AimTD LLC
155 N Riverview Drive, Suite 100
Anaheim, CA 92808
December 16, 2023

City of Modesto’s Traffic Signal Synchronization of 145 Traffic Signals & ATMS Design
City of Colton’s Traffic Signal Synchronization, Wireless Interconnect and Citywide ATMS Design PS&E